The Business Regulatory (Amendment) Act, 2018

An Act to amend the Business Regulatory Act. [26th December, 2018
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Business Regulatory
(Amendment) Act, 2018, and shall be read as one with the Business
Regulatory Act, 2014, in this Act referred to as the principal Act. 2. The principal Act is amended in the long title by the deletion
of the words “establish the Business Regulatory Review
Committee” and the substitution therefor of the words “constitute
the Board of the Agency”. 3. Section 2 of the principal Act is amended by—
(a) the deletion of the definition of “Committee”; and
(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
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;. Enactment
Short title
Act No. 3 of
2014
Amendment
of long title
Amendment
of
section 2
Act No. 3 of
2012
Act No. 3 of
2012
Business Regulatory (Amendment) [No.

Short title
Act No. 3 of
2014
Amendment
of long title
Amendment
of
section 2
Act No. 3 of
2012
Act No. 3 of
2012
Business Regulatory (Amendment) [No.

14 of 2018 301
GOVERNMENT OF ZAMBIA
ACT
No. 14 of 2018
Date of Assent: 23rd December, 2018
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K24.00 each.

of Assent: 23rd December, 2018
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K24.00 each.

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
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. 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.

r 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. 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;
Repeal and
replacement
of
Parts III, IV
and V
Establish-
ment of
Agency
Seal of
Agency
Functions
of Agency
302 No. 14 of 2018] Business Regulatory (Amendment)

nd
replacement
of
Parts III, IV
and V
Establish-
ment of
Agency
Seal of
Agency
Functions
of Agency
302 No. 14 of 2018] Business Regulatory (Amendment)

(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. 15.

dinate the implementation of the
action plan; and
(k) carry out, periodically, regulatory impact assessments on
business regulation and licensing. 15.

(1) There is constituted the Board of the Agency which
comprises the following part-time members appointed by the
Minister:
(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—
Board of
Agency
Business Regulatory (Amendment) [No. 14 of 2018 303

erson shall not be nominated or appointed as a member
of the Board if that person—
Board of
Agency
Business Regulatory (Amendment) [No. 14 of 2018 303

(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. 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.

ent; 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. Functions of
Board
304 No. 14 of 2018] Business Regulatory (Amendment)

r a specific period, which shall be consistent with the
provisions of this Act. Functions of
Board
304 No. 14 of 2018] Business Regulatory (Amendment)

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. (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.

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. 18. (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 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. Tenure of
office and
vacancy
Proceedings
of Board
Business Regulatory (Amendment) [No. 14 of 2018 305

eeting may be called on giving a shorter notice. Tenure of
office and
vacancy
Proceedings
of Board
Business Regulatory (Amendment) [No. 14 of 2018 305

Committees
of Board
Allowances
of members
(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.

e 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. 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. 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. 306 No. 14 of 2018] Business Regulatory (Amendment)

e Board allowances that the Minister may determine
with the approval of the Emoluments Commission. 306 No. 14 of 2018] Business Regulatory (Amendment)

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. 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.

s 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. 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. 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. (2) The Executive Director shall attend the meetings of the
Board and may address those meetings but shall not vote on any
matter. 25. The Board shall appoint a Secretary, on the terms and
conditions that the Emoluments Commission may determine.

s but shall not vote on any
matter. 25. The Board shall appoint a Secretary, on the terms and
conditions that the Emoluments Commission may determine.

Disclosure of
interest
Prohibition
of
publication
of, or
disclosure of
information
to
unauthorised
persons
Immunity of
members of
Board and
staff of
Agency
Executive
Director
Secretary
Business Regulatory (Amendment) [No. 14 of 2018 307

unauthorised
persons
Immunity of
members of
Board and
staff of
Agency
Executive
Director
Secretary
Business Regulatory (Amendment) [No. 14 of 2018 307

Accounts
and audit
Annual
report
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
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. (3) There shall be paid from the funds of the
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.

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. 28. The financial year of the Agency shall be a period of twelve
months ending on 31st December in each year. 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. 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. Directors
and other
staff
Funds of
Agency
Financial
year
308 No. 14 of 2018] Business Regulatory (Amendment)

its activities during the financial year. Directors
and other
staff
Funds of
Agency
Financial
year
308 No. 14 of 2018] Business Regulatory (Amendment)

(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
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. (2) A person or public body aggrieved with the decision of the
Minister may appeal to the High Court. 32. The Minister may, by statutory instrument, make
regulations for the better carrying out of the provisions of this Act. 33. The Schedule applies to the savings and transitional
arrangements. 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.

rangements. 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.

Appeals
Regulations
Savings and
transitional
provisions
Repeal and
replacement
of First
Schedule
Business Regulatory (Amendment) [No. 14 of 2018 309

Appeals
Regulations
Savings and
transitional
provisions
Repeal and
replacement
of First
Schedule
Business Regulatory (Amendment) [No. 14 of 2018 309

APPENDIX
SCHEDULE
(Section 33)
SAVINGS AND TRANSITIONAL PROVISIONS
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 thisAct, 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.

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. Vesting of
assets of
former
Agency
310 No. 14 of 2018] Business Regulatory (Amendment)

ng falling to
be done, a reference to an officer of the Agency. Vesting of
assets of
former
Agency
310 No. 14 of 2018] Business Regulatory (Amendment)

(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. 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. (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. 3.

eds relating to the title, right or
obligation concerned; and no registration fees, stamp duty or other
duties shall be payable in respect thereof. 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. 4.

on 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. 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. Registration
of property
to be
transferred
by Govern-
ment
Legal
proceedings
Terms of
service of
employee of
for Agency
Business Regulatory (Amendment) [No. 14 of 2018 311

(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.
312 No. 14 of 2018] Business Regulatory (Amendment)