PANTAI JERUDONG SPECIALIST CENTRE
REVISED EDITION 2021
B. L.R. 0. J12021
Pantai Jerudong Specialist Centre
CAP. 226 3
REVISED EDITION 2021
Loading…
The full official text, structured for quick navigation. Copy any section or jump straight to it.
Pantai Jerudong Specialist Centre Act is Brunei Act, cited as Act 226 2021, currently marked in force and first recorded in 2021.
Chapter
REVISED EDITION 2021
B. L.R. 0. J12021
Pantai Jerudong Specialist Centre
CAP. 226 3
REVISED EDITION 2021
Opening note
Part
Citation
This Act may be cited as Pantai Jerudong Specialist Centre Act.
Interpretation
In this Act, unless the context otherwise requires -
"Board" means the Board of Directors constituted under section 5;
"Chairman" means the Chairman of the Board appointed under section 5(2) and includes any temporary Chairman;
"Chief Executive Officer" means a Chief Executive Officer appointed under section 12(1) and includes any temporary Chief
Executive Officer of the Specialist Centre;
"committee" means a committee appointed under section 7(1);
"medical centre" means a medical centre referred to in section 3(2);
"member" means a member of the Board appointed under section 5(2);
"Minister" means the Minister responsible for the administration of this Act;
"Specialist Centre" means the Pantai Jerudong Specialist Centre established by section 3.
B.L.R.O. 3'2021
8
Pantai Jerudong Specialist Centre
Part
Establishment of Specialist Centre
There is hereby established a centre to be known as the Pantai
Jerudong Specialist Centre which shall be a body corporate with perpetual succession and a common seal and shall, by that name, be capable of -
acquiring, owning, holding, developing or disposing of property, both movable and immovable; and
The Specialist Centre shall comprise such medical centres as set out in Schedule I for the purposes of this Act.
Common seal
The Specialist Centre shall have a common seal and such seal may be altered or made anew as the Specialist Centre thinks fit.
All deeds and other documents requiring the seal of the Specialist
Centre shall be sealed with the common seal of the Specialist Centre.
All instruments to which the common seal is affixed shall be signed by any two members generally or specially authorised by the
Specialist Centre for that purpose.
The Specialist Centre may, by resolution or otherwise in writing, appoint an officer of the Specialist Centre or any other person either generally or in any particular case to execute or sign on behalf of the
Specialist Centre any agreement or other instrument not under seal in relation to any matter within the powers of the Specialist Centre.
All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Specialist Centre affixed to any document and shall presume that it was duly affixed.
Pantai Jerudong Specialist Centre
CAP. 226 9
Board of Directors
There shall be a Board of Directors of the Specialist Centre which shall be the executive body of the Specialist Centre which may exercise all the powers conferred on the Specialist Centre under this Act and shall be responsible for the formulation of the policies of the Specialist Centre, the supervision of the implementation and the general administration of the affairs and business of the Specialist Centre and all matters to which this Act relates.
The Board shall consist of a Chairman, a Deputy Chairman and such other members as His Majesty the Sultan and yang ~ i - ~ e r t u a n may appoint.
Schedule 2 shall have effect with respect to the Board, its members and proceedings.
Secretary
There shall be a secretary to the Board to be appointed by His
Majesty the Sultan and Yang Di-Pertuan.
The secretary shall hold office for such term and subject to such conditions as His Majesty the Sultan and Yang Di-Pertuan may determine.
Committees
The Board may, in its discretion, appoint committees consisting of persons who are members of the Board or otherwise, for purposes which, in the opinion of the Board, would. be better regulated and managed by such committees.
Subject to this Act and to the control of the Board, each committee may regulate its procedure in such manner as the committee thinks fit.
Delegation of powers
The Specialist Centre may, in respect of a specified matter or class of matter, by writing, delegate any of its powers to a member or committee of the Board or an officer of the Specialist Centre.
B.L. R.O. 1'2021
10
Pantai Jerudong Specialist Centre
Every member. committee or officer purporting to act pursuant to a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of that delegation.
No delegation under this section shall prevent the exercise of any power of the Specialist Centre.
Part
Functions of Specialist Centre
The functions of the Specialist Centre shall include -
to advise and make recommendations to the Government, either of its own motion or upon request made to it by the Minister, on all matters connected with the promotion of good health and healthy lifestyles amongst the people of Brunei Darussalam including the formulation of policies, for or related to the prevention, detection and treatment of diseases;
to devise, organise and implement programmes and other activities connected with the promotion and public awareness of good health and healthy lifestyles amongst the people of Brunei Darussalam, for or related to the prevention, detection and treatment of diseases;
to initiate and undertake research and development projects for or related to the prevention, detection and treatment of diseases;
(4 to establish and maintain medical centres for the provision of treatment of diseases;
to provide medical examination and treatment to patients including technical, advisory, consultancy and referral services;
to exercise or perform any function or duty conferred upon the Board under any written law.
In addition to the functions imposed by this section, the Specialist
Centre may undertake such other functions as the Minister may assign to the
Specialist Centre, and in doing so -
Pantai Jerudong Specialist Centre
CAP. 226 1 1
the provisions of this Act apply to the Specialist Centre in respect of such functions.
Nothing in this section shall be construed as imposing on the
Specialist Centre, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.
Powers of Specialist Centre
Subject to this Act, the Specialist Centre may carry on such activities as appear to the Specialist Centre to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions under this Act and in particular, the Specialist Centre may exercise any of the following powers -
enter into such contracts as may be necessary or expedient for the purpose of discharging its functions;
with the approval of the Minister, acquire and hold such movable or immovable property as may be necessary or expedient for carrying into effect the provisions of this Act and for the same purposes may sell, lease, mortgage, or otherwise alienate or dispose of any property so acquired;
collect, analyse, compile, publish or disseminate information of a statistical nature relating to -
the health status of the people of Brunei Darussalam; or
such other subject matter as may be necessary for the discharge of the functions of the Specialist Centre;
provide technical, consultancy or advisory services to any person in Brunei Darussalam or elsewhere on any matter related to or connected with the functions of the Specialist Centre;
become a member or affiliate of any international body the functions, objects or duties of which are similar to those of the
Specialist Centre;
LAWS OF BRLIN El 12
Pantai Jerudong Specialist Centre
charge fees or commissions for services rendered by the
Specialist Centre or medical centres or for the use of any of its facilities;
give to any person such directions, not inconsistent with the provision of this Act as to the discharge of its functions and exercise of its powers;
to do all such things as may be necessary, incidental or conducive to the attainment of all or any of its functions and powers.
Directions by Minister
The Minister may give to the Specialist Centre such directions, not inconsistent with the provision of this Act, as he thinks fit, as to the discharge of its functions and exercise of its powers and the Specialist Centre shall give effect to any such directions.
Part
Appointment of Chief Executive Officer
The Board shall, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, appoint a Chief Executive Officer for such term of ofice and on such conditions of service as the Board may determine.
The Chief Executive Officer shall be responsible for -
the proper administration and management of the functions and affairs of the Specialist Centre in accordance with the policy of the
Specialist Centre;
any programme organised by the medical centres in accordance with the policy of the Specialist Centre;
the overall discipline of the officers and employees of the medical centres, and for those purposes the Chief Executive OfFicer shall, subject to the provisions of this Act, have all such powers as are necessary or advantageous and proper.
Pantai Jerudong Specialist Centre
CAP. 226 13
The Board may appoint any person to be a temporary Chief
Executive Officer during the temporary absence from Brunei Darussalam of the Chief Executive Officer or during the temporary inability to perform his duties.
Employment of staff
The Specialist Centre may appoint and employ for such terms of office and on such conditions of service as the Specialist Centre may determine such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.
Protection from personal liability
No suit or other legal proceedings shall lie against any member, officer or employee of the Specialist Centre or any other person acting under the direction of the Specialist Centre which is done in good faith or intended to be done in execution or purported execution of this Act.
Public servants
All members, officers and employees of the Specialist Centre are deemed to be public servants for the purposes of the Penal Code
(Chapter 22).
Part
Funds of Specialist Centre
The funds of the Specialist Centre shall consist of -
all fees, charges, commissions, rents, interests, dividends and other income accruing to the Specialist Centre;
14
Pantai Jerudong Specialist Centre
all moneys borrowed by the Specialist Centre under this Act;
03 all moneys recovered or collected by the Specialist Centre or any officer or employee thereof under this Act; and
(@
all moneys lawfully received by the Specialist Centre for the purposes of the Specialist Centre.
Application of funds
The funds of the Specialist Centre shall be applied only in payment or discharge of the expenses, obligations and liabilities of the Specialist Centre and in making any payment that the Specialist Centre is authorised or required to make.
Grants-in-aid
The Minister of Finance and Economy shall cause to be paid to the
Specialist Centre such moneys as may be approved by the Government as grants-in-aid to the Specialist Centre.
All moneys provided for under subsection (1) may be applied or expended by the Specialist Centre for all or any of the purposes of the
Specialist Centre.
Power to accept gifts
The Specialist Centre may accept by way of grant, gift, testamentary disposition or otherwise, property and moneys in aid of the finances of the Specialist Centre on such conditions as it may determine.
The Specialist Centre shall keep a register of all donations to the
Specialist Centre, including the names of donors and any special conditions on which any donation may have been given.
Any property, moneys or funds donated for any specific purposes shall be applied and administered in accordance with the purposes for which they have been donated and shall be separately accounted for.
Power to borrow and invest
For the discharge of its functions under this Act, the Specialist
Centre may raise loans from the Government or, with the approval of the
Minister who shall consult the Minister of Finance and Economy, raise loans
Pantai Jerudong Specialist Centre
CAP. 226 15
from banks or other financial institutions (whether in Brunei Darussalam or elsewhere) by -
charge, whether legal or equitable, on any property vested in the Specialist Centre or on any other revenue receivable by the
Specialist Centre under this Act; and
Subject to the approval of the Minister who shall consult the
Minister of Finance and Economy, the Specialist Centre may invest its funds in such manner as the Minister thinks fit.
Annual report
The Specialist Centre shall, as soon as practicable after the end of each financial year, submit to the Minister an annual report on the activities of the
Specialist Centre during the preceding financial year, and the Minister shall cause a copy of every such annual report to be presented to His Majesty the
Sultan and Yang Di-Pertuan.
Other financial provisions
The financial provisions set out in Schedule 3 shall have effect with respect to the Specialist Centre.
Part
Validity of act and transactions of Specialist Centre
The validity of an act or transaction of the Specialist Centre shall not be called in question in any court on the ground that any provision of this Act has not been complied with.
Preservation of secrecy 24.
Except for the purpose of the performance of his duties or the exercise of his functions or when lawfilly required to do so by any court or
B.L. R.O. 3/202/
16
Pantai Jerudong Specialist Centre under the provisions of any written law, no person who is or has been a member, an officer, an employee, a consultant or an agent of the Specialist
Centre or a member of a committee of the Specialist Centre, shall disclose any information relating to the affairs of the Specialist Centre or of any other person which has been obtained by him in the performance of his duties or the exercise of his functions.
Any person who contravenes subsection (I) is guilty of an offence and liable on conviction to a fine not exceeding $2,000. imprisonment for a term not exceeding 12 months or both.
Amendment of Schedule 1
The Minister may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, by order published in the Gazette, amend Schedule 1.
Regulations
The Minister may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, make such regulations as may be necessary or expedient for giving effect to and carrying out the provisions of this Act and for the due administration thereof. including the prescription of fees and of any other thing required to be or which may be prescribed under this Act.
Pantai Jerudong Specialist Centre
CAP. 226 17
SCHEDULE 1
(sections 3(2) and 25)
MEDICAL CENTRES
1.
Brunei Neuroscience. Stroke and Rehabilitation Centre 2.
Maxillofacial, Facial Plastic and Reconstructive Surgery Centre 3.
The Brunei Cancer Centre.
B.L.R.O. 3'2021
18
Pantai Jerudong Specialist Centre
SCHEDULE 2
(section 5(3))
CONSTITUTION AND PROCEEDINGS OF BOARD
Term and condition of office 1.
Members shall hold ofice for such term and on such conditions of service as His Majesty the Sultan and Yang Di-Pertuan may determine.
If at any time it appears to His Majesty the Sultan and Yang Di-Pertuan that removal from ofice of all or any of the members of the Board is necessary in the interests of the effective and economical performance of the functions of the Specialist
Centre under this Act, or in the public interest. His Majesty the Sultan and Yang
Di-Pertuan may remove from ofice all or so many of those members of the Board as His
Majesty the Sultan and Yang Di-Pertuan considers necessary in such interests.
Quorum 2.
The Board shall ordinarily meet for the dispatch of business at such times and places as the Chairman may appoint.
At every meeting of the Board, three members shall form a quorum.
A decision at a meeting of the Board shall be adopted by a simple majority of the members present and voting except that. in the case of an equality of votes, the
Chairman of the meeting shall have a casting vote.
The Board may invite any person, not being a member, to attend a meeting of the Board for the purpose of giving advice to the Board on any matter.
Conduct of business 3.
The Board may conduct its business and regulate its own procedure, including its meetings, in the way it considers appropriate.
The Board shall cause proper records of its proceedings to be kept.
All acts done by the Board shall, notwithstanding any vacancy in the Board or that is afterwards discovered that there was a defect in the appointment of any person purporting to be a member thereof, be valid as if no such vacancy or defect had existed.
Disclosure of interest of members 4.
A member who is in any way, directly or indirectly, interested in a transaction or project of the Specialist Centre shall disclose the nature of his interest at a meeting of the Board.
Pantai Jerudong Specialist Centre
CAP. 226 19
The disclosure by a member of his interest shall be recorded in the minutes of the Board and that member shall not take part in any deliberation of the Board with respect to the transaction or project, and if the Chairman or the person presiding at that meeting so directs, he shall withdraw from the meeting during the consideration or discussion.
For the purpose of determining whether there is a quorum, a member shall be treated as being present at a meeting notwithstanding that under sub-paragraph (2) he cannot vote or has withdrawn from the meeting.
•
For the purposes of this paragraph. an interest of any spouse, parent. son or adopted son. or daughter or adopted daughter. of a member shall be treated as an interest of the member.
Temporary Chairman 5.
The Chairman may appoint any member to be a temporary Chairman during the temporary absence from Brunei Darussalam of the Chairman or during the temporary inability to perform his duties.
Resignation 6.
A member may resign his ofice at any time by giving notice in writing to that effect addressed to the Chairman, and shall cease to be a member on the date to be determined by the Chairman.
Disqualification from membership 7.
No person shall be eligible to be appointed or to remain a member if he -
is an undischarged bankrupt or has made any arrangement with his creditors;
is incapacitated by physical or mental illness; or
is otherwise unable or unfit to discharge the functions of a member.
Vacation of oflice 8.
The seat of a member of the Board shall become vacant -
on his death;
if he becomes in any manner disqualified for membership of the
Board;
(c)
if he resigns his seat; or
if he is removed from office by virtue of paragraph l(2).
B. L.R.O. 3 2021
LAWS OF BRUNEl 20
Pantai Jerudong Specialist Centre
Filling of vacancies 9.
If a vacancy occurs in the membership of the Board. His Majesty the Sultan and
Yang Di-Pertuan may appoint any person to fill the vacancy and the person so appointed shall hold office for so long as the member in whose place he is appointed would have held office.
Salaries, fees and allowances payable to members and secretary 10.
There shall be paid to the members and the secretary to the Board, out of the funds of the Specialist Centre. such salaries, fees and allowances as the Minister may determine.
Pantai Jerudong Specialist Centre
CAP. 226 21
SCHEDULE 3
(section 22)
FINANCIAL PROVlSlONS
Financial year
I.
The financial year of the Specialist Centre shall begin on 1 st April of each year and end on 3 I st March of the succeeding year, except that the first financial year of the
Specialist Centre shall begin on 5th December 201 2 and end on 3 I st March 2013.
Budget 2.
The Specialist Centre shall prepare its annual budget, which shall be approved by the Board.
There shall be reported in the annual budget all revenue and income projected to be generated by the Specialist Centre or granted to the Specialist Centre from any source together with projected expenditures, including depreciation and provisions for losses.
The Specialist Centre shall then cause a copy of the approved budget to be transmitted to the Minister of Finance and Economy not later than 60 days before the commencement of the new financial year.
The Minister of Finance and Economy shall submit a copy of the approved budget, together with his recommendation to His Majesty the Sultan and Yang Di-Pertuan, for approval.
Accounts and financial statements 3.
The Specialist Centre shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Specialist Centre and over the expenditure incurred by it.
The Specialist Centre shall, as soon as practicable after the close of each financial year, cause financial statements in respect of that year to be prepared and submitted to the auditor of the Specialist Centre.
Audit 4.
The accounts and financial statements of the Specialist Centre shall be audited annually by -
the Auditor General; or
B. L. R.O. 3'2021
22
Pantai Jerudong Specialist Centre
(b)
any person who has been authorised to perform the duties required by the Companies Act (Chapter 39) to be performed by an auditor, who shall be appointed annually by the Specialist Centre:
Provided that where the accounts of the Specialist Centre have been audited by a person appointed under sub-paragraph (b), they may be verified by the Auditor General before they are presented to the Minister of Finance and Economy pursuant to paragraph 6( 1 ).
The auditor shall in his report state -
whether the financial statements show fairly the financial transactions and the state of affairs of the Specialist Centre;
(b)
whether proper accounting and other records have been kept, including records of all assets of the Specialist Centre whether purchased, donated or otherwise;
whether receipts, expenditure and investment of moneys and the acquisition and disposal of assets by the Specialist Centre during the financial year were in accordance with the provisions of this Act; and
such other matter arising from the audit as he considers necessary.
Powers of auditor 5.
The auditor or any person authorised by him shall be entitled at all reasonable time to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Specialist Centre.
The auditor or a person authorised by him may make copies of, or make extracts from, any such accounting and other records.
The auditor or any person authorised by him may require any person to furnish him with such information which that person possesses or has access to as the auditor or any duly authorised person considers necessary for the purposes of the functions of the auditor under this Act.
Any person who refuses or fails without any reasonable cause to allow the auditor access to any accounting and other records of the Specialist Centre in his custody or power or to give any information possessed by him as and when required or who otherwise hinders, obstructs or delays the auditor in the performance of his duties or the exercise of his powers under this Act is guilty of an offence and liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $1 00 for every day or part thereof during which the offence continues after conviction.
Pantai Jerudong Specialist Centre
CAP. 226 23
a
Presentation of financial statements and audited reports 6.
As soon as the accounts of the Specialist Centre and the financial statements have been audited in accordance with this Act and in any case not later than 6 months after the end of the financial year. a copy of the audited accounts and financial statements, together with a copy of the report made by the auditor. shall be presented to the Minister of Finance and Economy.
Where the Auditor General is not appointed to be the auditor, a copy of the audited accounts and financial statements and any report made by the auditor shall be forwarded to the Auditor General at the same time as they are submitted to the
Specialist Centre.
The Minister shall cause a copy of the audited accounts and financial statements and of the auditor's report to be presented to His Majesty the Sultan and
Yang Di-Pertuan.
B. L.R.O. 3,2021
If one provision's text doesn't match the official source, use Suggest a fix beside that provision — it opens an editor next to the source document. For anything else — a missing amendment, a broken link, out-of-date content, or a removal request — report it here.