Council for Medical Schemes Levies Act, 2000 (Act No. 58 of 2000)2. Imposition of levies |
| (1) | The Council may by notice in the Gazette, subject to subsections (3), (6) and (7)— |
| (a) | impose levies on medical schemes and specify the intervals and times when such levies are payable for the purpose of meeting the general administrative and other costs of the Council and the functions performed by the Registrar of Medical Schemes; |
| (b) | vary the levies; or |
| (c) | determine interest as contemplated in section 4. |
| (2) | The levies imposed in terms of subsection (1) must be based on the number of members of a medical scheme. |
| (3) | Before imposing levies, varying levies, or determining the rate of interest payable in terms of section 4, the Council must— |
| (a) | publish the proposed levies, variation or determination in order to bring the proposed levies, variation or determination to the attention of the medical schemes in question and the members of medical schemes, together with a statement explaining the reason for the levy imposition, variation or determination, including a statement that representations maybe made to the Council within a specified and reasonable time; |
| (b) | have regard to any representation made to it in terms of paragraph (a); |
| (c) | give the Minister notice in writing of the proposed imposition or variation of levies, or determination of the rate of interest, and specify the period for which such imposition, variation or determination is intended to operate; |
| (d) | provide the Minister with reasons for the imposition, variation of levies or determination of the rate of interest; |
| (d) | provide the Minister with evidence of consultation with medical schemes and of the degree of concurrence among medical schemes with regard to the imposition, variation or determination. |
| (4) | The Minister must with the concurrence of the Minister of Finance within a period of 60 days after receiving a notice contemplated in subsection (3), give the Council written notice approving or disapproving the proposed imposition, variation of levies or determination of the rate of interest and in the event of disapproving that imposition, variation or determination, also give reasons for the disapproval thereof. |
| (5) | The Minister may, with the concurrence of the Minister of Finance, in the notice contemplated in subsection (4), recommend an alternative levy or rate of interest determination. |
| (6) | The Council may impose the levies, or vary such levies, or determine the rate of interest under subsection (1), only after the Minister has approved that imposition, variation or determination. |
| (7) | An imposition, variation or determination made in terms of subsection (1) must be published in the Gazette at least 30 days before its commencement. |
| (8) | The levies imposed or varied or rate of interest determined under subsection (1) must be reviewed annually by the Council. |