This section defines many terms used in the Act, including Bank of Zambia, bank, payment system, clearing, settlement, participant, and related payment-service concepts.
2. (1) In this Act, unless the context otherwise requires Interpretation " Bank of Zambia" means ihe Bank of Zambia established under the Bank of Zambia Act; "bank" has the meaning assigned to it in the Banking and Financial Services Act; " beneficiary bank " means a bank that receives funds as a result of a payment instruction or order; " cheque " means a biil of exchange drawn on a banker payable on demand or at a fixed or determinable future time; "chief executive officer "and" chief financial officer" shall have the meaning assigned to them in the Banking and Financial Services Act; . "clearing "means the receipt, exchan*e, and distribution of payment instructions, and " clear ' shalf be construed accordingly; Act No. 43. of 1996 Cap.387 Cap.387 4 No. I of2007] National Payment Systems Act No. 43 of 1996 " clearing and settlement system " means a system or arrangement to clear or settle payment obligations or instructions in which- (a) there are at least three participants, one of which is a bank; (b) clearing or settlement is all or partly in Zambian Kwacha; ( c) the payment obligations that arise from clearing within the system or arrangement are ultimately settled through adjustments to the account of one or more participants at the Bank of Zambia or other settlement agent; " clearing house " means a corporation, association, partnership o� agency that provides clearing or settlement services for a designated payment system but does not include a stock exchange; " clearing house rules " means the common rules or standardised arrangements issued by a clearing house for a payment system that has been approved by the Bank of Zambia under this Act; " collateral " means an asset or third party commitment that is delivered by the participant and accepted by the clearing house to secure a settlement obligation; " designate " means to. appoint, assign or recognise a payment, clearing or settlement system , payment system business or participant; "designated payment system " means a payment system designated by tlie Bank of Zambia under section five; " document " includes a reccrd generated by, or stored in, an electronic medium; " electronic medium " means any digital storage system that preserves records exclusively in a non-rewritable format, verifies the quality and accuracy of the recording process, serialises the units of storage media, creates a time date record whenever information is placjld on the storage media and permits the immediate downloading of electronic data stored to any other media, including magnetic media, optical media, electronic media or any other such technology; "electronic transmission" means the transfer of electronic data· through guided or _unguided electro - magnetic energy or other source from one electro'nic medium to another; ·' National Payment Systems [No. 1 of2007 5 "failure to settle" means the inability to settle a settlement obligation by a participant by the minute in the hour and date stipulated in settlement arrangements; '.' failure to settle arrangements " means measures agreed by the participants and approved by the Bank of Zambia to manage a failure to settle; " finality of payment " means the irrevocable and uncondi!ional crediting of funds to the account of a . payee; " finality of settlement " means the irrevocable and unconditional discharge of settlement obligations between participants; "financial institution" has the meaning assigned to it in the Banking and Financial Services Act; Cap.-387 "intermediary" means any receiving bank or participant other than the paying bank or beneficiary bank; " irrevocable " in relation to a payment or settlement instruction, means a payment or settlement that can not be countermanded by the payer or paying bank or any other person; " money " means a bank note or coin issued by the Bank of Zambia in accordance with the Bank of Zambia Act; " netting " means the determination of net settlement obligations between two or more participants within a payment system; " netting agreement " means an agreement within a payment system that provides for the netting of present or future payment obligations against the present or future rights to receive payments; " netted balance '' means an amount calculated m accordance with a netting agreement as the net debt payable by or on behalf of one party to the agreement to, or on behalf of, another party or parties to the agreement for any dealing or transaction under the agreement; " participant " means a member of a payment system; " paying.bank" means a bank which receives a payment · instruction; "payment obligation" means an indebtedness that is owed by one participant to another as a result of the clearing of payment instructions; 6 No. 1 of 2007] National Payment Systems " payment order " means an unconditional instruction, in any form, to a participant to place at the disposal of a beneficiary a fixed or determinable amount of money; " payment instruction " means an instruction to transfer funds or make a payment; " payment system " means a clearing and settlement system operating under clearing house rules; " payment system business " means the business of providing money transfer or transmission services or any other business that the Bank of Zambia may prescribe as a payment system business; "person" includes a company, a partnership, an association and a group of persons acting in concert, whether or not incorporated; " purchased payment facility "means a facility purchased by one person from another in which value is stored, including an electronic purse or store of value facility; " receiving bank " means a bank that receives payment instructions from a paying bank or other intem1ediary; " settlement " means the discharge of settlement obligations by the Bank of Zambia or other settlement agent; "settlement agent" means the Bank of Zambia or a bank that facilitates settlement between participants within a payment system; " settlement cycle " means the period between two moments in time, within a calendar day, or across two or more calendar days, commencing with the initiation of a new settlement cycle date and ending at the moment of the initiation of the following settlement cycle date; " settlement cycle date " means the value date applicable to the settlement of payment obligations or settlement obligations settled or to be settled in any particular settlement cycle; " settlement obligation " means an indebtedness by one participant to another as a result of any settlement instruction; " systemic risk " means the risk that the failure by any participant, for whatever reason, to meet its payment or settlement obligations, or both, within a payment system, may result in any other participant being unable to meet that participant's payment or settlement obligation, or both; and " working day " means any day other than a Satnrday, Sunday, public holiday or bank holiday. National Payment Systems [No. 1 of 2007 7 (2) In this Act, unless the context otherwise requires, words or expressions used but defined in the Bank ofZambia Act, the Banking and Financial Services Act or the Companies Act shall have the same meaning assigned to· them in those Acts. Act No. 43 of 1996 Cap. 387 Cap. 388