Laws of Zambia Active 2014Business Regulatory Act ( 2014)
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Business Regulatory [No. 3 of 2014 7
GOVERNMENT OF ZAMBIA
ACT
No. 3 of 2014
Date of Assent: 21st March, 2014
T OF ZAMBIA
ACT
No. 3 of 2014
Date of Assent: 21st March, 2014
An Act to provide for an efficient, cost effective and
accessible business licensing system; provide a set of
principles and interventions to guide regulatory agencies
when regulating and licensing business activities in
accordance with a law under their mandate; provide for
the classification of, and criteria for, licensing; establish
an e-registry and assign a control number for laws
regulating business; provide for the establishment of
regulatory services centers, regulatory clearance systems
and a single licensing system for business in each sector
or group of business in a sector; establish the Business
Regulatory Review Committee and the Business
Regulatory Review Agency and provide for their functions
and powers; and provide for matters connected with, or
incidental to, the foregoing.
[24th March, 2014
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY
1. This Act may be cited as the Business Regulatory Act, 2014. Short title
PART I
PRELIMINARY
1. This Act may be cited as the Business Regulatory Act, 2014. Short title
2. In this Act, unless the context otherwise requires Interpretation
“ business ” includes any enterprise, corporate or non-
corporate, trade, profession or occupation registered under
the Companies Act or Registration of Business Names
Act, 20 n; Cap. 388
• Act No. 16
of 2011
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8 No. 3 of 2014] Business Regulatory
"Business Regulatory Review Agency" means the Business
Regulatory Review Agency established under section
fourteen;
"certificate" means a document issued to a person or business
by a regulatory agency after a registration process;
"Committee" means the Business Regulatory Review
Committee established under section twelve;
"e-registry" means the electronic registry established under
section eight;
ess Regulatory Review
Committee established under section twelve;
"e-registry" means the electronic registry established under
section eight;
"licence" means an authorisation granted to a business, after
meeting a set of legal criteria, as a tool to fulfill legitimate
regulatory purposes such as—
(a) protection of public health and safety;
(b) protection, conservation and preservation of the
environment;
(c) national security; and
(d) allocation of scarce national resources;
excluding any authorisation used to manage competition
or to generate revenue for a regulating agency or public
body;
"licensing" means a process to obtain and issue a licence,
permit, certificate or authorisation;
Cap. 281
"local authority" means a city, municipal or district council
established under the Local Government Act;
"medium business enterprise" means any business enterprise
whose total investment, excluding land and buildings, annual
turnover and the number of persons employed by the
enterprise does not exceed a prescribed numerical value;
cluding land and buildings, annual
turnover and the number of persons employed by the
enterprise does not exceed a prescribed numerical value;
"micro business enterprise" means any business enterprise
whose total investment, excluding land and buildings, annual
turnover and the number of persons employed by the
enterprise, does not exceed a prescribed numerical value;
"Patents and Companies Registration Agency" means the
Patents and Companies Registration Agency established
under the Patents and Companies Registration Agency Act,
Act No. 15
2010;
of 2010
"permit" means a permission granted to a business to carry
out any action related to, or which impacts on, the
business's core activity as stated in a licence or certificate
which is required for a particular activity without the
necessity of a licence or certificate;
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Business Regulatory [No. 3 of 2014 9
certificate;
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Business Regulatory [No. 3 of 2014 9
“ public body ” means the Government, any Ministry or
Department of the Government, a local authority, parastatal,
board, council, authority, commission or other body
appointed by the Government, or established by or under
any written law, excluding a professional association or
body;
“ Registrar ” means the person appointed as Registrar under
the Patents and Companies Registration Agency Act, 2010;
“registration ” means a process of registering, certifying or
listing a business or a person with a regulatory agency, in
order to enable that business or person to legitimately start
up a business, activity or practice or work in a certain field,
as required under any written law, and includes registration
for purposes of obtaining data or statistics, and “registration
process” shall be construed accordingly;
ny written law, and includes registration
for purposes of obtaining data or statistics, and “registration
process” shall be construed accordingly;
“ regulate business activity ” means the control or regulation
of activities undertaken or to be undertaken by a business,
and includes licensing, obtaining regulatory requirements
or imposing any form of fee, levy, charge or any other
regulatory requirement necessary for a business to carry
out any commercial, manufacturing, construction or
infrastructure development, trading, industrial, hospitality
and tourism, agricultural, mining, financial, research,
communication, technological, transport, hiring, energy,
consultancy, professional or other business activity in a
sector or with respect to specific commodities or products,
and “regulating business activity” or “regulation of business
activity” shall be construed accordingly;
“ regulatory agency ” means any person or body, except a
professional body, which, by law, is empowered to regulate
business activity in any sector and includes a Minister;
“ regulatory clearance system ” means a mechanism,
electronic or manual, for supporting licensing in order to
achieve a one-stop clearance system for regulatory
requirements and a single licensing system for regulating
business activity;
sing in order to
achieve a one-stop clearance system for regulatory
requirements and a single licensing system for regulating
business activity;
“ regulatory framework ” means a legal system for regulating
business activity;
“ regulatory requirement ” means any documentation,
registration particulars, data, statistics, vital statistics,
standards, specifications, certifications, notifications or other
information required for licensing to enable persons to start
up business, continue doing business or cease to do business
under the relevant law regulating that business;
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10 No. 3 of 2014] Business Regulatory
"regulatory service" means the rendering of decentralised
services by a local authority or the Patents and Companies
Registration Agency, or both undertaking the services jointly
with regulatory agencies, so as to ensure efficient licensing
under the relevant laws regulating that business sector or
group of business by—
(a) providing an accessible and less burdensome system
for clearing regulatory requirements;
(b) issuing data or other information on registered
businesses that are required to be licensed; and
(c) ensuring effective liaison and coordination amongst
regulatory agencies;
ed
businesses that are required to be licensed; and
(c) ensuring effective liaison and coordination amongst
regulatory agencies;
"regulatory services centre" means a one-stop unit
established by the Patents and Companies Registration
Agency or a local authority, or both undertaking the services
jointly with other relevant regulatory agencies, to provide
for an efficient regulatory clearance system and single
licensing system;
"sector" means a business sector of the economy;
"single licensing system" means a licensing system designed
to facilitate compliance with multiple licensing requirements
by multiple regulatory bodies through a single regulatory
point or a regulatory service centre; and
"small business enterprise" means any business enterprise
whose total investment, excluding land and buildings, annual
turnover and the number of persons employed by the
enterprise, does not exceed the prescribed numerical value.
excluding land and buildings, annual
turnover and the number of persons employed by the
enterprise, does not exceed the prescribed numerical value.
Application 3. (1) Notwithstanding any other law, this Act applies to all
and regulatory agencies.
categorisation
of licensing (2) Notwithstanding any other law, this Act applies to the
system regulation of business activity, subject to the terms and conditions
for applying and issuing any licence, permit, certificate or
authorisation under the relevant law regulating that business.
(3) For the avoidance of doubt, this Act shall be complementary
to any law regulating business and that law shall continue to regulate
that business subject to the procedures and criteria for licensing,
principles and interventions provided under this Act.
ss subject to the procedures and criteria for licensing,
principles and interventions provided under this Act.
(4) After the commencement of this Act, the following shall
be the categorisation of the licensing system:
(a) licence, which shall be valid in all areas under the jurisdiction
of a local authority and shall—
[Page 5]
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Business Regulatory [No. 3 of 2014 11
(i) be issued on minimum proof of qualifications
necessary to ensure the competency of the
proprietor;
(ii) enable the start up of business for a core activity;
(iii) be renewable as specified in the written law;
(iv) attract a fee calculated on the value placed on
the licence, as may be prescribed, after taking
into account the legal criteria for issue of the
licence; and
n
the licence, as may be prescribed, after taking
into account the legal criteria for issue of the
licence; and
(v) be issued on such terms and conditions as may be
prescribed;
(b) permit, which may—
(i) not be valid in all areas under the jurisdiction of a
local authority;
(ii) be a one-off issue or used to authorise various or
particular kinds of business activities or multiple
activities connected to the core activity under a
licence or certificate after start up of a business;
(iii) be or not be renewable;
(iv) attract a fee or charge for processing and issuing
the permit, which charge may be imposed
annually or after a prescribed period or until the
epemit is revoked; and ●
(v) be issued on such terms and conditions as may be
prescribed;
(c) certificate, which---
(i) may or may not be valid in all areas under the
jurisdiction of a local authority;
(ii) is a one-off issue;
which---
(i) may or may not be valid in all areas under the
jurisdiction of a local authority;
(ii) is a one-off issue;
(iii) may attract a fee or charge for the certificate,
which may be imposed as a one-off charge,
annually or after a prescribed period on the
holder, until the certificate is revoked; and
(d) authorisation, which---
(i) shall be in letter form;
(ii) may or may not be valid in all areas under the
jurisdiction of a local authority; and
(iii) lsa one-off issue, where afee or charge may not
be imposed.
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12 No. 3 of 2014] Business Regulatory
PART II
REGULATING BUSINESS ACTIVITIES
General
principles
and
interventions
for regulating
business
4. (1) Notwithstanding any other 1qw and subject to section
three, the regulation of business activity shall be governed by the
principles and interventions specified under subsections (2) and
(3).
(2) Licensing shall be based on the following principles, which
shall be taken into account when developing licensing systems or
applying and interpreting licensing provisions under any other written
law:
which
shall be taken into account when developing licensing systems or
applying and interpreting licensing provisions under any other written
law:
(a) licensing shall be for the purpose of regulating business
for a clearly defined public policy goal or objective that
cannot be better achieved through other means;
(b) a law shall specify clear criteria when an application for a
licence, permit, certificate or authorisation may be
granted or rejected, or when a licence, permit, certificate
or authorisation may be suspended, amended, transferred
or revoked, and shall provide a procedure for appeals;
(c) a permit or certificate shall be valid for at least three
years, unless it is for a specific short term purpose or
the regulatory agency has compelling reasons to reduce
this period;
(d) a licence shall be valid throughout the country;
(e) licences shall be valid for unlimited periods, except when
periodic review of qualifications and criteria are
necessary to fulfill regulatory objectives;
ces shall be valid for unlimited periods, except when
periodic review of qualifications and criteria are
necessary to fulfill regulatory objectives;
(f) procedures for regulating business activity shall be
simplified, to the greatest extent possible, taking into
account the sector, the turnover or expected turnover
of the business, the number or optimal number of
employees of the business and nature and extent of the
business;
(g) a fee, levy or charge payable in respect of a licence,
permit or certificate shall be minimal, clearly fixed and
imposed for the sole purpose of defraying administrative
costs of licensing, except for a licence issued for high
value or scarce national resources or which is aimed at
protecting the environment, public health, safety and
security;
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section Business Regulatory [No. 3 of 2014 13
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(1) regulatory agencies shall exchange regulatory requirements
through the use of a regulatory clearance system, and
shall not duplicate information requests on businesses;
(i) public bodies shall endeavour to use e-governance in
licensing and obtain regulatory requirements from
another regulatory agency which has already collected
those requirements; and
(j) licensing shall not be continued for more than five years
without an evaluation being done of its effectiveness in
achieving the public policy goal or objective for which it
was intended.
(3) The following interventions apply to licensing and business
regulation:
(a) regulatory agencies shall, at all times, endeavour to use
regulatory services centres to regulate business activity;
(b) regulatory agencies shall, as far as is possible, use a single
licensing system for licensing business activity;
(c) micro, small and medium business enterprises shall be
regulated in a manner that encourages growth and
graduation from a lower business size to a higher one;
edium business enterprises shall be
regulated in a manner that encourages growth and
graduation from a lower business size to a higher one;
(d) regulatory requirements for micro, small and medium
business enterprises shall be minimised to the greatest
extent possible;
(e) a regulation that imposes the least burden necessary for
o loinig business and that
)vides the least administrative
burden on the regulatory agency shall be preferred; and
) a regulatory agency shall respond to an application for
licensing as early as possible but not later than within the prescribed period after the application is lodged and, if no response is given on the last day of the prescribed
period, the application shall be deemed to be approved
and the licence, permit, certificate or authorisation shall
be deemed to have been duly issued.
5. (1) Without prejudice to the principles and interventions set
out in section four, a public body shall only establish a licensing
system to fulfill legitimate regulatory purposes or if it is the most
effective and efficient means of protecting a clearly defined risk
to—
to fulfill legitimate regulatory purposes or if it is the most
effective and efficient means of protecting a clearly defined risk
to—
Conditions
for
imposition
of
licensing
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14 No. 3 of 2014] Business Regulatory
licensing
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14 No. 3 of 2014] Business Regulatory
(i) public health;
(ii) public safety or national security;
(iii) environmental protection, conservation and preservation;
(iv) consumer protection; and
(v) upholding of standards for goods, food, drugs and services;
(2) A licensing system shall only be established under subsection
(1) if it —
(a) does not unnecessarily burden business enterprises to
which it is applied or proposed to apply;
(b) does not overly add to the administrative cost of the public
body or regulatory agency concerned;
(c) is not overly bureaucratic or cumbersome; and
(d) has the input of the relevant stakeholders.
(c) is not overly bureaucratic or cumbersome; and
(d) has the input of the relevant stakeholders.
Procedure 6. (1) A public body shall only submit to Cabinet for approval
for a policy or proposed law to regulate business activity if the policy
imposition or proposed law has the prior approval of the Business Regulatory
of new Review Agency.
policy or
law (2) A public body that intends to introduce any policy or proposed
law for regulating business activity shall—
(2) A public body that intends to introduce any policy or proposed
law for regulating business activity shall—
Procedure 6. (1) A public body shall only submit to Cabinet for approval
for a policy or proposed law to regulate business activity if the policy
imposition or proposed law has the prior approval of the Business Regulatory
of new Review Agency.
policy or
law (2) A public body that intends to introduce any policy or proposed
law for regulating business activity shall—
(2) A public body that intends to introduce any policy or proposed
law for regulating business activity shall—
(a) give notice, in writing, of that intention to the Business
Regulatory Review Agency, at least two months prior
to submitting it to Cabinet;
(b) hold public consultations for at least thirty days with—
(i) persons or proprietors of business enterprises who
shall be affected by the proposed regulatory
framework;
(ii) persons or proprietors of business enterprises who
shall benefit from the proposed regulatory
framework;
(iii) regulatory agencies and other public officers who
will implement the proposed regulatory
framework; and
(iv) all other relevant stakeholders which are not
included under subparagraphs (i) to (iii); and
(c) perform a regulatory impact assessment, analysing—
(i) the problem that is being addressed by the policy
or proposed law;
(ii) why Government action is needed to correct the
problem;
(iii) the objectives of the policy or proposed law;
the
problem;
(iii) the objectives of the policy or proposed law;
[Page 9]
Business Regulatory [No. 3 of 2014 15
(iv) which options, for dealing with the problem, have
been considered and why the policy or proposed
law is the best approach, including who is
affected by the problem and who is likely to be
affected by the solution;
(v) whether the benefits justify the costs, and what
are the likely costs for business and consumers
including a calculation of new administrative
burdens and the impacts on market entry and
exit; and
(vi) how the policy or proposed law will be
implemented.
(3) A public body or regulatory agency shall, after consultations
are concluded and a regulatory impact assessment is performed,
under subsection (2), submit to the Business Regulatory Review
Agency, a report on the results of the consultations and the
regulatory impact assessment.
er subsection (2), submit to the Business Regulatory Review
Agency, a report on the results of the consultations and the
regulatory impact assessment.
7. (1) The Business Regulatory Review Agency shall, on
receipt of the report referred to in section six, examine the report
in order to determine whether the proposed regulatory framework
or any measure under that framework is necessary or justified.
(2) The Business Regulatory Review Agency shall not approve
any proposed regulatory framework unless that framework complies
with sections four and five.
(3) The Business Regulatory Review Agency shall, within
fourteen days of receipt of the report referred to in section six,
communicate its decision, in writing, including the reasons for the
decision, to the relevant public body.
(4) A public body aggrieved by a decision of the Business
Regulatory Review Agency may appeal to the Committee against
the decision.
8. (1) There shall be established an electronic registry, which
shall be a centralised database and online transaction platform
holding information on licences, permits, certificates, authorisations
and regulations, including the formalities businesses have to comply
with in order to obtain a licence, permit, certificate or authorisation
and capable of facilitating the processing of applications online.
e to comply
with in order to obtain a licence, permit, certificate or authorisation
and capable of facilitating the processing of applications online.
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16 No. 3 of 2014] Business Regulatory
(2) The electronic registry shall, in particular, contain—
(a) texts of relevant laws and subsidiary legislation on business
regulation and licensing;
(b) name or title of the business licence;
(c) licence period or validity;
(d) licence fees;
(e) downloadable application; and
(f) contacts of issuing agencies;
(3) The Committee shall ensure that the e-register is—
(a) accessible on the internet and is free of charge; and
(b) available for inspection and search by proprietors of
business enterprises and members of the public, without
charge.
(4) The Business Regulatory Review Agency shall be
responsible for maintaining the e-registry and shall ensure that the
e-registry is updated on a continuous basis.
ss Regulatory Review Agency shall be
responsible for maintaining the e-registry and shall ensure that the
e-registry is updated on a continuous basis.
(5) The e-registry shall provide—
(a) positive legal security and certainty by ensuring that only
those business regulation licences, permits, certificates
and authorisations published in the e-registry, have legal
effect, validity and enforceability as far as business
activities are concerned; and
(b) easy access to exhaustive information about business
regulation and licensing.
(6) An Act of Parliament or statutory instrument published in
the e-registry shall be assigned a control number by the Business
Regulatory Review Agency that shall be displayed with the
electronic version of the Act of Parliament or statutory instrument.
(7) Where a law regulating business activity requires the
utilisation of a form, a control number issued by the Business
Regulatory Review Agency shall be displayed on the electronic
version of the form in the e-registry, which form shall be designed
so as to capture information and data that can easily be captured
into an electronic database.
he form in the e-registry, which form shall be designed
so as to capture information and data that can easily be captured
into an electronic database.
9. (1) The Patents and Companies Registration Agency shall,
in liaison with other regulatory agencies, establish regulatory
Regulatory services centres in the premises of the local authority or such other
services premises in a Province as is convenient for regulatory clearance
centres and and implementation of a single licensing system for businesses in a
regulatory sector or group of businesses in a sector.
clearance
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Business Regulatory [No. 3 of 2014 17
(2) The Patents and Companies Registration Agency shall, for
usiness purposes of subsection (1), liaise with other regulatory agencies
to establish comprehensive databases for accounting, electronic
data base entry and retrieval, communication and electronic
registration, to ensure an effective regulatory clearance system,
messenger service and system for information sharing.
registration, to ensure an effective regulatory clearance system,
messenger service and system for information sharing.
9. (1) The Patents and Companies Registration Agency shall,
in liaison with other regulatory agencies, establish regulatory
Regulatory services centres in the premises of the local authority or such other
services premises in a Province as is convenient for regulatory clearance
centres and and implementation of a single licensing system for businesses in a
regulatory sector or group of businesses in a sector.
clearance
[Page 11]
Business Regulatory [No. 3 of 2014 17
(2) The Patents and Companies Registration Agency shall, for
usiness purposes of subsection (1), liaise with other regulatory agencies
to establish comprehensive databases for accounting, electronic
data base entry and retrieval, communication and electronic
registration, to ensure an effective regulatory clearance system,
messenger service and system for information sharing. 10.
ion, to ensure an effective regulatory clearance system,
messenger service and system for information sharing. 10.
(1) Notwithstanding any other law, there is hereby
nd established for'businesses in each sector or group of businesses in
tors of a sector, a single licensing system. without
(2) Notwithstanding any other law, where a person requires
all be any licence, permit, registration, certificate or authorisation for any
hat the business activity, the applicant shall apply, in the manner prescribed
under the relevant law dealing with that business activity for such
at only licence, permit, registration, certificate or authorisation giving the
ficates full details relating to the business activity, and copy the application
'e legal to the nearest and relevant regulatory services centre.
full details relating to the business activity, and copy the application
'e legal to the nearest and relevant regulatory services centre.
isiness
(3) Notwithstanding any other law, where a person holds a
isiness licence under any law regulating a business activity, and that person
• requires another licence, permit, certificate or authorisation, in
furtherance of the business activity, that falls under the jurisdiction
of the same regulatory agency or another regulatory agency, that
person shall apply, in the manner prescribed, for such licence, permit,
certificate or authorisation🞅to the regulatory agencj that issued the
original licence, copied to the nearest regulatory service centre,
hed in giving full details relating to the nature and scope of the licence,
isiness permit, certificate or authorisation required. th the
ument.
g full details relating to the nature and scope of the licence,
isiness permit, certificate or authorisation required. th the
ument.
(4) A regulatory agency shall, on receipt of an application for
a licence, permit or authorisation under subsection (2) or (3), process
the application through the nearest and relevant regulatory services
es the centre using the single licensing system as provided under this
isiness section. tronic
igned (5) Where a regulatory agency is not operating from a
ptured regulatory services centre, the centre shall, within three days of
the receipt of a copy of an application under this section, request
the appropriate regulatory agency to submit the relevant information
and conditions attaching to the issue of a licence, permit, registration,
shall, certificate or authorisation, as prescribed by law, to the regulatory
latory services centre for processing and issue. 1 other
arance
es in a
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18 . No. 3 of 2014] . . . Business Regulatory
latory services centre for processing and issue. 1 other
arance
es in a
[Page 12]
18 . No. 3 of 2014] . . . Business Regulatory
(6) A regulatory agency referred to in subsection (5) shall, within five days of a request from the regulatory services centre, made under subsection (5), submit to the centre all the relevant information and conditions relating to the issue of the licence, permit, registration, certificate or authorisation, as prescribed by law, and the centre shall, within fourteen days of receipt of the information, issue the licence, permit, certificate or authorisation to the applicant or endorse on the license, permit or certificate of the applicant—
(a) the name of the licence, permit, certificate or authorisation applied for;
(b) the nature and scope of the activity authorised under the licence, permit, certificate or authorisation;
(c) the conditions attaching to the licence, permit, certificate or authorisation; and
(d) any other essential information that the regulatory agency concerned may request to be so endorsed;
for and on behalf of the regulatory agency prescribed under the relevant law.
(7) A person or organisation whose licence, permit or certificate has been endorsed, as provided under subsection (6), shall pay to the regulatory services centre the—
rganisation whose licence, permit or certificate has been endorsed, as provided under subsection (6), shall pay to the regulatory services centre the—
(a) fees for the licence, permit or certificate; and
(b) charges for administrative costs pertaining to the processing and issue of the licence, permit, certificate or authorisation.
(8) The centre shall remit the fees relating to the licence, permit or certificate, received under subsection (7), to the appropriate regulatory agency, but shall retain the charges for administrative costs.
(9) A regulatory agency, referred to in subsection (5), shall pay to the regulatory services centre a prescribed commission for issuing or endorsing any licence, permit, certificate or authorisation on its behalf.
(10) Any contravention of any condition or requirement endorsed on any licence, permit or certificate by a regulatory services centre, under this section, shall be a ground for the suspension or revocation of the licence, permit, certificate or authorisation under the law providing for the issuance of that licence, permit, certificate or authorisation.
[Page 13]
Business Regulatory [No. 3 of 2014 19
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12 (11) A regulatory agency shall, when requested to do so by a
regulatory services centre, give to that centre any advice or
assistance or submit such information as may be necessary for the
performance of the centre’s functions under this Act.
ce or
assistance or submit such information as may be necessary for the
performance of the centre’s functions under this Act.
11. (1) Subject to this section, the Patents and Companies Mechanisms
Registration Agency and a local authority shall, in collaboration for
with other appropriate regulatory agencies, establish effective operationali-
mechanisms for the operationalisation of a single licensing system sation of
established by section ten, including the establishment of an single
accounting system for the settlement of fees and commissions. licensing
system
(2) A joint team comprising the Patents and Companies
Registration Agency, appropriate local authority and relevant
regulatory agency shall carry out, if necessary, regulatory inspections
of businesses, as may be required under any written law.
PART III
THE BUSINESS REGULATORY REVIEW COMMITTEE
as may be required under any written law.
PART III
THE BUSINESS REGULATORY REVIEW COMMITTEE
11. (1) Subject to this section, the Patents and Companies Mechanisms
Registration Agency and a local authority shall, in collaboration for
with other appropriate regulatory agencies, establish effective operationali-
mechanisms for the operationalisation of a single licensing system sation of
established by section ten, including the establishment of an single
accounting system for the settlement of fees and commissions. licensing
system
(2) A joint team comprising the Patents and Companies
Registration Agency, appropriate local authority and relevant
regulatory agency shall carry out, if necessary, regulatory inspections
of businesses, as may be required under any written law.
PART III
THE BUSINESS REGULATORY REVIEW COMMITTEE 12.
may be required under any written law.
PART III
THE BUSINESS REGULATORY REVIEW COMMITTEE 12.
(1) There is established the Business Regulatory Review Establishment
Committee, which shall consist of the following members appointed of
by the Minister: Business
Regulatory
(a) the Permanent Secretary in the Ministry responsible for Review
commerce; Committee
(b) the Permanent Secretary in the Ministry responsible for
finance;
(c) the Permanent Secretary in the Ministry responsible for
local government;
(d) the Permanent Secretary responsible for legal matters in
the Ministry responsible for justice;
(e) two representatives of an organisation representing persons
operating businesses in the commercial and
manufacturing sectors;
(f) a representative of the Economic Association of Zambia;
(g) a representative of the Law Association of Zambia;
(h) a representative of an organisation representing persons
operating businesses in the tourism and hospitality sector;
and
(i) two other persons with expertise in business licensing
regulatory matters.
the tourism and hospitality sector;
and
(i) two other persons with expertise in business licensing
regulatory matters.
(2) The representatives referred to in paragraphs (e) to (h) of
subsection (1) shall be recommended by their respective
organisations and appointed by the Minister.
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20 No. 3 of 2014] Business Regulatory
(3) The Minister shall appoint, from amongst the members of the Committee, the Chairperson and Vice-Chairperson of the Committee.
(4) The Committee shall be responsible for advising the Government on all matters relating to business regulation, licensing, regulatory agencies, the enabling business environment and business licensing reforms generally.
(5) Notwithstanding the generality of subsection (4), the Committee shall—
(a) review, on its own initiative or upon a representation from any person or business, any matter relating to business regulation or licensing;
(b) review proposed Government policy and laws on business regulation and advise the Government, as may be appropriate;
(c) issue guidance and standards for regulatory impact assessments to be undertaken by regulatory agencies;
(d) cause to be carried out, periodically, regulatory impact assessments on business regulation;
assessments to be undertaken by regulatory agencies;
(d) cause to be carried out, periodically, regulatory impact assessments on business regulation;
(e) issue guidance and standards for undertaking public consultations by the regulatory agencies;
(f) promote more accessible and systematic public consultation strategies and develop a website portal for public interventions on issues of business regulation;
(g) assist in building capacity in regulatory agencies;
(h) keep under constant review licences and other regulations relating to business activity and advise the Government and responsible regulatory agency as may be appropriate;
(i) examine all requests for the imposition of licensing by a regulatory agency;
(j) hear appeals by regulatory agencies after the decision of the Business Regulatory Review Agency;
(k) organise fora where regulatory agencies and the business sector are brought together to discuss the regulatory environment for doing business; and
(l) perform such other functions as the Minister may assign to the Committee.
[Page 15]
of Business Regulatory [No. 3 of 2014 21
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[No. 3 of 2014 21
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(6) The Committee shall—
(a) 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;
(b) 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
(c) monitor and report on the activities of regulatory agencies
related to business regulation, quality control and
compliance with this Act.
related to business regulation, quality control and
compliance with this Act.
(7) The Schedule applies to the Committee.
13. The Committee shall, in the performance of its functions Powers of
under this Act— Committee
(a) invite representations from the general public, where
necessary;
(b) undertake and publish, studies, research and evaluations
for purposes of this Act;
(c) require any public body or any person to provide it with
such information as the committee may require for the
performance of its functions;
such information as the committee may require for the
performance of its functions;
(d) liaise with other research bodies within and outside Zambia
carrying out comparable studies, research and
evaluation; and
(e) do all such things as appear to be necessary, or expedient
for the performance of its functions.
PART IV
THE BUSINESS REGULATORY REVIEW AGENCY
ctions.
PART IV
THE BUSINESS REGULATORY REVIEW AGENCY
14. There is established the Business Regulatory Review Establishment
Agency which shall serve as the secretariat to the Committee and of Business
which shall perform such other functions as may be imposed by Review
this Act or any other written law. Regulatory
Agency
15. (1) The Public Service Commission shall appoint as public Director and
officers the Director and other staff of the Business Regulatory other staff
Review Agency.
officers the Director and other staff of the Business Regulatory other staff
Review Agency.
(2) The Director shall be the chief executive officer of the
Business Regulatory Review Agency and responsible for its general
administration.
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22 No. 3 of 2014] Business Regulatory
Functions of 16. The Business Regulatory Review Agency shall—
Business
Regulatory (a) assist the Committee in the exercise of the Committee’s
Review powers and functions under this Act;
Agency
(b) be responsible for the management and update of the e-
registry;
(c) approve regulatory frameworks submitted under this Act;
(d) coordinate and oversee the implementation of the action
plan designed by the Committee under section twelve;
and
(e) perform all such other functions as are necessary for the
better carrying out of this Act.
PART V
GENERAL PROVISIONS
welve;
and
(e) perform all such other functions as are necessary for the
better carrying out of this Act.
PART V
GENERAL PROVISIONS
Appeals 17. (1) A public body aggrieved with a decision of the Business
Regulatory Review Agency may appeal to the Committee against
the decision within thirty days of the service of the decision.
(2) A person or organisation aggrieved with the decision of
the Committee may appeal to the High Court within thirty days of
the service of the decision.
Regulations 18. The Minister may, by statutory instrument, make regulations
for the better carrying out of the provisions of this Act.
Savings and 19. (1) After the commencement of this Act, any one-stop
transitional centre or shop established under any other law shall continue to
provisions exist as if established under this Act and shall be renamed regulatory
services centers under the auspices of the Agency.
(2) A public body shall, within two years of the commencement
of this Act, comply with the provisions of this Act.
[Page 17]
Business Regulatory [No. 3 of 2014 23
FIRST SCHEDULE
(Section 12)
- ADMINISTRATION OF COMMITTEE
FIRST SCHEDULE
(Section 12)
- ADMINISTRATION OF COMMITTEE
1. (1) Subject to this Act, a member of the Committee, who is Tenure of
not an ex officio member, shall hold office for a period of three office of
years from the date of appointment and is eligible for re-appointment members of
for a further like period. Committee
(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.
eriod for which
the member is appointed, continue to hold office until a successor
is appointed, but the further period shall not exceed three months.
2. The Minister may, where the office of a member becomes Filling of
vacant before the expiry of the term of office, appoint in accordance casual
with section twelve, another member in place of the member who vacancy
vacates office, but that member shall hold office only for the
unexpired part of the term.
3. (1) Subject to the other provisions of this Act, the Committee Proceedings
may regulate its own procedure. 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 determine.
(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 determine.
(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. •
•
•
•
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24 No. 3 of 2014] Business Regulatory
•
•
•
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24 No. 3 of 2014] 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 presiding 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 participate in the deliberations
of a 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 to do so, took
part in the proceedings.
f any
member or by reason that any person not entitled to do so, took
part in the proceedings.
Sub- 4. (1) The Committee may, for the purpose of performing its
Committees functions under this Act, constitute sub-committees and delegate
to the sub-committees such functions of the Committee as it
considers necessary.
(2) Subject to subparagraph (1), the Committee may appoint
as members of a sub-committee constituted under subparagraph
(1), persons who are, or are 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 of the
Committee, a sub-committee may regulate its own procedure.
(4) Subject to any specific or general direction of the
Committee, a sub-committee may regulate its own procedure.
Allowances 5. There shall be paid to a member of the Committee or a
member of a sub-committee such allowances as the Minister may
determine.
Disclosure 6. (1) If any person is present at a meeting of the Committee
of interest 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.
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Business Regulatory [No. 3 of 2014 25
ation or discussion of, or vote on any question relating to,
that matter.
[Page 19]
Business Regulatory [No. 3 of 2014 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.
7. (1) A person shall not, without the consent in writing given
by, or on behalf of, the Committee, publish or disclose to an
Prohibition
unauthorised person, otherwise than in the course of duties of that
person, the contents of any document, communication or information
of or whatsoever, which relates to or which has come to the knowledge
disclosure of
of that person in the course of that person’s duties under this Act.
information
unauthorised
(2) A person who contravenes subparagraph (1) commits an
offence and is liable, upon conviction, to a fine not exceeding three persons
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.
conviction, to a fine not exceeding three persons
hundred thousand penalty units or to 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.
8. An action or other proceeding shall not lie or be instituted Immunity
against a member of the Committee 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.
n good faith in the exercise or performance,
or purported exercise or performance, of any of the powers,
functions or duties conferred under this Act.
9. (1) The funds of the Committee shall consist of such Funds of
moneys as may— Committee
(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.
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26 No. 3 of 2014] Business Regulatory
with the regulations made under this Act,
charge fees for services provided by the Committee.
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26 No. 3 of 2014] 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
of their functions.
(4) The Committee and Business Regulatory Review Agency
shall perform 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.
ancial 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.
Financial year
10. The financial year of the Committee shall be the period of
twelve months ending on 31st December of each year.
Accounts and Audit
11. (1) 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.
(4) The accounts of the Committee shall be audited annually
or whenever necessary by the Auditor-General.
a statement of affairs
or balance sheet.
(4) The accounts of the Committee shall be audited annually
or whenever necessary by the Auditor-General.
12. (1) 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.
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Business Regulatory [No. 3 of 2014 27
(2) The report referred to in subsection (1), shall include annual Annual
accounts and information on the financial affairs of the Committee report
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 (1), lay the report before the National
Assembly.Have questions about this law?
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