Ghana Act or statute

Parliament of Ghana

National Ambulance Service Act, 2020 (Act 1041)

This section establishes the National Ambulance Service as a body corporate and gives it permission to handle property and contracts for its functions. The Service includes people employed by the…

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Jurisdiction: Ghana
Structure: 38 provisions
Citation: Act 1041
Dates: Undated source snapshot

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“This section establishes the National Ambulance Service as a body corporate and gives it permission to handle property and contracts for its functions.”

This section establishes the National Ambulance Service as a body corporate and gives it permission to handle property and contracts for its functions. The Service includes people employed by the Service and other people employed for it. The Service’s object is to provide for the effective administration and management of emergency care services nationwide. The Service must carry out ambulance and emergency care functions, including 24-hour access, staff training, collaboration with agencies, setting charges with approval, and managing its assets. The Service is governed by a Board made up of specified members, and the President appoints the chairperson and other members.

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Establishment of the National Ambulance Service

This section establishes the National Ambulance Service as a body corporate and gives it permission to handle property and contracts for its functions.

Section 1

Establishment of committees

The Board may create committees, must establish the National Ambulance Technical Advisory Committee, and may direct how committees carry out their tasks and meetings.

Section 10

Deputy Chief Executive Officers

The President must appoint two Deputy Chief Executive Officers for the Service, and each Deputy Chief Executive Officer must serve on the terms in the appointment letter.

Section 20

Accounts and audit

The Board must keep accounting records in the form approved by the Auditor-General and submit the Service’s accounts for audit at the end of each financial year. The Auditor-General must audit the accounts within six months after the pr…

Section 29

Transitional provisions SCHEDULES FIRST SCHEDULE Ambulance Services SECOND SCHEDULE Official Seal and Emblem of the National Ambulance Service

This section transfers certain pre-commencement ambulance-service money and assets to the Service, continues existing contracts, and treats existing Service employees as employed by the new Service on the same post terms.

Section 38

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Showing 38 of 38 provisions

Provision 31Offence 5InterpretationCommencement

§ 1Establishment of the National Ambulance ServiceProvision

This section establishes the National Ambulance Service as a body corporate and gives it permission to handle property and contracts for its functions.

Section 1—Establishment of the National Ambulance Service (1) There is established by this Act the National Ambulance Service as a body corporate. (2) For the performance of the functions of the Service, the Service may acquire and hold property, dispose of property and enter into a contract or any other related transaction. (3) Where there is hindrance to the acquisition of land, the land may be acquired for the Service under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Service.

Section 1Verify source

§ 2Membership of the ServiceProvision

The Service includes people employed by the Service and other people employed for it.

Section 2—Membership of the Service The Service consists of— (a) persons in the employment of the Service; and (b) any other persons employed for the Service.

Section 2Verify source

§ 3Object of the ServiceProvision

The Service’s object is to provide for the effective administration and management of emergency care services nationwide.

Section 3—Object of the Service The object of the Service is to provide for the effective administration and management of emergency care services nationwide. 4

Section 3Verify source

§ 4Functions of the Service Governance of the ServiceProvision

The Service must carry out ambulance and emergency care functions, including 24-hour access, staff training, collaboration with agencies, setting charges with approval, and managing its assets.

Section 4—Functions of the Service For the purpose of achieving the object under section 3, the Service shall— (a) establish a mechanism for the provision of ambulance services in the country; (b) ensure the provision of a twenty-four hour access to ambulance services; (c) ensure the provision of timely emergency care services for persons involved in accidents, disasters and any other emergencies: (d) establish mechanisms for the training of staff and other personnel to enable the staff or personnel obtain the requisite skills and competence for providing emergency care services; (e) collaborate with the relevant agencies— (i) involved in providing emergency care services for purposes of national disaster planning; and (ii) to co-ordinate volunteer first aid groups in the event of major emergencies and disasters; (f) with the approval of the Minister for Finance, given in consultation with the Minister determine charges for services rendered by the Service; (g) adopt internationally accepted norms, standards and quality management systems to cover the areas of work of the Service; (h) advise the Minister on matters relevant to the object of the Service; (i) manage the assets of the Service to ensure the effective and efficient use of the assets; (j) in collaboration with other agencies determined by the Board, ensure emergency care services, recruitment and training of emergency medical technicians, paramedics and other support staff to man ambulance stations across the country; and (k) perform any other function that is ancillary to the object of the Service. Governance of the Service

Section 4Verify source

§ 5Governing body of the ServiceProvision

The Service is governed by a Board made up of specified members, and the President appoints the chairperson and other members.

Section 5—Governing body of the Service (1) The governing body of the Service is a Board consisting of (a) a chairperson with experience in management and administration; (b) one representative of the Ministry responsible for Health not below the rank of a Director who has skills and competence in emergency related services, nominated by the Minister; (c) one representative of the following institutions with background in emergency care services: (i) the Ghana National Fire Service not below the rank of a Deputy Chief Fire Officer, nominated by the Chief Fire Officer; (ii) the Ministry of Local Government and Rural Development not below the rank of a Director, nominated by the Minister responsible for Local Government and Rural Development; 5 (iii) the Police Service not below the rank of a Deputy Commissioner of Police, nominated by the Inspector-General of Police; and (iv) the Ghana Armed Forces not below the rank of a Colonel, nominated by the Chief of Defence Staff, Ghana Armed Forces; (d) one emergency medical technician in the Service, nominated by the Service; (e) one representative of the Faculty of Emergency Medicine of the Ghana College of Physicians and Surgeons not below the rank of a Fellow nominated by the Minister; (f) the Chief Executive Officer of the Service; (g) one representative of the National Disaster Management Organisation not below the rank of a Director, nominated by the Director-General; (h) one representative of the Ghana Red Cross Society not below the rank of a Director or the equivalent, nominated by the President of the Ghana Red Cross Society; and (i) two other persons, one of whom is a woman, nominated by the Minister. (2) The President shall, in accordance with article 70 of the Constitution, appoint the chairperson and other members of the Board. (3) The Board shall ensure the effective and efficient performance of the functions of the Service.

Section 5Verify source

§ 6Duties and liabilities of a member of the BoardOffence

A Board member must act loyally, in good faith, honestly, with care and diligence, avoid improper use of information, and not abuse the office; breaches can lead to criminal penalties.

Section 6—Duties and liabilities of a member of the Board (1) A member of the Board has the same fiduciary relationship with the Service and the same duty to act with loyalty and in good faith as a director of a company incorporated under the Companies Act, 2019 (Act 992). (2) Without limiting subsection (1), a member of the Board has a duty (a) to act honestly in the performance of the functions of that member; (b) to exercise the degree of care and diligence in the performance of the functions of that member; (c) to avoid making improper use of information acquired by virtue of the position of that member so as to benefit that member or be detrimental to the Service; and (d) not to abuse the position of the office. (3) A member of the Board who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than three thousand penalty units and not more than six thousand penalty units or a term of imprisonment of not less than five years and not more than ten years or to both. (4) Where a court determines that the Service has suffered loss or damage as a consequence of the act or omission of a member of the Board, the court may, in addition to imposing a fine, order the person convicted to pay appropriate compensation to the Service.

Section 6Verify source

§ 7Tenure of office of members of the BoardProvision

Board members serve for four years, may be reappointed once, may resign in writing, and vacancies can be filled by presidential appointment.

Section 7—Tenure of office of members of the Board 6 (1) A member of the Board shall hold office for a term of four years and is eligible for re- appointment for another term only. (2) Subsection (1) Joes not apply to the Chief Executive Officer and a person who is a member of the Board by reason of the office of that person. (3) A member of the Board may, at any time, resign from office in writing addressed to the President through the Minister. (4) A member of the Board, other than the Chief Executive Officer, who is absent from three consecutive meetings of the Board without sufficient cause ceases to be a member of the Board. (5) The President may, by a letter addressed to a member, revoke the appointment of the member. (6) Where a member of the Board is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability of the member to act would result in a declaration of a vacancy. (7) Where there is a vacancy (a) under subsection (3), (4) or (5) or subsection (2) of section 9, (b) as a result of a declaration under subsection (6), or (c) by reason of the death of a member, the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy for the unexpired term.

Section 7Verify source

§ 8Meetings of the BoardProvision

This section sets the Board’s meeting rules, quorum, voting, chairing, and procedure.

Section 8—Meetings of the Board (1) The Board shall meet at least once every three months for the conduct of business at a time and place determined by the chairperson. (2) The quorum at a meeting of the Board is seven members. (3) The chairperson shall, at the request in writing of not less than one-third of the membership of the Board, convene an extraordinary meeting of the Board at a time and place determined by the chairperson. (4) The chairperson shall preside at the meetings of the Board, and in the absence of the chairperson, a member of the Board elected by the members present from among their number shall preside. (5) A matter before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Board may co-opt a person to attend a meeting of the Board but that person shall not vote on a matter for a decision at the meeting. (7) The proceedings of the Board shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member. 7 (8) The Board shall, subject to this section, determine the procedure for the meetings of the Board.

Section 8Verify source

§ 9Disclosure of interestProvision

Board members with an interest in a matter must disclose it in writing and must not take part in the Board’s deliberations on that matter.

Section 9—Disclosure of interest (1) A member of the Board who has an interest in a matter for consideration (a) shall disclose, in writing, the nature of that interest and the disclosure shall form part of the record of the consideration of the matter; and (b) is disqualified from being present at, or participating in, the deliberations of the Board in respect of that matter. (2) A memeber[sic] ceases to be a member of the Board, if that member has an interest in a matter before the Board and (a) fails to disclose that interest, or (b) is present at, or participates in, the deliberations of the Board in respect of that matter. (3) Without limiting any further cause of action that may be instituted against a member, the Board shall recover any benefit derived by a member who contravenes subsection (1) in addition to the revocation of the appointment of the member. (4) A member of the Board who fails to disclose an interest in a matter for consideration by the Board is liable to pay compensation to the Service for any loss incurred.

Section 9Verify source

§ 10Establishment of committeesProvision

The Board may create committees, must establish the National Ambulance Technical Advisory Committee, and may direct how committees carry out their tasks and meetings.

Section 10—Establishment of committees (1) The Board may establish committees consisting of members of the Board or non- members of the Board or both, to perform a function of the Board. (2) Section 9 applies to a member of a committee of the Board. (3) A committee of the Board may be chaired by a member of the Board and the Board may direct the manner in which a committee may carry out its task and the period for the meetings of the committee. (4) The Board shall establish the National Ambulance Technical Advisory Committee. (5) A committee shall regulate the procedure for the meetings of the committee.

Section 10Verify source

§ 11AllowancesProvision

Board members and committee members are entitled to allowances approved by the Minister, acting in consultation with the Minister responsible for Finance.

Section 11—Allowances A member of the Board and a member of a committee of the Board shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance.

Section 11Verify source

§ 12Policy directives National Ambulance Service Technical Advisory CommitteeProvision

The Minister may issue policy directives to the Board, and the Board must comply.

Section 12—Policy directives The Minister may give directives on matters of policy to the Board and the Board shall comply. National Ambulance Service Technical Advisory Committee

Section 12Verify source

§ 13Establishment of National Ambulance Service Technical Advisory CommitteeProvision

The Board must establish the National Ambulance Service Technical Advisory Committee.

Section 13—Establishment of National Ambulance Service Technical Advisory Committee The Board shall establish the National Ambulance Service Technical Advisory Committee. 8

Section 13Verify source

§ 14Membership of the National Ambulance Service Technical Advisory CommitteeProvision

This section sets the membership of the National Ambulance Service Technical Advisory Committee and requires the Board to appoint its members and the Chief Executive Officer to designate its secretary.

Section 14—Membership of the National Ambulance Service Technical Advisory Committee (1) The members of the National Ambulance Service Technical Advisory Committee comprise (a) a member of the Board, who shall be the chairperson; (b) the Chief Executive Officer; (c) a medical educator, nominated by the Minister; (d) a public health specialist nominated by the Minister; (e) an Emergency Medical Technician, nominated by the Minister; (f) an emergency physician, nominated by the Medical and Dental Council; (g) an emergency nurse, nominated by the Nursing and Midwifery Council; (h) a representative of the National Disaster Management Organisation, not below the rank of a Director, nominated by the Director-General; (i) one representative of the Police Service, not below the rank of Assistant Commissioner of Police, nominated by the Inspector-General of Police; (j) one representative of the Ghana Armed Forces, not below the rank of Lt. Colonel, nominated by the Chief of Defence Staff, Ghana Armed Forces; and; (k) one representative of the Ghana National Fire Service, not below the rank of Assistant Chief Fire Officer, nominated by the Chief Fire Officer. (2) The members of the National Ambulance Service Technical Advisory Committee shall be appointed by the Board. (3) The Chief Executive Officer shall designate an officer of the Service as secretary to the National Ambulance Service Technical Advisory Committee.

Section 14Verify source

§ 15Functions of the National Ambulance Service Technical Advisory CommitteeProvision

The Committee must advise the Board, recommend training for Service staff and personnel, and provide technical guidance on timely emergency care services.

Section 15—Functions of the National Ambulance Service Technical Advisory Committee (1) The National Ambulance Service Technical Advisory Committee shall (a) advise the Board on technical matters relating to the functions of the Service; (b) make recommendations for the training of staff and other personnel of the Service; and (c) provide technical guidance on the provision of timely emergency care services. Tenure of office of members of the National Ambulance Service

Section 15Verify source

§ 16Tenure of office of members of the National Ambulance Service Technical Advisory CommitteeProvision

Members serve four-year terms, may resign in writing, can lose membership after three unexplained missed meetings, and the Board can revoke appointments and fill vacancies.

Section 16—Technical Advisory Committee (1) A member of the National Ambulance Service Technical Advisory Committee shall hold office for a term of four years and is eligible for re-appointment for another term only. (2) Subsection (1) does not apply to a person who is a member of the National Ambulance Service Technical Advisory Committee by reason of the office of that person. 9 (3) A member of the National Ambulance Service Technical Advisory Committee may, at any time, resign from office in writing addressed to the Board. (4) A member of the National Ambulance Service Technical Advisory Committee who is absent from three consecutive meetings of the National Ambulance Service Technical Advisory Committee without sufficient cause ceases to be a member of the National Ambulance Service Technical Advisory Committee. (5) The Board may, by a letter addressed to a member, revoke the appointment of the member. (6) Where a member of the National Ambulance Service Technical Advisory Committee is, for a sufficient reason, unable to act as a member, the Board shall determine whether the inability may result in the declaration of a vacancy. (7) Where there is a vacancy (a) under subsection (3) or (4) or subsection (2) of section 9; (b) as a result of a declaration under subsection (6); or (c) by reason of the death of a member, the Board shall appoint a person to fill the vacancy for the unexpired term.

Section 16Verify source

§ 17Meetings of the National Ambulance Service Technical Advisory Committee Administrative ProvisionsProvision

The committee must meet at least every three months, and the chairperson controls meeting timing and presides, with a fallback presiding member if the chairperson is absent.

Section 17—Meetings of the National Ambulance Service Technical Advisory Committee (1) The members of the National Ambulance Service Technical Advisory Committee shall meet at least once every three months for the conduct of business at a time and in a place determined by the chairperson. (2) The chairperson shall, at the requst[sic] in writing of not less than one-third of the membership of the National Ambulance Service Technical Advisory Committee, convene an extraordinary meeting of the National Ambulance Service Technical Advisory Committee at a time and place determined by the chairperson. (3) The quorum at a meeting of the National Ambulance Service Technical Advisory Committee is five members. (4) The chairperson shall preside at meetings of the National Ambulance Service Technical Advisory Committee and in the absence of the chairperson, a member of the National Ambulance Service Technical Advisory Committee, other than the Chief Executive Officer, elected by the members present from among their number shall preside. (5) Matters before the National Ambulance Service Technical Advisory Committee shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The National Ambulance Service Technical Advisory Committee may co-opt a person to attend a meeting of the National Ambulance Service Technical Advisory Committee but that person shall not vote on a matter for decision at the meeting. 10 (7) The validity of proceedings of the National Ambulance Service Technical Advisory Committee shall not be affected by a vacancy among the members or by a defect in the appointment or qualification of a member. (8) Subject to this section, the National Ambulance Service Technical Advisory Committee shall determine the procedure for the meetings of the National Ambulance Service Technical Advisory Committee. Administrative Provisions

Section 17Verify source

§ 18Appointment of Chief Executive OfficerProvision

The President must appoint a qualified person as Chief Executive Officer of the Service, and the CEO holds office on the terms stated in the appointment letter.

Section 18—Appointment of Chief Executive Officer (1) The President shall, in accordance with article 195 of the Constitution, appoint a person with considerable knowledge and experience in emergency care services as the Chief Executive Officer of the Service. (2) A Chief Executive Officer shall hold office on the terms and conditions specified in the letter of appointment.

Section 18Verify source

§ 19Functions of Chief Executive OfficerProvision

The Chief Executive Officer is responsible for day-to-day administration of the Service and for carrying out the Board’s policies and decisions. The CEO may delegate a function to a senior officer, but remains ultimately responsible.

Section 19—Functions of Chief Executive Officer (1) A Chief Executive Officer is responsible for the (a) day-to-day administration of the Service; and (b) execution of the policies and decisions of the Board. (2) The Chief Executive Officer may delegate a function to a senior officer of the Service but shall not be relieved of the ultimate responsibility for the performance of the delegated function.

Section 19Verify source

§ 20Deputy Chief Executive OfficersProvision

The President must appoint two Deputy Chief Executive Officers for the Service, and each Deputy Chief Executive Officer must serve on the terms in the appointment letter.

Section 20—Deputy Chief Executive Officers (1) The President shall, in accordance with article 195 of the Constitution, appoint two Deputy Chief Executive Officers for the Service; one in charge of Operations and the other in charge of General Services. (2) A Deputy Chief Executive Officer shall hold office on the terms and conditions specified in the letter of appointment. (3) A Deputy Chief Executive Officer shall (a) assist the Chief Executive Officer in the performance of the functions of the Chief Executive Officer, and (b) perform such other functions that may be assigned by the Chief Executive Officer. (4) A Deputy Chief Executive Officer is responsible to the Chief Executive Officer in the performance of functions under this Act. (5) The senior Deputy Chief Executive officer shall act in the absence of the Chief Executive Officer.

Section 20Verify source

§ 21Appointment of other staff of the ServiceProvision

The President must appoint other staff and employees needed for the Service’s effective and efficient performance, in line with article 195 of the Constitution.

Section 21—Appointment of other staff of the Service 11 (1) The President shall, in accordance with article 195 of the Constitution, appoint other staff and employees that are necessary for effective and efficient performance of the functions of the Service.

Section 21Verify source

§ 22Secretary to the BoardProvision

The Chief Executive Officer must appoint an officer of the Service as Secretary to the Board. The Secretary to the Board must arrange Board meetings, keep their records, and hold the Service’s records and documents for inspection under Board directions.

Section 22—Secretary to the Board (1) The Chief Executive Officer shall designate an officer of the Service as Secretary to the Board. (2) The Secretary to the Board is responsible for arranging the business for the meetings of the Board and keeping the records of the meetings of the Board. (3) The Secretary to the Board shall have custody of all records and other documents belonging or presented to the Service which shall be open for inspection under such arrangements as may be directed by the Board.

Section 22Verify source

§ 23Divisions and units of the Service 2Provision

The Board may establish Service divisions and units with the Minister’s approval, and it must set up the listed headquarters divisions.

Section 23—Divisions and units of the Service (1) The Board may, with the approval of the Minister, establish divisions and units within the Service that the Board considers necessary for the effective and efficient performance of the functions of the Service. (2) Without limiting subsection (1), the Board shall establish the following divisions at the headquarters: (a) Operations Division; (b) Finance Division; (c) Procurement and Supplies Division; (d) Human Resource Management and Administration Division; and (e) Policy, Planning, Monitoring and Evaluation Division.

Section 23Verify source

§ 24Regional and district offices of the ServiceProvision

The Service may have regional and district offices, and those offices must be headed by a Regional Director or District Director as applicable.

Section 24—Regional and district offices of the Service (1) The Service may have regional and district offices of the Service. (2) An office of the Service located in a region shall be headed by a Regional Director. (3) A Regional Director is responsible for the implementation of the policies and decisions of the Board in the region. (4) An office of the Service located in a district shall be headed by a District Director. (5) A District Director is responsible for the implementation of the policies and decisions of the Board in the district.

Section 24Verify source

§ 25Internal Audit Unit Finances of the ServiceProvision

The Service must have an Internal Audit Unit headed by an Internal Auditor, and the Internal Auditor must carry out internal audit reporting duties.

Section 25—Internal Audit Unit (1) The Service shall have an Internal Audit Unit in accordance with section 83 of the Public Financial Management Act, 2016 (Act 921). (2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658). 12 (3) The Internal Auditor is responsible for the internal audit of the Service. (4) The Internal Auditor shall, to subject to subsections (3) and (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), at intervals of three months (a) prepare and submit to the Board, a report on the internal audit carried out during the period of three months immediately preceding the preparation of the report; and (b) make recommendations in each report, with respect to matters which appear to the Internal Auditor as necessary for the conduct of the affairs of the Service. (5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under this section to the Chief Executive Officer and the chairperson of the Board. Finances of the Service

Section 25Verify source

§ 26Funds of the ServiceProvision

The Service’s funds come from several listed sources, including parliamentary funding, insurance-sticker-related money, internal funds, donations, investment income, and other moneys approved by the Finance Minister.

Section 26—Funds of the Service (1) The funds of the Service include (a) moneys provided by Parliament; (b) a percentage of moneys accruing to the National Insurance Commission in respect of insurance stickers for motor insurance as determined on an annual basis by the National Insurance Commission and the Ghana Insurers Association in consultation with the Service; (c) moneys from the National Health Insurance Authority in accordance with the formula determined by Parliament; (d) internally generated funds; (e) donations, grants and gifts; (f) moneys derived from investments; and (g) any other moneys approved by the Minister responsible for Finance. (2) For the purposes of paragraph (b) of subsection (1), the Service, the National Insurance Commission and the Ghana Insurers Association shall meet annually for the review of (a) the cost of insurance stickers determined for motor insurance; and (b) the beneficiaries of moneys accruing to the National Insurance Commission in respect of insurance stickers for motor Insurance.

Section 26Verify source

§ 27Bank accounts of the ServiceProvision

Money for the Service must be paid into a bank account opened with the approval of the Controller and Accountant-General.

Section 27—Bank account of the Service The moneys for the Service shall be paid into a bank account opened with the approval of the Controller and Accountant-General.

Section 27Verify source

§ 28Expences of the ServiceProvision

The Service’s expenses are paid from the Consolidated Fund.

Section 28—Expenses of the Service The expenses of the Service shall be a charge on the Consolidated Fund.

Section 28Verify source

§ 29Accounts and auditProvision

Section 29—Accounts and audit 13 (1) The Board shall keep books of accounts, records, returns and other documents relevant to the accounts in the form approved by the Auditor-General. (2) The Board shall, at the end of the financial year, submit the accounts of the Service to the Auditor-General for audit. (3) The Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the accounts and forward a copy each of the audit report to the Board and the Minister. (4) The financial year of the Service shall be the same as the financial year of Government.

Section 29Verify source

§ 30Annual report and other reports Offences and PenaltiesOffence

The Board must send the annual report to the Minister within 30 days after receiving the audit report, include the Auditor-General’s report, and provide any other report the Minister asks for in writing. The Minister must then send the annual report to Parliament within 30 days after receiving it, with any statement the Minister considers necessary.

Section 30—Annual report and other reports (1) The Board shall, within thirty days after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Service for the year to which the report relates. (2) The annual report shall include the report of the Auditor-General. (3) The Minister shall, within thirty days after the receipt of the annual report from the Board, submit the report to Parliament with a statement that the Minister considers necessary. (4) The Board shall also submit to the Minister any other report which the Minister may require in writing. Offences and Penalties

Section 30Verify source

§ 31General offencesOffence

This section creates offences for unauthorized use of National Ambulance Service names, markings, or insignia, false claims about needing Service resources, obstructing Service staff, and making false calls.

Section 31—General offences (1) A person, other than a member of the Service, who performs any of the ambulance services specified in the First Schedule in the name of the Service, commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than one year and not more than three years, or to both. (2) A person who, (a) without the approval in writing of the Chief Executive Officer, (i) uses the words "National Ambulance Service" or any similar name, title or description; (ii) inscribes on any vehicle the words "National Ambulance Service"; (iii) inscribes on any other property that is not owned by the Service the words "National Ambulance Service"; or (iv) uses any insignia of the Service in a manner contrary to the prescribed manner; or (b) inscribes on a vehicle, letters or marks which signify or may reasonably lead any other person to believe that the vehicle is used for the provision of ambulance services by the Service, 14 commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than six months and not more than twenty-four months, or to both. (3) A person who knowingly makes a false representation that certain circumstances exist that require the use of any of the resources of the Service commits an offence and is liable on summary conviction to a fine of not less than fifty penalty units and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than three months and not more than twelve months, or to both. (4) A person who obstructs or hinders an officer, agent or employee of the Service in the performance of a duty under this Act commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than one year and not more than three years, or to both. (5) A person who makes a false call commits an offence and is liable on summary conviction to a fine of not less than fifty penalty units and not more than two hundred and fifty penalty units or to a term of imprisonment of not less than three months and not more than twelve months, or to both.

Section 31Verify source

§ 32Improper use of the seal of the ServiceOffence

A person must not use the Service’s official seal or emblem without Board approval.

Section 32—Improper use of the seal of the Service (1) The official seal and emblem of the Service shall be as set out in the Second Schedule. (2) A person shall not, without the approval of the Board, use the official seal and emblem of the Service. (3) A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than six months and not more than two years, or to both.

Section 32Verify source

§ 33Unauthorised collection of moneys or soliciting of property Miscellaneous ProvisionsOffence

A person who is not authorised by the Board must not collect or solicit money or property for ambulance services, and breach is an offence.

Section 33—Unauthorised collection of moneys or soliciting of property (1) A person, other than a person authorised by the Board, shall not conduct, take part in, direct or organise the collection or soliciting of moneys or any other property from a member of the public or from an institution for the purpose of the provision of ambulance services provided by the Service. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than one year and not more than three years, or to both. Miscellaneous Provisions

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§ 34Inter-regional assistance at accident or disaster sceneProvision

A member of the Service at an accident or disaster scene must follow the local officer-in-charge, or if none exists, take control and report to the Chief Executive Officer through the relevant Regional Directors.

Section 34—Inter-regional assistance at accident or disaster scene (1) A member of the Service (a) who assists at an accident or disaster scene in a particular region, and 15 (b) whose duty station is located in a region other than the region in which assistance is given under paragraph (a), is answerable to the officer-in-charge of the area of the accident or disaster scene. (2) Where there is no officer-in-charge at an accident or disaster scene, the member of the Service who assists at that scene shall (a) exercise the powers of an authorised officer under this Act, and (b) control and direct all persons who assist at the scene. (3) A member of the Service who controls or directs affairs in the absence of an officer-in- charge at an accident or disaster scene, shall provide the Chief Executive Officer through the Regional Director of the respective region and the Regional Director of the region in which the duty station of that member is located, with the report on duties and activities related to the accident or disaster.

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§ 35Modification of existing enactmentsProvision

Existing enactments relevant to this Act must be read with the modifications needed to give effect to it, and this Act prevails if there is any inconsistency.

Section 35—Modification of existing enactments The provisions of an enactment of relevance to this Act and in force at the coming into force of this Act shall have effect subject to the modifications necessary to give effect to this Act and to the extent that where the provisions of an enactment are inconsistent with this Act, the provisions of this Act shall prevail.

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§ 36RegulationsProvision

The Minister may make regulations, on the Board’s recommendation and by legislative instrument, about ambulance services, accident and disaster surveillance, pre-hospital care, service conditions, discipline, and other matters needed to implement the Act.

Section 36—Regulations (1) The Minister may, on the recommendations of the Board, by legislative instrument, make Regulations (a) to prescribe reserved ambulance services which the Service may provide; (b) to prescribe modalities for effective surveillance of accidents, emergencies and disasters; (c) to provide for pre-hospital care services; (d) to provide for the conditions of service of members of the Service; (e) to provide for discipline of members of the Service; and (f) to provide for any other matter necessary for the effective and efficient implementation of this Act. (2) The Civil Service Regulations, 1960 (L.I. 47) applicable to the members of the Civil Service shall apply to members of the Service until Regulations are made for the Service under subsection (1).

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§ 37InterpretationInterpretation

This section defines key terms used in the Act.

Section 37—Interpretation In this Act, unless the context otherwise requires, "ambulance services" mean services specified in the First Schedule; "ambulance service provider" means a practitioner who provides the services specified in the First Schedule and for purposes of this Act; 16 "ambulance station" means an area designated for (a) the employees of the Service for purposes of work and residency, and (b) ambulance vehicles and related medical equipment; "Board" means the governing body of the Service established under section 5; "emergency" means a serious event or situation resulting in injury or ailment of a person and requiring immediate pre-hospital care treatment including the transport of a person to a health care centre; "emergency medical technician" means a paramedical personnel who is trained to provide basic emergency medical care and life support to a sick or an injured person until definitive medical treatment can be assessed; "first aid group" means an identified number of trained persons with a similar mission who provide limited care for sick or injured persons until definitive medical treatment can be accessed, or until the illness or injury is dealt with by a medical officer; "first responder" means a person who after a prescribed course in training in first aid and pre- hospital care delivery, volunteers to offer and render ambulance services; "healthcare centre" means a facility where prevention, treatment and management of illness and the preservation of mental and physical well-being through the services offered by medical, nursing and allied health professionals are provided; "Minister" means the Minister responsible for Health; "officer-in-charge" means the person who, under the direction of the Chief Executive Officer, is for the time being in charge at an accident or disaster scene; "paramedic" means an advanced provider of emergency care services who is trained to manage a person who is ill or injured for purposes of stabilising that person before that person is taken to the hospital; "practitioner" means a person registered under this Act to practice pre-hospital care service; "pre-hospital care service" means the services provided prior to handing over to a health institution; "Regulations" mean the Regulations made under this Act; and "Service" means the National Ambulance Service established under section 1.

Section 37Verify source

§ 38Transitional provisions SCHEDULES FIRST SCHEDULE Ambulance Services SECOND SCHEDULE Official Seal and Emblem of the National Ambulance ServiceCommencement

Section 38—Transitional provisions (1) The total sum of money located in any bank immediately before the coming into force of this Act which constitutes moneys intended for purposes related to ambulance services is hereby transferred to the Service. (2) The assets or property held for or on behalf of or for the purposes of the Service immediately before the coming into force of this Act is vested in the Service established under this Act. 17 (3) A contract subsisting between the Service and any other person before the coming into force of this Act shall subsist between the Service established under this Act and that other person. (4) A person in the employment of the Service in existence immediately before the coming into force of this Act is deemed to have been employed by the Service established under this Act on the terms and conditions attached to the post held by that person before the coming into force of this Act. SCHEDULES FIRST SCHEDULE (sections 31(1) and 37) Ambulance Services The following constitute ambulance services: 1. Care to the sick and injured in the nature of (a) response to an emergency call within the stipulated time target; (b) assessment of injury or illness of a person and provision of care; (c) safe removal of a person from an emergency situation and transportation of that person to a health facility as directed by a medical director or control room; and (d) transportation of a person to or from a hospital and any other health care facility. 2. Ensuring public safety by (a) standing by during public gatherings or call duties; (b) the provision of public information, education and training on safety measures to be undertaken in emergency or disaster situations; (c) the provision of public information, education and training on measures to prevent or minimise personal injury or illness in non-emergency situations; and (d) the protection of a person from injury or death whether or not that person is sick or injured. 3. Ensuring disaster management by (a) the provision of communication linkage with control rooms of the Service, hospitals and other agencies involved in disaster management, (b) the provision of emergency care and ambulance services during a disaster; (c) twenty-four hour standby service to respond to 193 and other Emergency calls; (d) pre-hospital care during emergency response; (e) transportation of patients to and from hospital; (f) provision of services for public and private gatherings; 18 (g) training of Emergency Medical Technicians; (h) training of First Responders; (i) promotion of training for health professionals in life support courses; (j) promotion of first aid training to the general public; and (k) provision of reliable and timely information for effective ambulance operation countrywide. SECOND SCHEDULE (section 32(1)) Official Seal and Emblem of the National Ambulance Service Date of Gazette Notification: 29th December, 2020.

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Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Civil Service shall apply to members of the Service until Regulations
Section 36

N–S

5 instruments

National Ambulance Service (1) There is established by this Act
Section 1
Public Financial Management Act, 2016
Section 25
Service immediately before the coming into force of this Act
Section 38
Service in the performance of a duty under this Act
Section 31
Service who assists at that scene shall (a) exercise the powers of an authorised officer under this Act
Section 34

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