Occupational Therapists Training Registrationand Licensing Act 2017 - as Plain Text by MWakili

:ttR ' '*c\\ SPECIAL ISSUE o,rrr:'1*r,r*,li\'." Kenya Gazette Supplement No.

124 (Acts No.

jl) REPUBLIC OF KENYA KENYA PPLEMENT GAZETTE SU ACTS, 2017 NAIROBI, 3rd August, 2017 CONTENT Act- Pecn The Occupational Therapists (Training, Registration and Licensing) Act,20l7 .633.

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a).j PRTNTED AND PuBusneo sv rm 633 THE OCCUPATIONAL THER,APISTS (TRAII\IING, REGISTRATION AND LICENSING) ACT, 2017 No.31 of20l7 Date of Assent: 2lst July, 2017 Date of Commencement: l6th August,2017 ARRANGEMENT OF SECTIONS PART I-PRELIMINARY Section 1-Short title.

2-Interpretation.

PART II_ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COI]NCIL OF KENYA 3-Establishment of the Occupational Therapy Council of Kenya.

4-Composition of the Council.

5-Vacation of office.

6-Conduct of business and affairs of the Council.

7-Headquarters.

8-Functions of the Council.

9-Tenure of office of Council members.

l0-Powers of the Council.

11-Remuneration of members of the Council.

l2-Staff of the Council.

I3 - Co-operation with other organisations.

l4-Invitation of experts.

15-The common seal of the Council.

16-Protection of the Council from liability.

PART III-REGISTRATION AND TRAINING OF OCCI,JPATIONAL THERAPISTS l7-Appointment of Registrar.l8-Functions of the Registrar.

I9 - Particulars of register.

20-Publication of particulars of register.

634 No.

31 Occupational Therapists (Training, Registration and Licensing) 2017 21-Removal of names from register.

22 - lnspection of register.

23-Registration and effect of registration.

24-Umegistered persons rendering occupational therapy services.

25-Allowing unregistered persons to render occupational therapy services.

26 - Surrender of certificates.

27 -Use of titles.

PART IV_PROVISIONS RELATING TO PRIVATE PRACTICE 28-Licensing.

29 - Qualification for private practice.

30-Validity of licence.

31 -Terms and conditions of private practice.

32-Application for a licence.

33-Renewal, cancellation and suspension of licence.

PART V-DISCIPLINE 34- Establishment of the Disciplinary Committee.

35- Disciplinary powers of the Committee.

PART VI-FINANCIAL PROVISIONS 36-Funds of the Council.

37-Financial year.

38-Annual estimates.

39-Investment of funds.

PART VII-PROVISIONS ON DELEGATED POWERS 40-Regulations.

PART VIII - TRANSITIONAL PROVISION 4l-Carrying on of business.

42- Acting Registrar.

SCHEDULE FIRST SCHEDULE_PROVISIONS AS TO THE CONDUCT OF BUSINESS AI\D AFFAIRS OF THE COUNCIL 635 2017 Occupational Therapists (Training, Registration and Licensing ) No.31 THE OCCUPATIONAL THERAPISTS (TRAINING, REGISTRATION AND LICENSING) ACT, 2OI7 AN ACT of Parliament to make provision for the training, registration and licensing of occupational therapists; to regulate their practice; to provide for the establishment, powers and functions of the Occupational Therapy Council of Kenya and for connected purposes ENACTED by the Parliament of Kenya, as follows- PART I_PRELIMINARY 1.

This Act may be cited as the Occupational Shorttrtle' Therapists (Training, Registration and Licensing) Act, 2017.

2.

In this Act, unless the context otherwise Interpretation' requires- "Association" means the Kenya Occupational Therapists Association; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to health; "certificate" means a certificate of registration issued by the Council to a person entitled to be registered under this Act; "occupational therapist" means a person who, having successfully undergone a prescribed course of training in a training institution, is a holder of a certificate issued by that institution and is registered under this Act; "Council" means the Occupational Therapy Council established under section 3; "private practice" means the practice of occupational therapy by an occupational therapist for a fee either in kind or cash; "register" means the register of occupational therapists which the Registrar is required to maintain under section 18; "Registrar" means the registrar of occupational therapists as provided under section 17.

PART II - ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COUNCIL OF KENYA 3.

(1) There is established a Council to be known as Establishment of the Occupational Therapy Council of Kenya.

Occupational Therapy Council -i 636 No.

3l Occupational Therapists (Training, Registration and Licensing) 2017 (2) The Council shall be a body corporate with orKenva' perpetual succession and a common seal and shall, in its corporate name, be capable of- (a) suing and being sued; (b) purchasing or otherwise acquiring, holding, charging and disposing of moveable and immovable property; (c) borrowing, lending or raising money; (d) entering into contracts; and (e) performing all other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate.

4.(1) The Council shall consist of the following compositronor persons- " the counctl' (a) the Chairperson, appointed by the Cabinet Secretary from among the persons nominated under paragraph (i); (b) the Director of Medical Services or his or her representative; (c) the Registrar who shall be an ex fficio member of the Council without a right to vote; (d) the Chief Occupational Therapist; (e) the Director, Kenya Medical Training College or his or her representative; (0 the Chairperson of the Association; (g) six occupational therapists competitively and transparently nominated by the Association, who shall include- (a) two occupational therapists employed in the public service one of whom shall be employed in a County Government; (b) one occupational therapist employed in the private sector; (c) one occupational therapist with disability; (d) one occupational therapist from the gender least represented in the Council; and I 637 2017 Occupational Therapists (Training, Registration and Licensing) No.

31 (e) one occupational therapist employed in a University in Kenya which awards qualifications recognized by the Council." (2) A person shall be qualified for appointment as a chairperson to the Council if such person- (a) is a citizen of Kenya; (b) is an occupational therapist of not less than 10 years standing; (c) is registered as an occupational therapist under this Act; and (d) meets the requirements of Chapter Six of the Constitution.

(3) The Registrar shall be- (a) competitively appointed by the Council; (b) secretary to the Council.

(4) The Council members referred to in subsection (1) (b), (h) and (i) may attend the Council meetings in person or through their representatives appointed in writing.

(5) The Cabinet Secretary in consultation with the Association shall, in appointing the members of the Council, have regard to gender balance and persons with disability.

(6) The chairperson and every member appointed under subsection (1) shall hold office for a term of 3 years and shall be eligible for re-appointment for a further term of three years.

(7) All appointments under this section shall be notified in the Gozette.

5.

A member of the Council, other than an ex-fficio Vacation of member, may- office.

(a) by a notice in writing addressed to the Registrar, resign from office; (b) be removed from office by the Cabinet Secretary if the rnember- (i) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months; I 638 No.

31 Occupational Therapists (Training, Registration and Licensing) 2017 (ii) is adjudged bankrupt; (iii) is incapacitated by prolonged physical or mental illness or is deemed otherwise unfit to discharge his duties as a member of the Council; or (iv) dies.

6.

The conduct and regulation of the business and Conduct of affairs of the Council shall be as provided for in the business and affairs of the Schedule.

Council.

7.

The Headquarters of the Council shall be in Headquarters.

Nairobi.

8.

The functions of the Council shall be to- Functlons of the Council.

(a) maintain a register of all students pursuing courses leading to a qualification in occupational therapy; (b) prescribe and conduct examinations in collaboration with the approved institutions; (c) evaluate, assess, approve and regulate the usage and application of such tools, equipment and appliances necessary in occupational therapy practice as the Council may from time to time determine; (d) regulate the professional conduct of registered occupational therapists and take such disciplinary measures as may be appropriate to maintain proper professional standards; (e) maintain a register and records of all occupational therapists registered under this Act; (f) maintain a register of private institutions and clinics licensed to offer occupational therapy; (g) establish and maintain a professional code of conduct for all persons registered under this Act; (h) cause to be published in the Kenya Gazette every calendar year the names of all registered occupational therapists; (i) consider any other matters generally pertaining to occupational therapists including advertisement, prescribing and approving all badges, insignias or 639 (Training, 2017 Occupational Therapists Registration and Licensing) NO.

3L uniforms to be worn by occupational therapists while on duty, in consultation with the Cabinet Secretary.

9.

The members of the Council shall hold office for a Tenure of office period of three years and shall be eligible for re- of Council appointment subject a maximum terms.

members.

to of two 10.

(1) The Council shall have all powers necessary Powers of the for the proper performance of the functions of the Council Council.

under this Act.

(2) Without prejudice to the generality of the foregoing, the Council shall have power to- (a) control, supervise and administer the assets of the Council in such manner as best promotes the purpose for which the Council is established; (b) receive any grants, gifts, donations or endowments and make legitimate disbursements there from; (c) levy fees for services rendered by the Council as may be determined from time to time by the Council; (d) open such banking accounts for the funds of the Council as may be necessary; (e) invest any funds of the Council not immediately required for its purposes; and (0 enter into association with such other bodies or organizations within or outside Kenya as it may consider desirable or appropriate in furtherance or for the performance of its functions under this Act; 11.

The members of the Council shall be paid such Remuneration of remuneration as may be approved by the Cabinet Secretary members of the upon the advice of the Salaries and Remuneration Council.

Commission.

l2.The Council may employ such staff as may be Staff of the necessary for the proper and efficient discharge of the Council.

functions of the Council under this Act, upon such terms and conditions of service as the Council may determine upon the advice of the Salaries and Remuneration Commission.

13.

The Council may, in the discharge of its functions, Co-operation with consult, collaborate and co-operate with- other organizations.

640 No.

31 Occupational Therapists (Training, Registration and Licensing) 2017 (a) the Commission for University Education and I other regulators in the field of education, I generally; IIl (b) the Technical and Vocational Education and l Training Authority; and I (c) departments and agencies of Government, statutory bodies, and any other body or institution having functions or objects related to the.

functions of the Council.

14.

(1) The Council may invite any public officer or Invitationor other perion or any ."pr"r"ntutive of any body, who in the experts' opinion of the Council, has expert knowledge in matters relating to the functions of the Council to attend any meeting of the Council and participate in the proceedings.

(2) A person attending a meeting under this section may, if invited, participate in any discussion at the meeting but shall not vote.

15.

(1) The common seal of the Council shall be kept The common seal in the custody of the Chief Executive Officer or of such of the Council.

other person as the Council may direct, and shall not be used except upon the order of the Council.

(2) The common seal of the Council, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorization by the Council under this section shall be presumed to have been given.

(3) The common seal of the Council shall be authenticated by the signature of the Chairperson of the Council and the Chief Executive Officer.

(a) In the absence of either the Chairperson or the Chief Executive Officer, in any particular matter, the Council may nominate one member of the Council to authenticate the seal of the Council on behalf of either the Chairperson or the Chief Executive Officer.

16.

(1) Liability shall not attach to the Council, or to Protection of the any of its staff, or to a member of the Council for loss or Council from damage sustained by any person as a result of any act or hability.

omission done or made in good faith and without negligence in the performance or exercise or the intended performance or exercise of any duty or power imposed or conferred by or under this Act.

641 2017 Occupational Tlrcrapists (Training, Registration and Licensing) No.

3l (2) The provisions of subsection (1) shall not relieve I the Council of the liability to pay compensation or damages I to any person for any injury to him, his property or any of I his interests caused by the exercise of the powers conferred I on the council by this Act or by any written law or by the I failure, whether wholly or partially, of any works.

I PART III_REGISTRATION AND TRAINING OF OCCUPATIONAL THERAPISTS L7.

There shall be a Registrar of the Council who Appointment or shall be recruited and appointed by the Council through u Registrar' competitive and transparent process.

18.

The Registrar shall- Functions of the Registrar.

(a) receive applications for registration; (b) advise the Council on matters relating to the profession; (c) be the secretary to the Council; and (d) keep and maintain a register of occupational therapists.

19.

(1) The register shall contain the fOllOWinS Panicularsolthe particulars of occupational therapists - register.

(a) name and address; (b) qualifications of the occupational therapists; and (c) place of business or employment of the occupational therapist.

(2) An occupational therapist shall notify the Registrar of any change of particulars.

20.

The Registrar shail_ ill[:1",:,,."; (a) publish in the Gazette a list of names, addresses register' and qualifications of the registered occupational therapists not later than the 3l st March in every year.

and (b) subject to the directions of the Council, make any necessary alterations or corrections in the register in relation to an entry including the deletion of names of occupational therapists who have died and entries which have been fraudulently or incorrectly made.

I 642 l No.

31 Occupational Therapists (Training, Registration and Licensing) 2017 i 21.

(l) An occupational therapist may request the Removal of Registrar to remove his name from the register.

names from I register.

i (2) Subject to subsection (1), the Registrar may t reinstate a name upon request of the person concerned, on i the approval of the Council and on payment of the I prescribed fee.

I 22.

Any person may inspect the register and any Inspection of documents ,"tutirg to any entry, and may Jbtain from thl Register' Registrar, a copy of, or an extract from the registers on payment of the prescribed fee.

23.

(l) A person shall be qualified for registration, if Registration and he- - -a he satisfies the Council that :Jl:[:|." (a) has successfully undergone a prescribed course of training at an approved training institution; (b) has applied for registration in the prescribed form; (c) has paid the prescribed fees for registration; and (d) has engaged in training under the supervision of a registered occupational therapist for such period, being not less than one year, as the Council may prescribe.

(2) Subject to the provisions this Act, every occupational therapist registered under subsection (1) shall pay the Council such annual subscription as may be prescribed from time to time.

24.

(1) A person shall not render occupational unregistered therapy services in Kenya as an occupational t^herapist ::::Eirfii"'* unless he has been registered by the Council under this Act.

therapv services.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both.

25.

(l) A person in charge of a medical institution Allowing shall not allow any unregistered person to render unregistered persons to render I occupational therapy services as an occupational therapist occupational in their institution.

therapy services.

(2) Any person who contravenes subsection (1) commits an offence and shall be liable to a fine not ' 643 2017 Occupational Therapists (Training, Registration and Licensing) No.

3l exceeding two million shillings, or imprisonment for a term not exceeding six years or to both.

26.

(l) A person whose name is deleted from the Sunender or register for any Jeason shall within thirty days of certificates publication of the deletion in the Gazette, surrender his certificate of registration to the Council for cancellation.

(2) Subject to subsection (l), ifthe person is deceased, the deceased's legal representative shall surrender the certificate to the Council.

27.

The Council shall prescribe such title or titles as Useorntles' may be used to denote that a person is registered under this Act.

PART IV-PROVISIONS RELATING TO PRIVATE PRACTICE 28.

(1) A person shall not engage in private practice Licensing unless he has been issued with a valid licence to practice.

(2) The Council may issue to an occupational therapist who has applied in the prescribed form, a licence to practice on his or her own behalf or to be employed by a registered occupational therapist.

(3) The Council shall grant a licence to an occupational therapist on payment of the prescribed fee, and shall state whether the licensee may practice on his own behalf or on employment.

(4) Licences for private practice shall expire on the 31st of December in the year they are granted and issued and shall be renewable in accordance with the regulations.

(5) The Council may cancel or refuse to issue or to renew a licence.

(6) A person aggrieved by the decision of the Council in exercising its powers under subsection (5) may appeal to the High Court within thirty days of the Council's decision being communicated to him.

29.

(I) Notwithstanding that an occupational therapist 9,llltlllgl:.

has been issued with a licence under this Act, he shall not pnvate prachce' engage in practice on his own behalf, either full time or part-time, unless he has practised in Kenya continuously on a full-time basis for a period of not less than five years after being registered- 644 No.

3l Oc'cupational Therapists (Training, Registration and Licensing) 2017 (a) in a salaried post, either as an employee in the Government of Kenya as an occupational therapist; or (b) in an organisation approved by the Council; or (c) as an employee of an occupational therapist who has been engaged in a continuous full-time private practice on his own behalf in Kenya for a period of not less than five years.

(2) The person employing an occupational therapist under this section shall in the prescribed form notify the Council of the commencement and termination of employment of such person.

(3) A person who engages in private practice as an occupational therapist contrary to the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding two million shillings, or to imprisonment for a term not exceeding four years, or to both.

30.

(1) After the expiry of twelve months from the Vahdrty of commencement of this Act, no person shall engage in the licence.

practice of occupational therapy unless he has been duly issued with a registration certificate and a practicing license by the Council in accordance with this Act.

(2) A licence issued under this Act shall be valid from the date it is issued and shall expire on the 31st December of the year it is or one year issued.

(3) Subject to subsection (2), where the name of the occupational therapist is removed or struck off the register, the licence, if any, shall expire forthwith.

(4) On expiry, a license may be renewed for such further period, not exceeding one year.

(5) Where a licence expires and is not renewed for a period of one year, the name of the holder of the licence shall be removed from the appropriate record.

(6) The Registrar shall enter in the register the date of issue of every licence.

31.

(1) The Council shall, in regulation, prescribe the Terms and terms and conditions of the practice of an occupational conditions of private practice.

therapist engaged in private practice.

645 (Training, 2017 Occupational Therapists Registration und Licensing) No.

31 (2) Regulations made under subsection (1) shall in particular provide for- (a) the services to be rendered by an occupational therapist in private practice; and (b) the employment of an occupational therapist in private institutions.

(3) A person who breaches any term or condition prescribed in the regulation under this section commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings, or imprisonment for a term not exceeding one year, or to both.

32.

(l) An application for a licence shall be made to Application ror a the Registrar in duplicate, signed by the applicant, licence specifying his name and place of practice and the date of his registration as an occupational therapist.

(2) Every application under this section shall be accompanied by the prescribed fee.

(3) The Council shall, where an occupational therapist is duly registered under this Act and is not for the time being suspended from practice, within sixty days of receipt by the Council of the application, issue to the applicant a licence in the prescribed form.

(4) The Registrar shall keep one copy of every application delivered to him under this section.

33.

(1) An occupational therapist issued with a licence Renewal.

-ry uppiy for renewal of the certificate in the prescribed ::$:l'3[:'"?" form at least thirty days before the date of expiry thereof.

licence.

(2) An occupational therapist who fails to renew his licence within the prescribed period shall, when applying for a renewal, be required to pay such late application fee, as shall be prescribed by the Council.

(3) The Council shall have the power to renew any licence and may, refuse to renew, cancel, withdraw or suspend a licence for a period not exceeding twelve months, if satisfied that the occupational therapist is guilty of professional misconduct or is in breach of any provisions of this Act or any regulations made under this Act.

(4) Any person who is aggrieved by the decision of the Council made under the provisions of this section may 646 No.

31 Occupational Therapists (Training, Registration and Licensing) 2017 appeal within thirty days to the High Court and the High Court may confirm, vary, or annul the decision of the Council.

PART V_DISCIPLINE 34.

(1) There is established a DiSCiOlinarV Establishmentof Committee.

tJ the Disciplinary Committee.

(2) The Committee shall consist of- (a) the chairman of the association who shall be chairman of the Committee; (b) one representative of the Cabinet Secretary who shall not be a member of the Council; (c) an advocate of the High Court with at least seven years' experience appointed by the Council; (d) one occupational therapist in the public service nominated by the association, who is not a member of the council and is employed by the National Government; (e) one occupational therapist in the public service nominated by the Association, who is not a member of the Council and is employed by a County Government; (f) two occupational therapists from private practice nominated by the Association, who are not members of the Council.

(3) The Registrar of the Council shall be the Secretary of the Disciplinary Committee but shall not have voting power.

(4) The Disciplinary Committee shall receive and investigate complaints against occupational therapists in accordance with the rules and regulations under this Act.

(5) Subject to this Act, the Disciplinary Committee shall regulate its own procedures.

35.

(1) The Disciplinary Committee may order the Disciplinary removal from the register, iuspension of registration or BHTiljj* revocation of the practicing license of an occupational therapist or the imposition of a fine on a practitioner as may be prescribed by the Council if that practitioner- 647 2017 Occupational Therapists (Training, Registration and Licensing) No.

3l (a) has been convicted of an offence punishable by imprisonment, the commission of which in the opinion of the Council has dishonored the profession in the public estimation; or (b) has been guilty of negligence or malpractice in respect of his profession; or (c) has been guilty of impropriety or misconduct, whether in respect of his profession or not.

(2) Upon an inquiry held by the committee, the person whose conduct is being inquired into shall be afforded an opportunity of being heard either in person or through an advocate.

(3) For the purposes of proceedings at any inquiry held by the disciplinary committee, the committee may administer oaths, and may subject to any regulation made under this Act, enforce attendance of persons as witnesses and the production of books and documents.

(4) Any person whose name has been removed from the register or whose licence has been suspended shall forthwith surrender to the Council his certificate of registration or licence.

(5) An occupational therapist who contravenes subsection (4) commits an offence and upon conviction, shall be liable to a fine not exceeding twenty thousand shillings.

(6) An occupational therapist who is aggrieved by the decision of the Council in the exercise of its powers under this section may, within sixty days from the date of the decision of the Council, appeal to the High Court.

PART VI _FINANCIAL PROVISIONS 36.

The funds of the Council shall consist of Funds ofthe - Council.

(a) such monies as may be payable to the Council pursuant to this Act or any other written law; (b) such monies or assets as may accrue to or vest in the Council in the course of the exercise of its powers or performance of its functions under this Act; (c) any funds provided by bilateral or multilateral donors, for the purpose of the Council; 648 No.

31 Occupational Therapists (Training, Regisrration and Licensing) 2017 (d) gifts, grants, donations or endowments as may be given to the Council; (e) monies from any other source provided for the Council.

37.

The financial year of the Council shall be the Financial vear.

period of twelve months ending on the thirtieth of June in each year.

38.

( I ) At least three months before the Annual estimates- commencement of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the Council for that financial year.

(2) The annual estimates shall make provisions for all estimated expenditure of the Council for the financial year concerned, and in particular shall provide for the- (a) payment of allowances and other charges in respect of members of the Courcil; (b) payment of salaries, allorvances and other charges in respect of the st:it of the Council; (c) payment of pcnsions, gratuities and other charges in respect of staff of the Council; (d) proper maintenance of the assets of the Council; and (e) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the Council may deem fit.

(3) The annual estimates shall be approved by the Council befbre the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary's approval, the Council shall not increase the annual estimates of the Council without the consent of the Cabinet Secretary.

39.

The Council may invest any of the funds of the Investment or Council in securities, in which for the time being tmstees runds' may by law invest trust funds, or in any other securities or banks which the Treasury ma], from time to time.

approve for that purpose 649 2017 Occupational Therapists (Training, Registratiott and Licensing) No.

31 PART VII-PROVISIONS ON DELEGATED POWERS 40.

(1) The Cabinet Secretary shall, in consultation Regulations.

with the Council, make regulations for the better carrying into effect of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1), such regulations may provide for- (a) the form and method of keeping records under this Act; (b) the procedure for applications for registration under this Act; (c) the prescribed courses under this Act; (d) any fees to be paid for registration, private practice licence, or any other fees to be charged under the provisions of this Act; and (e) anything required by this Act to be prescribed.

(3) For the purposes of Article 94(6) of the Constitution- (a) the purpose and objective of the delegation under this section is to enable the Council to make regulations and to enable the Council to discharge its functions more effectively; (b) the authority of the Cabinet Secretary to make regulations under this Act will be limited to bringing into effect provisions of this Act and to fulfilment of the objectives specified under this section; (c) the principles and standards applicable to the regulations made under this section are those found in- (i) the Statutory Instruments Act, 2013: No.23 or.201-r ] (ii) the Interpretation and General Provisions Cap.2.

Act; (iii) the general rules of international law as specified under Article 2(5) of the Constitution; and (iv) any treaty and convention ratified by Kenya under Article 2(6) of the Constitution.

650 No.31 OccupationalTherapists(Training,RegistrationandLicensing) 2017 PART VIII_TRANSITIONAL PROVISIONS 41.

After the expiry of twelve months after the carrying on or commencement of the Aci no person may carry on business bustness' or hold himself or herself out as being an occupational therapist except in compliance with this Act.

42.

The Chief Occupational Therapist at the Ministry ActingRegrstrar.

for the time being responsible for matters relating to health shall hold the office of the Registrar until the first appointment is made under section 17.

SCHEDULE lSection 6I PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL 1.

(1) The Council shall meet not less than four times Meetings' in every financial year and not more than four months shall elapse between the date of one mec-ting and the date of the next meeting.

(2) Notwithstandlrrg the provisions of subparagraph (1), the Chairpers,.rn may, and upon requisition in writing by at least six members shall, convene a special meeting of the Council at any time for the transaction of the business of the Council.

(3) Unless three quarters of the total members of the Council otherwise a5ree, at least fourteen days' written notice of every meeting of the Council shall be given to every member of the Council.

(4) The quorum for the conduct of the business of the Council shall be seven members including the chairperson or the person presiding.

(5) The chairperson shall preside at every meeting of the Council at which he is present but, in his absence, the members present shall elect one of their numbers to preside, who shall, with respect to that meeting and the business transacted thereat, have all the powers of the chairperson.

(6) Unless a unanimous decision is reached, a decision on any matter before the Council shall be by a majority of votes of the members present and voting and, in the case of an equality of votes, the chairperson or the person presiding shall have a casting vote.

651 2017 Occupational Therapists (Training, Registation and Licensing) No.

3l (7) Subject to subparagraph (4), no proceedings of the Council shall be invalid by reason only of a vacancy among the members thereof.

2.

The Council may establish such committees as Committeesorthe may be necessary for the-perforrnance of the functions of council' the Council and may, subject to the provisions of this Act, delegate powers conferred on it to any such committee.

3.

(l) If a member is directly or indirectly interested Disclosure or in any contract, proposed contraci or other mitter before 3ji,'iji%-o-,.

the Council and is present at a meeting of the Council at which the contract, proposed contract or other matter is the subject of consideration, that member shall, at the meeting and as soon as practicable after the commencement thereof, disclose the fact and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter.

(2) It the majority of the members present are of the opinion that the experience or expertise of such member is vital to the deliberations of the meeting, the Council may permit the member to participate in the deliberations subject to such restrictions as it may impose but such member shall not have the right to vote on the matter in question.

(3) A member of the Council who contravenes subparagraph (1) commits an offence and is liable to imprisonment for a term not exceeding six months, or to a fine not exceeding one hundred thousand shillings, or both.

4.

Any contract or instrument which, if entered into Execution of or executed by a person not being a body corporate, would instruments.

not require to be under seal, may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council for that purpose.

5.

The Council shall cause minutes of all resolutions and proceedings of meetings of the Council to be entered in books kept for that purpose.

.