Standards Act, 2017
This section gives the Act its short title and says it starts on a date appointed by the Minister by statutory instrument.
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- Act 4 of 2017
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About this statute
This section gives the Act its short title and says it starts on a date appointed by the Minister by statutory instrument. This section defines key terms used in the Act. The Zambia Bureau of Standards continues to exist under this Act as a body corporate and may sue, be sued, and carry out the acts of a body corporate, subject to the Act. The Bureau decides what its seal looks like, the Executive Director keeps it, and seal use must be authenticated by the listed officers or an authorised person. The Bureau is empowered to run Zambia’s standards system, provide testing and certification services, support public information and training, and set certain fees.
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Provisions of Standards Act, 2017
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Part
PART I
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Short title and commencement
This section gives the Act its short title and says it starts on a date appointed by the Minister by statutory instrument.
1. This Act may be cited as the Standards Act, 2017, and shall come into operation on such date as the Minister may, by statutory instrument, appoint. Short title and commencement - 2 Verify source ↗
Interpretation
This section defines key terms used in the Act.
2. (1) In this Act, unless the context otherwise requires— Interpretation “ associate ” has the meaning assigned to it in the Anti- Corruption Act, 2012; Act No. 3 of 2012 “ Board ” means the Board of the Bureau established under section 6; “ Bureau ” means the Zambia Bureau of Standards continued under section 3; “ certification mark ” means a Zambia Bureau of Standards mark declared under section 26 to be a mark of conformity in relation to a product or service; 100 No. 4 of 2017] Standards Cap. 1 Cap. 1 “ Chairperson ” means the person appointed Chairperson of the Board under section 6; “ commodity ” means an article or product, whether manu- factured or not; “ conformity assessment ” means the procedure used to de- termine, directly or indirectly, that the relevant requirements of a standard or technical regulation relating to a product, process, system or body has been fulfilled, and includes inspection, testing and certification or a combination of in- spection, testing and certification; “ Director ” means a person appointed as such under section 11; “ emoluments ” has the meaning assigned to it in the Constitution; “ Emoluments Commission ” means the Emoluments Commission established under Article 232 of the Constitution; “ Executive Director ” means the person appointed Executive Director of the Bureau under section 11; “ informative document ” means a document to which reference is made in the standard for information, and for which application can be done without referencing; “ inspection ” means the examination of a product, product design, process or installation and determination of its conformity with general or specific requirements or on the basis of professional judgement; “ manufacture ” means to produce, assemble, alter, modify, convert, process or treat; “ member ” means a person appointed as a member of the Board under section 7; “ National Enquiry Point ” means the centre that is charged with the responsibility of providing information regarding technical regulations, standards and conformity assessment notified to the WTO as required in terms of the WTO TBT Agreement; “ normative document ” means a document relating to a standard to which reference is made in a standard in a manner that makes the reference indispensable for the application of the standard; Standards [No. 4 of 2017 101 “ power ” has the meaning assigned to it in the Constitution; Cap. 1 “ product ” means a commercially distributed good that is tangible personal property, an output or result of a fabrication, manufacturing or production process and passes through a distribution channel being consumed or used; “ publish ” in relation to a Zambian National Standard, means making available a publication by printing, electronic, photographic or other means; “ relative ” has the meaning assigned to it in the Anti- Corruption Act, 2012; “ repealed Act ” means the Standards Act, 1994; “ Secretary ” means the person appointed as such under section 11; “ service ” means a service provided for remuneration and at the request of a recipient of a service, and includes the process used to deliver the service; “ standard ” means a document that provides for common and repeated use of rules, guidelines or characteristics for products, services or processes and production methods, including terminology, symbols, packaging, marking or labelling requirements that apply to a product, service, process or production method; “ State institution ” has the meaning assigned to it in the Act No. 3 of 2012 Cap. 416 Constitution; Cap. 1 “ Vice-Chairperson ” means a person appointed as such under section 6; “ WTO TBT Agreement ” means the World Trade Organisation Agreement on Technical Barriers to Trade; “ WTO ” means the World Trade Organisation; “ Zambia Bureau of Standards ” means the Zambia Bureau of Standards provided for under the repealed Act and continued under this Act; and Cap. 416 “ Zambian National Standard ” means a standard approved by the Bureau under this Act. (2) Except where the contrary intention appears, a reference in this Act to a standard is a reference to the standard as amended. 102 No. of 2017] Standards PART II Continuation of Bureau Cap. 416 Seal of Bureau Functions of Bureau THE ZAMBIA BUREAU OF STANDARDS
Part
PART II
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Continuation of Bureau
The Zambia Bureau of Standards continues to exist under this Act as a body corporate and may sue, be sued, and carry out the acts of a body corporate, subject to the Act.
3. The Zambia Bureau of Standards provided for under the repealed Act shall continue to exist as if established under this Act, as a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to this Act, to do all such acts and things as a body corporate may, by law, do or perform. - 4 Verify source ↗
Seal of Bureau
The Bureau decides what its seal looks like, the Executive Director keeps it, and seal use must be authenticated by the listed officers or an authorised person.
4. (1) The seal of the Bureau shall be such device as may be determined by the Bureau and shall be kept by the Executive Director. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Executive Director or any other person authorised in that behalf by a resolution of the Board. (3) A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Bureau by the Executive Director or any other person generally or specifically authorised by the Board in that behalf. (4) A document purporting to be a document under the seal of the Bureau or issued on behalf of the Bureau shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. - 5 Verify source ↗
Functions of Bureau
The Bureau is empowered to run Zambia’s standards system, provide testing and certification services, support public information and training, and set certain fees.
5. (1) The functions of the Bureau are to— (a) develop, publish, maintain or withdraw Zambian National Standards and related normative publications serving the standardisation needs of Zambia; (b) administer and maintain standards and ensure conformity with standards; (c) provide inspection services, testing services and system and product certification; (d) provide a voluntary certification mark scheme for the assurance of product conformity to standards; (e) promote quality health and safety standards for commodities, products and services; (f) facilitate efficiency in industry and promote trade through standardisation; (g) facilitate training in, and provide public education on, standards and quality assurance; Standards [No. 4 of 2017 103 (h) render conformity assessment and related services; (i) participate and represent Zambia in international, regional and foreign bodies with functions similar to the functions of the Bureau; (j) manage and coordinate the multilateral or bilateral interactions with national standards bodies from other countries; (k) provide information services to the public on standards and distribute Zambian National Standards and similar publications from international and regional bodies; (l)provide information for the protection of the consumers on products and services which do not comply with this Act; (m) cooperate with State institutions and international organisations in ensuring conformity with standards; (n) operate as the National Enquiry Point, in consultation with the relevant Ministries; and (o) provide for a research and development programme for new standards, improvement of existing standards, standardisation of test methodology and the articulation of future needs that might affect the standards environment. (2) The Bureau may— (a) determine the fees payable for an inspection conducted for the purposes of this Act; (b) determine fees for training services and sale of Zambian Natonal Standards testing services, product certification and system certification; and (c) determine what portion of a fee is payable in respect of any part of a year and the date on which the fee or portion of the fee is payable. - 6 Verify source ↗
Board of Bureau
This section sets out how the Board for the Bureau is composed, who appoints its leadership and members, who cannot be appointed, and how members leave office or stay on temporarily.
6. (1) There is constituted a Board for the Bureau which consists of the following part-time members appointed by the Minister: Board of Bureau (a) a representative of the Ministry responsible for industry; (b) a representative of the Attorney General; (c) two persons representing manufacturers and chambers of commerce respectively; and (d) three persons with experience and knowledge in matters relevant to this Act. 104 No. 4 of 2017] Standards (2) The Minister shall appoint the Chairperson of the Board from amongst the members of the Board who are not public officers. (3) The members of the Board shall elect the Vice-Chairperson from amongst themselves. (4) A person shall not be appointed as a member of the Board if that person— (a) is not a citizen of Zambia; (b) is an undischarged bankrupt; (c) has a mental disability that makes the person incapable of performing the functions of a member; or (d) is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine. (5) A member shall hold office for a period of three years and may be reappointed for one further period of three years. (6) A member may resign upon giving one month’s notice, in writing, to the Minister. (7) The office of a member becomes vacant if the member— (a) dies; (b) resigns; (c) is absent, without reasonable excuse, from three consecutive meetings of the Board of which the member has had notice; (d) is adjudged bankrupt; (e) is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine; or (f) has a mental disability which makes the member incapable of performing the functions of a member. (8) 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 in no case shall the further period exceed four months. (9) The Minister shall, whenever the office of a member becomes vacant before the expiring of the term of office, appoint another person in place of that member but that person shall hold office as a member only for the unexpired part of the term of the Board. Standards [No. 4 of 2017 105 - 7 Verify source ↗
Functions of Board
The Board is the Bureau’s governing body and must carry out the Bureau’s functions; the Minister may make a performance contract with the Board.
7. (1) The Board shall be the governing body of the Bureau and shall exercise and perform the functions of the Bureau. Functions of Board (2) Without prejudice to the generality of subsection (1), the functions of the Board are to— (a) oversee the implementation and successful operation of the policy and functions of the Bureau; (b) review and approve the policy and strategic plans of the Bureau; (c) approve the annual budget and plans of the Bureau; (d) approve the methodology for the development and approval of Zambian National Standards; (e) approve the investment of the funds of the Bureau in accordance with Ministerial approval and relevant regulations; (f) monitor and evaluate the performance of the Bureau against budgets and plans; and (g) do all such things as are connected with, or incidental to, the functions of the Board under this Act. (3) The Minister may enter into a performance contract with the Board for a specified period, which shall be consistent with the provisions of this Act. - 8 Verify source ↗
Proceedings of Board
The Board can manage its own procedure, but it must meet at least once every three months, keep minutes, and follow rules on notice, quorum, presiding, and voting.
8. (1) Subject to the other provisions of this Act, the Board may regulate its own procedure. (2) The Board shall meet for the transaction of its business at least once in every three months at such places and times as it may determine. (3) A meeting of the Board may be called by the Chairperson upon giving notice of not less than fourteen days and shall be called by the Chairperson if one third or more of the members so request in writing, except that if the urgency of a particular matter does not permit the giving of the notice, a special meeting may be called upon giving a shorter notice. (4) Four members shall constitute a quorum at a meeting of the Board. (5) There shall preside at a meeting of the Board— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; and Proceedings of Board 106 No. 4 of 2017] Standards (c) in the absence of the Chairperson and the Vice- Chairperson, such other member as the members present may elect for the purpose of that meeting. (6) A decision of the Board 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 a casting vote in addition to that person’s deliberative vote. (7) A member appointed under section 6(1) (a) and (b) who is, for any reason, unable to attend a meeting of the Board may, in writing, nominate another person from the same organisation to attend the meeting in that member’s stead and that person shall be deemed to be a member for the purpose of that meeting. (8) The Board may invite a person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Board, but that person shall have no vote. (9) The validity of any proceedings, acts or decisions of the Board shall not be affected by a vacancy in the membership of the Board or by any defect in the appointment of a member or by reason that a person not entitled to do so took part in the proceedings. (10) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and every meeting of a committee of the Board. - 9 Verify source ↗
Committees of Board
The Board may create committees, delegate functions to them, appoint their members, and let committees regulate their own procedure, subject to the Board’s directions.
9. (1) The Board may, for the purpose of performing its functions under this Act, establish such committees as it considers necessary and delegate to any of those committees such of its functions as it may determine. (2) The Board may appoint as members of a committee, persons who are or are not members, except that at least one member of a committee shall be a member of the Board. (3) A person serving as a member of a committee shall hold office for such period as the Board may determine. (4) Subject to any specific or general direction of the Board, a committee may regulate its own procedure. - 10 Verify source ↗
Emoluments
Board and committee members are entitled to emoluments set by the Emoluments Commission.
10. A member of the Board or any committee of the Board shall be paid such emoluments as the Emoluments Commission may determine. - 11 Verify source ↗
Executive Director, Directors, Secretary and other staff
The Board appoints the Executive Director, and the Executive Director and Secretary have defined duties.
11. (1) The Board shall appoint the Executive Director of the Bureau on such terms and conditions as it may determine with the approval of the Emoluments Commission. Committees of Board Emoluments Executive Director, Directors, Secretary and other staff Standards [No. 4 of 2017 107 (2) The Executive Director shall be the chief executive of- ficer of the Bureau and shall be responsible, under the direction of the Board, for the day-to-day administration of the Bureau. (3) The Executive Director shall attend meetings of the Board and may address a meeting, but shall not vote on any matter. (4) The Board may appoint, on such terms and conditions as it may determine with the approval of the Emoluments Commission, the Directors, Secretary and such other staff as it considers necessary for the performance of the functions of the Bureau and Board under this Act. (5) The Secretary shall perform corporate secretarial duties for the Board and such other functions as the Board may determine, under the direction of the Board and the Executive Director. - 12 Verify source ↗
Standards Consultative Forum
The Board may convene an ad hoc consultative forum, and it must set the forum’s procedure rules. The forum must consider and recommend matters about standards, consumer protection, public safety, health, cooperation, and law reform.
12. (1) The Board may, whenever the need arises, convene an adhoc consultative forum consisting of representatives of organisations and State institutions with an interest in promoting standardisation in industry and commerce. (2) The Standards Consultative Forum shall— (a) consider matters that promote consumer protection, industrial efficiency and development through standardisation; (b) make recommendations to the Board on— (i) the impact of standards in public safety and health and factors affecting compliance with standards; (ii) areas of cooperation to secure the adoption of standards; and (iii) any other matter on which the Board requests for input for purposes of this Act; and Standards Consultative Forum (c) recommend areas for law reform taking into account international best practice. (3) The Board shall establish rules for the procedure of the standards consultative forum which are consistent with the provisions of this Act. - 13 Verify source ↗
Disclosure of interest
People present at Board or committee meetings must promptly declare relevant private interests and, unless the Board or committee directs otherwise, must not join the discussion or vote on the matter.
13. (1) A person who is present at a meeting of the Board or a committee of the Board at which any matter is the subject of consideration, and in which matter that person or that person’s relative or associate is directly or indirectly interested in a private capacity shall, as soon as is practicable after the commencement Disclosure of interest 108 No. 4 of 2017] Standards of the meeting, declare that interest and shall not, unless the Board 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 sub section (1) shall be recorded in the minutes of the meeting at which it is made. (3) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or imprisonment for a term not exceeding two years, or to both. - 14 Verify source ↗
Prohibition of publication or disclosure of information to
A person must not disclose certain Act-related information to an unauthorised person without written consent from or on behalf of the Bureau.
14. (1) A person shall not, without the consent, in writing, given by or on behalf of the Bureau, publish or disclose to an unauthorised person, otherwise than in the course of that person’s duties, the contents of a document, communication or information 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 subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term 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 subsection (1), unlawfully publishes or communicates the information to another person commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. - 15 Verify source ↗
Immunity
People covered by this section are protected from being sued or prosecuted for acts or omissions done in good faith while carrying out powers under the Act.
15. An action or other proceeding shall not lie or be instituted against a member of the Board, committee of the Board or a member of staff of the Bureau for, or in respect of, an act or thing done or omitted to be done in good faith in the exercise or performance of any of the powers conferred under this Act. Prohibition of publication or disclosure of information to unauthorised persons Immunity Standards [No. 4 of 2017 109 PART III ZAMBIAN NATIONAL STANDARDS
Part
PART III
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Zambian National Standards
The Bureau must set up and maintain a system for developing and publishing Zambian National Standards, and it may create technical committees, recognise standards organisations, and withdraw a standard in some cases.
16. (1) The Bureau shall establish and maintain a system to develop and publish Zambian National Standards in conformity with international norms and best practice. Zambian National Standards (2) The Bureau may, in the development of a Zambian National Standard— (a) establish national technical committees and provide for their composition, functions and tenure; and (b) recognise standards development organisations for a specified scope of activity, except that such organisations shall comply with the criteria set out in the standard development process referred to in subsection (3). (3) The Bureau shall develop and maintain a standard to provide for the process to be used to set or amend and approve a Zambian National Standard. (4) The Zambian National Standard referred to in subsection (1) shall be approved by the Board and shall comply with the requirements of international and regional trade agreements to which Zambia is a party. (5) The Bureau may withdraw a Zambian National Standard if it is no longer required or is outdated or cannot be amended or revised. (6) Where the Zambian National Standard referred to in subsection (5) is used in regulation or incorporated in a written law, the Bureau shall consult the relevant State institution responsible for the regulation of the written law before withdrawing the Zambian National Standard. - 17 Verify source ↗
Development of normative and information documents
The Bureau may develop, publish, amend, and withdraw normative and informative documents that are not Zambian National Standards.
17. (1) The Bureau may develop, publish, amend and withdraw normative and informative documents other than Zambian National Standards. (2) A document published in terms of subsection (1) shall specify that the document does not have the status of a Zambian National Standard. Development of normative and informative documents - 18 Verify source ↗
Publication of standard
The Bureau must publish Zambian National Standards, including amendments, revisions, or withdrawals, in the Gazette, and the Gazette notice must give the title, number, date of issue, scope, and purpose. A person must not issue a document that could make it seem like it is or contains a Zambian National Standard.
18. (1) The Bureau shall publish a Zambian National Standard, including an amendment, revision or withdrawal of the Zambian National Standard, in the Gazette. Publication of standard (2) The notice in the Gazette shall— (a) state the title, number and date of issue of the Zambian National Standard; and 110 No. 4 of 2017] Standards (b) contain a summary of the scope and purpose of the Zam- bia National Standard or its amendment. (3) Despite the provisions of any other written law, a person shall not issue a document which creates or may create the im- pression that it contains or is a Zambian National Standard. Incorporation of standard in legislation - 19 Verify source ↗
Incorporation of standard in legislation
A published Zambian National Standard may be incorporated into a law by reference or by title and number.
19. (1) A Zambian National Standard that is published in the Gazette pursuant to section 18 may be incorporated in any law by reference or title and number. Copyright in standard and publication Restriction on certain claims on products and services (2) Where a Zambian National Standard is incorporated in any law in terms of subsection (1) without indicating the year or edition number and that Zambian National Standard is amended or revised, the amended or revised Zambian National Standard shall be deemed to have been incorporated. - 20 Verify source ↗
Copyright in standard and publication
The Bureau owns copyright in Zambian National Standards and Bureau publications, and people must not publish, reproduce, or record protected documents without the Bureau’s authorisation.
20. (1) Despite the provisions of any other law— (a) the copyright in a Zambian National Standard or a publication issued by the Bureau is vested in the Bureau; and (b) the Bureau shall not be deprived of the copyright referred to in paragraph (a), if a Zambian National Standard, a provision of the Zambian National Standard or any publication issued by the Bureau is incorporated into a law in terms of this Act or any other law. (2) A person shall not publish, reproduce or record in any manner or form a document or part of the document in which the copyright vests in the Bureau, without the authorisation of the Bureau. - 21 Verify source ↗
Restriction on certain claims on products and services
A person must not falsely claim a product or service meets a Zambian National Standard, and must not imply Bureau or Board approval in sales or supply contexts unless the product or service is formally licensed under a conformity assessment scheme.
21. (1) A person shall not claim or declare that a product or service conforms with a Zambian National Standard or other publication of the Bureau, unless the claim or declaration is true and accurate in all material aspects. (2) A person shall not, in connection with the sale of a product or the supply of a service, refer directly or indirectly to the Bureau or the Board in a manner or under circumstances likely to create the impression that the product or service has been approved by the Bureau or the Board, unless the product or service is formally licensed in terms of a conformity assessment scheme administered by or on behalf of the Bureau under Part IV. Standards [No. 4 of 2017 111 PART IV CONFORMITY ASSESSMENT SERVICES
Part
PART IV
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Inspection services
The Bureau may provide inspection services, with Board approval, and must staff, equip, and manage them with quality systems to protect integrity.
22. (1) The Bureau may, with the approval of the Board, establish, maintain and provide inspection services to the public and private sectors. Inspection services (2) The Bureau may enter into contracts with the public and private sectors for the provision of inspection services. (3) The Bureau shall, in order to ensure the integrity of the inspection services— (a) appoint suitably qualified staff with knowledge of the relevant sectors; (b) establish suitable infrastructure to enable it to perform the required tests; and (c) operate quality management systems in accordance with the relevant international standards. - 23 Verify source ↗
Testing services
The Bureau may establish and maintain testing laboratories with Board approval, and it must carry out several testing-service duties and quality measures.
23. (1) The Bureau may, with the approval of the Board, establish and maintain testing laboratories in order to provide scientific and technical services to the public and private sectors. Testing services (2) The Bureau shall, in providing analytical and testing services and in setting up the testing laboratories— (a) provide information on analytical methods and comparative testing to other laboratories; (b) co-ordinate the development of new analytical methods; and (c) participate in interlaboratory comparisons and proficiency testing schemes among testing laboratories at national, regional and international level. (3) The Bureau may enter into contracts with the public and private sectors for the provision of testing services. (4) The Bureau shall, in order to ensure the integrity of the testing services— (a) appoint suitably qualified persons with knowledge of the relevant sectors; (b) establish suitable infrastructure to enable it to perform the required tests; and (c) operate quality management systems in accordance with the relevant international standards. 112 No. 4 of 2017] Standards (5) The Bureau shall, in order to ensure the integrity of the testing services, attain accreditation for test laboratories to international standards. - 24 Verify source ↗
Product certification
The Minister can set up product certification schemes and declare certification marks, but people must not misuse certification marks and the Bureau must not unreasonably refuse authorisation for compliant products.
24. (1) The Minister may, on the recommendation of the Board, by statutory instrument— Product certification Cap. 401 Cap. 416 System certification (a) establish product certification schemes to be administered by the Bureau; and (b) declare a mark to be a certification mark for the purposes of certifying conformity of a product with a declared standard. (2) A certification mark shall not be declared which so closely resembles a trade mark registered under the Trade Marks Act as to be likely to be mistaken for that trade mark. (3) A person shall not apply a certification mark to a product that does not comply with the requirements of the relevant standard except with the authority of the Bureau, in writing, and in accordance with this Act or any other relevant law. (4) The Bureau shall not unreasonably withhold an authorisation of a product that conforms with the relevant standard. (5) A person shall not apply to a product or commodity, or otherwise use in connection with the supply or promotion of a product or commodity, a mark that so closely resembles a certification mark as to be likely to be mistaken for the certification mark, unless it was registered as a trade mark before the commencement of the repealed Act. (6) A person shall not, in connection with the supply or promotion of a product or commodity, make any reference to the Board or the Bureau or to any certification mark, except to the extent authorised under subsection (3). (7) A person who contravenes this section commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units. - 25 Verify source ↗
System certification
This section lets the Minister set up and declare certification marks for system certification, lets people apply for a mark with Bureau authority, and forbids misleading use or references to certification marks. Breaches are offences punishable by a fine.
25. (1) The Minister may, on recommendation of the Board, by statutory instrument— (a) establish a system certification scheme to be administered by the Bureau; and (b) declare a mark to be a certification mark for the purposes of providing independent evidence of conformity of a company, process or body with a management system standard. Standards [No. of 2017 113 (2) A certification mark shall not be declared which so closely resembles a trade mark registered under the Trade Marks Act as to be likely to be mistaken for that trade mark. Cap. 401 (3) A person may, with the written authority of the Bureau, in accordance with this Act or any other written law, apply for a certification mark in respect of a management system where the system conforms with the requirements of the relevant standard. (4) The Bureau shall not unreasonably withhold an authorisation under this section for a management system that conforms with the relevant standard. (5) A person shall not apply to a product or commodity, or otherwise use in connection with the supply or promotion of a management system, any mark that so closely resembles a certification mark as to be likely to be mistaken for the certification mark, unless it was registered as a trade mark before the commencement of the repealed Act. (6) A person shall not, in connection with the promotion of a management system, make any reference to the Board or the Bureau or to any certification mark, except to the extent authorised under subsection (3). (7) A person who contravenes this section commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units. Cap. 416 - 26 Verify source ↗
Certification mark
The Minister may prescribe the certification mark for all products and services in the Republic by statutory instrument.
26. The certification mark for all products and services in the Republic shall be as prescribed by the Minister by statutory instrument. Certification mark PART V FINANCIAL PROVISIONS
Part
PART V
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Funds of Bureau
The Bureau’s funds come from appropriations, grants or donations, and other monies that vest in or accrue to it. The Bureau may accept grants or donations, borrow money, charge service fees, and the Board may invest unused funds, but Ministerial approval is required for the Bureau’s fundraising and investing powers.
27. (1) The funds of the Bureau shall consist of such monies as may— Funds of Bureau (a) be appropriated to the Bureau by Parliament; (b) be paid to the Bureau by way of grants or donations; or (c) vest in or accrue to the Bureau. (2) The Bureau may, subject to the approval of the Minister— (a) accept monies by way of grants or donations from a source within or outside Zambia; (b) raise by way of loans or otherwise, such monies as it may require for the discharge of its functions; and 114 No. 4 of 2017] Standards (c) charge and collect fees for services provided by the Bureau. (3) There shall be paid from the funds of the Bureau— (a) the emoluments of the members and staff of the Bureau as approved by the Emoluments Commission; (b) such travelling and other allowances for members of the Board, members of a committee of the Board or staff of the Bureau when engaged on the business of the Bureau at such rates as the Emoluments Commission may approve; and (c) any other expenses incurred by the Bureau in the performance of its functions under this Act. (4) The Board may, with the approval of the Minister, invest in such manner as it considers appropriate, such funds of the Bureau that it does not immediately require for the discharge of its functions. - 28 Verify source ↗
Financial year
The Bureau’s financial year is a 12-month period ending on 31 December.
28. The financial year of the Bureau shall be a period of twelve months ending on 31st December. - 29 Verify source ↗
Accounts and audit
The Bureau must keep proper accounting records, have its accounts audited every year, and pay the Auditor-General’s fees.
29. (1) The Bureau shall cause to be kept proper books of account and other records relating to its accounts. (2) The accounts of the Bureau shall be audited annually by the Auditor-General or an auditor appointed by the Auditor-General. (3) The Auditor-General’s fees shall be paid by the Bureau. Financial year Accounts and audit Annual report - 30 Verify source ↗
Annual report
The Bureau must submit an annual report to the Minister within 90 days after the financial year ends, and the Minister must table it in the National Assembly within 7 days after the first sitting following receipt.
30. (1) As soon as practicable, but not later than ninety days after the end of the financial year, the Bureau shall submit to the Minister a report concerning its activities during the financial year. (2) The report referred to in subsection (1) shall include information on the financial affairs of the Bureau and there shall be appended to that report (a) an audited statement of financial position; (b) an audited statement of comprehensive income; 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 subsection (1), lay the report before the National Assembly. Standards [No. 4 of 2017 115 PART VI GENERAL PROVISIONS
Part
PART VI
- 31 Verify source ↗
Appeals
A person aggrieved by a Bureau decision may appeal to the Minister within 30 days, and a person aggrieved by a Minister decision may appeal to the High Court.
31. (1) A person aggrieved with the decision of the Bureau under this Act may appeal to the Minister within thirty days of the receipt of the decision of the Bureau. Appeals (2) A person aggrieved with a decision of the Minister may appeal to the High Court. Immunity from execution of judgments Prohibition on use of certain words - 32 Verify source ↗
Immunity from execution of judgments
If a judgment is obtained against the Bureau, the Bureau must pay the awarded amount from its revenues.
32. Where a judgment order is obtained against the Bureau, execution, attachment or process of any nature shall not be issued against the Bureau or against any property of the Bureau, but the Bureau shall cause to be paid out of its revenues such amount as may, by the judgment or order, be awarded against the Bureau to the person entitled to such amount. - 33 Verify source ↗
Prohibition on use of certain words
A person must not use certain standards-related words in names, trade names, marks, or descriptions in ways that suggest an official connection or compliance with standards under the Act.
33. (1) A person shall not commence or register an activity, society, trade, company, business, occupation or association under any name containing the words “Bureau of Standards”, “Standards Bureau”, “Council of Standards”, “Standards Council”, “Standards Board”, “Board of Standards” or other words that purport that the person is, or is connected or associated with, the Bureau or the Board. (2) A person shall not— (a) under any law, register any trade or trade name that contains the word “standard”; or (b) supply any commodity under a mark or description that contains the word “standard”; in a manner that purports that the commodity to which the trade mark, trade name or description relates conforms with any standard under this Act. (3) A person who contravenes this section commits an offence. - 34 Verify source ↗
General penalty
A person who breaks an Act provision that has no specific penalty can be fined up to 100,000 penalty units, jailed for up to one year, or both, if convicted.
34. A person who contravenes a provision of this Act for which a specific penalty is not provided for shall, upon conviction, be liable to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both. - 35 Verify source ↗
Offences by principal officer or shareholder ofbody corporate
If a body corporate or unincorporated body commits an offence, a director, manager, or shareholder who is suspected and charged may be liable on conviction to the offence’s penalty, unless they prove lack of knowledge, consent, or connivance, or show they took reasonable steps to prevent it.
35. Where an offence under this Act is committed by a body corporate or unincorporated body, and the director, manager or shareholder of that body is suspected to have committed the offence and is charged of that offence, that director, manager or shareholder of the body corporate or unincorporate body is liable, upon convic- tion, to the penalty specified for the offence, unless the director, manager or shareholder proves to the satisfaction of the court that General penalty Offences by principal officer or shareholder of body corporate or unincorporate body 116 No. 4 of 2017] Standards the act constituting the offence was done without the knowledge, consent or connivance of the director, manager or shareholder or that the director, manager or shareholder took reasonable steps to prevent the commission of the offence. - 36 Verify source ↗
Regulations
The Minister may make regulations, after consulting the Bureau, by statutory instrument, to better carry out this Act.
36. The Minister may, in consultation with the Bureau, by statu- tory instrument, make regulations for the better carrying out of the provisions of this Act. - 37 Verify source ↗
Repeal of Cap. 416
The Standards Act, 1994 is repealed, but the Schedule still applies to the matters it lists.
37. (1) The Standards Act, 1994, is repealed. (2) Despite subsection (1), the provisions of the Schedule apply in respect of the matters specified in that Schedule. Regulations Repeal of Cap. 416 Standards [No. 4 of 2017 117 Transitional provisions SCHEDULE (Section 37(2))
Part
SCHEDULE
- 1 Verify source ↗
Short title and commencement
When registration is required for a transferred asset, the Bureau must apply to the appropriate registration authority, and the authority must update the register and related title records without charging registration fees or other duties.
1. (1) On or after the commencement of this Act, there shall be transferred to, vest in and subsist against the Bureau by virtue of this Act and without further assurance, such assets, rights, liabilities and obligations as the Minister may determine which immediately before that date were the assets, rights, liabilities and obligations of the Zambia Bureau of Standards which are necessary for performance of the Bureau’s functions under this Act. (2) Subject to subsection (1), every deed, bond and agreement, other than an agreement for personnel service, to which the Zambia Bureau of Standards was a party immediately before the commencement of this Act whether or not of such a nature that rights, liabilities and obligations could be assigned shall, unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this subsection, have effect as if - (a) the Bureau had been party to it; (b) for any reference to the Zambia Bureau of Standards there was substituted, with respect to anything falling to be done on or after the commencement of this Act, a reference to the Bureau; or (c) for any reference to any officer of the Zambia Bureau of standards, not being a party to it and beneficially interested, there were substituted, as respects anything falling to be done on or after the commencement of this Act, a reference to such officer of the Bureau as it shall designate. (3) Where under this Act, any assets, rights, liabilities and obligations of the Zambia Bureau of Standards are deemed to be transferred to the Bureau in respect of which transfer a written law provides for registration, the Bureau shall make an application, in writing, to the appropriate registration authority for registration of the transfer. (4) The registration authority, referred to in subsection (3), shall make such entries in the appropriate register as shall give effect to the transfer and, where applicable issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register and shall endorse the deeds relating to the title, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction. 118 No. 4 of 2017] Standards Legal Proceedings - 2 Verify source ↗
Interpretation
Pending proceedings involving the Zambia Bureau of Standards may continue, and after commencement new proceedings about related rights, liabilities, or obligations may be brought by or against the Bureau.
2. (1) Any legal proceedings or application of the Zambia Bureau of Standards pending immediately before the commence- ment of this Act by or against the Zambia Bureau of Standards may be continued by or against the Bureau. (2) After the commencement of this Act, proceedings in re- spect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Zambia Bureau of Standards may be instituted by or against the Bureau. Staff of Zambia Bureau of Standards - 3 Verify source ↗
Continuation of Bureau
Certain staff must be transferred to the Bureau, their service counts as continuous service, and pre-commencement rights and liabilities are not affected.
3. (1) There shall be transferred to the service of the Bureau such staff as are necessary for the performance of the functions of the Bureau under this Act. (2) The service of the persons referred to in subsection (1) shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any person employed or appointed by the Zambia Bureau of Standards before the commencement of this Act.
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Standards Act, 2017
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