The Mental Health Act, 2019

THE MENTAL HEALTH ACT, 2019
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Sections
1. Short title
2. Interpretation
3. General principles for determination of condition of mental
patient
PART II
LEGAL CAPACITY AND RIGHTS OF MENTAL PATIENTS
4. Legal Capacity
5. Duty to respect and uphold rights and dignity of mental patients
6. Prohibition of discrimination, degrading treatment and use of
derogatory names
7. Promotion of mental health and preventive programmes
PART III
THE NATIONAL MENTAL HEALTH COUNCIL
8. Establishment of National Mental Health Council
9. Seal of Council
10. Functions of Council
11. Board of Council
12. Functions of Board
13. Delegation of functions of Board
14. Executive Director and other staff
PART IV
MENTAL HEALTH SERVICES
15. Access to mental health services
PART V
RIGHTS AND RESPONSIBILITIES OF MENTAL PATIENTS
16. Right of mental patient
17. Responsibilities of mental patient
18. Privacy, dignity and confidentiality
PART VI
STANDARDS OF CARE AND TREATMENT
19. Standards of care and treatment
20. Notice of health care standards and rights
21. Minimum standards for mental health facilities
Mental Health [No.

. Standards of care and treatment
20. Notice of health care standards and rights
21. Minimum standards for mental health facilities
Mental Health [No.

6 of 2019 167
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K56.00 each.

6 of 2019 167
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K56.00 each.

168 No. 6 of 2019] Mental Health
PART VII
CONSENT
22. Consent to admission, treatment, care, rehabilitation and
palliation services and admission to health facility
23. Proxy consent to treatment
24. Advance decision
PART VIII
ADMISSION, TREATMENT, CARE, REHABILITATION OR PALLIATION
25. Admission, treatment, care, support, rehabilitation or palliation
26. Involuntary admission and treatment in emergency
PART IX
SPECIAL TREATMENT
27. Special treatment
28. Clinical or experimental research and development of drugs
PART X
CRIMINAL PROCEDURES FOR FORENSIC MENTAL PATIENTS
29. Designation of health facility for forensic mental patients
30. Admission of forensic mental patient to designated health
facility
31. Referral of forensic mental patient between designated health
facilities
32. Forensic mental patient who absconds
33. Periodic review of mental health status of forensic mental
patient
PART XI
MENTALLY OF ILL INMATES AND UNCONVICTED INMATES
34. Assessment of mental health status of inmate
35. Treatment, care, rehabilitation and palliation of inmates with
mental illness
36. Referral of mentally ill inmate or unconvicted inmate to
designated health facility
37.

habilitation and palliation of inmates with
mental illness
36. Referral of mentally ill inmate or unconvicted inmate to
designated health facility
37.

Review of mental health status of mentally ill inmate
38. Discharge procedure of mentally ill inmate
PART XII
GENERAL PROVISIONS
39. Regulations
40. General penalty
41. Repeal of Mental Disorder Act, No. 21 of 1949
42. Savings and transitional provisions
SCHEDULE

ERAL PROVISIONS
39. Regulations
40. General penalty
41. Repeal of Mental Disorder Act, No. 21 of 1949
42. Savings and transitional provisions
SCHEDULE

Mental Health [No. 6 of 2019 169
An Act to provide for the promotion and protection of the
rights of persons with mental illness, mental disorder,
mental impairment or mental disability; to establish the
National Mental Health Council and provide for its
functions; provide for mental health services in
correctional facilities; give effect to certain provisions of
the United Nations Convention on the Rights of Persons
with Disabilities, Principles for the protection of persons
with mental illness and the improvement of mental care
General Assembly Resolution 46/119 of 17th December,
1991 and other international human rights instruments to
which Zambia is a State Party; repeal the Mental Disorders
Act, 1949; and provide for matters connected with, or
incidental to, the foregoing. [11th April, 2019
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Mental Health Act, 2019. 2.

oing. [11th April, 2019
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Mental Health Act, 2019. 2.

In this Act unless the context otherwise requires—
“Board” means the Board of the Council constituted under
section 11;
“child” has the meaning assigned to the word in the
Constitution;
“Council” means the National Mental Health Council
established under section 8;
“community leader” means a civil society
leader, chief, headperson, minister of religion or any person
of good standing in a community;
Enactment
Short title
Interpretation
Cap. 1
GOVERNMENT OF ZAMBIA
ACT
No. 6 of 2019
Date of Assent: 11th April, 2019

n
of good standing in a community;
Enactment
Short title
Interpretation
Cap. 1
GOVERNMENT OF ZAMBIA
ACT
No. 6 of 2019
Date of Assent: 11th April, 2019

“community mental health service” means a mental health
service within a community;
“correctional centre” means an institution where a mental
patient who commits an offence is held in custody for
treatment and rehabilitation;
“court” means a court of competent jurisdiction;
“discrimination” has the meaning assigned to the word in the
Persons with Disabilities Act, 2012;
“emergency” includes a situation where there is immediate
and imminent danger to the health and safety of a person
or others and it is demonstrated that the time required to
comply with substantive procedures would cause sufficient
delay and harm to the concerned mental patient or others;
“forensic mental patient” means a person who is referred to
a mental health facility by a court for assessment in order
to determine whether or not that person is mentally fit to
stand trial, or to be held criminally responsible for an
offence;
“health care provider” means a person registered and licensed
under the Health Professions Council of Zambia or the
General Nursing Council of Zambia or, any other health
regulatory body;
“health facility” has the meaning assigned to the words in the
Health Professions Act, 2009;
“health practitioner” has the meaning assigned to the words
in the Health Professions Act, 2009;
“in-charge” means an officer with commensurate authority
to superintend the management of a health facility;
“informed consent” means consent obtained freely, without
threats or improper inducements, after appropriate
disclosure to the mental patient of adequate and clear
information in a form and language understood by the
mental patient on—
(a) the diagnostic assessment;
(b) the purpose, method, likely duration and expected
benefit of the proposed treatment;
(c) alternative modes of treatment, including those less
intrusive; and
(d) possible pain or discomfort, risks and side effects of
the proposed treatment;
170 No.

ive modes of treatment, including those less
intrusive; and
(d) possible pain or discomfort, risks and side effects of
the proposed treatment;
170 No.

6 of 2019] Mental Health
Act No. 6
of 2012
Act No. 24
of 2009
Act No. 24
of 2009

6 of 2019] Mental Health
Act No. 6
of 2012
Act No. 24
of 2009
Act No. 24
of 2009

“informed decision” means a decision by a mental health
services user about a diagnostic or therapeutic procedure,
based on choice, which requires the decision to be voluntary
and that the mental patient has the capacity for choice,
which rests on the following key elements:
(a) possession of a set of values and goals for which
the mental patient need to make a decision;
(b) ability to understand information and communicate
decisions; and
(c) ability to reason and deliberate;
“involuntary admission” means the detention and provision of
mental health services to a mental patient who—
(a) is incapable of making an informed decision due to
their mental health status; or
(b) unreasonably withholds or refuses to give informed
consent but requires those services for that
person’s own protection or for the protection of
others;
“mental capacity” means the capability to make independent
informed decisions and to act on that decision and
understand the consequences of the decision made and
action taken;
“mental disability” means long-term psycho-social impairment
which may hinder a person’s full and effective participation
in society on an equal basis with others;
“mental disorder” means diagnosis of a mental condition,
impairment or disability in the absence of demonstrable
organic etiological factor also referred to as functional
neurosis or psychosis;
“mental health”means a state of well-being in which a person
realises that person’s potential to cope with the normal
stresses of life, can work productively and is able to make
a contribution to the person’s community;
“mental health care” includes analysis and diagnosis of a
person’s mental condition, and treatment, care, rehabilitation
and palliation for a mental illness or suspected mental illness;
“mental health facility” means an establishment, or unit of an
establishment which provides mental health care as its
primary function;
Mental Health [No.

tal health facility” means an establishment, or unit of an
establishment which provides mental health care as its
primary function;
Mental Health [No.

6 of 2019 171

6 of 2019 171

“mental health intervention” means an action or service
rendered to a—
(a) mental patient for treatment or rehabilitation; or
(b) community promoting mental health or preventing
mental disorder;
“mental health practitioner” means a medical doctor, clinical
psychologist, psychiatrist, nurse, social worker or other
appropriately qualified person with relevant skills in mental
health care and registered with a relevant regulatory
authority;
“mental health services” means mental health promotion, and
prevention, assessment, treatment, care, rehabilitation,
palliation and any other related support services, programs
and interventions for a mental disorder;
“mental health service resources” means the provision of
materials, finances, human resources and infrastructure
for the provision of mental health services;
“mental health service user” means a person receiving
treatment, care, rehabilitation or palliation services or using
a health service at a health facility aimed at enhancing the
mental health status of a user;
“mental health specialist” means a person who has undertaken
advanced training in mental health to work with people
with mental illnesses and psycho-social issues and includes
psychiatrists, clinical psychologists, psychiatric nurses,
psychiatric clinical officers, therapists including child,
marriage and family counsellors, licensed or certified under
the Health Professions Act, 2009, or the Nurses and
Midwives Act, 1997, or other applicable legislation related
to mental health services;
“mental illness” means a mental impairment or disability with
evidence of an organic etiology;
“mental impairment” means a permanent outcome, effect,
aftermath or after effect of a mental illness that affects a
person’s ability to function normally in society;
“mental patient” means a person diagnosed by a mental health
practitioner as having a mental illness, mental disorder,
mental impairment or mental disability;
“officer-in-charge” means an officer with commensurate
authority to superintend the management of a correctional
centre;
172 No.

or mental disability;
“officer-in-charge” means an officer with commensurate
authority to superintend the management of a correctional
centre;
172 No.

6 of 2019] Mental Health
Act No. 24 of
2009
Act No. 31 of
1997

6 of 2019] Mental Health
Act No. 24 of
2009
Act No. 31 of
1997

“place of safety” means a designated health facility or other
secure location taking into consideration the best
interpretation of the will and preference of the mental
patient;
“primary care giver” means a health care provider, spouse,
relative, friend or community-based worker closest to the
mental patient;
“primary health care” means essential health care based on
practical, scientifically sound and socially acceptable
methods and technology made universally accessible to
individuals, families and communities at a cost that the
community and the country can afford to maintain;
“psychiatrist” means a person registered as such under the
Health Professions Act, 2009;
“public mental health facility” means a government run site,
health post, clinic, hospital, fixed or mobile, providing
services for the promotion, prevention, diagnosis, treatment
and rehabilitation of a mental patient;
“reasonable accommodation” has the meaning assigned to
the words in the Persons with Disabilities Act, 2012;
“rehabilitation” has the meaning assigned to the word in the
Persons with Disabilities Act, 2012;
“supporter” means a person who represents a mental health
service user or mental patient’s rights or interests;
“treatment” means an intervention given to control, cure or
provide relief from symptoms of a disorder, an illness,
impairment or cognitive and psycho-social disability,
approved by a relevant regulatory authority; and
“voluntary admission” means the provision of mental health
interventions to a person who gives informed consent to
the health interventions.

rity; and
“voluntary admission” means the provision of mental health
interventions to a person who gives informed consent to
the health interventions.

3. The following principles apply to the determination of a
condition of a mental patient:
(a) the determination of whether a person is a mental patient
shall be made in accordance with principles in this Act
and the applicable diagnostic criteria and relevant
professional standards;
(b) the determination of whether a person is a mental patient
shall not be made on the basis of political, economic or
social status or membership in a cultural, racial or
religious group, or for any other reason not directly
relevant to the mental health status of a person;
Mental Health [No. 6 of 2019 173
Act No. 24
of 2009
Act No. 6
of 2012
Act No. 6
of 2012
General
principles
for
determination
of condition
of mental
patient

l Health [No. 6 of 2019 173
Act No. 24
of 2009
Act No. 6
of 2012
Act No. 6
of 2012
General
principles
for
determination
of condition
of mental
patient

(c) a family or professional conflict, or non-conformity with
moral, social, cultural or political values or religious beliefs
prevailing in a person’s community, shall not be a
determining factor in the diagnosis of mental illness; and
(d) a background of past treatment or hospitalisation of a
mental patient shall not be used as a basis to justify any
present or future determination of mental illness. PART II
LEGAL CAPACITY AND RIGHTS OF MENTAL PATIENTS
4. (1) Subject to the other provisions of this Act, a mental
patient shall enjoy legal capacity. (2) Where the nature of the mental illness, mental disorder or
mental disability results in the absence of mental capacity of that
mental patient, the mental patient shall not enjoy legal capacity
and is legally disqualified from performing a function that requires
legal capacity. (3) Where a mental patient lacks legal capacity, a court may
appoint a supporter. (4) A mental patient who has legal capacity under subsection
(1), may appoint a supporter through advance instructions.

court may
appoint a supporter. (4) A mental patient who has legal capacity under subsection
(1), may appoint a supporter through advance instructions.

(5) Where a court declares that a mental patient does not have
legal capacity, that person is legally disqualified under subsection
(4) and any other written law. 5. A person, shall respect, safeguard the dignity, and uphold
the rights of a mental patient. 6. (1) A person shall not discriminate against a mental patient. (2) A person shall not exploit or subject a mental patient to
abusive, violent or degrading treatment including gender based
aspects. (3) A person shall not call a mental patient by a derogatory
name on account of a disability of that mental patient. 7. (1) The Minister shall, in consultation with other relevant
Ministries, take policy measures to promote mental health. (2) Without prejudice to the generality of subsection (1), the
Minister shall ensure that the policy measures are aimed at—
174 No. 6 of 2019] Mental Health
Legal
capacity
Duty to
respect and
uphold
rights and
dignity of
mental
patients
Prohibition
of
discrimina-
tion,
degrading
treatment
and use of
derogatory
names
Promotion
of mental
health and
preventive
programmes

mental
patients
Prohibition
of
discrimina-
tion,
degrading
treatment
and use of
derogatory
names
Promotion
of mental
health and
preventive
programmes

(a) preventing or reducing the occurrence of mental illness;
(b) enhancing awareness about mental health;
(c) preventing or reducing stigma associated with mental
illness;
(d) training and sensitisation of law enforcement officers and
adjudicators on mental health issues;
(e) ensuring the provision of adequatemental health services
by—
(i) training health care providers in public health
facilities and correctional centres in basic and
emergency mental health care and in human
rights of mental patients;
(ii) necessary infrastructure provision and
development; and
(iii) making available finances, medical and non-
medical supplies. PART III
THE NATIONAL MENTAL HEALTH COUNCIL
8. There is established the National Mental Health Council
which is a body corporate with perpetual succession and a common
seal, capable of suing and being sued in its corporate name, and
with power subject to the other provisions of this Act, to do all acts
and things that a body corporate may by law do or perform. 9. (1) The seal of the Council shall be a device that may be
determined by the Board and shall be kept by the Secretary.

ate may by law do or perform. 9. (1) The seal of the Council shall be a device that may be
determined by the Board and shall be kept by the Secretary.

(2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Secretary or any
other person authorised in that behalf by a resolution of the Board. (3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, would not be required to
be under seal, may be entered into or executed without seal on
behalf of the Council by the Secretary or any other person generally
or specifically authorised by the Board in that behalf. (4) A document purporting to be a document under seal of the
Council or issued on behalf of the Council shall be received in
evidence and shall be deemed to be so executed or issued, without
proof, unless the contrary is proved. 10. The functions of the Council are to—
(a) promote and protect the rights of a mental patient;
(b) facilitate the development of integrated, effective and
efficient methods or systems of providing mental health
services at all levels;
Mental Health [No. 6 of 2019 175
Establishment
of National
Mental
Health
Council
Seal of
Council
Functions of
Council

l health
services at all levels;
Mental Health [No. 6 of 2019 175
Establishment
of National
Mental
Health
Council
Seal of
Council
Functions of
Council

(c) collaborate with local and international organisations for
the promotion of mental health;
(d) facilitate and promote communication about mental health
issues, including the elimination of stigma and
discrimination against a mental patient;
(e) facilitate the mobilisation of resources for mental health
services;
(f) advise the Minister on all policy matters related to mental
health;
(g) liaise with the body responsible for the health profession
on the professional conduct and inspections of mental
health facilities and correctional centres in accordance
with acceptable national and international standards;
(h) liaise with Zambia Agency for Persons with Disabilities
and relevant institutions on mental health related
programmes;
(i) develop guidelines for special and intrusive treatment of a
mental patient;
(j) facilitate research on any matter relevant to mental health
issues;
(k) develop systems and facilitate the monitoring and evaluation
of mental health service delivery;
(l) facilitate the development and provision of adequate and
standard infrastructure for mental health services;
(m) facilitate the development and implementation of
community-based mental health services; and
(n) promote de-institutionalisation.

health services;
(m) facilitate the development and implementation of
community-based mental health services; and
(n) promote de-institutionalisation.

11. (1) There is constituted a Board of the Council which
consists of the following part-time members appointed by the
Minister:
(a) one representative each of the ministries responsible
for—
(i) correctional services;
(ii) social welfare;
(iii) health;
(iv) finance; and
(v) local government;
(b) a representative of the Attorney-General;
(c) a representative of the Administrator-General and Official
Receiver;
176 No. 6 of 2019] Mental Health
Board of
Council

ve of the Attorney-General;
(c) a representative of the Administrator-General and Official
Receiver;
176 No. 6 of 2019] Mental Health
Board of
Council

(d) a representative of the Human Rights Commission;
(e) a representative of the General Nursing Council of Zambia;
(f) a representative of the Health Professions Council of
Zambia;
(g) a representative of a relevant non-governmental
organisation dealing with mental health issues;
(h) a Psychiatrist; and
(i) one other person from the community with experience
and knowledge in mental health issues. (2) The Minister shall appoint the Chairperson of the Board
from among the members who are not public officers. (3) The Members shall elect the Vice-Chairperson of the Board
from among themselves. (4) A person is not qualified to be appointed as a member if
that person—
(a) is not a citizen of Zambia;
(b) is an undischarged bankrupt;
(c) is legally disqualified from performing the functions of a
member;
(d) has been convicted of an offence under any written law
and sentenced to imprisonment for a period exceeding
six months without the option of a fine within a period
of five years preceding the appointment;
(e) has been found guilty of professional misconduct; or
(f) is an employee of the Council. (5) The provisions of the Schedule apply to the Board. 12.

(e) has been found guilty of professional misconduct; or
(f) is an employee of the Council. (5) The provisions of the Schedule apply to the Board. 12.

Subject to this Act, the functions of the Board are to—
(a) review the policy and strategic plan of the Council;
(b) oversee the implementation and successful operation of
the policy and functions of the Council;
(c) approve the annual budget and plans of the Council;
(d) monitor and evaluate the performance of the Council
against budgets and plans; and
(e) establish and approve rules and procedures for the
appointment, discipline, termination and terms and
conditions of service of the staff of the Council. Mental Health [No. 6 of 2019 177
Functions of
Board

ointment, discipline, termination and terms and
conditions of service of the staff of the Council. Mental Health [No. 6 of 2019 177
Functions of
Board

13. The Board may, subject to this Act, by direction, in writing,
and subject to any terms and conditions that it considers necessary,
delegate to the Executive Director any of its functions under this
Act. 14. (1) The Board shall appoint the Executive Director who
shall be the chief executive officer of the Council on the terms
and conditions that the Board may determine with the approval of
the Emoluments Commission. (2) The Executive Director shall, subject to the control of the
Board, be responsible for the day-to-day administration of the
Council. (3) A person shall not be appointed as the Executive Director
unless that person is a psychiatrist. (4) The Executive Director shall attend meetings of the Board
and any committee of the Board, and may address that meeting,
but shall not vote on any matter. (5) The Board may, appoint, on the terms and conditions that
the Board may determine with the approval of the Emoluments
Commission, other staff that the Board considers necessary for
the performance of the functions of the Council. PART IV
MENTAL HEALTH SERVICES
15.

nts
Commission, other staff that the Board considers necessary for
the performance of the functions of the Council. PART IV
MENTAL HEALTH SERVICES
15.

(1) A mental health facility shall put in place appropriate
measures to ensure—
(a) availability of mental health services at all levels of mental
health care;
(b) adequate financial and geographical accessibility;
(c) provision of services that meet prescribed minimum
standards; and
(d) access to psychiatric medication. (2) Mental health services shall be provided on an equal basis
with physical health services where possible. (3) Mental health services shall—
(a) be integrated within the general health services;
(b) be provided in specialised public and private health facilities;
(c) be provided in designated health facilities for forensic mental
patients;
(d) promote in mental patient and out mental patient services
at community level;
178 No. 6 of 2019] Mental Health
Delegation
of functions
of Board
Executive
Director and
other staff
Access to
mental
health
services

community level;
178 No. 6 of 2019] Mental Health
Delegation
of functions
of Board
Executive
Director and
other staff
Access to
mental
health
services

(e) promote the rights and interests of mental patients;
(f) promote and improve the mental health status of the
population; and
(g) provide primary health care. (4) A health practitioner who is not a psychiatrist shall not
cause a mental patient to receive prescribed psychiatric medication
for more than six months without being authorised by a psychiatrist
who is designated to provide medication and review psychiatric
treatment. (5) A health practitioner shall provide mental health services
in a manner that facilitates the involvement of the community, family
members and support persons. (6) A head of a mental health facility or institution or any other
person delegated with the duties under this Part shall follow the
prescribed exemption criteria for categories of mental patients
eligible for free health services at public health facilities.

s Part shall follow the
prescribed exemption criteria for categories of mental patients
eligible for free health services at public health facilities.

(7) In prescribing the exemption criteria referred to under
subsection (6), regard shall be given to the—
(a) range of free mental health services currently available;
(b) categories of mental patients already receiving free mental
health services;
(c) therapeutic impact to mental patients; and
(d) needs of groups such as women, children, elderly persons,
inmates, other persons with disabilities and persons
receiving compensation for compensable occupational
diseases. PART V
RIGHTS AND RESPONSIBILITIES OF MENTAL PATIENTS
16. A mental patient has the right to—
(a) effective, timely, safe, considerate and respectful care
and support;
(b) obtain from mental health practitioners appropriate, current
and understandable information about diagnosis,
treatment and prognosis;
(c) discuss and request information about the specific
procedures or treatments, the risks involved, the possible
length of recuperation and the medically reasonable
alternatives and their risks and benefits;
(d) know the identity of the mental health practitioner involved
in the care of the mental health services user;
Mental Health [No. 6 of 2019 179
Right of
mental
patient

ty of the mental health practitioner involved
in the care of the mental health services user;
Mental Health [No. 6 of 2019 179
Right of
mental
patient

(e) make decisions about the plan of care before and during
treatment;
(f) refuse a recommended treatment or plan of care to the
extent allowed by law and to be informed of the medical
consequences of that refusal;
(g) alternative appropriate care and services provided by the
hospital or be transferred to another hospital in the case
of a refusal of recommended treatment or plan of care;
(h) be notified by the hospital of any policy that might affect
choice of treatment and care within the institution;
(i) supported decision making regarding treatment;
(j) privacy during case discussion, consultation, examination,
and treatment;
(k) access to personal records of treatment and an explanation
or interpretation of information, where necessary;
(l) consent or decline taking part in a research study or human
experimentation affecting treatment and care or
requiring direct mental patient involvement, and have
those studies fully explained prior to consent as provided
for in the National Health Research Act, 2013;
(m) be informed of available alternative dispute resolution
mechanisms; and
(n) be protected from forced or inadequately remunerated
labour within an institution, work place and the
community.

ispute resolution
mechanisms; and
(n) be protected from forced or inadequately remunerated
labour within an institution, work place and the
community.

17. Subject to the other provisions of this Act, a mental patient
shall—
(a) provide information relating to mental illness including
mental health interventions;
(b) provide information relating to the next of kin where a
mental patient will not be in a position to provide
information;
(c) participate effectively in decision making and request
additional information or explanation about the health
status or treatment when they do not fully understand
information and instructions; and
(d) provide information on mode of payment for mental health
services. 180 No. 6 of 2019] Mental Health
Act No. 2
of 2013
Responsibili-
ties of
mental
patient

ide information on mode of payment for mental health
services. 180 No. 6 of 2019] Mental Health
Act No. 2
of 2013
Responsibili-
ties of
mental
patient

18. (1) A mental health facility or correctional centre shall
take steps to ensure that, the mental patient—
(a) is accorded privacy and confidentiality relating to
information obtained in the therapeutic relationship, and
that the information given shall only be used for the
purpose of improving the mental patient’s mental health;
(b) is protected from exploitation, abuse or any cruel or
degrading treatment;
(c) is informed when personal information is passed on to a
third party; and
(d) has unrestricted access to information concerning that
mental patient’s mental health care, treatment,
rehabilitation and palliation. PART VI
STANDARDS OF CARE AND TREATMENT
19. (1) A mental patient or forensic mental patient shall receive
mental health services which is appropriate for that patient’s needs
in accordance with relevant health service standards. (2) Amental patient or forensic mental patient shall be protected
from harm, inappropriate medication, or acts causing mental distress
or physical discomfort and abuse by other mental patients, staff,
family members or any other person.

iate medication, or acts causing mental distress
or physical discomfort and abuse by other mental patients, staff,
family members or any other person.

(3) A mental patient or forensic mental patient shall be treated
in the least restrictive environment and with the least restrictive or
intrusive treatment appropriate to the mental patient’s health needs
and the need to protect the physical safety of the mental patient or
any other person. (4) Despite subsection (3), a mental health facility may treat a
mental patient or forensic mental patient in a more restrictive
environment for a period required to give effect to the appropriate,
treatment, care, support, rehabilitation and palliation. (5) The treatment of a mental patient or forensic mental patient
shall be directed towards restoring and enhancing personal
autonomy. 20. (1) A health facility shall, on admission, inform a mental
patient or forensic mental patient of the—
(a) rights of that mental patient or forensic mental patient, in
a form and language which a mental patient or forensic
mental patient understands; and
Mental Health [No. 6 of 2019 181
Privacy,
dignity and
confidentiality
Standards of
care and
treatment
Notice of
health care
standards
and rights

; and
Mental Health [No. 6 of 2019 181
Privacy,
dignity and
confidentiality
Standards of
care and
treatment
Notice of
health care
standards
and rights

(b) health care standards which the mental patient or forensic
mental patient is entitled to receive. (2) Where a mental patient or forensic mental patient is unable
to understand the information communicated under subsection (1),
that information shall be communicated to a supporter. 21. A mental health facility shall meet the following minimum
standards for the provision of the mental health services:
(a) provide a qualified psychiatrist or a mental health
practitioner and other appropriate professional staff;
(b) have adequate space;
(c) implement an appropriate and active therapy programme;
(d) avail and maintain medical and non-medical equipment,
diagnostic and therapeutic equipment, kitchen, laundry
and mortuary;
(e) provide information communication technology, security
systems and equipment, and transport; and
(f) ensure adequate and consistent medical and nonmedical
supplies. (2) A mental health facility shall be inspected as provided for
under the Health Professions Act, 2009, the Nurses and Midwives
Act, 1997, and the Medicines and Allied Substances Act, 2013. PART VII
CONSENT
22.

for
under the Health Professions Act, 2009, the Nurses and Midwives
Act, 1997, and the Medicines and Allied Substances Act, 2013. PART VII
CONSENT
22.

(1) A mental health facility shall only provide treatment,
care, support, rehabilitation and palliation services to, or admit a
mental patient where—
(a) the mental patient or a supporter has consented to the
admission, treatment, care, rehabilitation or palliation;
(b) the Board authorises the admission, treatment care,
rehabilitation or palliation;
(c) the admission, treatment, care, support, rehabilitation or
palliation services if not done may result in—
(i) death or irreversible harm to a mental patient;
(ii) a mental patient inflicting serious harm to oneself
or another person; or
(iii) a mental patient causing serious damage to, or
loss of, property. 182 No. 6 of 2019] Mental Health
Minimum
standards for
mental
health
facilities
Act No. 24
of 2009
Act No. 31
of 1997
Act No. 3 of
2013
Consent to
admission,
treatment,
care,
rehabilitation
and
palliation
services and
admission to
health
facility

09
Act No. 31
of 1997
Act No. 3 of
2013
Consent to
admission,
treatment,
care,
rehabilitation
and
palliation
services and
admission to
health
facility

(2) A mental health facility that provides admission, treatment,
care, support, rehabilitation or palliation services under subsection
(1) (c)—
(a) shall render a report, in writing, to the Council in the
prescribed manner; and
(b) may only provide the admission, treatment, care, support,
rehabilitation or palliation services for a period of
seventy-two hours unless an application is made to the
Board within that period for the provision of services
or admission for a longer period. (3) A mental health practitioner shall minimise admission,
treatment, care, support rehabilitation or palliation services without
informed consent. (4) Where a mental patient requires special treatment which
cannot be administered routinely to the mental patient even with
the mental patient’s consent, three medical doctors, one of whom
shall be a psychiatrist shall certify that the person concerned is
capable of understanding the nature, purpose and likely effects of
the treatment. 23. (1) Where a mental patient is unable to give consent to
the treatment, the consent may be given by a supporter.

d likely effects of
the treatment. 23. (1) Where a mental patient is unable to give consent to
the treatment, the consent may be given by a supporter.

(2) Where the mental patient is below the age of eighteen
years the consent may be made by the mental patient’s parent or
guardian. 24. (1) A mental patient who understands the mental patients
right to decide on an option of treatment shall state in advance the
mental patient’s choice of treatment. (2) An advance decision may be in writing and signed by the
mental patient, a recorded oral statement or a note of a particular
discussion recorded on the mental patient’s file, except that where
a mental patient’s advance decision relates to a refusal of
lifeprolonging treatment, this shall be recorded in writing. (3) An advance decision shall be either a—
(a) statement authorising or requesting specific procedures;
or
(b) clear instruction refusing some or all medical procedures. (4) An advance decision shall be legally binding where the
mental patient is an adult and competent to make an informed
decision. Mental Health [No. 6 of 2019 183
Proxy
consent to
treatment
Advance
decision

he
mental patient is an adult and competent to make an informed
decision. Mental Health [No. 6 of 2019 183
Proxy
consent to
treatment
Advance
decision

(5) Where a mental patient subsequently grants a person a
power of attorney to make a decision, an advance decision which
was made by the mental patient ceases to have effect. PART VIII
ADMISSION, TREATMENT, CARE, SUPPORT, REHABILITATION
OR PALLIATION
25. (1) A mental health facility shall where a person requires
treatment at a mental health facility, endeavour to ensure that—
(a) there is voluntary admission;
(b) the procedure for admission to a mental health facility is
consistent with a hospital treating physical health; and
(c) while admission or treatment on a voluntary basis shall be
the preferred practice, involuntary admission or
treatment, shall be provided where they are necessary
for the health and safety of the mental patient. (2) A person on voluntary admission, treatment, care, support,
rehabilitation or palliation services may leave the mental health
facility at any time in accordance with the prescribed regulations. (3) An involuntary admission shall be carried out as prescribed. 26.

mental health
facility at any time in accordance with the prescribed regulations. (3) An involuntary admission shall be carried out as prescribed. 26.

A mental health practitioner shall conduct an involuntary
admission in an emergency situation where it is not possible or
reasonable to comply with a procedure for voluntary admission
and treatment. PART IX
SPECIAL TREATMENT
27. (1) A special treatment such as electro-convulsive therapy
or psycho-surgery shall be—
(a) provided in accordance with written instructions by a
psychiatrist; and
(b) applied under the authorisation and supervision of a
consultant psychiatrist. (2) Seclusion and restraint shall—
(a) be provided under an authorisation and supervision of a
consultant psychiatrist;
(b) not exceed seventy-two hours unless an application is
made to the Board within that period for the seclusion
or restraint for a longer period; and
(c) be undertaken with intermittent reviews. 184 No. 6 of 2019] Mental Health
Admission,
treatment,
care,
support,
rehabilitation
or palliation
Involuntary
admission
and
treatment in
emergency
Special
treatment

19] Mental Health
Admission,
treatment,
care,
support,
rehabilitation
or palliation
Involuntary
admission
and
treatment in
emergency
Special
treatment

(3) A psychiatrist shall, after the period of seclusion and restraint
referred to under subsection (2) (b), prepare a report to the Board
on the mental health status of the mental patient and may
recommend release from, or extension of, the seclusion or restraint. 28. A clinical or experimental research and development of
drugs to be administered as part of special treatment shall be
conducted in accordance with the National Health Research Act,
2013. PART X
CRIMINAL PROCEDURES FOR FORENSIC MENTAL PATIENTS
29. The Minister shall, in consultation with the Minister
responsible for correctional services, designate a health facility which
may admit, treat, care, provide a rehabilitation and palliation service
to a forensic mental patient. 30. (1) Where a court issues an order for a forensic mental
patient to be admitted for mental health services, the Registrar or
the Clerk of the court shall send a copy of that order to a designated
health facility. (2) A designated health facility shall examine the forensic
mental patient within fourteen days of the date of the court order. 31.

d
health facility. (2) A designated health facility shall examine the forensic
mental patient within fourteen days of the date of the court order. 31.

(1) Where a mental health practitioner is of the opinion
that it would be for the benefit of a forensic mental patient admitted
in a designated health facility, or that it is necessary for the purpose
of obtaining special treatment for the forensic mental patient,
transfer the forensic mental patient to another designated health
facility after obtaining consent from the designated health facility
where the forensic patient is being transferred to. (2) In the case of a forensic patient under a correctional centre,
consent shall be obtained from the Commissioner-General of Zambia
Correctional Service. 32. Where a forensic mental patient has absconded or is
considered by the in-charge of a designated health facility to have
absconded, the in-charge of that designated health facility shall
immediately notify the police in writing. 33. (1) The in-charge of a designated health facility shall ensure
that the forensic mental patient is reviewed every six months by a
psychiatrist, and submit a report to the Minister responsible for
correctional services, in the prescribed manner and form. (2) The review under subsection (1), shall include
recommendations on—
Mental Health [No.

or
correctional services, in the prescribed manner and form. (2) The review under subsection (1), shall include
recommendations on—
Mental Health [No.

6 of 2019 185
Act No.2 of
2013
Designation
of health
facility for
forensic
mental
patients
Admission
of
forensic
mental
patient to
designated
health
facility
Referral of
forensic
mental
patient
between
designated
health
facilities
Forensic
mental
patient who
absconds
Clinical or
experimental
research and
development
of drugs
Periodic
review of
mental
health
status of
forensic
mental
patient

tal
patient who
absconds
Clinical or
experimental
research and
development
of drugs
Periodic
review of
mental
health
status of
forensic
mental
patient

(a) a plan for further treatment, care, support, rehabilitation
or palliation service of a forensic mental patient; or
(b) the discharge of a forensic mental patient from a designated
health facility. PART XI
MENTALLY ILL INMATES AND UNCONVICTED INMATES
34. (1) Where an officer-in-charge of a correctional centre
observes or receives information that an inmate may be mentally
ill, the officer-in charge of the correctional centre shall cause the
mental health status of the inmate to be examined within forty-
eight hours—
(a) by a psychiatrist; or
(b) where a psychiatrist is not readily available, by—
(i) a medical practitioner; or
(ii) a mental health care practitioner. (2) The person conducting the assessment under subsection
(1) shall submit a written report to the officer-in-charge of the
correctional centre, within fourteen days of the assessment and
shall specify in the report—
(a) the mental health status of the inmate; and
(b) a plan for the treatment, care, support, rehabilitation or
palliation of that inmate. 35.

report—
(a) the mental health status of the inmate; and
(b) a plan for the treatment, care, support, rehabilitation or
palliation of that inmate. 35.

Where a mental health practitioner conducting the
assessment referred to in section 34, finds that the mental illness of
the inmate is of a nature that the inmate concerned may appropriately
be treated, cared for rehabilitated or palliated, in the correctional
centre, the officer-in-charge of a correctional centre shall take
the necessary steps to ensure that the required levels of treatment,
care, support, rehabilitation and palliation services are provided to
that inmate. 36. (1) Where a mental health practitioner conducting the
assessment referred to in section 34, finds that the mental illness of
an inmate is of a nature that requires the inmate to be treated and
cared for in a designated health facility referred to in section 22,
the officer-in-charge of the correctional centre shall, within forty-
eight hours, cause the inmate to be transferred to a mental health
facility. (2) Despite subsection (1), where the mental health practitioner
recommends that an inmate or unconvicted inmate may be treated,
cared for, supported, rehabilitated or palliated at a designated health
186 No.

tioner
recommends that an inmate or unconvicted inmate may be treated,
cared for, supported, rehabilitated or palliated at a designated health
186 No.

6 of 2019] Mental Health
Assessment
of mental
health
status of
inmate
Treatment,
care
rehabilitation
and
palliation of
inmates with
mental
illness
Referral of
mentally ill
inmate or
unconvicted
inmate to
designated
health
facility

care
rehabilitation
and
palliation of
inmates with
mental
illness
Referral of
mentally ill
inmate or
unconvicted
inmate to
designated
health
facility

facility, the mental health practitioner shall recommend to the
officer-in-charge of the correctional centre the transfer of that
inmate or unconvicted inmate to the designated health facility. 37. (1) The head of a mental health facility in which a mentally
ill inmate is admitted shall cause the mental health status of the
mentally ill inmate to be reviewed, and prepare and submit a report
to the officer-in-charge of the relevant correctional centre. (2) The review shall—
(a) specify the mental health status of the mentally ill inmate;
and
(b) set out recommendations regarding a plan for further
treatment, care and rehabilitation services for the
mentally ill inmate. 38. Where the in-charge of a designated health facility has
established that the mentally ill inmate has recovered from a mental
illness such that the inmate no longer requires treatment, care,
support, rehabilitation or palliation or that the required treatment,
care, support, rehabilitation or palliation can be given in a correctional
centre, the in-charge of a designated health facility shall prepare
and submit a discharge report to the officer-in-charge of the
correctional centre. PART XII
GENERAL PROVISIONS
39.

nated health facility shall prepare
and submit a discharge report to the officer-in-charge of the
correctional centre. PART XII
GENERAL PROVISIONS
39.

(1) The Minister may, by statutory instrument in
consultation with the Council, make regulations to give effect to
the purposes and provisions of this Act. (2) Without limiting the generality of subsection (1), the Minister
may make regulations for the—
(a) forms and certificates to be used for the purposes of the
Act;
(b) guidelines for the establishment, development, maintenance
and management of mental health facilities;
(c) exemption criteria for categories of mental patients eligible
for free health services at public facilities;
(d) procedure and form for foreign mental health service users
or mental patients coming to Zambia and mental health
service users seeking treatment abroad including
foreigners who are either on short or long stay, the
transfer of mental patients between designated health
facilities;
Mental Health [No. 6 of 2019 187
Review of
mental
health status
of mentally
ill inmate
Discharge
procedure of
mentally ill
inmate
Regulations

ilities;
Mental Health [No. 6 of 2019 187
Review of
mental
health status
of mentally
ill inmate
Discharge
procedure of
mentally ill
inmate
Regulations

(e) after care services, support, rehabilitation and palliation
programmes for mental health service users and mental
patients;
(f) establishment of transit homes and boarding home care
services;
(g) de-institutionalisation of mental patients; and
(h) administration of special treatments. 40. A person who commits an offence under this Act for which
a specific penalty is not provided is liable, on conviction, to a fine
not exceeding one hundred thousand penalty units or to imprisonment
for a period not exceeding one year, or to both. 41. The Mental Disorders Act, 1949, is repealed. 42.

undred thousand penalty units or to imprisonment
for a period not exceeding one year, or to both. 41. The Mental Disorders Act, 1949, is repealed. 42.

On the commencement of this Act—
(a) an order made under the repealed Act that is still in force
shall continue as if made under this Act;
(b) an estate and property of a mental patient that was being
administered under the repealed Act shall continue to
be administered as if the order for the administration of
the estate or property was made under this Act;
(c) a mental patient under an order of detention pending
removal shall be deemed to be lawfully detained under
this Act;
(d) an institution established for the reception, treatment or
detention of a mental patient shall continue to exist as if
established under this Act;
(e) wherever in any written law a reference to a lunatic or to
lunacy, to an asylum or similar terms are contained, that
reference shall be read and construed as a reference
to a mental patient or similar terms, within the meaning
of this Act; and
(f) wherever in any written law a reference to mental disability
or legal disqualification, or similar terms are contained,
that reference shall be read and construed as a reference
to a person being legally disqualified from performing a
function under that Act for the purposes section 4. 188 No.

read and construed as a reference
to a person being legally disqualified from performing a
function under that Act for the purposes section 4. 188 No.

6 of 2019] Mental Health
General
penalty
Repeal of
Mental
Disorders
Act, No. 21
of 1949
Savings and
transitional
provisions

6 of 2019] Mental Health
General
penalty
Repeal of
Mental
Disorders
Act, No. 21
of 1949
Savings and
transitional
provisions

SCHEDULE
(Section 11 (5))
ADMINISTRATION OF COUNCIL
PART I
THE BOARD OF COUNCIL
1. (1) A member shall hold office for a term of three years
and may be re-appointed for one further term of three years. (2) A member shall, on the expiration of the period for which
the member is appointed, continue to hold office until a successor
is appointed, but in no case shall the further period exceed four
months. (3) A member may resign on giving one month’s notice, in
writing, to the Minister.

ointed, but in no case shall the further period exceed four
months. (3) A member may resign on giving one month’s notice, in
writing, to the Minister.

(4) The office of a member becomes vacant if the member—
(a) dies;
(b) is absent, without reasonable excuse, from three
consecutive meetings of the Board of which the member
had notice;
(c) is adjudged bankrupt;
(d) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a period
exceeding six months without the option of a fine within
a period of five years preceding the appointment;
(e) is removed by the Minister for good cause on the following
grounds:
(i) the member acts dishonourably, improperly,
fraudulently, dishonestly or disorderly; or
(ii) the institution which the member represents
withdraws its support of the member as its
representative and informs the Minister
accordingly; or
(f) becomes legally disqualified from performing the functions
of a member. (5) The Minister shall, wherever the office of a member
becomes vacant before the expiry of the term of office, appoint
another person in place of that member but that person shall hold
office as a member only for the unexpired part of the term of the
Board. Mental Health [No. 6 of 2019 189
Tenure of
office of
member and
vacancy

hold
office as a member only for the unexpired part of the term of the
Board. Mental Health [No. 6 of 2019 189
Tenure of
office of
member and
vacancy

2. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure. (2) The Board shall meet for the transaction of business at
least once in every three months at a place and time that the
Board may determine. (3) The Chairperson may call a meeting of the Board on giving
notice of not less than fourteen days, and shall be called if one-
third of the members so request, in writing, except that if the urgency
of a particular matter does not permit the giving of that notice, a
special meeting may be called on giving a shorter notice. (4) Seven members shall constitute a quorum of a meeting of
the Board. (5) There shall preside at a meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the vice-Chairperson;
or
(c) in the absence of the Chairperson and Vice-Chairperson,
another member that the members present may elect
for the purpose of that meeting. (6) A decision of the Board on any question shall be by a majority
of the members present and voting at the meeting and in the event
of an equality of votes, the person presiding at the meeting shall
have, in addition to a deliberative vote, a casting vote.

meeting and in the event
of an equality of votes, the person presiding at the meeting shall
have, in addition to a deliberative vote, a casting vote.

(7) The Board may invite a person whose presence is in its
opinion, desirable to attend and participate in the deliberations of a
meeting of the Board, but that person shall have no vote. (8) The validity of any proceedings, act or decision of the Board
shall not be affected by any vacancy in the membership of the
Board or any defect in the appointment of any member or by reason
that any person not entitled to do so, took part in the proceedings. (9) The Board shall cause minutes to be kept of the proceedings
of every meeting of the Board and any committee established by
the Board. 3. A member of the Board or a committee of the Board shall
be paid allowances that the Minister may determine with the
approval of the Emoluments Commission. 190 No. 6 of 2019] Mental Health
Proceedings
of Board
Allowances

ances that the Minister may determine with the
approval of the Emoluments Commission. 190 No. 6 of 2019] Mental Health
Proceedings
of Board
Allowances

4. (1) The Board may, for purposes of performing its functions,
establish committees that it considers necessary and delegate to
any of those committees any of its functions or the functions of the
Council. (2) The Board may appoint as members of a committee persons
who are not members of the Board, except that at least one member
of the Board shall be a member of a committee. (3) Despite the generality of subparagraphs (1) and (2), the
Board may appoint special committees, composed of some
members of the Board and persons representing relevant regulatory
agencies, to carry out functions under this Act or perform such
other regulatory functions that require collaborative effort with other
regulatory agencies. (4) A person serving as a member of a committee shall hold
office for a period that the Board may determine. (5) Subject to any specific or general direction of the Board, a
committee may regulate its own procedure. 5.

r a period that the Board may determine. (5) Subject to any specific or general direction of the Board, a
committee may regulate its own procedure. 5.

(1) A person who is present at a meeting of the Board or a
committee of the Board at which any matter is the subject of
consideration, and in which matter that person or that person’s
relative or associate is directly or indirectly interested in a private
capacity shall, as soon as is practicable after the commencement
of the meeting, declare that interest and shall not, unless the Board
or the committee otherwise directs, take part in any consideration
or discussion of, or vote on, any question relating to, that matter. (2) A disclosure of interest made under subparagraph (1) shall
be recorded in the minutes of the meeting at which it is made. (3) A person who contravenes subparagraph (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or imprisonment for a term not
exceeding two years, or to both. (4) For the purposes of this paragraph—
“associate” has the meaning assigned to the word in the Anti-
Corruption Act, 2012; and
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012. Mental Health [No. 6 of 2019 191
Committees
of Board
Disclosure
of interest
Act No. 3 of
2012
Act No. 3 of
2012

ord in the Anti-
Corruption Act, 2012. Mental Health [No. 6 of 2019 191
Committees
of Board
Disclosure
of interest
Act No. 3 of
2012
Act No. 3 of
2012

6. (1) A person shall not, without the consent, in writing, given
by or on behalf of the Council, publish or disclose to an unauthorised
person, otherwise than in the course of that person’s duties, the
contents of a document, communication or information which relates
to, or which has come to the knowledge of that person in the course
of that person’s duties under this Act. (2) A person who contravenes subparagraph (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. (3) A person who, having any information which to the
knowledge of that person has been published or disclosed in
contravention of subparagraph (1), unlawfully publishes or
communicates the information to another person commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 7.

iable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 7.

An action or other proceeding shall not lie or be instituted
against a member of the Board, committee of the Board or a member
of staff of the Council for, or in respect of, an act or thing done or
omitted to be done in good faith in the exercise or performance of
any of the powers conferred under this Act. PART II
FINANCIAL PROVISIONS
8. (1) The funds of the Council consist of moneys that may—
(a) be appropriated to the Council by Parliament for the
purposes of the Council;
(b) be paid to the Council by way of fees, charges, grants or
donations; and
(c) otherwise vest in or accrue to the Council. (2) The Council may—
(a) accept moneys by way of grants, gifts, bequests or
donations from any source in the Republic and subject
to the prior approval of the Minister, in writing, from
any source outside the Republic;
(b) subject to the approval of the Minister, raise by way of
loans or otherwise, moneys that it may require for the
performance of its functions; and
(c) in accordance with the Regulations made under this Act,
charge fees for services provided by the Council. 192 No.

erformance of its functions; and
(c) in accordance with the Regulations made under this Act,
charge fees for services provided by the Council. 192 No.

6 of 2019] Mental Health
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Immunity
Financial
Provisions

6 of 2019] Mental Health
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Immunity
Financial
Provisions

(3) There shall be paid from the funds of the Council—
(a) salaries, allowances, loans, gratuities and pensions of staff
of the Council, and other payments for the recruitment
and retention of staff;
(b) reasonable travelling and subsistence allowances for
members, of the commissions or any committee of the
Council, when engaged on the business of the Council
at such rates that the Emoluments Commission may
determine; and
(c) any other expenses incurred by the Council in the
performance of its functions. (4) The Council may, after the approval of the Minister, invest
in a manner that the Council thinks fit funds that it does not
immediately require for the performance of its functions. 9. The financial year of the Council shall be a period of twelve
months ending on 31st December of each year. 10. (1) The Council shall cause to be kept proper books of
accounts and other records relating to its accounts. (2) The accounts of the Council shall be audited annually by
an external auditor appointed by the Auditor-General. (3) The external auditor’s fees shall be paid by the Council. 11.

l shall be audited annually by
an external auditor appointed by the Auditor-General. (3) The external auditor’s fees shall be paid by the Council. 11.

(1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Council shall submit to the
Minister a report concerning its activities during the financial year. (2) The report referred to in subsection (1) shall include
information on the financial affairs of the Council and there shall
be appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income; and
(c) such other information as the President may require. (3) The Minister responsible for finance shall cause to be
prepared an annual statement of the income and expenditure of
the Council to be laid before the National Assembly. Mental Health [No. 6 of 2019 193
Financial
Year
Accounts
Annual
report

194