Zambia Act or statute

Zambia legislation

Business Regulatory Act, 2014

appointmentsauditcommittee allowancescommittee fundingcommittee governancecommittee procedureconfidentialitydelegationdisclosure of interestdocument disclosurefeesfinancial managementfinancial reportingfinancial yeargovernancegrantslegal immunitymeeting governancemeeting procedureoffences and penaltiesparliamentary reportingpublic compensationrecord keepingreportingsub-committee allowancessub-committeestenure

Jurisdiction: Zambia
Structure: 12 provisions
Citation: Act 3 of 2014
Dates: As at 24 Mar 2014

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Dates: As at 24 Mar 2014

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Purpose and legislative effect

“A non-ex officio Committee member serves a three-year term, may resign with one month’s written notice, may be re-appointed, and can stay on temporarily for up to three months until a successor is appointed.”

A non-ex officio Committee member serves a three-year term, may resign with one month’s written notice, may be re-appointed, and can stay on temporarily for up to three months until a successor is appointed. The Minister may appoint another member to fill a vacancy, and the replacement member serves only for the rest of the term. The Committee may set its own procedure, but it must meet at least quarterly and follow the notice, quorum, and voting rules set out here. The Committee may create sub-committees, delegate functions to them, appoint their members, and let them set their own procedure, subject to the Committee’s directions. The Minister may decide the allowances paid to Committee and sub-committee members.

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This Act may be cited as the Business Regulatory Act, 20 14

Section 1

General principles and interventions for regulating business

The Committee may create sub-committees, delegate functions to them, appoint their members, and let them set their own procedure, subject to the Committee’s directions.

Section 4

Approval of framework by Business Regulatory Review

A person must not disclose protected information without written consent from the Committee, except in the course of that person’s duties under the Act.

Section 7

Regulatory services centre and regulatory clearance

The Committee may accept grants or donations only with the Minister’s prior approval, and may charge fees for its services under the regulations.

Section 9

13. Powers of Committee

The Committee must send a report to the Minister within six months after the financial year ends, and the Minister must table it before the National Assembly within seven days after its first sitting following receipt.

Section 12

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Source record from zambialii.org · As at 24 Mar 2014

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Showing 12 of 12 provisions

Provision 10CommencementOffence

§ 1This Act may be cited as the Business Regulatory Act, 20 14Provision

1. (I ) Subject to this Act, a member of the Committee, who is not an ex officio member, shall hold office for a period of three years from the.date of appointment and is eligible for re-appointment for a further like period. Tenure of office of members of Commitlee ' (2) A member of the Committee, who is not an ex officio member, may resign upon giving one month's notice, in writing, to the organisation which recommended the member and to the Minister. (3) A member shall, on the expiration of the period for which the member is appointed, continue to hold office until a successor is appointed, but the further period shall not exceed three months.

Section 1Verify source

§ 2In this Act, unless the context otherwise requiresProvision

The Minister may appoint another member to fill a vacancy, and the replacement member serves only for the rest of the term.

2. The Minister may, where the office of a member becomes vacant before the expiry of the term of office, appoint in accordance with section twelve, another member .in place of the member who vacates office, but that member shall hold office only for the unexpired part of the term. Filling of casual vacancy

Section 2Verify source

§ 3(I) Notwithstanding any other law, this Act applies to allProvision

The Committee may set its own procedure, but it must meet at least quarterly and follow the notice, quorum, and voting rules set out here.

3. (1) Subject to the other prnvisions of this Act, the Committee may regulate its own procedure. Proceedings of Committee (2) The Committee shall meet for the transaction of business at least once in every quarter at such places and times as the Committee may detennine. (3) A meeting of the Committee may be called by the Chairperson, upon giving notice of not less than fourteen days, and shall be called by the Chairperson if not less than one-third of the members so request in writing, except that if the urgency of any particular matter does not permit the giving of that notice, a special meeting may be called upon a shorter notice given by the Chairperson or one-third of the members of the Committee. (4) Six members shall constitute a quorum at any meeting of the Committee. (5) There shall preside at any meeting of the Committee (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; (c) in the absence of the Vice-Chairperson such other member as the members present may elect for the purpose of that meeting. 24 No. 3 of2014] Business Regulatory (6) A decision of the Committee 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 presidiPg at the meeting shall have a casting vote, in addition to that person's deliberative vote. (7) The Committee may invite any person, whose presence is in its opinion desirable, to attend and to pmticipate in the deliberations ofa meeting of the Committee, but that person shall not have any vote. (8) The validity of any proceedings, acts or decisions of the Committee shall not be affected by any vacancy in the membership of the Committee or by any defect in the appointment of any member or by reason that any person not entitled lo do so, took part in the proceedings. Sub Conunittces

Section 3Verify source

Part

part in the proceedings.

§ 4General principles and interventions for regulating businessProvision

The Committee may create sub-committees, delegate functions to them, appoint their members, and let them set their own procedure, subject to the Committee’s directions.

4. ( I ) The Committee may, for the purpose of performing its functions under this Act, constitute sub-committees and delegate to the sub-committees such functions o f the Committee as it considers necessary. (2) Subject to subparagraph ( I ), the Committee may appoint as members of a sub-committee constituted under subparagraph (1), persons who are, or arc not, members of the sub-committee, except that a sub-committee shall be chaired by a member of the Committee. (3) A person serving as a member of a sub-committee shall hold office for such period as the Committee may determine. ( 4) Subject to any specific or general direction o f the Committee, a sub-committee may regulate its own procedure.

Section 4Verify source

§ 5( I ) Without prejudice to the principles and interventions setProvision

The Minister may decide the allowances paid to Committee and sub-committee members.

5. There shall be paid to a member of the Committee or a member ofa sub-committee such allowances as the Minister may determine.

Section 5Verify source

§ 6Procedure for imposition ofnew policy or lawCommencement

People present at a Committee or sub-committee meeting must disclose a private interest in the matter and must not join the discussion or vote.

6. (I) If any person is present at a meeting of the Committee or a sub-committee at which any matter is the subject of consideration, and in which matter that person or that person's relative is directly or indirectly interested in a private capacity, that person shall, as soon as is practicable after the commencement of the meeting, disclose such interest and shall not take part in any consideration or discussion of, or vote on any question relating to, that matter. Allowances Disclosure of interest Business Regulato,y [No. 3 of2014 25 (2) A disclosure of interest made under subparagraph ( 1 ) shall be recorded in the minutes of the meeting at which it is made. (3) In this paragraph, "relative" in relation to a person means (a) a parent, son, daughter, brother, sister, niece, uncle, aunt, ·grandparent or cousin of that person or that person's spouse; and (b) a spouse of that person.

Section 6Verify source

§ 7Approval of framework by Business Regulatory ReviewOffence

A person must not disclose protected information without written consent from the Committee, except in the course of that person’s duties under the Act.

7. ( I ) A person shall not, without the consent in writing given by, or on behalf of, the Committee, publish or disclose to an unauthorised person, otherwise than in the course of duties of that person, the contents of any document, communication or information whatsoever, which relates to or which has come to the knowledge of that person in the course of that person's duties under this Act. (2) A person who contravenes subparagraph ( 1 ) commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units orto imprisonment for a period not exceeding two years, or to both. (3) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of subparagraph (1), unlawfully publishes or communicates the information to any other person, commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

Section 7Verify source

§ 8E-registry and control numbersProvision

No action or proceeding may be brought against Committee members, subcommittee members, or Committee staff for acts or omissions done in good faith while exercising or trying to exercise powers, functions, or duties under the Act.

8. An action or other proceeding shall not lie or be instituted against a member oftheCommittee or a subcommittee or a member of staff of the Committee for, or in respect of, any act or thing done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance, of any of the powers, functions or duties conferred under this Act.

Section 8Verify source

§ 9Regulatory services centre and regulatory clearanceProvision

The Committee may accept grants or donations only with the Minister’s prior approval, and may charge fees for its services under the regulations.

9. ( 1 ) The funds of the Committee shall consist of such moneys as may- (a) be appropriated to the Committee by Parliament for the purposes of the Committee; and (b) otherwise vest in or accrue to the Committee. (2) The Committee may- (a) subject to the prior approval of the Minister, accept moneys by way of grants or donations from any source in or outside Zambia; and (b) in accordance with the regulations made under this Act, charge fees for services provided by the Committee. Prohibition of, publication ofor disclosure of information lo unauthorised persons Immunity Funds of Committee I 26 No. 3 of2014) Business Regulatory ; (3) There shall be paid from the funds of the Committee- (a) where appropriate, salaries, allowances, loans, gratuities and pensions of staff of the Business Regulatory Review Agency, and other payments for the recruitment and retention of staff; (b) such reasonable travelling and subsistence allowances for staff, members and members of any sub-committee when engaged on the business of the Committee or of the Business Regulatory Review Agency, at such rates as the Minister may determine; and (c) any other expenses incurred by the Committee and the Business Regulatory Review Agency in the performance oftheir functions. (4) The Committee and Business Regulatory Review Agency shall perfonn their functions in accordance with sound and prudent financial principles and shall ensure as far as possible that their revenues are sufficient to meet expenditure that is properly chargeable to revenue. (5) The charge or fee imposed on any services and facilities rendered by the Committee or Business Regulatory Review Agency shall be reasonably related to expenses incurred, or to be incurred, by the Committee or Business Regulatory Review Agency in relation to the provision of the service or facility.

Section 9Verify source

§ 10Single licensing systemProvision

The Committee’s financial year is the 12 months ending on 31 December each year.

10. The financial year ofthe Committee shall be the period of twelve months ending on 3 l st December of each year.

Section 10Verify source

§ 11Mechanisms for operationalisation of single licensing systemProvision

The Committee must keep proper accounting records, submit a yearly activity report to the Minister within 90 days after the financial year ends, include specified financial statements in that report, and have its accounts audited by the Auditor-General annually or when necessary.

11. (!) The Committee shall cause to be kept proper books of accounts and other records relating to its accounts. (2) The Committee shall, within ninety days of the expiry of the financial year, submit to the Minister a report concerning its activities during the financial year. (3) The report referred to in subparagraph (2) shall include statements of income and expenditure and a statement of affairs or balance sheet. ,I (4) The accounts of the Committee.shall be audited annually or whenever necessary by the Auditor-General.

Section 11Verify source

§ 1213. Powers of CommitteeProvision

12. ( I ) As soon as practicable, .but not later than six months after the end of the financial year, the Committee shall submit to the Minister a report concerning its activities, including the activities of the Business Regulatory Review Agency, during the last financial year. Financial year Accounts and Audit Business Regulato,y [No. 3 of2014 27 ' , (2) The report referred to in subsection (I), shall include annual Annual report accounts and information on the financial affairs of the Committee and there shall· be appended to the report- (a) an audited balance sheet; (b) an audited statement of income and expenditure; and (c) such other information as the Minister may require. (3) The Minister shall not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subparagraph (I), lay the report before the National Assembly. 28 r

Section 12Verify source

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