Nursing Act, 2005 (Act No. 33 of 2005)Chapter 1 : South African Nursing Council20. Accounting duties of Registrar |
| (1) | The Registrar must, in a format and for periods as may be prescribed, report to the Council on all revenue received and expenditure incurred by the Council including, but not limited to— |
| (a) | all fees collected and funds received, |
| (b) | salaries and wages; |
| (c) | contributions for pensions and medical aid, if any; |
| (d) | travel, motor car, accommodation, subsistence and other allowances; |
| (e) | housing benefits and allowances; |
| (f) | overtime payments; |
| (g) | loans and advances; and |
| (h) | any type of benefit or allowance related to staff. |
| (2) | The Registrar must— |
| (a) | assist the Council in performing the budgetary functions assigned to it in terms of this Act; and |
| (b) | provide the chairperson with the administrative support, resources and information necessary for the performance of those functions. |
| (3) | The Registrar is responsible for implementing the Council’s approved budget, including taking all reasonable steps to ensure that— |
| (a) | the spending of funds is reduced if necessary when revenue is anticipated to be less than projected in the budget; and |
| (b) | revenue and expenditure are properly monitored. |
| (4) | When necessary, the Registrar must prepare an adjustments budget and submit it to the chairperson for consideration and tabling in the Council. |
| (5) | The Registrar must no later than 14 days after the approval of an annual budget submit to the chairperson— |
| (a) | a draft service delivery and budget implementation plan for the budget year; and |
| (b) | drafts of the annual performance agreements as required for the Registrar and all senior managers. |
| (6) | The Registrar must report in writing to the Council— |
| (a) | any impending— |
| (i) | shortfalls in budgeted revenue; |
| (ii) | overspending of the Council’s budget; and |
| (iii) | any steps taken to prevent or rectify such shortfalls or overspending. |
| (7) | The Registrar must by no later than 10 working days after the end of each month submit to the chairperson a statement in the prescribed format on the state of the Council‘s budget. |
| (8) | The Registrar must inform the Director-General, in writing, of— |
| (a) | any failure by the Council to adopt or implement a budget-related policy, any other policy approved by the Council or a statutory function or responsibility in terms of this Act or any other legislation; or |
| (b) | any non-compliance by a member or official of the Council with any such policy. |
| (9) | The Registrar must submit to the Council and the Director-General such information, returns, documents, explanations and motivations as may be prescribed or required. |
| (10) | If the Registrar is unable to comply with any of the responsibilities in terms of this Act, he or she must promptly report the inability, together with reasons, to the Council and the Director-General. |
| (11) | Any action taken by the Council or member of the Council against the Registrar solely because of the Registrar’s compliance with a provision of this Act is an unfair labour practice for the purposes of the Labour Relations Act, 1995 (Act No. 66 of 1995). |
| (12) | The Registrar may delegate to a staff member or any other official of the Council— |
| (a) | any power or duty assigned to the Registrar in terms of this Act; or |
| (b) | any power or duty necessary to assist the Registrar in complying with a duty which requires the Registrar to take appropriate steps to ensure the achievement of the aims of a specific provision of this Act. |
| (13) | The Registrar may not delegate to any member of the Council any power or duty assigned to him or her in terms of this Act. |
| (14) | A delegation in terms of subsection (12)— |
| (a) | must be in writing; |
| (b) | is subject to such limitations and conditions as the Registrar may impose in a specific case; |
| (c) | may either be to a specific individual or to the holder of a specific post in the council; |
| (d) | may, in the case of a delegation to a senior manager, authorise that senior manager to sub-delegate the delegated power or duty to an official or the holder of a specific post in that senior manager’s area of responsibility; and |
| (e) | does not divest the Registrar of the responsibility concerning the exercise of the delegated power or the performance of the delegated duty. |
| (15) | The Registrar may confirm, vary or revoke any decision taken in consequence of a delegation or sub-delegation in terms of this Act, but no such variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision. |