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Zambia legislation

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…

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Jurisdiction
Zambia
Structure
60 provisions
Citation
Act 4 of 2011
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“Section 2 is an interpretation heading for Part II of the Zambia Institute of Planners.”

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. Section heading: “Inspectors” in Part IV on registration of planners and planning firms. This section is titled as a prohibition on a person practising without registration.

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Showing 60 of 60 provisions

Provision 48Offence 10InterpretationCommencement

Part

PART I

§ 2In this Act, unless the context otherwise requiresInterpretation

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

2. Interpretation PART II THE ZAMBIA INSTITUTE OF PLANNERS
Section 2Verify source

Part

PART II

§ 6President and Vice-President of InstituteProvision

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

6. President and Vice-President of Institute
Section 6Verify source
§ 7Meetings oflnstituteProvision

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

7. Meetings oflnstitute • PART III THE COUNCIL OF THE INSTITUTE.
Section 7Verify source
§ 3(1) There is hereby established the Zambia Institute ofProvision

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

3. (1) There is hereby established the Zambia Institute of Planners which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and shall, subject to the provisions of this Act, have power to do all such acts and things as a body corporate may, by law, do or perform. (2) The provisions of the Schedule apply to the Institute.
Section 3Verify source
§ 4(I) The functions of the Institute are toProvision

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.

4. (I) The functions of the Institute are to- ( a) promote the spatial, aesthetic, economic and social development of urban and rural areas in the best interest of the community; (b) register planners and planning firms and regulate their professional conduct; ( c) register students of planning; (d) develop, promote, maintain and improve appropriate standards of qualification in the planning profession; ( e) develop, promote and enforce internationally comparable planning practice sta�dards in Zambia; (J) investigate allegations of professional misconduct and impose such sanctions as may be necessary; ( g) advise the Government on matters•relating to the planning .profession; Establishment of Institute ·Functions of Institute 42 No. 4 of 2011] Urban and Regional Planners PART III THE COUNCIL OF THE INSTITUTE Constitution of Council
Section 4Verify source

Part

PART III

§ 11InspectorsProvision

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

11. Inspectors PART IV REGISTRATION OF PLANNERS AND PLANNING FIRMS
Section 11Verify source
§ 8(I) There is hereby constituted the Council of the InstituteOffence

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

8. (I) There is hereby constituted the Council of the Institute which shall be responsible for the management and control of the affairs of the Institute. (2) The Council shall be elected in accordance with the provisions of the constitution of the Institute. (3) The Council shall consist of the following members: ( a) the' President; (b) the immediate past President; ( c) the Vice-President; ( d) the Honorary Secretary; ( e) the Vice-Honorary Secretary; (f) the Honorary Treasurer; ( g) a student member; and (h) two committee members. (4) A person shall not be qualified to be elected or nominated as a member of the Council if the person- ( a) has committed any professional misconduct within a period of five years preceding the election or nomination; (b) is in lawful custody or the person's freedom of movement is restricted under any law in force in, or outside,Zambia on the date of the election or nomination; ( c) has not been on the Register for at least three years preceding the election or nomination; or (d) has been declared to be of unsound mind under any law. (5) A member shall, subject to the other provisions of this Act, hold office for a term of three years and may be re-elected for a further term of three years. (6) Upon the expiration of the term for which a member is elected or nominated, the member shall continue to hold office until another member is elected or nominated, but in no case shall any extension of the period exceed three months. (7) The office of a member shall be vacated­ ( a) upon the members death; (b) if the member is adjudged bankrupt; Urban and Regional Planners [No. 4 of 2011 43 ( c) if the member is absent from three consecutive meetings of the Council, of which the member has had notice, without the prior approval of the Council; (d) upon the expiry of one month's notice of the member's intention to resign, given by the member, in writing, to the Council; ( e) if the member becomes mentally or physically incapable of performing duties as a member; (j) if the member is found guilty of professional misconduct; (g) if the member's registration is cancelled; or (h) if the member is convicted of an offence under this Act or any other law and sentenced to a term of imprisonment exceeding six months. (8) Where there is a vacancy in the membership of the Council before the expiry of the term of office, the Council shall appoint another person to replace the member who vacates office but that person shall only hold office for the remainder of the term. (9) The provisions of the Schedule apply to the Council.
Section 8Verify source
§ 9The functions of the Council are toProvision

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

9. The functions of the Council are to- ( a) perform all the functions of the Institute; (b) accredit planning educational institutions; ( c) take such steps as may be considered necessary for the protection of the public and the improvement of standards of service rendered by planners; (d) promote an understanding of professional ethics amongst the planners and create awareness of the importance of protecting the environment against unsound planning practices; ( e) ensure that the rules and guidelines for professional ethics developed by the Institute are responsive to the expectations of business institutions, the public and those who rely on planning work; (fj participate in the development of international planning practice standard setting; ( g) make recommendations affecting, or relating to, the · planning profession to the general meeting of the Institute; (h) promote continuing professional development among planners; and (i) do all such things and acts as the Institute or Council may do under this Act. Functions of Council , . : 46 No. 4 of 2011] Urban and Regional Planners Application for registration
Section 9Verify source
§ 14(I) A person shall apply to the Council for registration asProvision

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

14. (I) A person shall apply to the Council for registration as a planner in the prescribed manner and form upon payment of the prescribed fee. (2) The Council may, within thirty days of receipt of an application under subsection (I), grant or reject the application. (3) The Council shall, where it rejects an application under subsection (2), inform the applicant accordingly and give the reasons therefor.
Section 14Verify source
§ 15(I) The Council shall, where an applicant meets theOffence

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.

15. (I) The Council shall, where an applicant meets the requirements of this Act, issue the applicant with a certificate of registration if the applicant- ( a) is registered as a Member in accordance with the provisions of the constitution of the Institute; (b) possesses such knowledge, training and experience as may be prescribed; (c) holds a qualification from a training institution recognised by the Institute; ( d) is resident in Zambia, or has an established office or appointment in Zambia in the planning profession or allied profession; ( e) is of good character and good professional standing; and (f) meets such other requirements as the Institute may determine. (2) The Minister ·may, by statutory instrument, on the recommendation of the Institute, prescribe the qualifications for registration of a person as a planner . . 16. (I) A planning firm shall not provide any planning service or undertake any planning work unless that planning firm is registered in accordance with this Act. (2) A planning firm that contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding one million penalty units.
Section 15Verify source
§ 17(I) A planning firm or any other body intending to provideProvision

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

17. (I) A planning firm or any other body intending to provide any planning service or to undertake any planning work shall apply to the Council for registration in the prescribed manner and form upon payment of the prescribed fee. (2) The Council shall, within thirty days of receipt of an application under subsection (!),where the applicant meets the requirements of this Act, issue the applicant with a certificate of registration in a planning field if- Registration of planners Prohibition of planning finn practising without registration Application for registration of planning finn Urban and Regional Planners [No. 4 of 2011 47 ( a) the planning firm intends to practice in the planning field; and (b) the planning firm has an established office or appointment in Zambia in planning or an allied profession. (3) The Council shall, where it rejects an application, "inform the applicant accordingly and give the reasons therefor.
Section 17Verify source
§ 18( I ) A planner registered under this Act shall use theOffence

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

18. ( I ) A planner registered under this Act shall use the following titles and abbreviations: Titles for registered planner • Title Abbreviation Fellow of Zambia Institute of Planners Member of Zambia Institute of Planners FZIP MZIP Technician of Zambia Institute of Planners Tee ZIP Associate of Zambia Institute of Planners AZIP (2) A person shall not use a title or abbreviation under subsection ( 1) unless the person is registered in accordance with this Act. (3) A person who contravenes subsection (2)commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.
Section 18Verify source
§ 19(I) A person shall not qualify for registration as a plannerOffence

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

19. (I) A person shall not qualify for registration as a planner under this Act if the person (a) has been convicted of an offence involving fraud or dishonesty under this Act or any other law; (b) has been declared to be of unsound mind under any law in force in Zambia; ( c) is an undischarged bankrupt; or Disq.,alification from registration (d) has been found, by the Disciplinary Committee, to be guilty of professional misconduct.
Section 19Verify source
§ 20The Institute shall register students of planning inProvision

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

20. The Institute shall register students of planning in accordance with the provisions of the constitution of the Institute.
Section 20Verify source
§ 21Any person registered under this Act, shall notify theProvision

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

21. Any person registered under this Act, shall notify the Registrar of any change in particulars relating to the registration, within seven days of the change. Registration of students of planning Changes in detail .-'"" 50 No. 4 of 2011] Urban and Regional Planners Regulations relating to practising ccrtifictes
Section 21Verify source
§ 29The Minister may, by statutory instrument, on theProvision

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

29. The Minister may, by statutory instrument, on the recommendation of the Council, make regulations to provide for- ( a) the terms and conditions for the issuance of practising certificates; Conditions of certificate Prohibition of transfer of certificate Re­ registration Duplicate certificate of registration Certificate of status Register (b) the type of continuous professional development and training and any other information required for the issuance of a practising certificate; and ( c) any other matter necessary for purposes of this Act.
Section 29Verify source
§ 30A certificate issued under this Part shall contain such termsProvision
Section 30Verify source
§ 31A certificate issued under this Part shall not be transferredProvision

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

31. A certificate issued under this Part shall not be transferred to a third party.
Section 31Verify source
§ 32Where a certificate of registration has been cancelled orProvision
32. Where a certificate of registration has been cancelled or suspended, the holder of the certificate of registration may, subject to such terms and conditions as the Council may determine, apply for reregistration.
Section 32Verify source
§ 33(I) A person whose certificate of registration is destroyedProvision

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.

33. (I) A person whose certificate of registration is destroyed or lost may apply to the Registrar for a duplicate certificate in the prescribed manner and form upon payment of the prescribed fee. (2) The Registrar may, upon receipt of an application under subsection (!), issue a duplicate certificate of registration to the applicant.
Section 33Verify source
§ 34(I) A person may apply to the Registrar for a certificateProvision

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.

34. (I) A person may apply to the Registrar for a certificate of status containing particulars relating to the registration of a planner, planning firm or planning student in the prescribed manner and form and upon payment of the prescribed fee. (2) The Registrar may, within thirty days of the receipt of an application under subsection (I), issue a certificate of status to the applicant in the prescribed form.
Section 34Verify source
§ 35(I) The Registrar shall keep and maintain a Register of allProvision

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

35. (I) The Registrar shall keep and maintain a Register of all persons registered under this Act, in which the Registrar shall enter the details and particulars relating to- ( a) registered planners, planning firms or planning students; (b) the holders of practising certificates; ( c) the applications rejected and the reasons therefor; and (d) any other information as the Council may determine. Urban and Regional Planners [No. 4 of 2011 51 (2) The Register shall be kept in the custody of the Registrar at the offices of the Institute, and shall be open for inspection by members of the public during normal office hours upon payment of such fee as the Council may determine. (3) The Registrar may, upon application by aqy person, issue to the person a certified extract from the Register or a copy of a certificate of registration, upon payment of such fee as the Council may determine.
Section 35Verify source
§ 36(1) The Minister may, on the recommendation of theProvision

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.

36. (1) The Minister may, on the recommendation of the Council, make regulations prescribing the circumstances and manner in which a planner, planning firm or planning student Removal and restoration of name on Register (a) may be removed from the Register; and (b) who is removed from the Register, may be restored on the Register and the fee to be paid for the restoration. (2) Subject to subsection (!), a planner, planning firm or planning student who is removed from the Register ceases to be registered as a planner, planning firm or planning student. (3) The Council may, where a holder of a practising certificate does not intend to practise for a specified period of time, maintain the name of the holder of the practising certificate on the Register, in a non-practising category, for that period of time. (2) Subject to this Act, a copy of the last
Section 36Verify source
§ 37(1) The Registrar shall,-on the direction of the Council,Provision

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

37. (1) The Registrar shall,-on the direction of the Council, cause copies of the Register and any alterations thereof, or additions thereto, to be printed and published in such manner and form as the Council may direct. ' published and printed Register shall be evidence admissible in all legal proceedings of what is contained in that Register and the absence of the name of a planner, planning firm or planning student from that copy shall be prima facie evidence that the planner, planning firm or planning student is not registered.
Section 37Verify source
§ 38( 1) A person aggrieved with a decision of the Council may,Provision

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.

38. ( 1) A person aggrieved with a decision of the Council may, within thirty days of receiving the decision, appeal to the Minister. (2) A person aggrieved with a decision of the Minister may, within thirty days of receiving the decision, appeal to the High Court.
Section 38Verify source
§ 39(I) A person shall not, unless the person is registered as aOffence

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

39. (I) A person shall not, unless the person is registered as a planner or planning firm under this Act (a) practice as, be employed as, offer planning services, be engaged as an agent of,. or hold out to be, a planner or planning firm; Publication of copies of Register Appeals Holding out as planner or planning firm 54 No. 4 of 2011] Urban and Regional Planners Initiation of disciplinary action ( c) engages in conduct that is dishonest, fraudulent or deceitful; ( d) commits an offence under any other law; ( e) engages in any conduct that is prejudicial to the planning profession or is likely to bring it into disrepute; or (J) breaches the Code of Ethics or encourages another planner or planning firm to breach or disregard the principles of the Code of Ethics.
Section 39Verify source
§ 45(1) A person may lodge a complaint with the DisciplinaryProvision

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.

45. (1) A person may lodge a complaint with the Disciplinary Committee against a planner or planning firm where the person alleges that the planner or planning firm has contravened the Code of Ethics or any provision of this Act. (2) The Institute may initiate disciplinary action under this section where it has reasonable grounds to believe that a planner or planning firm has contravened the Code of Ethics or any provision of this Act. (3) A complaint or allegation shall be made to the Registrar in the prescribed manner and form. Disciplinary Commiuee
Section 45Verify source
§ 46(I) The Institute shall establish a Disciplinary CommitteeOffence

The Institute must establish a Disciplinary Committee.

46. (I) The Institute shall establish a Disciplinary Committee which shall comprise the following members: ( a) a Chairperson; (b) a Vice-Chairperson; ( c) the President of the Council; and ( d) five registered planners who are not members of the Council, elected at a general meeting of the Institute. (2) The Chairperson and Vice-Chairperson of the Disciplinary Committee shall be legal practitioners qualified to hold, or who have held, high judicial office. (3) A person shall not be appointed as a member of the Disciplinary Committee if the person- ( a) has committed or been convicted of any professional misconduct; (b) is in lawful custody or the person's freedom of movement is restricted under any law in force within or outside Zambia; ( c) has been convicted of an offence under any Jaw and sentenced to a term of imprisonment for a period exceeding six months; or (d) is declared to be of unsound mind under any written law. • • ( "" Urban and Regional Planners [No. 4 of 2011 55 Functions of Disciplinary Committee Proceedings of Disciplinary Committee (4) A member of the Disciplinary Committee shall hold office for three years and may be appointed for a further term of three years. (5) A member of the Disciplinary Committee shall not ·serve for more than two terms. (6) The Chairperson, or in the absence of the Chairperson, the Vice�Chairperson, shall preside at every meeting and sitting of the Disciplinary Committee.
Section 46Verify source
§ 47(I) The functions of the Disciplinary Committee are to hearProvision

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.

47. (I) The functions of the Disciplinary Committee are to hear and determine (a) any disciplinary actiori initiated by the Institute against a planner or planning firm that has contravened any provision of the Code of Ethics or any provision of this Act; or (b) any complaint·or allegation made byany person against a planner or planning firm. (2) The Disciplinary Committee may publicise, as it may consider appropriate, the facts relating to any planner or planning firm that is found guilty of, and punished for, professional misconduct.
Section 47Verify source
§ 48(I) Five members of the Disciplinary Committee shall formProvision

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.

48. (I) Five members of the Disciplinary Committee shall form a quorum. (2) Any question at a sitting or meeting of the Disciplinary Committee shall be decided by a majority of the votes of the members of the Disciplinary Committee at the sitting or meeting and in the event of an equality of votes, the person presiding at the sitting or meeting shall have a casting vote in addition to that person's deliberative vote. (3) All proceedings of the Disciplinary Committee shall be in camera. (4) The Disciplinary Committee shall cause to be kept a record of its proceedings. (5) A party to a hearing of the Disciplinary Committee may be represented by a legal practitioner or, if the party so elects, by any other person or in person. (6) A decision of the Disciplinary Committee shall be in the form of a reasoned judgment and a copy thereof shall be supplied to each party to the proceedings and to every person affected by the decision. ..,,,-,.,.___� '-._ '\._ ' I 58 No. 4 of 2011] Urban and Regional Planners Reports by Disciplinary Commiuec Appeals to High Court
Section 48Verify source
§ 50The I)isciplinary Committee shall, as soon as practicableProvision

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.

50. The I)isciplinary Committee shall, as soon as practicable after the completion of each hearing, submit to the Council a report of the proceedings together with a copy of the record.
Section 50Verify source
§ 51(I) A person aggrieved with a decision of the DisciplinaryProvision

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.

51. (I) A person aggrieved with a decision of the Disciplinary Committee may, within thirty days of receiving the decision, appeal to the High Court. (2) The Institute shall be the respondent on any appeal under this section. (3) A decision of the Disciplinary Committee under this Part shall not take effect until the expiration of the time for lodging an appeal against the decision or, if an appeal is lodged, until the time the appeal is disposed of, withdrawn .or struck out for want of prosecution, as the case may be. (4) The High Court may, on any appeal under this section ( a) confirm, vary or set aside any finding made, penally imposed or direction given by the Disciplinary Committee; (b) remit the matter to the Disciplinary Committee for further consideration in accordance with such directions as the High Court may give; or ( c) make such other order as to costs orotherwise as it considers appropriate. (5) Proceedings of the Disciplinary Committee shall not be set aside by reason only of some irregularity in those proceedings if such irregularity did not occasion a substantial miscarriage of justice.
Section 51Verify source
§ 52The Chief Justice may, by statutory instrument, make rulesProvision

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

52. The Chief Justice may, by statutory instrument, make rules regulating appeals to the High Court under this Par_t.
Section 52Verify source
§ 53( I ) The Chief Justice may, by statutory instrument, on theProvision

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

53. ( I ) The Chief Justice may, by statutory instrument, on the recommendation of the Council, make rules relating to- ( a) the manner and form for lodging of complaints under this Part; (b) the mode of summoning persons before the Disciplinary Committee; ( c) the form and manner of service of a summons requiring the attendance of a witness before the Disciplinary Committee and the production of any book, record, document or thing; Rules by Chief Justice Rules relating to disciplinary proceedings • Urban and Regional Planners [No. 4 of 2011 59 ( d) the procedure to be followed and rules of evidence to be observed in proceedings before the Disciplinary Committee; and ( e) the functions of the assessors to the Disciplinary Committee. (2) Rules made under this section may, in particular, provide ( a) that before any matters are referred to the Disciplinary Committee they shall, in such manner as may be provided by the rules, have been brought before, and investigated by, the Institute in this respect; (b) for securing notices for the proceedings and specifying the time and manner of the proceedings; and ( c) for securing that any party to the proceedings shall, if that person requires, be entitled to be heard by the Disciplinary Committee. PART VI GENERAL PROVISIONS
Section 53Verify source

Part

PART IV

§ 13Prohibition of person practising without registrationProvision

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

13. Prohibition of person practising without registration -14. Application for registration
Section 13Verify source
§ 16Prohibition of planning firm practising without registrationProvision

A planning firm must not practise unless it is registered.

16. Prohibition of planning firm practising without registration
Section 16Verify source
§ 17Application for registration of planning firmProvision

This section concerns applications for registration of a planning firm.

17. Application for registration of planning firm
Section 17Verify source
§ 20Registration of students of planningProvision

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

20. Registration of students of planning · 21. Changes in detail
Section 20Verify source
§ 23Prohibition of practise without practising certificateProvision

Practice is prohibited without a practising certificate.

23. Prohibition of practise without practising certificate
Section 23Verify source
§ 24Application for practising certificateProvision

Section 24 is titled “Application for practising certificate.”

24. Application for practising certificate
Section 24Verify source
§ 28Cancellation of practising certificateProvision

This section is titled “Cancellation of practising certificate.”

28. Cancellation of practising certificate
Section 28Verify source
§ 29Regulations relating to practising certificatesProvision

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

29. Regulations relating to practising certificates Single copies of this Act can be obtained from the Government Printer, P.O. Box 3013610101, Lusaka Price K16,000 each 36 No. 4 of 2011] . Urban and Regional Planners
Section 29Verify source
§ 31Prohibition of transfer of certificateProvision

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

31. Prohibition of transfer of certificate PART V PROFESSIONAL CONDUCT
Section 31Verify source

Part

PART V

§ 33Duplicate certificate of registrationProvision

Section 33 concerns duplicate certificates of registration.

33. Duplicate certificate of registration
Section 33Verify source
§ 36Removal and restoration of name on RegisterProvision

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

36. Removal and restoration of name on Register
Section 36Verify source
§ 39Holding out as planner or planning firmProvision

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

39. Holding out as planner or planning firm
Section 39Verify source
§ 41Offences °regarding registered planners or planning firmsOffence

This section concerns offences involving registered planners or planning firms.

41. Offences °regarding registered planners or planning firms
Section 41Verify source
§ 42Recognition of foreign qualifications and institutionsProvision

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

42. Recognition of foreign qualifications and institutions PART VI DISCIPLINARY COMMITTEE
Section 42Verify source

Part

PART VI

§ 48Proceedings of Disciplinary CommitteeProvision

Proceedings of the Disciplinary Committee.

48. Proceedings of Disciplinary Committee
Section 48Verify source
§ 53Rules relating to disciplinary proceedingsProvision

Section heading only: rules relating to disciplinary proceedings.

53. Rules relating to disciplinary proceedings
Section 53Verify source
§ 54Jurisdiction over acts committed outside ZambiaProvision

54. Jurisdiction over acts committed outside Zambia

54. Jurisdiction over acts committed outside Zambia
Section 54Verify source
§ 55Presumption of non-registrationProvision

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

55. Presumption of non-registration / PART VII GENERAL PROVISIONS 56. No execution on property of Institute
Section 55Verify source
§ 54(l) A court of competent jurisdiction shall have jurisdictionOffence

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

54. (l) A court of competent jurisdiction shall have jurisdiction over planners or planning firms for any act committed outside Zambia which, if it had been committed in Zambia, would have been an offence or professional misconduct under this Act. Jurisdiction over acts committed outside Zambia (2) Any proceedings agai'nst a planner or planning firm under this section which would be a bar to subsequent proceedings against the planner or planning firm, for the same offence, if the offence had been committed in Zambia, shall be a bar to further proceedings against the planner or r,lanning firm under any written law relating to the extradition of persons, in respect of the same offence outside Zambia. (3) The Mutual Legal Assistance in Criminal Matters Act shall Cap. 98 apply to proceedings under this Act. f;S. In any criminal proceedings against a planner or planning firm upon a charge of having performed an act which constitutes an offence if performed by an unregistered planner or planning firm, the planner or planning firm charged shall be presumed to be unregistered unless that planner or planning firm proves the contrary. Presumption of non­ registration 62 No. 4 of 2011] Urban and Regional Planners Proceedings of Council
Section 54Verify source
§ 2In this Act, unless the context otherwise requiresProvision

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

2. (1) Subject to the other provisions of this Act, the Council may regulate its own procedure. (2) The Council shall meet for the transaction of business at least once in every three months at such places and times as the Council may determine. (3) Upon giving notice of not less than fourteen days, a meeting of the Council may be called by the President and shall be called if not less than one-third of the members so request in writing: Provided that if the urgency of a particular matter does not permit the giving of notice, a special meeting may be called upon giving a shorter notice. ( 4) One half of the members of the Council shall form a quorum. (5) There shall preside at a meeting of the Council- ( a) the President; (b) in the absence of the President, the Vice-President; or ( c) in the absence of the President and the Vice-President, a member of the Council as the members present may elect from amongst themselves for the purpose of that meeting. (6) A decision of the Council on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a casting vote. (7) Where a member is for any reason unable to attend a meeting of the Council, the member may, in writing, nominate another person from the same organisation to attend the meeting in that member's stead and such person shall be deemed to be a member for the purpose of that meeting. (8) The Council may invite any person whose presence, in its opinion, is desirable to attend and participate in the deliberations of a meeting of the Council, but that person shall have no vote. (9) The validity of any proceedings, act or decision of the Council shall not be affected by any vacancy in the membership of the Council or any defect in the appointment of any member or by reason that any person not entitled to do so, took part in the proceedings. (10) The Council shall cause minutes to be kept of the proceedings of every meeting of the Council and any committee established by the Council. / Urban and Regional Planners [No. 4 of 2011 63 Committees Allowances Disclosure of interest Prohibition of pub! icatiori of, or disclosure of information to unauthorised persons
Section 2Verify source
§ 3(I) The Council may, for the purpose of performing itsProvision

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

3. (I) The Council may, for the purpose of performing its functions under this Act, constitute a committee and delegate to the committee such functions of the Council as it considers necessary. (2) The Council may appoint as members of a committee constituted under subparagraph (!), persons who are, or are not, members of the Council and such persons shall hold office for such period as the Council may determine. (3) Subject to any specific or general direction of the Council, \mstituted under this paragraph may regulate its any committee c 1 own procedure. ,
Section 3Verify source
§ 4A member of the Council, or any committee thereof, shallProvision

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

4. A member of the Council, or any committee thereof, shall be paid such all9wances as the Council may, with the approval of the Minister, determine.
Section 4Verify source
§ 5(!) If any person is present at a meeting of the Council, or aCommencement

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.

5. (!) If any person is present at a meeting of the Council, or a committee of the Council, at which any matter, in which that person or that person's �pouse is directly or indirectly interested in a private capacity, is the �ubject of consideration, that person shall, as soon as practicable lifter the commencement of the meeting, disclose that interest and shall not, unless the Council or the committee --otherwise directs, take part in any consideration or discussion of, or vote on any question relating to that matter. (2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which the disclosure is made.
Section 5Verify source
§ 6(I) A person shall not, without the consent in writing givenOffence

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

6. (I) A person shall not, without the consent in writing given by or on behalf of the Council, publish or disclose to any unauthorised person, otherwise than in the course of that person's duties, the contents of any document, communication or information whatsoever, which relates to, and which has come to that person's knowledge in the course of that person's duties under this Act. (2)' A person who contravenes sub-paragraph (I) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (3) A person who, having information which to the knowledge of that person has been published or disclosed in contravention of sub-paragraph (I), unlawfully publishes or communicates the information to any other person, commits an offence and is liable, upon conviction, . to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. 66
Section 6Verify source

Part

PART VII

§ 58Offences by body corporate or unincorporate bodyOffence

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

58. Offences by body corporate or unincorporate body
Section 58Verify source
§ 60RegulationsProvision

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

60. Regulations SCHEDULE Urban and Regional Planners [No. 4 of 2011 39 "practising certificate" means a certificate issued under section twenty-four; "President" means the person elected President of the Institute pursuant to section six; "professional misconduct" has the meaning assigned to it under section forty-four; "Register" means the Register referred to under section thirty­ five; "Registrar" means the person appointed as Registrar under section ten; and "VicePresident" means the person elected VicePresident of the Institute pursuant to section six. PART II THE ZAMBIA INSTITUTE OF PLANNERS
Section 60Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

  • Code of Ethics or any provision of this Act

    Section 47

  • Ethics or any provision of this Act

    Section 45

  • Ethics or encourages another planner or planning firm to breach or disregard the principles of the Code

    Section 39

T–Z

1 instrument

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

    Section 3

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