            DEPARTMENT OF HEALTH (CONSTITUTION)   [ CAP. 94.              1
CHAPTER 94
DEPARTMENT OF HEALTH (CONSTITUTION) ORDINANCE 
To provide for the re-organization of certain departments and for the establishment of a
Department of Health in Malta.
1st November, 1937
ORDINANCE XXX of 1937, *  as amended by Ordinance XI of 1943; Proclamation IX of
1947; Emergency Ordinance I of 1959; Ordinances V of 1959, XXVIII of 1961 and XXV of
1962; Act I of 1962; L.N. 4 of 1963; Act II of 1964; L.N. 46 of 1965; Acts XXIII and XXVI of
1968, XIV of 1969, XLI of 1972, XIX of 1973, X, XXXII and LVIII of 1974; L.N. 148 of 1975;
and Acts LVII of 1975, XXVI of 1976, XLIX of 1981, VIII of 1983, X of 1984, XIII of 1986 and
XII of 2003.
ARRANGEMENT OF ORDINANCE  
* See  Government Notice No. 530 of 1940.
Articles
Short title and Definitions 1-2
Part I. Establishment and Constitution of the Department of Health  3-6 
Part II.  Council of Health  7-15
Part III. Appointment, Duties and Powers of the Officers of the
Department 16-19
Part IV.  The Medical Council  20-23 
Part V.  Advisory and Executive Board  24-28 
Part VI.  Pharmacy Board  29-31 
Part VII. Nursing and Midwifery Board  32-34 
Part VIII. Board for the Professions Supplementary to Medicine 35-37 
Part IX.  Hospital Management Committees                     38-43
Part X.  General Services’ Board                                  44-45
Part XI General                                                         46-49
Part XII. Saving Provisions                                              50
Schedule
  2        CAP. 94. ]           DEPARTMENT OF HEALTH (CONSTITUTION)
Short title. 
Amended by: 
XIV. 1969.2.
1. The short title of this Ordinance is the Department of
Health (Constitution) Ordinance.
Interpretation. 
Added by:
I. 1959.2. 
Amended by:
XXVIII. 1961.2;
XXV. 1962.4; 
L.N. 4 of 1963;
L.N. 46 of 1965;
XIV. 1969.3;
XIX. 1973.2; 
LVIII. 1974.68;
LVII. 1975.2;
VIII.1983.2.
2. In this Ordinance, unless the context otherwise requires -
 "apothecary" means a person licensed by the President of Malta
to practise as apothecary in Malta and registered in the
Apothecaries’ Register;
"the Board" means the Advisory and Executive Board;
"the Committee" means the Hospital Management Committee;
 "consultant staff" means the holders of such offices, connected
with hospital duty, as the Minister shall from time to time designate
by notice in the Government Gazette;
"the Council" means the Medical Council;
"dental surgeon" means a person licensed by the President of
Malta to practise as dental surgeon in Malta and registered in the
Dental Surgeons’ Register and includes a person licensed by the
President of Malta to practise as dentist and registered in such
register;
"the department" means the Department of Health;
"enrolled nurse" means a person whose name is entered in the
Roll of Nurses;
"Malta" has the same meaning as is assigned to it by article 124
of the Constitution of Malta;
"medical practitioner" means a person licensed by the President
of Malta to practise the medical profession in Malta and registered
in the Medical Register;
"midwife" means a person licensed by the President of Malta to
practise as midwife in Malta and registered in the Register of
Midwives;
"Minister" means the Minister responsible for the Department;
"professional and ethical standards" include the standard of the
general conduct of the members of a profession, as well as the
behaviour of such member towards his client or the patient under
his care or being attended by him, during or consequential to the
exercise of his profession;
"registered nurse" means a person whose name is entered in any
part of the Register of Nurses;
"veterinary surgeon" means a person licensed by the President of
Malta to practise as a veterinary surgeon in Malta and registered in
the Veterinary Surgeons’ Register.
            DEPARTMENT OF HEALTH (CONSTITUTION)   [ CAP. 94.              3
PART I
E STABLISHMENT AND  C ONSTITUTION OF THE  D EPARTMENT OF 
H EALTH
Department of 
Health.  
Amended by: 
XIV. 1969.5.
3. There shall be a Department of Health.
Chief Government 
Medical Officer to 
be Head of the 
Department of 
Health and 
Superintendent of 
Public Health. 
Amended by. 
XIV. 1969.6.
4. The Head of the Department of Health shall be the Chief
Government Medical Officer who shall also be  ex officio
Superintendent of Public Health.
Other officers of 
the Department. 
Amended by: 
XI. 1943.2;
L.N. 4 of 1963. 
Substituted by: 
IV. 1969.7.
5. The following officers shall belong to the department: 
( a ) the Principal Medical Officers;
( b ) the Senior Medical Officers, the Medical Officers of
Health, the Medical Superintendents, the Port Medical
Officers, the School Medical Officers, the School
Dental Surgeons, the Child Health Officers, the
District Medical Officers, the Visiting and Resident
Medical and other staff of the hospitals and
establishments forming part of the department;
( c ) the Senior Public Health Laboratory Officer, the
Pathologists, the Bacteriologists, the Occupational
Hygiene Officer, the Analysts and other laboratory
staff;
( d ) the Sanitary Engineering Officer, the Health
Inspectors, the Dental Hygienists, the Midwives, the
Health Visitors and the Nurses; and
( e ) such other officers as the Prime Minister may appoint
from time to time.
Establishments and 
services under the 
department. 
Amended by: 
L.N. 4 of 1963;
XIV. 1969.8; 
LVII. 1975.3.
Substituted by:
XLIX. 1981.6.
6. The department shall comprise such establishments and
services as may from time to time be declared by the Minister to
form part of the department.
  4        CAP. 94. ]           DEPARTMENT OF HEALTH (CONSTITUTION)
PART II 
C OUNCIL OF  H EALTH
Constitution of 
Council of Health. 
Amended by:
Procl. IX of 1947; 
VII. 1959.3;
XXVIII. 1961.3;
XXV. 1962.4; 
L.N. 46 of 1965;
XLI. 1972.3.
Substituted by:
XXXII. 1974.2.
Amended by: 
LVIII. I 974.68;
L.N. 148 of 1975.
7. (1) There shall be a Council of Health. 
(2) Such Council shall consist of -
( a ) the Minister, who shall be Chairman;
( b ) the Attorney General or his representative, being
either the Deputy Attorney General or a Senior
Counsel for the Republic;
( c ) the Chief Government Medical Officer; 
( d ) the Professor of Medicine;
( e ) one Consultant Psychiatrist;
( f ) one medical practitioner with experience in
community medicine;
( g ) a representative of a trade union representing
industrial workers;
( h ) two members with experience in human ecology, one
of whom shall be a member of the teaching staff of the
University of Malta; and
( i ) an industrialist.
(3) The members referred to in subarticle (2)( e ), ( f ), ( g ), ( h )
and ( i ) shall be appointed by the Minister for such term as the
Minister shall decide from time to time.
(4) The Minister shall appoint an officer of the department to
be secretary.
(5) Membership of the Council shall be honorary and unpaid. 
Power to appoint 
sub-committees.  
Added by: 
XXXII. 1974.3.
8. The Council of Health shall have power to appoint sub-
committees and to co-opt thereon members who are not members of
the said Council.
Vacancy among 
members. 
Amended by:
XXXII. 1974.4.
9. The Council of Health, which shall meet at least once
every three months, shall not be disqualified for the transaction of
business by reason of any vacancy among the members of such
Council.
Duty of Council to 
advise 
Government. 
Amended by:
XXV. 1962.5.
10. It shall be the duty of the Council of Health, whenever
required by the Minister, to advise - 
( a ) on any matter with regard to which the law provides
that the advice of the Council shall be taken,
( b ) on any matter affecting the public health in Malta.
Power of Council 
to make 
recommendations.
11. The Council of Health shall have power to recommend any
such measures, enquiries or scientific investigations as, in their
opinion, are useful in the interests of the public health.
Meetings of 
Council.
12. (1) The Council of Health shall hold its meetings at such
time and place as shall be stated in the notice calling the meeting. 
(2) The decisions of the Council shall be taken by a majority of
            DEPARTMENT OF HEALTH (CONSTITUTION)   [ CAP. 94.              5
votes.
(3) The Chairman shall have an original vote and, in case of
equal division of votes, also a second or casting vote.
Quorum.
business unless there are at least four of its members present: 
  Provided that, if the Council is convened to consider any matter
upon which its advice is urgently required by the Government, the
Council may decide by a majority of the members present.
Senior official 
member to preside 
in absence of 
Chairman. 
Substituted by:
Procl. IX of 1947.
14. If the Chairman is absent from any meeting of the Council
the senior official member present shall preside.
Power of Minister 
to make 
regulations.  
Amended by: 
L.N. 4 of 1963.
15. The Minister may make, vary or revoke regulations for the
proper conduct of the business of the Council of Health.
PART III
A PPOINTMENT,  D UTIES, AND  P OWERS OF THE  O FFICERS OF THE 
D EPARTMENT
Duties and powers 
of Chief 
Government 
Medical Officer. 
Amended by: 
L.N. 4 of 1963.
XIV. 1969.9.
16. (1) The Chief Government Medical Officer shall be the
chief adviser to the Government on any matter relating to the public
health or relating to or in connection with the health services.
(2) He shall from time to time inspect the hospitals and other
establishments and services forming part of his department, as well
as, whenever required by the Minister, other government
institutions, and shall bring to the notice of the Minister any defects
or requirements he may have observed, making such
recommendations as he may deem proper.
(3) As soon as practicable after the end of each year, the Chief
Government Medical Officer shall make to the Minister a report on
the health conditions of Malta and on the working of the
establishments and services forming part of his department.
(4) The Chief Government Medical Officer may delegate any
of the duties or powers assigned to or conferred upon him by any
law or regulation which is now or may hereafter be in force to any
Principal Medical Officer or to any Senior Medical Officer, or any
other officer of his department as the exigencies of the service may
require.
Powers and duties 
of Principal 
Medical Officers. 
Substituted by:
XIV. 1969.10.
17. (1) It shall be the duty of the Principal Medical Officers to
assist the Chief Government Medical Officer and the Minister in
the planning, direction, development and administration of the
health services.
(2) The Principal Medical Officers shall moreover - 
( a ) deal with international health matters and relative
  6        CAP. 94. ]           DEPARTMENT OF HEALTH (CONSTITUTION)
commitments;
( b ) propose and formulate any such legislative measures
as may be necessary in relation to health services;
( c ) control, supervise and coordinate the organisation and
administration of the health services; and
( d ) perform such other duties as may be delegated or
assigned to them by the Chief Government Medical
Officer or as may be assigned to them by or under any
law or regulation.
Powers and duties 
of Senior Medical 
Officers. 
Substituted by:
XIV. 1969.11.
18. (1) The Senior Medical Officers shall be the executive
officers in the administration of the health services and shall, in the
execution of their duty, be responsible in particular for the conduct
of - 
( a ) the environmental and public health services,
including the personal health services;
( b ) the occupational health services, including radio-
logical protection and air pollution control; and
( c ) other community health services, including the district
medical service.
(2) The Senior Medical Officers shall moreover perform such
other duties as may be delegated or assigned to them by the Chief
Government Medical Officer or by any Principal Medical Officer,
or as may be assigned to them by or under any law or regulation.
Power of Minister 
to make 
regulations. 
Amended by: 
L.N. 4 of 1963.
19. The Minister may make regulations in respect of all or any
of the following matters:
( a ) the qualifications to be held, the duties to be
performed and the powers to be exercised by the
professional, administrative and other personnel of the
department;
( b ) the management and administration of any of the
establishments or services forming part of the
department;
( c ) the maintenance of good order in the said
establishments and services.
Substituted by:
I. 1959.3.
PART IV
T HE  M EDICAL  C OUNCIL
The Medical 
Council. 
Amended by:
XXVIII. 1961.4;
L.N. 46 of 1965;
XXIII. 1968.2;
LVIII. 1974.68;
L.N. 148 of 1975;
XXXVI. 1976.2;
VIII. 1983.3.
20. Repealed by: XII. 2003.52 .
            DEPARTMENT OF HEALTH (CONSTITUTION)   [ CAP. 94.              7
Registrar of the 
Council.
21. Repealed by: XII. 2003.52 .
Term of office. 
Amended by:
XXVIII. 1961.6;
L.N. 46 of 1965;
LVIII. 1974.68;
XXXVI. 1976.3.
22. Repealed by: XII. 2003.52 .
Duties of Council. 
Substituted by:
XXIII. 1968.3.
Amended by:
LVIII. 1974.68.
23. Repealed by: XII. 2003.52 .
Added by: 
I. 1959.5.
PART V
A DVISORY AND  E XECUTIVE  B OARD
Advisory and 
Executive Board. 
Added by:
I. 1959.5.
Substituted by:
XXIII. 1968.4.
Amended by:
XIV. 1969.12;
XIX. 1973.3; 
LVIII. 1974.68;
L.N. 148 of 1975;
XXXVI. 1976.4;
VIII. 1983.4.
24. (1) There shall be a Board to be called the Advisory and
Executive Board which shall exercise and perform the functions
assigned to it by this Ordinance.
(2) The Board shall consist of the following members - 
( a ) a Chairman, who shall not be a medical practitioner,
appointed by the President of Malta;
( b ) four  ex   officio  members, who will be the Chief
Government Medical Officer, two medical officers
appointed by the Minister, being Principal Medical
Officers or Senior Medical Officers, and the Dean of
the Faculty of Medicine and Surgery at the University
of Malta;
( c ) two medical practitioners appointed by the President
of Malta;
( d ) six elected members.
(3) The six elected members shall be -
( a ) five medical practitioners, of whom one at least shall
be a member of the consultant staff at St. Luke’s
Hospital, elected by secret ballot by the medical
practitioners ordinarily resident in Malta; and
( b ) one dental surgeon elected by secret ballot by the
dental surgeons ordinarily resident in Malta.
(4) The Chief Government Medical Officer, after consultation
with the Chairman of the Board, shall appoint an officer of the
department to act as Secretary of the Board.
(5) The Board may discuss, decide and in any manner act
notwithstanding any vacancy among its members.
Term of office. 
Added by:
I. 1959.5. 
Amended by: 
L.N. 46 of 1965;
XXVI. 1968.2;
LVIII. 1974.68;
XXXVI. 1976.5;
VIII. 1983.5.
25. (1) The Chairman shall hold and vacate his office in
accordance with the terms of his appointment; but may at any time
resign his office by notice in writing to the President of Malta.
(2) The members referred to in article 24(2)( d ) shall be elected
for a term of three years.
(3) The members appointed under article 24(2)( b )   or ( c ) shall
  8        CAP. 94. ]           DEPARTMENT OF HEALTH (CONSTITUTION)
hold office for such period and on such terms and conditions as the
Minister or the President of Malta, as the case may be, may deem
appropriate, and who may at any time terminate any such
appointment.
(4) Any member appointed or elected, as the case may be,
under article 24(2)( c )   or   ( d ) may at any time resign his office by
notice in writing to the Chairman of the Board.
(5) When a vacancy occurs in the composition of the Board, a
new appointment shall be made or an election held, as the case may
be, within a period of one month from the date of such vacancy.
Duties of the 
Board. 
Added by:
I. 1959.5. 
Amended by: 
L.N. 4 of 1963;
XXIII. 1968.5;
XIV. 1969.13; 
L.N. 148 of 1975.
26. (1) It shall be the duty of the Board - 
( a ) to advise the Minister on any matter relating to or in
connection with the government health services,
including proposals for new developments or the
reorganisation of such services;
( b ) to advise the Minister on the terms and conditions of
service and the transfer and promotion of the
government servants specified in the Schedule;
( c ) to appoint selection committees for recommending
medical appointments (other than appointments made
conjointly with the University of Malta) to be made by
the Prime Minister;
( d ) to advise the Minister in respect of disciplinary
proceedings against medical practitioners in the
government service in their capacity as public officers;
and
( e ) to carry out the duties assigned to it by any law or
regulation:
  Provided that in respect of the selection committees mentioned
in paragraph ( c ), every such committee shall be composed as
follows:
(i) two members, selected from amongst the
persons specified in article 24(2)( b )   and   ( c );
(ii) two members, selected from amongst the
persons specified in article 24(2)( d ); and
(iii) one other member.
(2) For the avoidance of doubt, the duty of the Board to advise
the Minister on the terms and conditions of service and the transfer
and promotion of the government servants specified in the
Schedule shall not be deemed to affect their status and rights as
government servants nor the operation in relation to them of any
negotiating machinery which is established or may from time to
time be established for the consideration of matters affecting public
service.
(3) Where any matter which is within the competence of the
Board, comes before any body which is part of the negotiating
machinery mentioned in subarticle (2) for consideration, the advice
of the Board shall be sought in relation to any such matter.
            DEPARTMENT OF HEALTH (CONSTITUTION)   [ CAP. 94.              9
Power of Prime 
Minister to make 
regulations. 
Added by:
I. 1959.5. 
Amended by:
VII. 1959.3.
L.N. 4 of 1963;
L.N. 46 of 1965;
XXIII. 1968.6.
27. (1) The Prime Minister may make regulations in respect of
disciplinary proceedings against medical practitioners in
government service in their capacity as public officers and, without
prejudice to the generality of the foregoing power, such regulations
may provide for - 
( a ) the appointment of a committee to conduct an inquiry; 
( b ) the composition of any such committee, which shall
consist of at least two doctors, of whom one shall be
chosen from amongst the persons mentioned in article
24(2)( b ) and ( c ) and another one from amongst the
persons mentioned in subarticle (2)( d ) of that article;
( c ) the procedure to be adopted by the committee in the
inquiry;
( d ) the representation of the officer during the
proceedings;
( e ) the rules of evidence to be observed; and
( f ) the reference of the evidence and the findings of the
committee to the Board for their advice.
Cap. 9.
* (2) Any proceedings taken under any regulations made under
the foregoing subsection of this section shall be without prejudice
to any proceedings which may be taken against the person
concerned under the provisions of the Criminal Code or of any
other law, and any proceedings taken under any of such laws shall
be without prejudice to any proceedings taken under any
regulations as aforesaid.
(3) Any regulation made under subarticle (1) shall not be
revoked, varied or amended save with the prior approval of the
House of Representatives signified by Resolution.
Annual report.  
Added by:
I. 1959.5. 
Amended by: 
L.N. 4 of 1963.
28. (1) The Board may publish an annual report on its
proceedings.
(2) Such report may include a record of such advice given by
the Board to the Minister as in the opinion of the Board, after
consultation with the Minister, is of public interest.
*The reference to the Committees of Inquiry Act, 1948, has been omitted as this Act
has been repealed by Act XIX of 1977.
  10        CAP. 94. ]           DEPARTMENT OF HEALTH (CONSTITUTION)
Added by: 
XXIII. 1968.7.
PART VI 
P HARMACY  B OARD 
The Pharmacy 
Board. 
Added by:
XXIII. 1968.7.
Amended by:
XIV. 1969.14;
XLI. 1972.2; 
LVIII. 1974.68;
L.N. 148 of 1975;
LVII. 1975.4;
XXXVI. 1976.6;
VIII. 1983.6.
29. Repealed by: XII. 2003.52 .
Term of office. 
Added by: 
XXIII. 1968.7.
Amended by:
LVIII. 1974.68;
XXXVI. 1976.7;
VIII. 1983.7.
30. Repealed by: XII. 2003.52 .
Duties of 
Pharmacy Board. 
Added by:
XXIII. 1968.7.
Amended by: 
LVIII. 1974.68;
VIII. 1983.8.
31. Repealed by: XII. 2003.52 .
Added by: 
XIX. 1973.4.
PART VII
N URSING AND  M IDWIFERY  B OARD
Nursing and 
Midwifery Board.
Added by:
XIX. 1973.4.
Amended by:
LVIII. 1974.68;
L.N. 148 of 1975;
XXXVI. 1976.8;
VIII. 1983.9.
32. Repealed by: XII. 2003.52 .
Term of office.
Added by:
XIX. 1973.4.
Amended by:
LVIII. 1974.68;
XXXVI. 1976.9.
33. Repealed by: XII. 2003.52 .
Duties of Nursing 
and Midwifery 
Board.
Added by:
XIX. 1973.4.
Amended by:
LVIII. 1974.68.
34. Repealed by: XII. 2003.52 .
Added by: 
VIII. 1983.10.
PART VIII
B OARD FOR THE  P ROFESSIONS  S UPPLEMENTARY TO  M EDICINE
Board for the 
Professions 
Supplementary to 
Medicine.
Added by: 
VIII. 1983.10.
35. Repealed by: XII. 2003.52 .
            DEPARTMENT OF HEALTH (CONSTITUTION)   [ CAP. 94.             
Term of office. 
Added by:
VIII. 1983.10.
36. Repealed by: XII. 2003.52 .
Duties of the Board 
for the Professions 
Supplementary to 
Medicine. 
Added by: 
VIII. 1983.10.
37. Repealed by: XII. 2003.52 .
Added by: 
I. 1959.5.
PART IX
H OSPITAL  M ANAGEMENT  C OMMITTEES
St. Luke’s Hospital 
Management 
Committee. 
Added by:
I. 1959.5.
Amended by:
L.N. 46 of 1965;
XIV. 1969.15;
X. 1974.2; 
LVIII. 1974.68;
L.N. 148 of 1975;
XXXVI. 1976.10;
VIII. 1983.11.
38. (1) There shall be a Committee to be called Hospital
Management Committee in respect of Saint Luke’s Hospital,
hereinafter in this Part referred to as "the Hospital" which shall
exercise and perform the functions assigned to it by this Ordinance.
(2) The Committee shall consist of the following members:
( a ) a Chairman, who shall not be a medical practitioner,
appointed by the President of Malta;
( b ) a Principal Medical Officer or a Senior Medical
Officer to be appointed by the Minister and the
Medical Superintendent of St. Luke’s Hospital as  ex
officio  members;
( c ) four members appointed by the President of Malta of
whom one shall be appointed from among the
pharmacists, pharmacy technicians, nurses, midwives
and members of the professions supplementary to
medicine employed at the Hospital;
( d ) the Dean of the Faculty of Medicine and Surgery at the
University of Malta;
( e ) three members, elected by secret ballot by and from
the members of the consultant staff of the Hospital.
(3) The Committee may discuss, decide and in any manner act
notwithstanding any vacancy among its members.
Term of office. 
Added by:
I. 1959.5. 
Amended by: 
L.N. 46 of 1965;
LVIII. 1974.68;
XXXVI. 1976.11.
39. (1) The Chairman shall hold and vacate his office in
accordance with the terms of his appointment, but may at any time
resign his office by notice in writing to the President of Malta.
(2) The members elected under article 38(2)( e ) shall be so
elected for a term of three years.
(3) The members appointed under article 38(2)( b )   or   ( c ) shall
hold office for such period and on such terms and conditions as the
Minister or the President of Malta, as the case may be, may deem
appropriate, and who may at any time terminate any such
appointment.
(4) Any member appointed or elected, as the case may be,
under article 38(2)( c )   or   ( e ) may at any time resign his office by
notice in writing to the Chairman of the Committee.
(5) When a vacancy occurs in the composition of the
Committee, a new appointment shall be made or an election held,
  12        CAP. 94. ]           DEPARTMENT OF HEALTH (CONSTITUTION)
as the case may be, within a period of one month from the date of
such vacancy.
Secretary of Com-
mittee. 
Added by:
I. 1959.5.
40. The Chief Government Medical Officer, after consultation
with the Chairman of the Committee, shall appoint an officer of the
department to act as Secretary of the Committee.
Duties of 
Committee. 
Added by:
I. 1959.5. 
Amended by: 
V. 1959.6;
I. 1962.69; 
L.N. 4 of 1963;
L.N. 46 of 1965;
LVIII. 1974.68;
L.N. 148 of 1975;
XLIX. 1981.6.
41. (1) It shall be the duty of the Committee in accordance
with regulations made by the Minister and such directions as may
be given to the Committee from time to time by the Minister,
generally to manage the Hospital on behalf of the Government and
in particular -
( a ) to prepare for submission to the Government detailed
draft estimates of expenditure for the Hospital in
respect of the period beginning with such day as may
be appointed by the President of Malta and ending
with the 31st day of December next following and
each subsequent period of twelve months, each such
period being hereinafter referred to as a "financial
year";
Cap. 174.
( b ) to apply, in the best interests of the Hospital, such
monies as may be provided by the Government for the
administration of the Hospital out of the Consolidated
Revenue Fund in respect of any financial year and to
sanction payments within such provision; the
application of such monies and any payments made
therefrom shall be in accordance with the provisions of
the Financial Administration and Audit Act;
( c ) to be responsible to the Minister for the proper
performance of their respective duties by all members
of the staff of the Hospital and in the first instance to
consider any complaints regarding the work within the
Hospital of any member of the staff;
( d ) to maintain the premises forming part of or used in
connection within the Hospital;
( e ) to maintain the equipment, furniture and other
movable property required for the purposes of the
Hospital;
( f ) to provide to the Faculty of Medicine of the University
of Malta such facilities as may have been agreed upon
between the Minister and the Council of the University
as being required for clinical teaching and research.
(2) The Committee shall answer any inquiry and comply with
any request for production of documents which the Minister or any
officer delegated by him in that behalf may make regarding the
work of the Hospital.
Advice by 
consultant staff. 
Added by:
I. 1959.5.
42. It shall be the duty of the consultant staff of the Hospital to
advise the Committee on any matter relating to its duties under the
preceding section.
            DEPARTMENT OF HEALTH (CONSTITUTION)   [ CAP. 94.             
Appointment of 
Hospital 
Management 
Committees. 
Added by: 
I. 1959.5. 
Amended by: 
L.N. 46 of 1965;
LVIII. 1974.68.
43. (1) The President of Malta may by order appoint other
Hospital Management Committees to manage other government
hospitals or groups of hospitals.
(2) The members of any such Committee shall assume, hold
and vacate office in accordance with the terms of such order.
(3) The duties of the Committee shall be defined in the order
and shall not exceed those conferred on the Hospital Management
Committee by article 41(1).
Added by: 
I. 1959.5.
PART X 
G ENERAL  S ERVICES’  B OARD
General Services’ 
Board. 
Added by:
I. 1959.5.
Amended by:
XXVIII. 1961.7; 
II. 1964.2:
L.N. 46 of 1965;
XIV. 1969.16;
LVIII. 1974.68.
44. (1) There shall be a General Services’ Board consisting of
the Chief Government Medical Officer as Chairman, and of the
Director of Public Works or his representative, the two Principal
Medical Officers, a Senior Medical Officer to be appointed by the
Minister, the Senior Public Health Laboratory Officer, a
representative of the Chamber of Architects and Civil Engineers
and another person, not in the service of the Government,
appointed by the President of Malta.
(2) There shall be a Secretary to the General Services’ Board,
who shall be appointed by the President of Malta.
(3) When upon any occasion, the General Services’ Board
desires to obtain the advice of any person upon any particular
matter or matters, the Board may co-opt such person to be a
member for such meeting or meetings as may be required, and such
person, while so co-opted, shall have all the rights and privileges of
a member, save that he shall not be entitled to vote upon any
question.
Duties of the 
General Services’ 
Board. 
Added by:
I. 1959.5. 
Amended by:
XXIII. 1968.8;
XIX. 1973.5;
VIII. 1983.12. 
Cap. 31.
45. The duties of the General Services’ Board shall be to
discharge such functions as were prior to the 16th January, 1959
vested in the Medical Board by any law in force in Malta, save such
functions as are conferred on the Medical Council, the Advisory
and Executive Board, the Pharmacy Board, the Nursing and
Midwifery Board and the Board for the Professions Supplementary
to Medicine, by this Ordinance, the Medical and Kindred
Professions Ordinance and the regulations made under any of such
Ordinances.
  14        CAP. 94. ]           DEPARTMENT OF HEALTH (CONSTITUTION)
Added by: 
I. 1959.5.
PART XI 
G ENERAL
Transaction of 
business of 
Council etc.
Added by:
I. 1959.5. 
Amended by:
XXIII. 1968.9;
XIX. 1973.6; 
VIII. 1983.13.
46. Repealed by: XII. 2003.52 .
Legal status of 
Hospital 
Management 
Committees.
Added by:
I. 1959.5. 
Amended by: 
L.N. 4 of 1963.
47. A Hospital Management Committee appointed under this
Ordinance shall, notwithstanding that it is exercising functions on
behalf of the Minister, be entitled to enforce any rights acquired
and shall be liable in respect of any liabilities incurred in the
exercise of those functions in all respects as if the Committee were
acting as a principal, and all proceedings for the enforcement of
such rights and liabilities shall be brought by and against the
Committee.
Default powers of 
President of Malta. 
Added by:
I. 1959.5. 
Amended by: 
L.N. 46 of 1965;
XXIII. 1968.10;
XIX. 1973.7;
LVIII. 1974.68;
VIII. 1983.14;
X. 1984.2; 
XIII. 1986.2. 
Cap. 31.
48. Repealed by: XII. 2003.52 .
First elections, first 
appointments.
Added by: 
I. 1959.5. 
Amended by: 
LN. 46 of 1965;
XXIII. 1968.11;
XIX. 1973.8; 
LVIII. 1974.68;
VIII. 1983.13.
49. Repealed by: XII. 2003.52 .
PART XII 
S AVING  P ROVISIONS
Saving. 
Amended by:
I. 1959.6;
L.N. 46 of 1965;
XXIII. 1968.12;
XIV. 1969.19;
XIX. 1973.9;
LVIII. 1974.68;
VIII. 1983.15.
50. (1) The conditions of appointment and the duties of, as
well as the powers conferred on any of the officers mentioned in
the enactment repealed by this Ordinance, shall continue to be in
force until such time as the President of Malta shall otherwise
prescribe in accordance with the provisions of article 19.
(2) Any regulations in force prior to the commencement of this
Ordinance respecting the management, administration and good
order of any establishment hereby declared to form part of the
Department of Health shall continue to be in force until such time
as the President of Malta shall otherwise prescribe in accordance
with the provisions of article 19.
(3) Part III of this Ordinance shall be read subject to the
provisions of Parts IV, V, VI, VII, VIII and IX thereof.
            DEPARTMENT OF HEALTH (CONSTITUTION)   [ CAP. 94.             
Added by:
I. 1959.7. 
Amended by:
XXVIII. 1961.8;
XIX. 1973.10;
VIII.1983.16.
 SCHEDULE 
[Section 26]
Medical Practitioners 
Dental Surgeons
