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         LAWS OF GOLD COAST

       GOLD COAST

VACCINATION ORDINANCE, 1951 (CAP 76)

CHAPTER 76

(Gold Coast)

ARRANGEMENT OF SECTIONS

Section

1. Short Title and Application.

2. Interpretation.

3. Public Vaccinators and Assistant Public Vaccinators.

4. Vaccination to be Free.

5. Power of Minister to order Compulsory Vaccination.

6. Regulations by Deputy Director of Health Service.

7. Vaccination of Adults.

8. Vaccination of Children.

9. Power of Public Vaccinators to Enter Houses, etc., and Vaccinate.

10. Power to Examine and Vaccinate Strangers.

11. Employers of Foreign Labour to Notify Arrival.

12. Certificate of Vaccination.

13. Fees.

14. Prohibition of the Practice of Inoculation.

15. Regulations by Governor in Council.

16. Date of Commencement of Order, etc.

17. Penalties.

18. Savings in respect of Certificates of Medical Practitioners.

19. Savings of Orders made in respect of Ashanti and Northern Territories.

SCHEDULE

Scheudule

McCarthy Cap. 63. Ordinances Nos. 20 of 1919, 30 of 1935, 19 of 1936.

AN ORDINANCE to provide for Vaccination

Date of Commencement. [1st January, 1920.]

Section 1—Short Title and Application.

This Ordinance may be cited as "The Vaccination Ordinance," and shall apply to the Gold Coast.  (30 of 1935, s.2.)

Section 2—Interpretation.

In this Ordinance, unless the context otherwise requires—

Adult.

"Adult" means a person who is or (in the case of a person whose age is uncertain) appears to be, fourteen years of age or over;

Child.

"Child" means a person who is or (in the case of a person whose age is uncertain) appears to be, under fourteen years of age;

Minister.

"Minister" means the Minister responsible for Health;

Parent.

"Parent" means the father or mother of a child, and includes any person having the care or custody of a child;

Prescribed area.

"Prescribed area" means any district, area, or place in respect of which an order has been made under section 5 and is in force;

Successful vaccination.

"Successful vaccination" means vaccination which is efficient to protect against smallpox.

Section 3—Public Vaccinators and Assistant Public Vaccinators.

(1) Medical Officers in the Government service shall be public vaccinators for the purpose of this Ordinance.

(2) It shall be lawful for the Minister to appoint to be public vaccinators registered medical practitioners not in the Government service, and to be assistant public vaccinators such other persons as may be certified by the Deputy Director of Health Service, to have the necessary probity, skill, and knowledge.

(3) Assistant public vaccinators shall be charged with and shall perform such of the duties of public vaccinators only, and shall have and may exercise such of the powers of public vaccinators only as shall by regulations under section 6 from time to time be assigned to them for the purpose of carrying this Ordinance into effect; and such assignment may be made either generally with respect to all assistant public vaccinators or specifically with respect to any one or more individual assistant public vaccinators. To the extent of and for the purpose of the duties and powers so assigned to them, and save as in this Ordinance otherwise expressly or by necessary implication provided, the term "public vaccinator" shall in this Ordinance be deemed to include an assistant public vaccinator.

Section 4—Vaccination to be Free.

It shall be the duty of every public vaccinator to vaccinate, free of charge, such persons as shall present themselves or be presented for the purpose, or such persons as, under the provisions of this Ordinance, are, or become, liable to be vaccinated, except in cases where, in the opinion of any such public vaccinator, vaccination would be injurious to health, or where there is satisfactory evidence that any such person is already successfully vaccinated or has suffered from small pox.

Section 5—Power of Minister to order Compulsory Vaccination.

The Minister may order, either generally or with reference to particular districts, areas, or places throughout the Gold Coast, or with respect to any particular class or classes of persons, that all persons to whom such order applies who do not produce satisfactory evidence of successful vaccination or of having suffered from smallpox shall be vaccinated by a public vaccinator, unless in the opinion of any such public vaccinator vaccination would be injurious to health. (Amended by 30 of 1935, s.2.)

Such order may prescribe at what age a person shall be liable to any penalty for non-compliance with the terms of the order, and who shall be liable in cases where the persons failing to be vaccinated shall not have attained such age.

An order under this section may be made subject to any qualifications and exceptions as to the Minister may seem proper, and the provisions of sections 7, 8, and 9 shall be read subject to any such qualifications and exceptions, if any.

Section 6—Regulations by Deputy Director of Health Service.

The Deputy Director of Health Service shall make regulations with respect to—

Attendance of public.

(1) The times and places of attendance of persons upon public vaccinators for the purposes of vaccination.

Evidence of results.

(2) The evidence to be accepted of successful vaccination, including inspection of the results of vaccination.

Lymph.

(3) The supply of lymph to public vaccinators.

Method.

(4) The method of vaccination by public vaccinators.

Treatment.

(5) The treatment of persons after vaccination.

Vaccinators' powers and duties.

(6) The duties and powers of assistant public vaccinators and the limitations and conditions under which such duties shall be performed and such powers shall be exercised.

Regulations made under this section shall be subject to the approval of the Minister.

Section 7—Vaccination of Adults.

Every adult to whom an order made under section 5 applies shall attend for examination, and, if necessary for vaccination, within such period and at such  a time and place as may be appointed by regulations made under section 6, and shall subsequently attend at such times and at such places as the public vaccinator may direct for the purpose of examination as to whether or not the vaccination has been successful, and, if necessary, for re-vaccination.

Section 8—Vaccination of Children.

The parent of any child to whom an order made under section 5 applies shall, within three months after the birth of such child, or if such child is over the age of three months at the date of the order, within such period as may be appointed under section 6, bring such child to a public vaccinator at a time and place appointed under section 6 for examination, and, if necessary, for vaccination, and shall subsequently produce such child at such times and places as the public vaccinator shall direct, for the purpose of examination as to whether or not the vaccination has been successful, and, if necessary, for re-vaccination.

Section 9—Power of Public Vaccinators to Enter Houses, etc., and Vaccinate.

When an order has been made under section 5 every public vaccinator may on any day, except (save during an epidemic of smallpox) Sunday, between the hours of six in the morning and six in the evening, enter any house and any yard or compound and any buildings therein in any area prescribed by such order, and inspect every person found therein, and may thereupon vaccinate any such person unless he is satisfied that such person is already successfully vaccinated or has suffered from smallpox, or unless in his opinion vaccination would be injurious to health.

Section 10—Power to Examine and Vaccinate Strangers.

Any public vaccinator may examine and vaccinate any person arriving in the Gold Coast, by land or sea, who cannot produce satisfactory evidence of successful vaccination or of having suffered from smallpox.  (Amended by 30 of 1935, s.2.)

Section 11—Employers of Foreign Labour to Notify Arrival.

Any employer (or, whenever such employer is not an individual or being an individual is not in the Gold Coast, then the responsible local representative of such employer) of labourers immigrant into the Gold Coast from other countries shall before the disembarkation (or, in case of immigration overland, before the entry) of such labourers, give to the Medical Officer of Health for the place of the disembarkation or entry of such labourers notice of the arrival of such labourers, for the purpose of their inspection, and, if necessary, vaccination.  (Amended by 30 of 1935, s.2.)

And it shall be the duty of such employer, or of the responsible local representative of such employer, as the case may be, to afford all reasonable facilities to the public vaccinator for the purpose of carrying out the provisions of this Ordinance.

Section 12—Certificate of Vaccination.

Every public vaccinator who has vaccinated any adult or child, and has ascertained that the vaccination has been successful, or is satisfied that such adult or child is insusceptible of successful vaccination, shall issue a certificate in the Form A or B respectively of the Schedule, if at the time application is made to him by such adult or the parent of such child.

Section 13—Fees.

It shall be lawful for the Minister to make regulations dealing with the payment of fees, if any, to public vaccinators, and to fix the amount of such fees.  (Amended by 19 of 1936, s.19.)

Section 14—Prohibition of the Practice of Inoculation.

The practice of inoculation is hereby declared to be unlawful; and any person in any wise exercising or concerned in or conniving at such practice, or concerned in or conniving at the performance of any operation of inoculation, shall be guilty of an offence, and on summary conviction thereof shall be liable to a fine not exceeding fifty pounds, or imprisonment with or without hard labour for any term not exceeding six months.

Section 15—Regulations by Governor in Council.

The Governor in Council may make regulations generally for giving effect to the purposes and provisions of this Ordinance.

Section 16—Date of Commencement of Order, etc.

All orders or regulations made under this Ordinance shall come into force on publication in the Gazette, or on such date as may be specified in such order or regulation.

Section 17—Penalties.

Any person who shall fail to comply with any of the provisions of this Ordinance, or of any order or regulation made thereunder, or shall wilfully endeavour to deceive by false statement or otherwise, or shall obstruct any public vaccinator in the discharge of his duties under this Ordinance, shall be liable on summary conviction  to a fine not exceeding five pounds, or to imprisonment with or without hard labour for any term not exceeding one month, and, when the failure continues after conviction, to a fine not exceeding one pound for each day on which such failure continues:

Proviso.

Provided always that the penalty for an offence under section 8 shall be a fine of not more than one pound.

Section 18—Savings in respect of Certificates of Medical Practitioners.

Anything in this Ordinance contained notwithstanding, no public vaccinator shall inspect or vaccinate any person in respect of whom is produced to the public vaccinator either—

Cap. 69.

(1) a certificate signed by a medical practitioner who is entitled to registration as such under the Medical Practitioners and Dentists Registration Ordinance, certifying that the person named therein has within the next preceding seven years been successfully vaccinated; or

(2) a certificate signed within the next preceding four months by some such medical practitioner as aforesaid certifying that the person named therein is medically unfit to undergo vaccination.

Section 19—Savings of Orders made in respect of Ashanti and Northern Territories.

Cap. 110.

Cap. 111.

All orders made under section 5 as applied to Ashanti by section 22* of the Administration (Ashanti) Ordinance and to the Northern Territories by section 22+ of the Administration (Northern Territories) Ordinance and in force on the 1st day of July, 1935, shall be deemed to have been made and to be in force under this Ordinance.  (Added by 30 of 1935, s.2.)

SCHEDULE

(Section 12)

FORM A.

CERTIFICATION OF SUCCESSFUL VACCINATION.

Certificate of successful Vaccination.

I, the undersigned, hereby certify that                     ‡ a man, woman, boy, girl, of the apparent age of about              years, a resident of               in the             was successfully vaccinated by me at               , in the            District, on the day of     , 19     .

(Signature)

Public Vaccinator.

FORM B.

CERTIFICATION OF UNSUCCESSFUL VACCINATION.

Certificate of Unsuccessful Vaccination.

I, the undersigned, hereby certify that                       ‡ a man , woman, boy, girl , of the apparent age of about            years, a resident of           in the                , has been                times unsuccessfully vaccinated by me, and that I am of opinion that such ‡ man, woman, boy, girl, is insusceptible of successful vaccination.

Dated this                   day of                          , 19        .

(Signature)

Public Vaccinator.

FOOTNOTES

‡ Strike out unnecessary words.

*Repealed by No.30 of 1935, s.4.

+Repealed by No.30 of 1935, s.5.

 

 

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