Section 16: The Board
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
16. The Board
(1) There shall for the purposes of this Act be an Organ and Tissue
Transplant Board which shall consist of—
(a) the Chief Medical Officer of the Ministry responsible for the subject of health, who shall be the Chairperson;
(b) a representative of the Attorney General’s Office;
(c) not more than 3 medical practitioners not below the status of
specialist, one of whom shall be a medical consultant, to be appointed by the Minister;
(d) such other persons, not exceeding 3, as the Minister thinks fit;
(e) where appropriate, one other person appointed pursuant to subsection (2).
(2) Where it is necessary for the Board to make a decision regarding the
removal or transplant of any tissue which requires specialised knowledge or
experience in a field of medicine which the members of the Board do not
have, the Minister shall appoint one other medical consultant who has the
required knowledge or experience to take part in the decision.
[Issue 1] H12 – 8
Revised Laws of Mauritius
(3) Subject to subsection (4), the Board shall—
(a) sit at such time and place as the Chairperson shall determine;
(b) make its decision by a majority of the members present and voting, the Chairperson having a second and casting vote in case of
an equality of votes;
(c) subject to subsection (2), be properly constituted where 3 members are present.
(4) Where owing to the urgency of any matter, it is not practicable to convene a meeting of the Board, the Chairperson may decide the matter himself
and seek the covering approval of the Board at a subsequent meeting.
(5) The Board shall—
(a) have and exercise the powers and functions which are attributed
to it under this Act or which may be prescribed;
(b) keep such registers or confidential registers as may be prescribed or determined by the Board for the purpose of recording
such information as may be necessary—
(i) in relation to donations and any revocation thereof, to oppositions to the removal of tissue and to transplants; and
(ii) to allow the traceability of transplant from donor to
recipient;
(c) have power to call for such information as it may require from
any person for the purpose of exercising its functions under this
Act;
(d) advise the Minister on any other matter relating to the removal,
preservation or transplant of tissue.