Energy Regulation Act, 1995
The provision establishes an Energy Regulation Board as a body corporate and gives it corporate powers.
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- Zambia
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- Act 16 of 1995
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administrative notices annual reports appeals appointments audit board administration board decision-making board funding board governance board meetings board remuneration books of account business establishment committees competition monitoring compliance enforcement confidential information conflict of interest consumer complaints cost recovery delegation delegation of functions donations eligibility +41 more
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About this statute
The provision establishes an Energy Regulation Board as a body corporate and gives it corporate powers. The Board may engage other staff it considers necessary, on terms and conditions it determines. Section heading for interpretation and establishment of the Board. This section is headed “Delegation” and lists nearby topics on licensing, inspectors, the Board’s powers, and obstruction of inspectors. Copies of the Act can be obtained from the Government Printer for K400.00 each.
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Provisions of Energy Regulation Act, 1995
Showing 35 of 35
Part
PART II
- 3 Verify source ↗
(I) There shall be an Energy Regulation Board, which shall
The provision establishes an Energy Regulation Board as a body corporate and gives it corporate powers.
3. (I) There shall be an Energy Regulation Board, which shall be a body corporate with perpetual su_cccssion· and a common seal, capable qf suing and of being sued in its corporate.name, and with power, subject to the provisions of this Act, to do,all such acts and things as a b_ody corpormc may by law do oc perform. (2) The provisions of the Schedule shall apply in respect of the Board and its members. -· Staff of Lhc Board - 4 Verify source ↗
The Board may engage, cin sucli-terms and conditions as the
The Board may engage other staff it considers necessary, on terms and conditions it determines.
4. The Board may engage, cin sucli-terms and conditions as the Board may determine, such other staff as is necessary for the exercise and performance of the powers and functions of the Board under this Act. Energy Regulation . [\'lo. 1.6 of 199,,5 187 THE ENERGY REGULATION ACT, 1995 ARRANGEMEST OF SEC:noss PART! PREI.IMISARY Section I. Short Lille and commencement - 2 Verify source ↗
Section 2
Section heading for interpretation and establishment of the Board.
2. Interpretation PART II Trn; E,ERGY R1:c;1:1.AT10:-- BOARD r• 3: Establishment of the Board - 7 Verify source ↗
Delegation
This section is headed “Delegation” and lists nearby topics on licensing, inspectors, the Board’s powers, and obstruction of inspectors.
7. Delegation Inspectors PART llI L!CE1'SISG OF CERTAIS UlsDERTAKISGS Undertakings to be licensed Applications for licences Objections to licence applications Determination of applications Conditions of licences Duration of licences Licences not transferable except with Board's consent Revocation of licence or refusal of renewal Appeal PART IV 0TIJER POWERS OF Tl IE BOAR!) Direction to cease operation cir unlicensed undertaking Powers of inspectors Obstmction of inspector
Part
PART IV
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Section 19
Copies of the Act can be obtained from the Government Printer for K400.00 each.
19. Copies of ihis Ac-1 can be obtained from ihe Governme,u Printer� P. 0. Box 30/36. /0/00.Lu."aka. Price K400.00 each. 1[ /: I 1· I 188 ·No. 16 of1995] Energy Regulation PARTY" FINANCIAi. PRoy1s10Ns - 24 Verify source ↗
Annual report
This section is titled “Annual report.”
24. Annual report PART VI . ' MISCl_il.1,ANEOUS
Part
PART VI
- 25 Verify source ↗
Unathorised publication or disclosure ofcinfon_nalion
Section 25 concerns unauthorised publication or disclosure of information.
25. Unathorised publication or disclosure ofcinfon_nalion - 29 Verify source ↗
Repeal of Act No. 13 of 1980 and Cap.'813
This section states that Act No. 13 of 1980 and Cap. '813 are repealed.
29. Repeal of Act No. 13 of 1980 and Cap.'813 , ·• ,,,' l I I 'I ·1: ,, ·,. r Eriergy Regulation [No.16 ofl995 191 - 5 Verify source ↗
(I) In order to ensure compliance with the provisions of this
Inspectors must be appointed, given a certificate of appointment, and carry it for inspection when exercising their powers if reasonably asked.
5. (I) In order to ensure compliance with the provisions of this Act, a sufficient numbcrof persons shall be appointed under section four as inspectors for the purposes of this Act. Inspectors (2) Every inspector shall be provided with a certificate of appointment containing such particulars as the Board may deter mine, and in the exercise of any powers of the inspector under this Act, the inspector shall produce the certificate for inspection by any pe;son reasonably requiring its production. · - 6 Verify source ↗
(I) The Board shall
The Board must carry out regulatory functions for undertakings in the energy sector, including monitoring performance, handling complaints, setting licence conditions, designing standards, and recommending measures to the Minister.
6. (I) The Board shall- .. Functions of the Board (a) monitor the efficiency and performance of undertakings, having regard to the. purposes for which they were established; (b) receive _and il)vestigate c,omplaints from consumers on price adjustme,:its made, or services provided, by any undertaking, and regulate such adjustment.� and services by the attachment of appropriate conditions to licences held by undertakings; (c) receive and investigate complaints concerning the location or construction of any common carrier or any ei;iergy or fuel facility or installation or the carrying ou,t of any works by any undertaking, and regulate such location and construction by' the attachment of appropriate con ditions to licences held by undertakings; · (d) in conjunction with the Zambia Competition Commission established by the Competition and Fair Trading Act, 1994, monitor the levels and structures of competition within the energy sector with a view to promoting competition and accessibility to any company or indi vidual who meets the basic requirements for operating as a business in Zambia; (e) in conjunction with the Zambia Standards Bureau estab lished by'thc Standards Act, I 994, design standards with regard to the quality, safety and reliability of supply of · energy and fuels; · (f) in conjunction with other Government agencies, formulate measures to minimise Ll1e environmenial impact of the production and supply of eriergy and the production, transportation, storage and use of-fuels and enforce such measures by tlie attachment. of appropriate condi lions to licences held by undertakings; and Act No. 18 ofl994 Act No. 20 ofl994 .. ' I ,, ., 192 · No. 16 o( 1995] · Energy Regulation (grmake recommendations to the l-1.inistcr as to th" measures to bq taken through.regulations, to, b�·madc u11der this · Act. . · . . . · . . ' . .... ' - Delegation (2) The Board shall have and may exercise and perfom'l such other powers and functions as arc conferred or imposed on it by or under this Act or any other written law. - 7 Verify source ↗
The Board may, by instru.mcnt in writing, delegate to a
The Board may delegate some of its functions in writing to a specified staff member or committee.
7. The Board may, by instru.mcnt in writing, delegate to a person for the time being holding or actirig in a sppcilicd position in the staff establishment" or the Board', or to any committee of the Board, the exercise or such of the functions of ttie Board-as arc specified i� the instrument. PART III LICENSING OF CriRTAIN UNDERTAKINGS Undertak ings to be licensed - 25 Verify source ↗
( I ) Except as required by law, or with consent in writing
A person must not publish or disclose certain information learned while performing duties under the Act unless required by law or allowed by written consent from the Board.
25. ( I ) Except as required by law, or with consent in writing given by or on behalf of the Board, a person shall not publish or disclose to any other person the contents of any document or communication, or any other information, which relates to, and which has come to the person's knowledge in the course of, the performance by the person of any duty under this A9t. (2) A person having information that has been published or disclosed to the person in contravention of this section shall not publish or communicate it to any other person. (3) A person who contravenes the provisions of this section shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twenty thousand penalty units orto imprisonment for a term not exceeding three years, or to both. - 26 Verify source ↗
Any notice or other document required or authorised to be Serving of
This section says a notice or other document under the Act may be served or given in several ways, including personal delivery, leaving it at a usual or last known abode, sending it by prepaid registered letter, or using company/land-interest-specific methods.
26. Any notice or other document required or authorised to be Serving of notice given under this Act may be given- by delivering it to the person to whom it is directed; (a) (b) by leaving it at the usual or last known place of abode of that person; ( c) by sending it in a prepaid registered letter addressed to that person at the person's usual or last known place of abode, place of business or postal address; (d) in the case of a company, by delivering it to the secretary of the company at its registered or principal office, or by sending it in a prepaid registered Jetter addressed to the secretary of the company at that office; or (e) where- (i) the notice is to be given to a person in the person's capacity as.the holder of any interest in land; or (ii) it is not practical, after reasonable inquiry, to ascertain the.person's name or address; by addressing the notice to the person having that interest in the premises (specifying the premises and the interest concerned) and by delivering it to some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises. 200 No. 16 of 1995] Regulations Act No. of 1995 Savings and transitional provisions ' ' ' ' ' I ,,/ I t ,, I I ,[ . Energy Regulation - 27 Verify source ↗
(I) The Minister may, by statutory instrument, make regu
The Minister may make regulations by statutory instrument on matters needed to carry out this Act, and those regulations may carry penalties for offenders.
27. (I) The Minister may, by statutory instrument, make regu- lations for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or expedient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (]), regula tions may provide for the following matters: (a) the form and manner of making applications for licences and of objections thereto and the fees payable on any such application or objection; (b) standards with regard to the quality, safety and reliability of supply of energy and fuels and related installations; (c) securing the safety of the public from personal injury or damage to property arising from the production, trans mission, transportation, transformation, storage, distri bution, supply or use of energy or fuel; (d) reporting of and inquiries into accidents i nvolving the operation of any undertaking or associated plant, equip ment or vehicles: Provided U1at, in the application of any regulations under this section to an undertaking for the generation, transmission, distribu tion or supply of electricity, such regulations shall have effect subject to the provisions of the Electricity Act, 1995, and the regulations made thereunder. (3) Regulations made under the provisions of this Act may provide that persons offending against the regulations shall be liable to a fine not exceeding one hundred thousand penalty units. (4) I n exercise of the powers con_ferred by this section, the Minister may provide for different regulations to apply to different undertakings or consumers or to different classes of undertakings or consumers. - 28 Verify source ↗
(I) Any undertaking Umt was lawfully being operated
Some undertakings may keep operating after this Act starts without a licence under this Act if they were already lawfully operating before commencement.
28. (I) Any undertaking Umt was lawfully being operated (a) immediately before the commencement of this Act, under a statutory licence or other statutory authority that was · issued in pursuance ofan application made before the date referred to in paragraph (b); or . . \ (b) immediately before the date ori which the Bill for this Act was introduced into the National Assembly; may continue to be operated after this Act comes into force without a licence under this Act: . Energy Regulation [No. 16 of 1995 201 Provided that: (i) where, before the commencement of this Act, the undertak ing was operated under a statutory licence or other statutory authority, that licence or authority shall be deemed to be a licence under this Act; and (ii) where, before the commencement of this Act, the under taking was lawful without any licence or authority, the undertaking may be operated without a licence under this Act only for so long as it remains in the same ownership. - 29 Verify source ↗
(1) The National Energy Council Act, 1980, is hereby
This section repeals two earlier Acts.
29. (1) The National Energy Council Act, 1980, is hereby repealed. (2) The Zambia Electricity �upply Act is hereby repealed. Repeal of Act No. 13 of 1980 and Cap. 813 SCHEDULE (Section 3) THE BOARD AND MEMBERS OF THE BOARD,
Part
PART III
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(I) A person shall not c'stabli,sh. or operate ari imdertaking
A person must not establish or operate an undertaking unless it is in accordance with the Act and covered by a licence issued under the Act.
8. (I) A person shall not c'stabli,sh. or operate ari imdertaking except in accordance with this Act arid under the authority of a licence issued under this Act. (2) A person who establishes or operates an• undertaking in contravention of this section shall be quiliy ofan offence and shall be liable, upon conviction, to a penalty not exceeding five hundred thousand penalty units. Applications for licences - 9 Verify source ↗
(I) Any person may apply to the. Board for a licence to
People may apply to the Board for a licence to establish and run an undertaking, and the Board must publish and handle the application process in the Gazette.
9. (I) Any person may apply to the. Board for a licence to · · establish and operate an undertaking. (2) A licence application shall be made in such form as may be prescribed by the Minister by statutory i!]strument, and shall be accompanied by the' application fee so pr�scribed'. (3) The Board shall first dcte_rmine whether, in its opinion, there is any reason why the application should, in the public interest, be rejected without further proceedings under this section. ' ' (4) Except where the Board decides to reject the application in the public interest, the Board shall cause a notice to be published in the Gazette- . ( a) 'indicating the receipt of each licence application and giving a .description of the nature and location of the proposed undertaking; (b) informing members of the public that the application may_ be i1_1spcctcd at the offices of the Board; and· (c) inviting any member of the public:w�o objects to the granting of the licence, _whether on personal, environ mental or othcr grounds, to lodge ah objection with the Board ·within a time, being not less than thirty days, limited by the notice. . . Energy_ Regulation [No. 1 6 of.1995. 193 . . � . (5) The Board shall allow any person to inspect, or furnish any · person-with a copy of,.an application fQr·a ljcence, on payment. by the person of such .fee as may .. be prescribed by the Minister by staluto"ry instrument in respect of the costs of such inspection orihe production of such a copy. JO. ( 1 ) An objection Lo the grant of a licence shall be made i n such form as may be prescribed by the Minister, by statutory . instrument, and shall be accompanied ·by the ·objection fee so . -p�escribed: . . ' · ' . · (2) AJJ objector shall be entitled Lo loµge sucti writte.n submis sions and evidence.as the objector desires IQ lii111illh,1n stipportof lhe · · objection. . (3) The objection, and ari:(supporting documentation, shall be ·rejected if it is not·.Iodged within Lhe·tirnc ,allowco by the notice . published under scction.nine-in•rclati<in t'o-the appiication: · · · Provided.that the B�arctiat ariy time bcfofc graiai,rig a licence in .pursuance of the applicatibn, may at its discrNion eri(ertain an o·bjecLion'�ade out o(Limc. . . . : . ... (4) The Board ·shall-fumish the-�pplioant,foqhe licence with particulars Of anyobjcctionmadc: Lo the grant of.the licence, and the applicant rnay;if he or shc .. so desires, reply" Lo- the' objection i n writing addressed to the Board:" · · I f. ( I)" indeiermining �hy_application ror:a licericc,:Lhe Board · .. shall iake inio·accourii-' · · ·, . .··, ' · . · ·. • · . (a) the.extentto which the public interest will be-served by the undertaking•Lo which-the. application �elates; and (b) the meriL� of any objection made lo the grant of a licence Objections to licence applications Dctcrmina� Lion of applications in pursuance of an application. .<ii The Board may, ,if i,L \hinks n't, c_onvpric.a \TICCting with the applicant_a�d any objectors l9 discuss ·1hc application; and if the number of objectors is large, or _if the _Board considers that the circuiristanccs Warrant s'iicli acLicin., Lhc meq\i,ng·so convened may · be opened Lo the public, but in eiihcr case the procedure at any such · meeting shall be as the -BOard, may; in its absolute discretion, dcterhifnc.· · · · ·. · · · ·· ' •. ·, ·· . q) 'l_"he !3oa�� may grant or refuse L.o.,grani';the .lic.�J)Ce: and , \\'.bcr� it dc;c.idcs'.[o· 'graiit,"tt1c_ 1/9cncc,, ihc Boa,d shaii rioli f y the .. applicant of ttic condiii"oris intended ·10 b.c 'iittachcd to.the licence. ,• •i .I ,, ·: ,\ I I i, I I : ,,, - ..... , 194 No. 1 6 of 19951 Energy Regulation Conditions of licences - 12 Verify source ↗
(1) -A licence is subject to. such condilions· as may be
A licence may carry Board-imposed conditions, including fees, reporting, consultation, and conduct requirements; the Board can also vary conditions, approve transfers, and revoke or refuse renewal in some cases.
12. (1) -A licence is subject to. such condilions· as may be imposed by the Board and specified.in the licence when it is granted or when it is varied in accordance with S\lbscction (3). (2) The' conditions of a licence may include condilicins_:_ · (a) requiring the payment to the Board of a fee on grant of !he licence and of' annual or other periodic licence fees: Provided that no such fee shall exceed one-half ofonc per centum of the annual turnover of the undertaking, except with !he consent of the Minister; (b) making provision with respect to the fees and.and charges imposed in respect of energy, fuel or any service to be proved in the course of the licensed undertaking, and the adjustm.cnl of such _recs and charges; (c) requiring the publication by the licensee of notices speci fying the method of calculating or otherwise determin ing any charges referred lo in paragraph (b); (d) requiring the licensee or any other person concerned /n the undertaking authorised by the licence to furnish to the Board, in such manner and at such limes as the Board may reasonably require, documents, accounts, returns, estimates and other information that the Board requires for the purposes of exercising or performing its powers and functions under this Act; ( e) requiring the l icensee not to show undue preference to, or exercise undue discrimination against, particular per sons or persons of any class or dcscriptiim (including persons in rural areas) as regards any aspect of the provision of energy, fuel or any service under the li cence; (f) requiring the licensee 10 consult the Board with respect to _the location and construction of common carriers, facili . tics, plant or installation to be usc/l .for the purposes of the undertaking or other specified matters; (g) requiring the licensee to refer specified matters to lhe Board for determination; . · . (h) requiring the licensee 10 comply with directions given by the· Board from time to lime in relation to specified matters; (i) providing for arbitration of disputes arisingin c·onnection with the terms and conditions of, or otherwise concern- ing, the licence; and r ·, ·, I , I ' I E11crg_1· llcg11/,11io11 ! No. 1 6 of 1 1/95 1 95 ' (j) requi\i1ig anti regulating 1he paymc111 orifocs and pcnali ics hy 1he licensee rc,rhrc;1,hcs or any or any s1x:ci lied 1cnns anti conditions or tlic licrncc. ' . lJ) \Vhcrc :1 licensee has on rl'pl':tll'd occ1sitHl� l'Olll r�1vc11�d 111,� condit ions of' 1hc licc1H:L', ur has h1..·c11 th1..· .... uhkL'I Pl :,,,ta.:h ct 1111 pl;ii rw hy thl! con,umers ol an: cnmr11nd i 1 � or w r, t\,\.' pm, 1dvd �•1. I . lic�nscc 1 1 1 Il1l' L'Our,L ol 1 1 -i UJHh: n .1h.n 1,µ a,. 1 1 1 t i ll.' 0 1 · 1 r 1 1 1 1 t , , 1 ; : t ,l Hoard, to warrant action under this '.'-1..'t'l ror1. lhl' Board. hv I H 1t 1 1.. ,: 1 1 1 writing Lo the licensee, m a y vary IIK· condition:-: o r tl�i.: l ii.:l'ni.'.c o r allach new conditions 1 0 1he licence. Durntion or liccm:cs Licences mH trnnsfcrnblc except with Board\. consent Revocation of liccm;c or r.:fusal,_of rcnt!wal 1 3. Subject 10 this Ae1. a I iecncc remains in !<>rec for the period specified in the licence and may he renewed on its expiry on payment 10 the Board of'such rec as may he dctcnnincd by orumlcr the conditions or the licence or, in default or sud1 dctenn ination, as the Minister may, by statutory ins1rumcn1. prescribe. 1 4. ( I J Any purponcd I rans fer or a licence shal I be void and of no effecl unless !he consc111 1hcrc10 or1hc Board was first obtained. (2) The Board shall conse111 10 any such transfer unless it has reason to believe that the public interest is likely to be prejudiced by the transaction. (3J In this section " transfer " means any sale. lease mortgage, charge or other assignme111, demise or encumbrance. I.S. (1) For the purposes or this section, a l icensee is in default if the l icensce- (aJ has on repeated occasions rnn1ravcncd the provisions o r this Act or condi tions o r the I icencc: (b) has at any time comravencd a condition or the licrnce that is expressed in the l icence 10 he a conuititln whose con1rave111ion may resuli i n rcvpcal ion or suspension or the licence: or (c) has been the subject or such comrlai111s by the publk as, in the orinion or 1he Board. 10 warra111 action under this section. (2) Where a licensee is in def'aul1, lhc Board. with the consent llf the Minister, may- (a) by notice in writing 10 the licensee. revoke the licence: or (b) refuse 10 renew the licclll:e on i1s expiry. (3) The Board may, with Ilic conscn, .or 1l1e '.\1inister, refuse 10 renew a l i cence i f 1l1c Board is 01· lhe opini,,n 1l1a1 the service provided under the licence is no lunger 11cc·,·s,:1ry in the public interest. . • I 196 No. 16 of 1995] Energy Regulation Appeal (4) A licence shall not he revoked, nor shall its renewal he refused, wilhout giving the licensee an opportunity to he heard. - 16 Verify source ↗
(1) Any person aggrieved by the revocation of a licence, or
A person affected by licence revocation, refusal of renewal, or approval of a transfer may appeal to the Minister within the time and manner set by statutory instrument.
16. (1) Any person aggrieved by the revocation of a licence, or by the Board's refusal to renew, or arprove a transfer o r, a licence, may appeal 10 the Minister within a lime and in the manner prescribed by the Minister by statutory instrument. (2) Due lodgement oran arrcal shall stay any revocation against which the appeal is hrnught, rending the outcome o l"the appeal, and in the case or a rel"usal or renewal, the licence if" expired shall be deemed to have been renewed on the same tenns and conditions pending that outcome. The Minister's decision on an appeal shall he final, subject (3) only 10 an appeal 10 the H igl1 Court on a point of law . Direction lo cease operation of unlicensed undertaking Powers or inspcclors . PART IV OTIIER POWERS 01' TIIE BOAR!) - 17 Verify source ↗
(1 ) Where an undertaking is being operated in contraven
If an undertaking is operating against the Act, the Board may order the operators to stop operations and dismantle plant and equipment, and may enter the site if the order is ignored.
17. (1 ) Where an undertaking is being operated in contraven tion of this Act, the Board may, by notice served on the operators of the undertaking, direct them to take, within a reasonable· time limited by the notice, all necessary steps 10 cease operations, and to dismantle, 10 the satisl'action of the Board, any plant and equipment used for the purposes or the undertaking, (2) Where a direction given under this section is not complied with, the Board by its servants or agents may enter into tt,e place where the undertaking is being operated and so cause the direction to he carried out. (3) The costs to the Board or any action ·under suhscctiop (2) arc recoverable, as a debt due to the Board, in any court or competent jurisdiction, - 18 Verify source ↗
( 1) For the puq1oses of this Act, an inspector may, at any
An inspector may enter relevant premises at a reasonable time and inspect or collect samples, but cannot enter a private dwelling without consent or a lawful warrant.
18. ( 1) For the puq1oses of this Act, an inspector may, at any reasonable time, enter any area, place or premises that the inspector reasonably believes is used for the purposes of, or in connection with, an undertaking, including any area, placeorpremises believed to he used only for thestorage of equipment or forthe keeping of any accounts, documents or records relating to such an undertaking: Provided that this section shall not be taken to authorisccntryinlo any premises or part thereof that is being used a� a private dwelling except with the consent of the occupant or under the authority of a warrant issued in accordance with law. , · (2) An inspector who enters an area,'placc or premises under this section shall have full and free access 10 any plant, equipment, · storage area and-facility therein: · · · " I I ' ' l ' I I ' 1 1· [', ' ' I' r \ Ener/i)' Regulation [No. 16 of 1995 197 (3) The owner or person in charge or any area, place or premises referred Lo in subsection ( 1 ) and any person found there shall give an inspector reasonable assistance for Lhe purpose of the exercise of Lhe inspecLOr's powers under Lhis Acl. (4) Without limiting Lhe generality of the foregoing provisions of this section, the inspector may- (a) direct the person in charge lo produce for inspection any substance or articles manufactured, produced or stored on Lhe premises, or any books, accounts or records kept there; (b) take samples or any such substance or articles, and make copies of or Lake extracts from any such book, account or record; (c) inspect machinery, equipment, appliances, meters, 111- tings, and apparatus; and (d) inspect any common carrier, facility, plan( or installation. - 19 Verify source ↗
A person who
A person must not obstruct an inspector, refuse reasonable assistance, or give false or misleading information; doing so is an offence.
19. A person who- ( a) wilfully delays or obstructs an inspector in Lhe exercise or performance of the inspeclOr's powers and functions; (b) refuses lo give an inspector such reasonable assistance as the inspeetor may require for lhe purpose oflhe exercise of the inspector's powers under Lhis Acl; or (c) knowingly or negligenlly gives an inspector false or misleading information in answer Lo any inquiry made by lhe inspector; shall be gui!Ly of an offence and shall be liable upon conviction lo a line not exceeding one hundred thousand penally units or lo imprisonment for a Lenn not exceeding 11ve years, or lo both. Obstruction of Inspector PART Y FINANCIAL PROVISIONS
Part
PART Y
- 20 Verify source ↗
(J) The funds of the Board shall consist of such moneys as
The Board may accept grants or donations, raise money with ministerial approval, and charge fees for its services; amounts payable as fees under the Act must be paid into the Republic’s general revenues.
20. (J) The funds of the Board shall consist of such moneys as may- Funds of the Boar<l (a) be appropriated by ParliamcnL for Lhe purposes of Lile Board; (b) be paid lo lhc Board by way or grants or donations; and ( c) vest in or accrue lo Lhc Board. 198 No. 16 of 1 9951 E11cr;;y flc11ulatio11 (2) The Board may- (a) accept moneys by way or grants or donations rrom any source in Zambia and. subject to the approval o r the Minister. from any source outside Zambia; (b) subject ID the approval or the Minister, raise by way·or loans or oti1erwisc such moneys as may be required ror the discharge or the runctiims or the Board; and {c) charge and collect recs in respect or programmes, seminars and other se,vices provided by the Board. (3) There shall be paid rrom the runds or the Board'-- (aJ grants which have been received by the Board for the purposes or.my particular organisution or any branch of any organisation; (b) allowances ophc members or the Board; (c) salaries or the full-Lime members of the Board; (d) salaries, loans and other costs of' the staff of' the Board; and ( c) any other expenses incurred by the Board in the perfo r - mance or the Board's functions. 2 1 . (I) Amounts payable as lees under this Act shall be paid to the general revenues of' the Republic. (2) Moneys paid to the genernl revenues undcrthis section shall be applied to the development or the energy sector in Zambia. - 22 Verify source ↗
The financial ycarof'thc Board shall be the period of twelve
The Board’s financial year is a 12-month period ending on 31 December each year.
22. The financial ycarof'thc Board shall be the period of twelve months ending on 3 1 st December in each year. - 23 Verify source ↗
( I ) The Board shall cause to be kept proper books of
The Board must keep proper accounting books and financial records, and the Board’s accounts must be audited each financial year by auditors appointed by the Board with Ministerial approval.
23. ( I ) The Board shall cause to be kept proper books of account and other records relating to its linancial affairs. (2) The accounts or the Board for each linancial year shall be audited by auditors appointed by the Board with the approval of the M inister. - 24 Verify source ↗
( I ) As soon as practicable, but not later than six months
The Board must send an annual report to the Minister within six months after each financial year ends, and the Minister must table it before the National Assembly within 21 days of the Assembly’s next sitting after receiving it.
24. ( I ) As soon as practicable, but not later than six months artcr the expiry of'cach financial year, the Board shall submit to the Mini�tcr a report concerning the activititcs of the Board during that financial year. (2) The report shall include information on the financial affairs of the Board, and there shall be appended to tbc rcport- (aJ an audited balance sheet; (b) an audited statement of income and expenditure; and (c) such other information as the Minister may require. Applicalion or licence fees. etc. Financial year Account,; Annual rcporl I' ,\ j , , i i I I ' i ' I ' i I, ,. ,I ,I I, I ! (� -, Energy Regulation [No. 16 of l995 199 (3) The Minister shall, not later than twenty-one days after the first sitting of the National Assembly next after the receipt of the report, lay it before the National Assembly. PART VI MISCELLANEOUS Unauthorised publication or disclosure of informa-
Part
SCHEDULE
- 1 Verify source ↗
(1) The Board shall be._a permanent body consi_sting of three Constitution
This provision sets the Board’s composition and says the Minister appoints its members; it also bars certain people from being appointed as members.
1. (1) The Board shall be._a permanent body consi_sting of three Constitution fuil-time members and four part-iime_members appointed by the of the Board Minister. (2) Of the full-time _members- (a) one shall be a.person who, in the opinion of the Minister, has adequ�te_knowledge and qualifications relating to the electricity industry; (b) one shall be a person who, in the opinion of the Minister, has adequate knowledge and qualifications relating to . the petroleum industry; and (c) one shall be a person who, in the opinion of the Minister, has adequate knowledge and qualifications relating to the supply ofothcr forms of energy and fuels. (2) A person shall not be appointed as a member ofthe Board if he or she- ( a) is an undischarged bankrupt;· (b) has been conyicted ofan offence-under this Act; (c) has been convieted, of an offence involving fraud or -dishonesty; , (d) has been convicted of.any other offence and sentenced to a term pf imprisonment o_f not less than six months; or ( e) is the holder of a.Jieerice or has any interest in a licence or in a partnership or corporation 'that is .the holder of a licence. 202 No. 16 of 1995], Energy Regulation Term of office and vacancy (3) One of the part-time members shall, in and by the terms of the member's appointment or otherwise in writing signed by the Minister, be appointed as Chairman of the Board. - 2 Verify source ↗
(]) A memberofthe Board shall, subject to the provisions of
Board members serve for up to three years, may be re-appointed, and may stay on briefly after expiry until a successor is appointed.
2. (]) A memberofthe Board shall, subject to the provisions of this Schedule, hold office for a term or not more than three years. (2) A member of the Board shall be eligible for re-appointment upon the expiry of the original term of office. (3) Upon the expiration of the term for which a member is appointed, the member shall continue to hold office until a succes sor has been appointed, but in no case shall any such extension of the term exceed three months. (4) The office of a member shall be vacated (aJ upon the member's death; (b) if the member is adjudged bankrupt; (c) if the member is absent from three consecutive meetings of the Board without the prior approval of the Board; (d) upon the expiry of one month's notice of the member's intention to resign from office, given by the member in writing to the Minister; ( e) upon the expiry of one month's notice of the member's removal given to the member in writing by the Minister; (f) if the member becomes mentally or physically incable of performing the duties of a member of the Board; (g) if the member is convicted of an offence under this Act; (h) if the member is convicted of an offence under any other written law and sentenced therefor to imprisonment for a term of six months or more; or (i) if the member becomes the holder of a licence or acquires any interest in a licence o r in a partnership or corporation that is the holder of a licence. Business of the Board - 3 Verify source ↗
(]) Subject to the other provisions of this Act, the Board may
The Board may regulate its own procedure, and the Chairman may call meetings and must call a special meeting within seven days after a written request from any two members.
3. (]) Subject to the other provisions of this Act, the Board may regulate its own procedure. (2) The Board shall meet as often as necessary or expedient for the conduct of its business and its meetings shall be held at such places, times and days as the Board may determine. (3) The Chairman may at any time call a meeting of the Board and shall call a special meeting to be held within seven days of receipt ofa written request for that purpose addressed to him by any two members of the Board. . I • Energy Regulation [No. 16 of l995 203 (4) The Chainnan shall preside at any meeting of the Board, or in the Chainnan's absence from any meeting, such member as may be elected by the members present lo preside at lhe meeting. ,, (5) Thcdecisionofthe Board shall be by a majority of votes; and in the event of an equality of votes, the Chainnan or person presiding at the meeting shall have, in addition to a deliberative vote, a casting vote. (6) Four members of the Board shall fonn a quorum. (7) Minutes of each meeting of the Board shall be kept and shall be confinned as soon as practicable thereafter at a subsequent meeting. - 4 Verify source ↗
(1) The Board may, for the purpose of perfonning its func- Committees
The Board may establish committees and appoint members to them. Committees may manage their own procedure unless the Board directs otherwise, and each committee must keep minutes, keep the Board informed, and follow the Board’s directions.
4. (1) The Board may, for the purpose of perfonning its func- Committees tions, establish committees. (2) The Board may appoint a person as a member ofa committee whether or not the person is a member of the Board, and any person so appointed shall hold office for such period as the Board may detennine. (3) Subject to any specific or general direction of the Board, a committee may regulate its own procedure. ( 4) Each committee shall keep minutes of its meetings and shall keep the Board informed of its activities and shall conduct its proceedings in such manner as the Board may direct. (5) Meetings of a committee shall be held at such times and places as the committee may detennine or as the Board shall direct. - 5 Verify source ↗
A full-time member of the Board shall be paid such salary,
A full-time Board member must be paid salary, allowances, and other benefits set by the appointment agreement.
5. A full-time member of the Board shall be paid such salary, allowances and other benefits as may be determined by an agree ment governing the te1ms of the member's appointment. - 6 Verify source ↗
A part-time member of the Board, and a member of any
Part-time Board members and committee members are entitled to travelling and subsistence allowances, which the Board may set with the Minister’s approval.
6. A part-time member of the Board, and a member of any committee of the Board shall be paid such travelling and subsis tence allowances as the Board, with the approval of the Minister, may determine. - 7 Verify source ↗
A person who is present at a meeting of the Board or any
A person at a Board or committee meeting who has a direct or indirect interest in the matter must disclose that interest promptly and must not take part in discussion or voting unless the Board or committee directs otherwise.
7. A person who is present at a meeting of the Board or any committee of the Board and who is directly or indirectly interested in a matter that is the subject of consideration at the meeting shall, as soon as is practicable after the commencement of the meeting, disclose the interest and shall not, unless the Board orthe committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter. Remunera� tion Allowances Disclosure of interest 204 No. 16 of 1995] Energy Regulation Immunity of Board and staff 8. No action or other proceeding shall lie or be instituted against any member of the Board or a committee of the Board, or any member of the staff of the Board, for or in respect of any act or thing done or omitted lo be done in good faith in the exercise or performance, or purported exercise or performance, of any of their powers or functions under tllis Act. Authentica tion of documents - 9 Verify source ↗
Any contract or instrument which the Board desires to enter
If the Board wants to enter into or make a contract or instrument, it must be executed by the Chairman and one other Board-authorised member.
9. Any contract or instrument which the Board desires to enter into or make shall be executed under the hands of the Chairman and one other member authorised by tlie Board.
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Energy Regulation Act, 1995
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