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Business Regulatory (Amendment) Act, 2018

Section 3 amends section 2 by deleting the definition of “Committee” and adding new definitions for “associate”, “Board”, “Executive Director”, and “relative”. This section amends the principal Ac…

accountingaccounts and auditagency fundingagency governanceappointmentappointment of staffasset transferauditboard governanceboard meetingsboard membershipboard procedureborrowingBusiness registrationbusiness regulationcommittee administrationconfidentialitycontract continuityCompany lawcorporate powerscorporate statusdisclosure of interestsdocument authenticationEmployment lawexecution of instrumentsexecutive managementfinancial reportinggovernancegrants and donationsinstitutional reorganisationinvestmentsland/title registrationmeetingsminutesoffencesoversightpenaltiespublic consultationpublic sector administrationquorumregulation-makingregulatory administrationregulatory agencyregulatory appealsregulatory complianceregulatory impact assessmentregulatory reviewreportingresearchresignationseal managementstaffingstatutory reportingtenureterms of servicevacancy
Jurisdiction
Zambia
Structure
29 provisions
Citation
Act 14 of 2018
Dates
As at 26 Dec 2018
More statute details
Dates
As at 26 Dec 2018

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01

Purpose and legislative effect

“Section 3 amends section 2 by deleting the definition of “Committee” and adding new definitions for “associate”, “Board”, “Executive Director”, and “relative”.”

Section 3 amends section 2 by deleting the definition of “Committee” and adding new definitions for “associate”, “Board”, “Executive Director”, and “relative”. This section amends the principal Act by repealing Parts III, IV and V and replacing them with a new Part III titled the Business Regulatory Review Agency. The Business Regulatory Review Agency is established as a body corporate and has the power, subject to the Act, to do the things a body corporate may lawfully do. The Agency’s seal may be chosen by the Agency, must be kept by the Secretary, and its use must be authenticated by specified officers or authorised persons. The Agency must run and support an efficient, cost-effective, accessible business licensing system and carry out the listed regulatory functions.

02

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Section 3

Section 3 amends section 2 by deleting the definition of “Committee” and adding new definitions for “associate”, “Board”, “Executive Director”, and “relative”.

Section 3

Section 17

Board members serve for three years, may be reappointed once for another three years, may stay on briefly until a successor is appointed, and must give one month’s written notice to resign.

Section 17

Section 24

The Board must appoint an Executive Director, the Emoluments Commission may set the appointment terms, and the Executive Director must attend Board meetings but may speak only and not vote.

Section 24

Section 31

A person or public body aggrieved by an Agency decision may appeal to the Minister within 30 days, and a person or public body aggrieved by the Minister’s decision may appeal to the High Court.

Section 31

Section 4

The Agency may appoint needed Civil Service officers as its officers, on terms set by the Emoluments Commission, and those terms must not be less favourable than the officers’ Public Service terms.

Section 4

04

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Source record from zambialii.org · As at 26 Dec 2018

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Showing 29 of 29 provisions

Provision 13Amendment 9Repeal 3Offence 2
§ 3Section 3Repeal

Section 3 amends section 2 by deleting the definition of “Committee” and adding new definitions for “associate”, “Board”, “Executive Director”, and “relative”.

3. Section 2 of the principal Act is amended by— (a) the deletion of the definition of “Committee”; and Amendment of section 2 (b) the insertion of the following new definitions in the appropriate places: “associate” has the meaning assigned to the word in the Anti-Corruption Act, 2012; “Board” means the Board of the Agency constituted Act No. 3 of 2012 under section 15; “Executive Director” means the person appointed as Executive Director under section 24; “relative” has the meaning assigned to the word in the Anti-Corruption Act, 2012;. Act No. 3 of 2012 Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K24.00 each. 302 No. 14 of 2018] Business Regulatory (Amendment) Repeal and replacement of Parts III, IV and V Establish- ment of Agency
Section 3Verify source
§ 4Section 4Repeal

This section amends the principal Act by repealing Parts III, IV and V and replacing them with a new Part III titled the Business Regulatory Review Agency.

4. The principal Act is amended by the repeal of Parts III, IV and V and the substitution therefor of the following: PART III THE BUSINESS REGULATORY REVIEW AGENCY
Section 4Verify source

Part

PART III

§ 12There is established the Business Regulatory ReviewProvision

The Business Regulatory Review Agency is established as a body corporate and has the power, subject to the Act, to do the things a body corporate may lawfully do.

12. There is established the Business Regulatory Review Agency which is a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with the power, subject to the provisions of this Act, to do all acts and things that a body corporate may, by law, do or perform. Seal of Agency
Section 12Verify source
§ 13Section 13Provision

The Agency’s seal may be chosen by the Agency, must be kept by the Secretary, and its use must be authenticated by specified officers or authorised persons.

13. (1) The seal of the Agency shall be a device that may be determined by the Agency and shall be kept by the Secretary. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or another 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 Agency by the Secretary 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 Agency or issued on behalf of the Agency shall be received in evidence and shall be considered to be so executed or issued, as the case may be, without any further proof, unless the contrary is proved. Functions of Agency
Section 13Verify source
§ 14Section 14Amendment

The Agency must run and support an efficient, cost-effective, accessible business licensing system and carry out the listed regulatory functions.

14. (1) The functions of theAgency are to provide an efficient, cost-effective and accessible business licensing system. (2) Despite the generality of subsection (1), the Agency shall— (a) review a matter relating to business regulation or licensing on its own initiative or on a representation from a person or business; (b) advise Government on matters relating to business regulation and licensing; (c) issue guidelines and standards for regulatory impact assessments and public consultations to be undertaken by regulatory agencies; (d) manage and update the e-registry; (e) approve regulatory frameworks submitted under this Act; Business Regulatory (Amendment) [No. 14 of 2018 303 (f) promote more accessible and systematic public consultation strategies and develop a website portal for public interventions on issues of business regulation; (g) advise regulatory agencies on the efficient and cost effective regulation and licensing of business activities; (h) monitor and report on the activities of regulatory agencies related to business regulation, quality control and compliance with this Act; (i) determine requests for licensing of business activities by a regulatory agency; (j) design an annual action plan for the implementation of regulatory services centres and a single licensing system and oversee and coordinate the implementation of the action plan; and (k) carry out, periodically, regulatory impact assessments on business regulation and licensing.
Section 14Verify source
§ 15Section 15Amendment

This section sets up the Board, requires certain members to be nominated by their institutions, lets the Minister appoint the Chairperson with an exclusion, lets Board members elect the Vice-Chairperson, and bars some disqualified people from being nominated or appointed.

15. (1) There is constituted the Board of the Agency which comprises the following part-time members appointed by the Minister: Board of Agency (a) a representative of the Attorney-General; (b) a representative each of the Ministries responsible for— (i) commerce; and (ii) local government; (c) a representative each of the— (i) Zambia Association of Manufacturers; and (ii) Economics Association of Zambia; and (d) one person, from the private sector, with expertise in business regulation. (2) The persons referred to in subsection (1)(a), (b) and (c) shall be nominated by their respective institutions. (3) The Minister shall appoint the Chairperson from among the members, except members appointed under subsection (1)(a) and (b). (4) The members of the Board shall elect the Vice-Chairper- son from amongst themselves. (5) A person shall not be nominated or appointed as a member of the Board if that person— 304 No. 14 of 2018] Business Regulatory (Amendment) (a) has been convicted of an offence under any law and sentenced to a term of imprisonment of not less than six months without the option of a fine; (b) is legally disqualified from performing the duties of a member of the Board; or (c) is adjudged or declared bankrupt. Functions of Board
Section 15Verify source
§ 16Section 16Amendment

The Board runs the Agency’s functions, approves key plans and reports, and reports quarterly on business regulation quality.

16. (1) The Board is the governing body of the Agency and shall exercise and perform the functions of the Agency. (2) Without limiting the generality of subsection (1), the functions of the Board are to— (a) approve the policies, programmes and strategies of the Agency; (b) approve the annual work plan, action plans and activity reports of the Agency; (c) approve the annual budget estimates and financial statements of the Agency; (d) produce, at least once a quarter, a report on the quality of business regulation, and propose any actions necessary to improve the business environment so as to support the developmental policies of the Government; and (e) monitor and report on the activities of regulatory agencies related to business regulation, quality control and compliance with this Act. (3) In the performance of its functions, the Board may— (a) require a public body or a person to provide it with such information as the Board may require for the performance of its functions; (b) invite representations from the public; (c) undertake and publish, studies, research and evaluations for purposes of this Act; and (d) liaise with other research bodies within and outside Zambia carrying out comparable studies, research and evaluation. (4) The Minister may enter into a performance contract with the Board for a specific period, which shall be consistent with the provisions of this Act. Business Regulatory (Amendment) [No. 14 of 2018 305
Section 16Verify source
§ 17Section 17Offence

Board members serve for three years, may be reappointed once for another three years, may stay on briefly until a successor is appointed, and must give one month’s written notice to resign.

17. (1) Subject to the other provisions of this Act, a member of the Board shall hold office for a period of three years from the date of appointment and may be reappointed for one further period of three years. Tenure of office and vacancy (2) A member shall, on the expiration of the period for which that member is appointed, continue to hold office until a successor is appointed, but in no case shall the further period exceed four months. (3) The office of a member becomes vacant if that member— (a) dies; (b) is adjudged bankrupt; (c) is absent from three consecutive meetings of the Board of which the member has had notice, without the prior approval of the Board; (d) resigns; (e) becomes legally disqualified from performing the duties of a member of the Board; (f) is removed by the Minister; (g) ceases to be a member of the organisation which nominated the member; or (h) is convicted of an offence under this Act or any other law and sentenced to imprisonment for a period exceeding six months without the option of a fine. (4) The Minister shall, where the office of a member becomes vacant before the expiry of the term of office, appoint another member 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. (5) A member may resign from office by giving not less than one month’s notice in writing to the Minister.
Section 17Verify source
§ 18Section 18Amendment

This section sets out how the Board holds meetings, makes decisions, and keeps minutes.

18. (1) Subject to the other provisions of this Act, the Board may regulate its own procedure. Proceedings of Board (2) The Board shall meet for the transaction of business, at least once in every three months at the places and times that the Board may determine. (3) The Chairperson shall call for a meeting of the Board, on giving notice of not less than fourteen days, 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 notice, a special meeting may be called on giving a shorter notice. 306 No. 14 of 2018] Business Regulatory (Amendment) (4) The quorum at a meeting of the Board shall be seven. (5) There shall preside at any meeting of the Board— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; and (c) in the absence of both the Chairperson and the Vice- Chairperson, a member that the members present may elect from amongst themselves for the purpose of that meeting. (6) A decision of the Board on any question shall be by a majority of votes 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 any meeting of the Board, the member may, in writing, nominate another person from the same organisation to attend that meeting in that member’s stead and that person is considered to be a member for the purpose of that meeting. (8) The Board may invite any person whose presence is in its opinion desirable to attend and to participate in the deliberations of a meeting of the Board but that person shall have no vote. (9) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by 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 Board shall cause minutes to be kept of the proceedings of every meeting of the Board and every meeting of a committee established by the Board. Committees of Board
Section 18Verify source
§ 19Section 19Provision

The Board may create a committee, delegate functions to it, appoint its members, and set how long they hold office.

19. (1) The Board may for the purpose of performing its functions under this Act, constitute a committee and delegate to that committee functions that the Board considers necessary. (2) The Board may appoint as members of a committee constituted under subsection (1), persons who are or are not members of the Board and that persons shall hold office for a period that the Board may determine. Allowances of members
Section 19Verify source
§ 20There shall be paid to members of the Board or anyAmendment

Board and committee members must be paid allowances, and the Minister determines the amount with Emoluments Commission approval.

20. There shall be paid to members of the Board or any committee of the Board allowances that the Minister may determine with the approval of the Emoluments Commission. Business Regulatory (Amendment) [No. 14 of 2018 307
Section 20Verify source
§ 21Section 21Commencement

A person at a Board or committee meeting must disclose any relevant private interest promptly and must not join the discussion or vote on that matter.

21. (1) A person who is present at a meeting of the Board or a committee of the Board at which any matter, in which that person or that person’s relative or associate is directly or indirectly interested in a private capacity, is the subject of consideration shall, as soon as is practicable after the commencement of the meeting, disclose that interest and shall not 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 section shall be recorded in the minutes of the meeting at which it is made.
Section 21Verify source
§ 22Section 22Offence

A person must not disclose covered documents, communications, or information without written consent from the Board, unless doing so in the course of duties under the Act.

22. (1) A person shall not, without the consent in writing given by or on behalf of the Board, otherwise than in the course of duties of that person, publish or disclose to any other person, the contents of any 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, on 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 any other person, commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
Section 22Verify source
§ 23An action or other proceeding shall not lie or be institutedProvision

Board members and Agency staff are protected from legal proceedings for good-faith acts done while carrying out their statutory powers, functions, or duties.

23. An action or other proceeding shall not lie or be instituted against a member of the Board or a committee of the Board, or a member of staff of the Agency, for or in respect of any act or thing done or omitted to be done in good faith in the exercise or performance, of any of the powers, functions or duties conferred under this Act. Disclosure of interest Prohibition of publication of, or disclosure of information to unauthorised persons Immunity of members of Board and staff of Agency
Section 23Verify source
§ 24Section 24Provision

The Board must appoint an Executive Director, the Emoluments Commission may set the appointment terms, and the Executive Director must attend Board meetings but may speak only and not vote.

24. (1) The Board shall appoint, on the terms and conditions that the Emoluments Commission may determine, the Executive Director, who shall be the chief executive officer of the Agency. Executive Director (2) The Executive Director shall attend the meetings of the Board and may address those meetings but shall not vote on any matter.
Section 24Verify source
§ 25The Board shall appoint a Secretary, on the terms andAmendment
25. The Board shall appoint a Secretary, on the terms and Secretary conditions that the Emoluments Commission may determine. 308 No. 14 of 2018] Business Regulatory (Amendment) Directors and other staff
Section 25Verify source
§ 26ProvisionProvision

The Board may appoint Directors and other staff for the Agency.

26. The Board may appoint, on the terms and conditions that the Emoluments Commission may determine, Directors and other staff that it considers necessary for the performance of the functions of the Agency. PART IV FINANCIAL PROVISIONS Funds of Agency
Section 26Verify source

Part

PART IV

§ 27Section 27Provision

The Agency’s funds come from appropriations and can also come from grants, donations, loans, and other borrowing, but some actions need ministerial approval.

27. (1) The funds of the Agency consist of monies that may be appropriated by Parliament. (2) The Agency may, subject to the approval of the Minister— (a) accept monies by way of grants or donations from any source within or outside Zambia; or (b) raise by way of loans or otherwise, monies that it may require for the discharge of its functions. There shall be paid from the funds of the (3) Agency— (a) the emoluments of the members and staff of the Agency as approved by the Emoluments Commission; (b) travelling and other allowances for members of the Board, members of a committee of the Board or staff of the Agency when engaged on the business of the Agency at rates that the Agency may approve; and (c) any other expenses incurred by the Agency in the performance of its functions under this Act. (4) The Board may, with the approval of the Minister, invest in a manner that it considers appropriate funds of the Agency that it does not immediately require for the discharge of its functions. Financial year Accounts and audit
Section 27Verify source
§ 28The financial year of the Agency shall be a period of twelveProvision

The Agency’s financial year must run for 12 months and end on 31 December each year.

28. The financial year of the Agency shall be a period of twelve months ending on 31st December in each year.
Section 28Verify source
§ 29Section 29Provision

The Agency must keep proper accounts and records, have its accounts audited every year, and pay the Auditor-General’s fees.

29. (1) The Agency shall cause to be kept proper books of accounts and other records relating to its accounts. (2) The accounts of the Agency 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 Agency. Annual report
Section 29Verify source
§ 30Section 30Amendment

The Agency must submit an activity report to the Minister within 90 days after the end of each financial year, and the Minister must lay it before the National Assembly within 7 days after the next sitting following receipt.

30. (1) As soon as practicable, but not later than ninety days after the end of the financial year, the Agency shall submit to the Minister a report concerning its activities during the financial year. Business Regulatory (Amendment) [No. 14 of 2018 309 (2) The report referred to in subsection (1) shall include information on the financial affairs of the Agency and there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement of comprehensive income; and (c) other information that 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), cause the report to be laid before the National Assembly. PART V GENERAL PROVISIONS
Section 30Verify source

Part

PART V

§ 31Section 31Provision

A person or public body aggrieved by an Agency decision may appeal to the Minister within 30 days, and a person or public body aggrieved by the Minister’s decision may appeal to the High Court.

31. (1) A person or public body aggrieved with a decision of the Agency may appeal to the Minister against the decision within thirty days of the decision. Appeals (2) A person or public body aggrieved with the decision of the Minister may appeal to the High Court.
Section 31Verify source
§ 32The Minister may, by statutory instrument, makeProvision

The Minister may make regulations by statutory instrument to better carry out this Act.

32. The Minister may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act. Regulations
Section 32Verify source
§ 33The Schedule applies to the savings and transitionalProvision

The Schedule applies to the savings and transitional arrangements.

33. The Schedule applies to the savings and transitional arrangements. Savings and transitional provisions
Section 33Verify source
§ 5Section 5Repeal

This provision amends the principal Act by repealing the First Schedule and replacing it with the Schedule in the Appendix.

5. The principal Act is amended by the repeal of the First Schedule and the substitution therefor of the Schedule set out in the Appendix. Repeal and replacement of First Schedule 310 No. 14 of 2018] Business Regulatory (Amendment) APPENDIX SCHEDULE (Section 33) SAVINGS AND TRANSITIONAL PROVISIONS Vesting of assets of former Agency
Section 5Verify source

Part

SCHEDULE

§ 1This Act may be cited as the Business RegulatoryCommencement

This provision transfers the former Agency’s affairs, property, rights, and obligations to the Agency on or after the appointed date, continues certain one-stop centres as regulatory services centres, and rewrites related government contracts and documents to reflect the Agency.

1. (1) On or after the appointed date, there shall be transferred to, and vest in, or subsist against, the Agency by virtue of this Act and without further assurance— (a) the affairs of the former Agency; (b) any one-stop centre or shop established under any other law shall continue to exist as if established under this Act and shall be renamed regulatory services centres under the auspices of the Agency; and (c) subject to this Act, all property, rights and obligations which immediately before the appointed date were the property, rights and obligations of the former Agency. (2) In this Schedule, “former Agency” means the Business Regulatory Review Agency which served as the secretariat of the Committee. (3) Except as provided in this Act, every deed, bond and agreement (other than an agreement for personal service) to which the Government was a party immediately before the commencement of this Act in respect of the former Agency, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations thereunder could be assigned, shall, unless its subject matter or terms make it impossible that it should have effect as modified in the manner provided by this paragraph, have effect as from the date of the assignment thereof, as if— (a) the Agency had been a party thereto; (b) for any reference to the Government there were substituted, as respects anything falling to be done on or after the appointed date, a reference to the Agency; and (c) for any reference to any officer of the former Agency not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done, a reference to an officer of the Agency. Business Regulatory (Amendment) [No. 14 of 2018 311 (3) Subject to the provisions of subparagraph (2), documents, other than those referred to therein, which refer specifically or generally to the former Agency shall be construed in accordance with subsection (2) as far as applicable.
Section 1Verify source
§ 2The principal Act is amended in the long title by the deletionAmendment

The Agency must apply in writing to register the transfer, and the registration authority must record it and may issue a title certificate or amend the register where applicable.

2. (1) Whenever in pursuance of this Act, any property, rights, liabilities and obligations of the Government through the former Agency are deemed transferred to the Agency in respect of which transfer a written law provides for registration, the Agency shall make an application in writing to the appropriate authority for registration of the transfer. Registration of property to be transferred by Govern- ment Legal proceedings (2) The registration authority referred to in subparagraph (1) shall make the 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, as the case may be, and shall make endorsement on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof.
Section 2Verify source
§ 3Section 3Provision

The Agency and other persons get the same rights, powers, and remedies as if relevant rights or liabilities had always belonged to the Agency; pending and later proceedings may continue or be brought by or against the Agency.

3. (1) Without prejudice to the other provisions of this Act, where any right, liability or obligation vests in the Agency by virtue of this Act, the Agency and all other persons shall, as from the appointed date, have the same right, powers and remedies (and in particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Agency. (2) Any legal proceedings or application of any authority pending immediately before the appointed date, by or against the Government in respect of the former Agency may be continued by or against the Agency. (3) After the appointed date, proceedings in respect of any right, liability or obligation which were vested in, held, enjoyed, incurred or suffered by the Government in respect of the Agency may be instituted by or against the Agency.
Section 3Verify source
§ 4Section 4Amendment

The Agency may appoint needed Civil Service officers as its officers, on terms set by the Emoluments Commission, and those terms must not be less favourable than the officers’ Public Service terms.

4. (1) On or after the appointed date, the Agency shall on the terms and conditions that Emoluments Commission may determine, appoint as officers of the Agency public officers from the Civil Service that may be necessary for the performance of the functions of the Agency. Terms of service of employee of for Agency 312 No. 14 of 2018] Business Regulatory (Amendment) (2) Where an officer from the Civil Service is appointed to the service of the Agency the terms and conditions of service with the Agency shall not be less favourable than those the officer enjoyed in the Public Service.
Section 4Verify 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

2 instruments

  • Agency constituted Act

    Section 3

  • Committee. (3) Except as provided in this Act

    Section 1

N–S

2 instruments

  • principal Act

    Sections 4, 5

  • register where applicable. 2. (1) Whenever in pursuance of this Act

    Section 2

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  • 26 Dec 2018 · currentEnglish

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