Urban and Regional Planners Act, 2010

Section 2 is an interpretation heading for Part II of the Zambia Institute of Planners.

Section title: President and Vice-President of the Institute.

Section heading for meetings of the Institute in Part III, The Council of the Institute.

The Zambia Institute of Planners is established as a body corporate and may carry out corporate acts under the Act.

The Institute must carry out listed functions, including promoting urban and rural development, registering planners and firms, regulating conduct, setting standards, investigating misconduct, imposing sanctions, and advising Government.

Section heading: “Inspectors” in Part IV on registration of planners and planning firms.

This section creates the Council of the Institute and gives it responsibility for managing and controlling the Institute’s affairs.

The Council has a range of functions, including accrediting planning educational institutions, promoting ethics and professional development, and supporting planning standards.

A person must apply to the Council for registration as a planner in the prescribed form and manner and pay the prescribed fee.

The Council must issue a certificate of registration to an applicant who meets the Act’s requirements. A planning firm must not do planning work unless it is registered, and a breach is an offence punishable by a fine of up to one million penalty units.

Planning firms or other bodies offering planning services or work must apply to the Council for registration and pay the prescribed fee.

Registered planners must use the specified titles and abbreviations, and unregistered persons must not use them.

A person cannot qualify for registration as a planner if they have certain disqualifying histories or statuses.

The Institute must register planning students in line with the Institute’s constitution.

Registered persons must notify the Registrar of any change in registration particulars within seven days.

The Minister may make regulations by statutory instrument, on the Council’s recommendation, about practising certificates and related training requirements.

The Council may determine the terms and conditions that a certificate issued under this Part must contain.

A certificate issued under this Part must not be transferred to a third party.

If a certificate of registration is cancelled or suspended, the holder may apply for reregistration, subject to any terms and conditions the Council sets.

If a registration certificate is destroyed or lost, the person may apply to the Registrar for a duplicate, and the Registrar may issue one after receiving the application.

A person may apply to the Registrar for a certificate of status, and the Registrar may issue it within 30 days after receiving the application.

The Registrar must keep and maintain a register of registered persons and enter specified details in it.

The Minister may make regulations about removing and restoring planners, planning firms, or planning students on the Register, and the Council may keep a practising certificate holder’s name on the Register in a non-practising category for a stated period.

The Registrar must, when directed by the Council, print and publish copies of the Register and any changes or additions.

A person aggrieved by a Council decision may appeal to the Minister within 30 days, and a person aggrieved by a Minister decision may appeal to the High Court within 30 days.

A person may not act or hold out as a planner or planning firm unless registered under the Act.

A person may complain to the Disciplinary Committee about a planner or planning firm, and complaints or allegations must be made to the Registrar in the prescribed form.

The Institute must establish a Disciplinary Committee.

The Disciplinary Committee can hear and decide disciplinary matters, complaints, or allegations about planners or planning firms, and may publicise facts about a person or firm found guilty and punished for professional misconduct.

The Disciplinary Committee must have five members for quorum, decide questions by majority vote, keep proceedings in camera, keep a record, allow party representation, and give reasoned judgments to affected parties.

After each hearing, the Disciplinary Committee must submit a report of the proceedings and a copy of the record to the Council as soon as practicable.

A person aggrieved by a Disciplinary Committee decision may appeal to the High Court within 30 days; the Institute is the respondent, the decision is held back while appeal time runs or an appeal is pending, and the High Court can confirm, change, set aside, or remit the matter.

The Chief Justice may make rules, by statutory instrument, for appeals to the High Court under this Part.

The Chief Justice may make rules, by statutory instrument and on the Council’s recommendation, for disciplinary proceedings before the Disciplinary Committee.

This section is titled as a prohibition on a person practising without registration.

A planning firm must not practise unless it is registered.

This section concerns applications for registration of a planning firm.

Section heading only: “Registration of students of planning” and “Changes in detail.”

Practice is prohibited without a practising certificate.

Section 24 is titled “Application for practising certificate.”

This section is titled “Cancellation of practising certificate.”

This text shows the section title on practising certificates, but the extracted body is publication information rather than a substantive rule.

Section 31 is titled “Prohibition of transfer of certificate.”

Section 33 concerns duplicate certificates of registration.

This section concerns removal and restoration of a name on the Register.

Section 39 is titled “Holding out as planner or planning firm.”

This section concerns offences involving registered planners or planning firms.

This section is titled “Recognition of foreign qualifications and institutions” and appears in Part VI on the Disciplinary Committee.

Proceedings of the Disciplinary Committee.

Section heading only: rules relating to disciplinary proceedings.

54. Jurisdiction over acts committed outside Zambia

This provision is titled “Presumption of non-registration.”

A competent court may exercise jurisdiction over planners or planning firms for certain acts done outside Zambia.

The Council may regulate its own procedure and must follow rules on meetings, quorum, voting, notice, and minutes.

The Council may form committees, delegate functions to them, appoint members, and the committee may set its own procedure subject to Council directions.

Council or committee members are entitled to allowances, which the Council determines with the Minister’s approval.

A person at a Council or committee meeting must disclose any private interest in the matter and must not join the discussion or vote unless the Council or committee directs otherwise.

A person must not publish or disclose protected information without written consent from or on behalf of the Council.

This section concerns offences by a body corporate or an unincorporate body.

This section defines several terms used in the schedule, including “practising certificate,” “President,” “professional misconduct,” “Register,” “Registrar,” and “VicePresident.”