| (1) |
The Minister may, after consultation with the council, make regulations relating to— |
[Words preceding subsection (1) substituted by section 51(a) of Act No. 29 of 2007]
| (i) |
the registration by the council of students in registrable professions studying at any accredited educational institution or training facility, the fees payable in respect of such registration and the removal by the council from the register in question of the names of such students so registered; |
| (ii) |
the standards of general education required of such students as a condition precedent to such registration; |
| (iii) |
the duration of the curricula to be followed by such students at such educational institution or training facility; |
| (iv) |
the minimum requirements of the curricula and the standards of education, training and examinations to qualify for registration in terms of this Act, which must be maintained at every educational institution or training facility offering education and training in any such profession, in order to secure recognition under this Act of the qualifications in question at such educational institution or training facility; |
[Subsection (1)(a) substituted by section 51(a) of Act No. 29 of 2007]
| (i) |
the minimum age and the standard of general education required of a candidate for examination for a certificate entitling the holder thereof to registration in terms of this Act; |
| (ii) |
the persons who may be admitted to such examinations; |
| (iii) |
the courses of study and the training required for such examinations; |
| (iv) |
the institutions and facilities at which such education or training may be taken or undergone and any other requirements in connection with such education or training; |
| (v) |
the registration by the council of persons taking or undergoing such education or training provided for in section 61A(1)(l); |
| (vi) |
[Subsection (1)(b)(vi) deleted by section 51(c) of Act No. 29 of 2007] |
| (vii) |
the appointment and remuneration of moderators and examiners, as well as any other person required to assist in such examinations; |
| (viii) |
the issue of certificates by the council and any other matter incidental to such examinations or the issue of such certificates; |
| (ix) |
the nature and duration of the training to be undergone by persons who have obtained such certificates but who have not yet been registered, before they may be so registered; |
| (x) |
the nature and duration of the training to be undergone by any person who has obtained a qualification in a profession prescribed in terms of section 24 or 25, but who is not yet registered as such, before he or she may be registered as such; |
[Subsection (1)(b) substituted by 51(c) of Act No. 29 of 2007]
| (c) |
the conditions under which any registered person may practise his or her profession; |
[Subsection (1)(d) substituted by section 51(d) of Act No. 29 of 2007]
| (i) |
the registration of interns, where applicable, to a registrable profession, including the recording of particulars of their training and proof of the performance thereof; |
| (ii) |
the hospitals or other facilities at which or the persons with whom such training may be undertaken and the accreditation of such facilities or persons; |
| (iii) |
any other matter incidental to the registration or training of interns; |
[Subsection (1)(e) substituted by section 51(e) of Act No. 29 of 2007]
| (i) |
the registration in terms of section 35 of the specialities or subspecialities or professional categories or additional professional categories of the health professions; |
| (ii) |
the requirements to be satisfied, including the education and training to be obtained, the nature and duration of the education and training to be undergone and the qualifications to be held by persons before any person may be registered as a specialist or in any subspecialty, professional category or additional professional category; |
| (iii) |
the circumstances under which any applicant for registration of a specialist shall be exempted from any of such requirements; |
| (iv) |
conditions in respect of the practising of a specialist or a person whose subspeciality, professional category or additional professional category has been registered, including conditions restricting the practice of such a specialist or any such person to the speciality, subspeciality or professional category or additional professional category in which he or she holds registration; |
| (i) |
[Subsection (1)(g)(i) deleted by section 51(g) of Act No. 29 of 2007]; |
| (ii) |
the requirements for a valid nomination of a candidate for appointment by the Minister as a member of a professional board; |
[Subsection (1)(g) substituted by section 51(g) of Act No. 29 of 2007];
(h)
| (i) |
the manner in which complaints, charges or allegations brought against a registered person shall be lodged; |
| (ii) |
the method of summonsing a respondent and the penalties for failure or refusal on the part of any such respondent to respond to or attend or for obstructing or interrupting any part of the professional conduct inquiry; |
| (iii) |
the continuation of a professional conduct inquiry, after a plea has been lodged, by the committee conducting the inquiry, should one or more members of the committee be unable to continue to serve: Provided that not less than four of the original members of the committee are available to continue with the inquiry; |
| (iv) |
the procedure to be followed to lodge an appeal with an appeal committee and the time within which an appeal may be lodged; |
| (v) |
any other matter relating to the conduct of such an inquiry; |
[Subsection (1)(h) substituted by section 51(h) of Act No. 29 of 2007]
| (i) |
the accreditation by a professional board of pathology laboratories providing services which fall within the ambit of this Act, the laying down of conditions with which such laboratories must comply to obtain accreditation |
[Subsection (1)(i) substituted by section 51(i) of Act No. 29 of 2007]
| (j) |
any matter which in terms of this Act is required to be prescribed by regulation; and |
| (k) |
generally, all matters which the Minister considers necessary or expedient to prescribe in order that the purposes of this Act may be achieved, and the generality of this provision shall not be limited by the preceding paragraphs of this subsection. |
| (2) |
The Minister may, after consultation with the council, if he or she deems it to be in the public interest, amend or repeal any regulation or rule made in terms of this Act. |
| (3) |
[Subsection (3) deleted by section 51(j) of Act No. 29 of 2007]; |
| (4) |
Any regulation made under this section may prescribe penalties for any contravention thereof or failure to comply therewith. |
| (5) |
Any proclamation or notice issued or regulation, rule or order made under this Act may from time to time be amended or repealed by the authority by which it was issued or made. |
| (6) |
The Minister shall, not less than three months before any regulation is made under subsection (1), cause the text of such regulation to be published in the Gazette together with a notice declaring his or her intention to make such regulation and inviting interested persons to furnish him or her with any comments thereon or any representations they may wish to make in regard thereto. |
| (7) |
The provisions of subsection (6) shall not apply in respect of— |
| (a) |
any regulation which, after the provisions of subsection (6) have been complied with, has been amended by the Minister in consequence of representations received by him or her in pursuance of the notice issued thereunder; and |
| (b) |
any regulation in respect of which the Minister is advised by the council that the public interest requires it to be made without delay. |
Supreme Court Act, 1959
