The Examinations Council of Zambia Act, 2023

Examinations Council of Zambia [No. 3 of 2023 51
THE EXAMINATIONS COUNCIL OF ZAMBIA ACT, 2023
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
PART II
EXAMINATIONS COUNCIL OF ZAMBIA
3. Continuation of Examinations Council of Zambia
4. Functions of Council
5. Board of Council
6. Functions of Board
7. Executive Director, Secretary and other staff
PART III
ACCREDITATION OF EXAMINATION CENTRES
8. Prohibition of operation of examination centre without accreditation
9. Application for accreditation as examination centre
10. Request for additional information
11. Certificate of accreditation
12. Renewal of certificate of accreditation
13. Inspection of examination centre
14. Suspension or revocation of certificate of accreditation
15. Variation of certificate of accreditation
16. Display of certificate of accreditation
17. Assignment, cessation or transfer of certificate of accreditation
18. Surrender of certificate of accreditation on cessation of operations
PART IV
ADMINISTRATION OF EXAMINATIONS
19. Appointment of examination officer
20. Registration of candidate for examination
21.

essation of operations
PART IV
ADMINISTRATION OF EXAMINATIONS
19. Appointment of examination officer
20. Registration of candidate for examination
21.

Disclosure of interest in examination and examination material
22. Examination malpractice
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K28.00 each.

al
22. Examination malpractice
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K28.00 each.

Examinations Council of Zambia52 No. 3 of 2023]
23. Suspension, cancellation or nullification of examination
24. Possession of offensive material and disturbances at examination centre
25. Announcement and publication of examination results
26. Withholding or nullification of examination results
27. Counterfeiting of certificate
28. Prohibition of forgery
29. Prohibition of presentation of forged certificate, examination results slip
or statement of examination results
30. Prohibition of impersonation
PART V
INSPECTORATE
31. Inspectors
32. Honorary inspector
33. Power of entry, search and inspection
PART VI
GENERAL PROVISIONS
34. Registers
35. Offences relating to registration
36. Prohibition of publication or disclosure of information to an unauthorised
person
37. Oath of secrecy
38. Appeals
39. General offences
40. Administrative penalty
41. Offence by principal officers of body corporate or unincorporate body
42. Guidelines
43. Regulations
44. Repeal of Act No. 15 of 1983
SCHEDULE

lty
41. Offence by principal officers of body corporate or unincorporate body
42. Guidelines
43. Regulations
44. Repeal of Act No. 15 of 1983
SCHEDULE

An Act to provide for the accreditation of examination
centres; provide for the administration of examinations;
continue the existence of the Examinations Council of
Zambia and re-define its functions; constitute the Board
of the Examinations Council of Zambia and provide for its
functions; repeal and replace the Examinations Council
of Zambia Act, 1983; and provide for matters connected
with, or incidental to, the foregoing. [18th April, 2023
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Examinations Council of
Zambia Act, 2023, and shall come into operation on the date that
the Minister may appoint by statutory instrument. 2. In this Act, unless the context otherwise requires—
“associate” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“basic school” has the meaning assigned to the words in the
Education Act, 2011;
“Board” means the Board of the Council constituted under
section 5;
“candidate” means a person registered to take an examination
under section 20;
“certificate of accreditation” means a certificate of
accreditation issued under section 11;
Examinations Council of Zambia [No.

ion
under section 20;
“certificate of accreditation” means a certificate of
accreditation issued under section 11;
Examinations Council of Zambia [No.

3 of 2023 53
Enactment
Short title
and commence-
ment
Interpretation
Act No. 3 of
2012
Act No. 23 of
2011
GOVERNMENT OF ZAMBIA
ACT
No. 3 of 2023
Date of Assent: 14th April, 2023

t title
and commence-
ment
Interpretation
Act No. 3 of
2012
Act No. 23 of
2011
GOVERNMENT OF ZAMBIA
ACT
No. 3 of 2023
Date of Assent: 14th April, 2023

“Chairperson” means a person appointed as Chairperson of
the Board under section 5;
“Council” means the Examinations Council of Zambia
continued under section 3;
“educational institution” has the meaning assigned to the words
in the Education Act, 2011;
“emoluments” has the meaning assigned to the word in the
Constitution;
“Emoluments Commission” means the Emoluments
Commission established under the Constitution;
“examination” means an assessment administered by the
Council for the award of a certificate;
“examination centre” means an educational institution duly
accredited by the Council for the purposes of providing
examinations in accordance with Part IV of this Act;
“examination material” includes a draft question paper, final
question paper, marking scheme, specimen and any other
material connected with, or related to, a current or future
examination;
“examination officer” means a person appointed as an
examination officer by the Council under section 19;
“Executive Director” means a person appointed as Executive
Director under section 7;
“higher education institution” has the meaning assigned to
the words in the Higher Education Act, 2013;
“Higher Education Authority” means the Higher Education
Authority established under the Higher Education Act,
2013;
“high school” has the meaning assigned to the words in the
Education Act, 2011;
“Information and Communications Technology Association
of Zambia” means the Information and Communications
Technology Association of Zambia established under the
Information and Communications Technology Association
of Zambia Act, 2018;
“possession” has the meaning assigned to the word in the
Penal Code;
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
Act No.

on” has the meaning assigned to the word in the
Penal Code;
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
Act No.

23 of
2011
Cap. 1
Cap. 1
Act No. 4 of
2013
Act No. 23
of 2011
Act No. 4 of
2013
Act No. 7 of
2018
Cap. 87
Act No. 3 of
2012
Examinations Council of Zambia54 No. 3 of 2023]

. 1
Act No. 4 of
2013
Act No. 23
of 2011
Act No. 4 of
2013
Act No. 7 of
2018
Cap. 87
Act No. 3 of
2012
Examinations Council of Zambia54 No. 3 of 2023]

“repealed Act” means the Examinations Council of Zambia
Act, 1983;
“school for continuing education” has the meaning assigned
to the words in the Education Act, 2011;
“State institution” has the meaning assigned to the words in
the Constitution;
“university” has the meaning assigned to the word in the
Higher Education Act, 2013;
“Vice-Chairperson” means a person appointed as Vice-
Chairperson of the Board under section 5;
“Zambia Agency for Persons with Disabilities” means the
Zambia Agency for Persons with Disabilities established
under the Persons with Disabilities Act, 2012;
“Zambia Institute of Chartered Accountants” means the
Zambia Institute of Chartered Accountants established
under the Accountants Act, 2008; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011. PART II
EXAMINATIONS COUNCIL OF ZAMBIA
3.

” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011. PART II
EXAMINATIONS COUNCIL OF ZAMBIA
3.

(1) The Examinations Council of Zambia established under
the repealed Act is continued as if established under this Act and is
a body corporate with perpetual succession and a common seal,
capable of suing and being sued in its corporate name and with
power, subject to the provisions of this Act, to do all acts and things
that a body corporate may, by law, do or perform. (2) The First Schedule applies to the Council. 4. (1) The functions of the Council are to—
(a) prepare and administer examinations at a basic school,
high school and school for continuing education;
(b) monitor and supervise examinations at a basic school,
high school and school for continuing education;
(c) promote the integrity of the system of examinations at a
basic school, high school and school for continuing
education;
(d) formulate examinations syllabi and assessment schemes;
(e) formulate and enforce examination guidelines;
(f)accredit examination centres;
(g) appoint examination officers;
Cap. 137
Cap. 1
Act No. 23 of
2011
Continuation
of
Examinations
Council of
Zambia
Act No. 4 of
2013
Act No. 6 of
2012
Act No. 13
of 2008
Act No. 13
of 2011
Functions of
Council
Examinations Council of Zambia [No.

s
Council of
Zambia
Act No. 4 of
2013
Act No. 6 of
2012
Act No. 13
of 2008
Act No. 13
of 2011
Functions of
Council
Examinations Council of Zambia [No.

3 of 2023 55

3 of 2023 55

(h) register candidates for examinations;
(i) award certificates to candidates who pass examinations;
(j)cause the training of examination officers;
(k) formulate a code of ethics and conduct for examination
officers;
(l) collaborate with Government departments and institutions
in the administration of examinations in the Republic;
(m) invite a person or body in, or outside, the Republic to
assist the Council in the administration of examinations;
(n) collaborate with the Zambia Qualifications Authority for
the verification of examination qualifications conferred
by the Council;
(o) promote the international recognition of qualifications
conferred by the Council;
(p) provide advice to a State institution on the development
and use of any system of examining when requested to
do so; and
(q) carry out research in examinations. (2) The Council may determine—
(a) the fees payable for an inspection conducted or other
services rendered for the purposes of this Act; and
(b) what portion of any fee is payable in respect of any part
of a year and the date on which the fee or portion of
the fee is payable. 5.

is Act; and
(b) what portion of any fee is payable in respect of any part
of a year and the date on which the fee or portion of
the fee is payable. 5.

(1) There is constituted the Board of the Council consisting
of the following part-time members appointed by the Minister:
(a) the Chairperson, who is a recognised academician in a
public university;
(b) a representative of the —
(i) ministry responsible for education;
(ii) Attorney-General;
(iii) Zambia Agency for Persons with Disabilities; and
(iv) Zambia Institute of Chartered Accountants;
(c) a representative of a faith-based organisation involved in
education;
(d) a representative of a trade union for teachers; and
(e) two other persons with relevant knowledge and experience
in matters relating to this Act. Board of
Council
Examinations Council of Zambia56 No. 3 of 2023]

other persons with relevant knowledge and experience
in matters relating to this Act. Board of
Council
Examinations Council of Zambia56 No. 3 of 2023]

(2) The ministries, institutions and organisations referred to in
subsection (1) shall nominate their representatives for appointment
by the Minister. (3) The members of the Board shall elect the Vice-Chairperson
from among themselves. (4) A person shall not be nominated or appointed as a member
of the Board if that person—
(a) is not a citizen;
(b) is an undischarged bankrupt;
(c) is legally disqualified from performing the functions of a
member;
(d) is convicted of an offence under any written law and
sentenced to imprisonment for a term exceeding six
months without the option of a fine;
(e) is convicted of an offence involving fraud or dishonesty
under any written law;
(f) has not served at senior management level for at least
five years;
(g) is found guilty of professional misconduct; or
(h) is an employee of the Council. (5) The First Schedule applies to the Board. 6. (1) Subject to the other provisions of this Act, the Board
shall perform the functions of the Council and provide strategic
policy direction to the Council.

bject to the other provisions of this Act, the Board
shall perform the functions of the Council and provide strategic
policy direction to the Council.

(2) Despite subsection (1), the functions of the Board are
to—
(a) approve the policies, programmes and strategies of the
Council;
(b) approve the annual workplan, action plans and activity
reports of the Council;
(c) approve the annual budget estimates and financial
statements of the Council;
(d) monitor and evaluate the performance of the Council
against the budget and plans;
(e) establish and approve guidelines and standards for the
purposes of this Act; and
(f)promote the effective corporate governance of the
Council. Functions of
Board
Examinations Council of Zambia [No. 3 of 2023 57

ses of this Act; and
(f)promote the effective corporate governance of the
Council. Functions of
Board
Examinations Council of Zambia [No. 3 of 2023 57

(3) The Board may, by direction in writing and on conditions
that the Board considers necessary, delegate to the Executive
Director any of the Board’s functions under this Act. (4) A delegation made under subsection (3) shall not prevent
the Board from performing the function so delegated. (5) The Minister may give to the Board general or specific
directions relating to the performance of the Board’s functions
and the Board shall give effect to those directions to the extent
that they are not inconsistent with this Act or any other written
law. 7. (1) The Board shall appoint an Executive Director who
shall be—
(a) the chief executive officer of the Council; and
(b) responsible for the day to day administration of the
Council under the direction of the Board. (2) The Executive Director shall attend meetings of the Board
or a committee of the Board and may address those meetings,
but shall not vote on any matter. (3) The Board shall appoint a Secretary and other staff of the
Council that the Board considers necessary for the performance
of the functions of the Council.

Board shall appoint a Secretary and other staff of the
Council that the Board considers necessary for the performance
of the functions of the Council.

(4) The Emoluments Commission shall, on the recommendation
of the Board, determine the emoluments of the Executive Director,
Secretary and other staff of the Council. (5) The Board shall determine the terms and conditions of
service, other than emoluments, of the Executive Director,
Secretary and other staff of the Council. PART III
ACCREDITATION OF EXAMINATION CENTRES
8. (1) A person shall not operate an educational institution
as an examination centre without accreditation by the Council. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. 9. (1) A person who intends to operate an educational
institution as an examination centre shall apply to the Council for
accreditation of the educational institution as an examination centre
in the prescribed manner and form on payment of a prescribed
fee. Executive
Director,
Secretary and
other staff
Prohibition
of operation
of
examination
centre
without
accreditation
Application
for
accreditation
as
examination
centre
Examinations Council of Zambia58 No. 3 of 2023]

ration
of
examination
centre
without
accreditation
Application
for
accreditation
as
examination
centre
Examinations Council of Zambia58 No. 3 of 2023]

(2) The Council shall, on receipt of an application under
subsection (1), carry out an inspection of the educational institution
within ten days of receipt of the application in order to determine
whether the educational institution meets the requirements for
accreditation as may be prescribed. (3) The Council shall, within thirty days of the inspection
conducted under subsection (2), grant or reject the application. (4) The Council shall, where the Council rejects an application
under this section, inform the applicant, in writing, stating the reasons
for the rejection. 10. (1) The Council may, where additional information is
required to process an application for accreditation under section
9, request an applicant to furnish the Council with additional
information in a prescribed manner and form within a period that
the Council may determine. (2) Despite the other provisions of this Act, the Council may
reject an application for accreditation if the applicant fails to submit
the additional information requested under subsection (1). 11.

he Council may
reject an application for accreditation if the applicant fails to submit
the additional information requested under subsection (1). 11.

(1) The Council shall, where the Council grants an
application under section 9, issue the educational institution with a
certificate of accreditation in the prescribed manner and form on
terms and conditions that the Council may determine. (2) A certificate of accreditation issued in accordance with this
section shall be valid for a period of three years from the date of
issuance. 12. (1) A holder of a certificate of accreditation issued under
section 11 may, sixty days prior to the expiration of the validity of
the accreditation, apply to the Council for a renewal of the certificate
of accreditation in the prescribed manner and form on payment of
a prescribed fee. (2) The Council shall, on receipt of an application under
subsection (1), ensure compliance with the accreditation
requirements as a condition for the renewal of accreditation. (3) The Council shall, within thirty days of receiving an
application under subsection (1), grant or reject the application. (4) The Council shall, where the Council rejects an application
under this section, inform the applicant, in writing, stating the reasons
for the rejection.

e Council shall, where the Council rejects an application
under this section, inform the applicant, in writing, stating the reasons
for the rejection.

(5) The Council shall, where the Council grants an application
under this section, renew the certificate of accreditation in
accordance with section 11. Request for
additional
information
Certificate of
accreditation
Renewal of
certificate of
accreditation
Examinations Council of Zambia [No. 3 of 2023 59

quest for
additional
information
Certificate of
accreditation
Renewal of
certificate of
accreditation
Examinations Council of Zambia [No. 3 of 2023 59

13. (1) The Council shall carry out an inspection of an
examination centre to ensure compliance with the accreditation
requirements. (2) The Council may, where an inspection is carried out under
subsection (1) and it is found that an examination centre is not
complying with one or more of the accreditation requirements,
suspend or revoke the accreditation of the examination centre in
accordance with section 14. 14. (1) Subject to this Act, the Council may suspend or
revoke a certificate of accreditation if the holder of the certificate
of accreditation—
(a) obtained the certificate of accreditation through fraud,
misrepresentation or concealment of a material fact;
(b) assigns, cedes or otherwise transfers the certificate of
accreditation without the prior approval of the Council;
(c) does not comply with a term or condition of accreditation;
(d) fails an inspection carried out under section 13;
(e) is closed or has its certificate of registration cancelled
under the Education Act, 2011; or
(f) operates the examination centre in contravention of this
Act or any other written law.

of registration cancelled
under the Education Act, 2011; or
(f) operates the examination centre in contravention of this
Act or any other written law.

(2) The Council shall, before suspending or revoking a
certificate of accreditation in accordance with subsection (1), notify
the holder of the certificate of accreditation of the Council’s
intention to suspend or revoke the certificate of accreditation in
the prescribed manner and form, and shall—
(a) give reasons for the intended suspension or revocation;
and
(b) require the holder of the certificate of accreditation to—
(i) show cause, within a reasonable time that the
Council may specify in the notice, why the
accreditation should not be suspended or
revoked; or
(ii) remedy the default. (3) The Council shall not suspend or revoke a certificate of
accreditation if the holder of the certificate of accreditation shows
cause or takes remedial measures to the satisfaction of the Council
within the period specified in accordance with subsection (2). Inspection
of
examination
centre
Suspension
or
revocation
of certificate
of
accreditation
Act No. 23
of 2011
Examinations Council of Zambia60 No. 3 of 2023]

tion
of
examination
centre
Suspension
or
revocation
of certificate
of
accreditation
Act No. 23
of 2011
Examinations Council of Zambia60 No. 3 of 2023]

(4) The Council shall, in making the final determination on the
suspension or revocation of the certificate of accreditation consider
the remedial measures undertaken by the holder of the certificate
of accreditation in accordance with subsection (2). (5) The Council shall suspend or revoke the certificate of
accreditation if the holder of the certificate of accreditation does
not show cause or take remedial measures to the satisfaction of
the Council in accordance with subsection (2), and notify the holder
of the certificate of accreditation of the suspension or revocation
in the prescribed manner and form. 15. (1) A holder of a certificate of accreditation may, at any
time during the validity of the certificate of accreditation, apply to
the Council for a variation of the terms and conditions of the
certificate of accreditation if there are any changes to the
examination centre or the operations of the examination centre. (2) An application made under subsection (1) shall be made in
the prescribed manner and form on payment of a prescribed fee. (3) The Council shall, within thirty days of receipt of an
application under subsection (1), approve or reject the application.

t of a prescribed fee. (3) The Council shall, within thirty days of receipt of an
application under subsection (1), approve or reject the application.

(4) The Council shall, where the Council rejects an application
under subsection (1), notify the applicant, in writing, stating the
reasons for the rejection. (5) The Council shall, where the Council approves an application
under subsection (1), endorse and date the variation on the
certificate of accreditation. 16. A holder of a certificate of accreditation shall display the
certificate of accreditation in a conspicuous place at the examination
centre. 17. (1) A holder of a certificate of accreditation shall not
assign, cede or transfer the certificate of accreditation without the
prior written approval of the Council. (2) A holder of a certificate of accreditation who intends to
assign, cede or transfer the certificate of accreditation shall apply
to the Council for approval in the prescribed manner and form on
payment of a prescribed fee. (3) The Council shall, within thirty days of receipt of an
application under subsection (2), approve or reject the application. (4) The Council shall, where the Council rejects an application
under this section, inform the applicant, in writing, stating the reasons
for the rejection.

e Council shall, where the Council rejects an application
under this section, inform the applicant, in writing, stating the reasons
for the rejection.

Display of
certificate of
accreditation
Assignment,
cessation or
transfer of
certificate of
accreditation
Variation of
certificate of
accreditation
Examinations Council of Zambia [No. 3 of 2023 61

ment,
cessation or
transfer of
certificate of
accreditation
Variation of
certificate of
accreditation
Examinations Council of Zambia [No. 3 of 2023 61

(5) The Council shall, where the Council approves an
application under this section and the Council is satisfied that the
requirements of this Act are met, re-issue the certificate of
accreditation in the new name of the examination centre. 18. (1) A holder of a certificate of accreditation shall, where
the holder of the certificate of accreditation does not intend to
continue operating an examination centre, notify the Council in
the prescribed manner and form, and shall surrender the certificate
of accreditation. (2) The Council shall, where a certificate of accreditation is
surrendered under subsection (1), revoke the certificate of
accreditation subject to conditions that the Council may impose
with respect to the cessation of the activities of the examination
centre. PART IV
ADMINISTRATION OF EXAMINATIONS
19. (1) The Council shall appoint the following examination
officers for an examination centre:
(a) examination centre chairperson;
(b) examination centre vice-chairperson;
(c) supervisor; and
(d) invigilator.

officers for an examination centre:
(a) examination centre chairperson;
(b) examination centre vice-chairperson;
(c) supervisor; and
(d) invigilator.

(2) The Council shall appoint the following examination officers
for the purposes of marking an examination:
(a) chief examiner;
(b) deputy chief examiner;
(c) chief marker;
(d) deputy chief marker;
(e) examiner; and
(f)marker. (3) The Council shall appoint the following examination officers
for the purposes of setting an examination:
(a) setter;
(b) item writer;
(c) moderator; and
(d) proof reader. (4) An examination officer referred to under subsection (1)
shall—
Surrender of
certificate of
accreditation
on cessation
of
operations
Appointment
of
examination
officer
Examinations Council of Zambia62 No. 3 of 2023]

urrender of
certificate of
accreditation
on cessation
of
operations
Appointment
of
examination
officer
Examinations Council of Zambia62 No. 3 of 2023]

(a) administer and supervise an examination at an examination
centre;
(b) secure an examination question paper and other
examination material at an examination centre;
(c) report any examination malpractice before, during or after
an examination to the relevant authority; and
(d) disseminate examination information to a candidate. (5) The Minister may, by statutory instrument, prescribe—
(a) the qualifications and additional functions of examination
officers; and
(b) a code of ethics and conduct for examination officers. 20. (1) A person who intends to be registered as a candidate
for an examination shall apply to the Council for registration in the
prescribed manner and form on payment of a prescribed fee. (2) The Council shall, within a prescribed period, approve or
reject an application made under subsection (1). (3) The Council shall, where the Council rejects an application
under subsection (1), notify the applicant in the prescribed manner
and form, stating the reasons for the rejection. (4) The Council shall, where the Council approves an application
under subsection (1), register the applicant as a candidate as
prescribed.

rejection. (4) The Council shall, where the Council approves an application
under subsection (1), register the applicant as a candidate as
prescribed.

(5) The Minister shall prescribe, by statutory instrument, the
circumstances under which the registration of an applicant as a
candidate may be rejected. 21. (1) A person engaged in the conduct of an examination
or performing work connected with an examination shall, where
that person or that person’s relative or associate is directly or
indirectly interested in a private capacity in an examination or any
examination material or information, as soon as is practicable but
before the commencement of that person’s duties in respect of
the examination, disclose the interest to the Council or Council’s
representative. (2) A person referred to under subsection (1) shall, where a
disclosure is made, continue to perform that person’s duties in
respect of the examinations unless the Council otherwise directs. 22. (1) A person shall not—
(a) before or during an examination, have in that person’s
possession, receive or take into an examination room
any examination material;
Registration
of candidate
for
examination
Disclosure of
interest in
examination
and
examination
material
Examination
malpractice
Examinations Council of Zambia [No. 3 of 2023 63

or
examination
Disclosure of
interest in
examination
and
examination
material
Examination
malpractice
Examinations Council of Zambia [No. 3 of 2023 63

(b) give examination material to a candidate or another person
without lawful authority;
(c) have access or disclose the contents of an examination
material to a candidate or another person without lawful
authority;
(d) make a change in the original answer script of a candidate
without lawful authority;
(e) fraudulently replace the original answer script of a
candidate;
(f)fraudulently alter the examination results, work or marks
of a candidate;
(g) fraudulently alter the examination number or other
identification of a candidate; or
(h) without lawful authority, alter the records of the Council
with regard to an examination or examination results in
relation to a candidate. (2) A candidate shall not during an examination—
(a) communicate with another candidate with intent to assist
that candidate answer an examination question;
(b) communicate with another candidate with intent to seek
the assistance of that candidate in answering an
examination question; and
(c) receive external assistance without lawful authority.

th intent to seek
the assistance of that candidate in answering an
examination question; and
(c) receive external assistance without lawful authority.

(3) A person who contravenes subsection (1) or (2) commits
an offence and is liable, on conviction, to a fine not exceeding
three hundred thousand penalty units or to imprisonment for a
term not exceeding three years, or to both. (4) A candidate shall not, during an examination—
(a) copy from the script of another candidate;
(b) copy from notes, an electronic device or material without
lawful authority; or
(c) be in possession of a textbook, electronic device or material
in the examination room without lawful authority. (5) A candidate who contravenes subsection (4) shall be
disqualified from taking the examination and any other examination
during that academic year. (6) Subject to the provisions of this Act, a candidate who is
disqualified under subsection (5) shall be eligible to take an
examination in the subsequent academic year following the
disqualification. Examinations Council of Zambia64 No. 3 of 2023]

all be eligible to take an
examination in the subsequent academic year following the
disqualification. Examinations Council of Zambia64 No. 3 of 2023]

23. (1) The Minister may, on the recommendation of the
Council, suspend, cancel or nullify an examination where there has
been examination malpractice in accordance with section 22 or on
the basis of other compelling circumstances as may be prescribed. (2) The procedure for the suspension, cancellation or
nullification of examinations under this section shall be as prescribed. 24. (1) A person shall not at, or near, an examination centre
or another place designated for an examination—
(a) have in that person’s possession an offensive weapon or
other material, or use an offensive weapon or other
material on another person; or
(b) act or incite another person to act in a disorderly manner
for the purpose of disrupting an examination or harming,
intimidating, assaulting or obstructing a candidate or any
other person involved in the conduct of the examination. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding three
hundred thousand penalty units or to imprisonment for a term not
exceeding three years, or to both.

able, on conviction, to a fine not exceeding three
hundred thousand penalty units or to imprisonment for a term not
exceeding three years, or to both.

(3) The Council shall, where the offender under this section is
a candidate, in addition to the penalty specified in subsection (2),
cancel the examination results of the candidate and prohibit the
candidate from taking an examination for a period not exceeding
three years immediately after the commission of the offence. (4) The Council may, where the period of three years under
subsection (3) has elapsed and the person applies for registration
as a candidate, register the person as a candidate on terms and
conditions that the Council may determine. 25. (1) The Minister shall, on completion of the marking of
examinations and the compilation of examination results by the
Council, announce the examination results as prescribed. (2) The Council shall, after an announcement of examination
results is made by the Minister under subsection (1), publish the
examination results in a manner and form that the Council may
determine. 26. (1) The Council may withhold examination results of a
candidate where there is reasonable cause to believe that the -
(a) examination results were obtained fraudulently; or
(b) candidate engaged in examination malpractice.

ere is reasonable cause to believe that the -
(a) examination results were obtained fraudulently; or
(b) candidate engaged in examination malpractice.

Suspension,
cancellation
or
nullification
of
examination
Possession
of offensive
material and
disturbances
at
examination
centre
Announcement
and
publication of
examination
results
Withholding
or
nullification
of
examination
results
Examinations Council of Zambia [No. 3 of 2023 65

nouncement
and
publication of
examination
results
Withholding
or
nullification
of
examination
results
Examinations Council of Zambia [No. 3 of 2023 65

(2) The Council may, where the Council is notified or discovers
that a candidate obtained examination results by fraud or it is alleged
that a candidate engaged in examination malpractice, conduct
investigations within a prescribed period as the Council considers
necessary. (3) The Council shall, where investigations are being carried
out in accordance with subsection (2), withhold the examination
results of a candidate pending the conclusion of the investigations. (4) The Council may, in the course of investigations under this
section, call for information or the production of documents that
the Council may require, within a specified period, from a person
and at a place that the Council may determine, to assist in the
investigations. (5) The Council shall, where it is satisfied, following an
investigation under this section, that the examination results of the
candidate were obtained fraudulently or that the candidate engaged
in examination malpractice—
(a) nullify the examination results of a candidate; and
(b) bar the candidate from writing any examination conducted
by the Council for a period of three consecutive years.

ation results of a candidate; and
(b) bar the candidate from writing any examination conducted
by the Council for a period of three consecutive years.

(6) The Council may, where the period of three years under
subsection (5) has elapsed and a person applies for registration as
a candidate, register the person as a candidate on terms and
conditions that the Council may determine. 27. A person who counterfeits, for commercial purposes, a
certificate issued by the Council commits an offence and is liable,
on conviction, to a fine not exceeding five hundred thousand penalty
units or to imprisonment for a term not exceeding five years, or to
both. 28. (1) A person shall not forge a certificate, examination
results slip or statement of examination results issued by the Council. (2) A person who contravenes subsection (1) commits the
offence of forgery and is liable, on conviction, to the penalty
prescribed for forgery under the Penal Code. (3) In this section, “forgery” has the meaning assigned to the
word in the Penal Code. Counterfeiting
of certificate
Cap. 87
Cap. 87
Prohibition
of forgery
Examinations Council of Zambia66 No. 3 of 2023]

ed to the
word in the Penal Code. Counterfeiting
of certificate
Cap. 87
Cap. 87
Prohibition
of forgery
Examinations Council of Zambia66 No. 3 of 2023]

29. (1) A person shall not present another person’s certificate,
examination results slip or statement of examination results
purporting that the certificate, examination results slip or statement
of examination results belongs to that person presenting the
certificate, examination results slip or statement of examination
results. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding three
hundred thousand penalty units or to imprisonment for a term not
exceeding three years, or to both. 30. (1) A person commits an offence, if that person—
(a) is not registered to take a particular examination but
presents or attempts to present oneself, with the intent
to impersonate another candidate, to take part in an
examination as a candidate;
(b) registers for an examination using a false name or identity;
(c) falsely uses a certificate, testimonial, signature, photograph
or document of another person in an examination; or
(d) knowingly allows another person to take an examination
on that person’s behalf.

re, photograph
or document of another person in an examination; or
(d) knowingly allows another person to take an examination
on that person’s behalf.

(2) A person convicted of an offence under subsection (1) is
liable to the penalty prescribed for impersonation under the Penal
Code. (3) In this section, “impersonation” has the meaning assigned
to the word in the Penal Code. PART V
INSPECTORATE
31. (1) The Council shall appoint suitably qualified persons
as inspectors to ensure compliance with this Act. (2) The Council shall provide an inspector with an identification
card which shall be prima facie evidence of the inspector’s
appointment as inspector. (3) An inspector shall, in performing a function under this Act—
(a) be in possession of the identification card referred to in
subsection (2); and
(b) show the identification card to a person who requests to
see the identification card or is the subject of an
investigation under this Act. Prohibition
of
presentation
of forged
certificate,
examination
results slip
or statement
of
examination
results
Prohibition of
impersonation
Inspectors
Cap. 87
Cap. 87
Examinations Council of Zambia [No. 3 of 2023 67

ults slip
or statement
of
examination
results
Prohibition of
impersonation
Inspectors
Cap. 87
Cap. 87
Examinations Council of Zambia [No. 3 of 2023 67

32. (1) The Council may, by notice in the Gazette, on terms
and conditions that the Council may determine, appoint a suitable
person as an honorary inspector for a period not exceeding three
years, and may renew the appointment for a further period of
three years. (2) The Council may, by notice in the Gazette, revoke or
renew an appointment made under subsection (1). (3) The appointment of an honorary inspector under this
section may be—
(a) general, to empower the honorary inspector to act in a
specified area in the Republic; or
(b) limited, to empower the honorary inspector to act in the
area of the Republic as may be specified in the
instrument of appointment. (4) Subject to the other provisions of this Act and to the terms
and conditions specified in the instrument of appointment, an
honorary inspector shall exercise the functions and perform the
duties of an inspector under this Part. 33.

ified in the instrument of appointment, an
honorary inspector shall exercise the functions and perform the
duties of an inspector under this Part. 33.

(1) An inspector may, for the purpose of enforcing the
provisions of this Act, at any reasonable time, without prior notice,
and on the authority of a warrant, enter any premises that the
inspector has reasonable grounds to believe is used for the
commission of an offence or contrary to the provisions of this
Act, and—
(a) search the premises;
(b) search any person on the premises if the inspector has
reasonable grounds to believe that the person has
possession of an article, document or record that has
a bearing on an inspection or investigation, except that
a person shall only be searched by a person of the
same sex;
(c) take extracts from, or make copies of, any book,
document or record that is on the premises and that
has a bearing on an inspection or investigation;
(d) demand the production of, and inspect, relevant
certificates; and
(e) make inquiries that may be necessary to ascertain
whether the provisions of this Act or any other law on
which an inspection or investigation is based, have
been complied with. Honorary
inspector
Power of
entry,
search and
inspection
Examinations Council of Zambia68 No. 3 of 2023]

estigation is based, have
been complied with. Honorary
inspector
Power of
entry,
search and
inspection
Examinations Council of Zambia68 No. 3 of 2023]

(2) A court may issue a warrant on application by an inspector
if it appears from written information given by that inspector, on
oath or affirmation, that there are reasonable grounds to believe
that this Act has been or is likely to be contravened. (3) An inspector who removes anything from any premises
shall—
(a) issue a receipt for anything removed to the owner or the
person in control of the premises; and
(b) return anything removed as soon as practicable after the
thing removed has served the purpose for which it was
removed. (4) A person commits an offence if that person—
(a) delays or obstructs an inspector in the performance of
the inspector’s functions under this Act;
(b) refuses to give an inspector reasonable assistance as the
inspector may require for the purpose of performing
the inspector’s functions;
(c) impersonates an inspector or presents oneself to be an
inspector; or
(d) wilfully gives an inspector false or misleading information
in answer to an inquiry made by the inspector.

presents oneself to be an
inspector; or
(d) wilfully gives an inspector false or misleading information
in answer to an inquiry made by the inspector.

(5) A person convicted of an offence under subsection (4) is
liable to a fine not exceeding three hundred thousand penalty units
or to imprisonment for a term not exceeding three years, or to
both. (6) An inspector shall furnish the Council with a written report
and any other information relating to an inspection. PART VI
GENERAL PROVISIONS
34. (1) The Council shall keep and maintain registers
containing particulars and information relating to—
(a) registered candidates;
(b) accredited examination centres; and
(c) any other information that the Council may determine. (2) The registers shall be kept at the offices of the Council
and shall be open for inspection to members of the public during
normal office hours on payment of a prescribed fee. Registers
Examinations Council of Zambia [No. 3 of 2023 69

pection to members of the public during
normal office hours on payment of a prescribed fee. Registers
Examinations Council of Zambia [No. 3 of 2023 69

35. (1) A person shall not—
(a) make or cause to be made an unauthorised entry, alteration
or erasure in the registers, certificate of accreditation
or on a certified copy of the registers or certificate of
accreditation;
(b) procure or attempt to procure accreditation or registration
under this Act by fraud, misrepresentation or the
concealment of a material fact; or
(c) forge a certificate of accreditation or registration document
issued under this Act. (2) A person who contravenes subsection (1), commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. 36. (1) A person shall not, without the consent, in writing,
given by, or on behalf of, the Council, publish or disclose to an
unauthorised person, other than in the course of duties of that person,
the contents of a document, communication or information which
relates to or which has come to the knowledge of that person in the
course of that person’s duties under this Act.

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 information which to that person’s
knowledge has been published or disclosed in contravention of
subsection (1), unlawfully publishes or communicates the
information to another person, commits an offence and is liable, 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. 37. (1) The Council may require an employee or an agent of
the Council, or a person engaged in the conduct of an examination
or the handling of an examination paper or examination material, to
take an oath of secrecy before a Commissioner for Oaths as may
be prescribed. (2) A person referred to under subsection (1) who does, or omits
to do, an act in contravention of the oath of secrecy commits an
offence and is liable, on conviction, to a fine not exceeding one
hundred thousand penalty units or to imprisonment for a term not
exceeding one year, or to both.

is liable, on conviction, to a fine not exceeding one
hundred thousand penalty units or to imprisonment for a term not
exceeding one year, or to both.

Prohibition
of
publication
or disclosure
of
information
to
unauthorised
person
Oath of
secrecy
Offences
relating to
registration
Examinations Council of Zambia70 No. 3 of 2023]

or disclosure
of
information
to
unauthorised
person
Oath of
secrecy
Offences
relating to
registration
Examinations Council of Zambia70 No. 3 of 2023]

38. (1) A person who is aggrieved with a decision of the
Council may, within thirty days of receipt of the decision, appeal to
the Minister. (2) A person who is aggrieved with a decision of the Minister
may appeal to the High Court. 39. (1) A person commits an offence if that person —
(a) without lawful excuse, during or after an examination,
has in that person’s possession or under the control of
that person an examination material or any information
relating to the contents of an examination;
(b) willfully loses examination material or causes to be lost
an examination material;
(c) recklessly or willfully assists or causes to be assisted a
candidate to obtain unauthorised possession of an
examination material or information relating to an
examination; or
(d) willfully and maliciously damages examination material
or examination facilities. (2) A person convicted of an offence under subsection (1) is
liable to a fine not exceeding two hundred thousand penalty units
or to imprisonment for a term not exceeding two years, or to both.

subsection (1) is
liable 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 referred to under subsection (2) shall, where the
offender is a candidate, in addition to the penalty specified under
subsection (2), be barred for a period of three years, from sitting
for an examination set by the Council. 40. (1) The Council may impose an administrative penalty
on a person for a failure to comply with a provision of this Act
which is not an offence. (2) An administrative penalty shall not exceed the amount
prescribed by the Minister, by statutory instrument, for each day
during which the failure continues. (3) An administrative penalty shall be paid to the Council within
the period prescribed. (4) If a person on whom an administrative penalty is imposed
in accordance with this section fails to pay the administrative penalty
within the time specified under subsection (3), the Council may, by
way of civil action in a competent court, recover the amount of the
administrative penalty from that person as an amount due and
owing to the Council. Appeals
General
offences
Administrative
penalty
Examinations Council of Zambia [No. 3 of 2023 71

hat person as an amount due and
owing to the Council. Appeals
General
offences
Administrative
penalty
Examinations Council of Zambia [No. 3 of 2023 71

41. Where an offence under this Act is committed by a body
corporate or an unincorporate body, with the knowledge, consent
or connivance of the director, manager, shareholder or partner of
the body corporate or an unincorporate body, that director, manager,
shareholder or partner is liable, on conviction, to the penalty
specified for the offence under this Act. 42. (1) The Council may, in the exercise of the Council’s
functions under this Act, issue guidelines that are necessary for
the better carrying out of the provisions of this Act. (2) The Council shall publish guidelines issued under this Act
in the Gazette, in a daily newspaper of general circulation in the
Republic and any other electronic means that the Council may
determine. (3) The guidelines issued by the Council shall take effect on
the date of publication and shall bind all persons on matters relating
to this Act. 43. (1) The Minister may, on the recommendation of the
Council, by statutory instrument, make Regulations for the better
carrying out of the provisions of this Act.

nister may, on the recommendation of the
Council, by statutory instrument, make Regulations for the better
carrying out of the provisions of this Act.

(2) Despite subsection (1), Regulations made under subsection
(1) may make provision for—
(a) the manner and form of applications under this Act and
the fees payable;
(b) the manner and form of registration of a candidate;
(c) the qualification and disqualification of candidates;
(d) examination fees and other examination related charges;
(e) the appointment, qualifications, allowances and additional
functions of examination officers;
(f)the conditions for the award of certificates;
(g) the procedure for the suspension, cancellation or
nullification of an examination;
(h) the conduct and rules of examinations;
(i) the procedures to be followed by examinations officers;
(j)the manner of storage, retention and disposal of examination
scripts; and
(k) the grounds and procedure for challenging examination
results by a candidate. 44. (1) The Examinations Council of Zambia Act, 1983 is
repealed. (2) Despite subsection (1), the provisions of the Second
Schedule apply in respect of the matters specified in the Second
Schedule. Offence by
principal
officers of
body
corporate or
unincorporate
body
Guidelines
Regulations
Repeal of
Act No. 15
of 1983
Examinations Council of Zambia72 No.

by
principal
officers of
body
corporate or
unincorporate
body
Guidelines
Regulations
Repeal of
Act No. 15
of 1983
Examinations Council of Zambia72 No.

3 of 2023]

3 of 2023]

FIRST SCHEDULE
(Sections 3(2) and 5(5))
PART I
ADMINISTRATION OF THE COUNCIL
1. (1) The seal of the Council shall be a device that may be
determined by the Board and shall be kept by the Executive Director. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Executive Director
or any other person authorised in that behalf by a resolution of the
Board. (3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, is not required to be under
seal, may be entered into or executed without seal on behalf of the
Council by the Executive Director or any other person authorised
in that behalf by a resolution of the Board. (4) A document purporting to be a document under the seal of
the Council or issued on behalf of the Council shall be received in
evidence and shall be considered to be so executed or issued, without
further proof, unless the contrary is proved. 2. (1) A member of the Board shall, subject to other provisions
of this Act, hold office for a term of three years from the date of
appointment and may be re-appointed for a further and final term
of three years.

s
of this Act, hold office for a term of three years from the date of
appointment and may be re-appointed for a further and final term
of three years.

(2) A member shall, on the expiration of the term for which the
member is appointed, continue to hold office until another member
is appointed, but in no case shall an extension of the period exceed
three months. (3) The office of member becomes vacant if the member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) is absent, without reasonable excuse, from three
consecutive meetings of the Board of which the member
has had notice, without the prior approval of the Board;
(d) resigns, by giving one month’s notice in writing, to the
Council;
(e) is legally disqualified from performing the functions of a
member;
(f)ceases to be an employee or a member of the ministry,
institution or organisation that nominated the member;
and
(g) is convicted to an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine. Seal of
Council
Tenure of
office and
vacancy
Examinations Council of Zambia [No. 3 of 2023 73

term
exceeding six months without the option of a fine. Seal of
Council
Tenure of
office and
vacancy
Examinations Council of Zambia [No. 3 of 2023 73

(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 member shall hold office
as a member only for the unexpired part of the term of the Board. 3. (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 every three months at a place and time that the Board
may determine. (3) The Chairperson shall, on giving notice of not less than
fourteen days, call for a meeting of the Board, or where one third
or more of the members so request, in writing, except that if the
urgency of a particular matter does not permit the giving of a
notice, a special meeting may be called on giving a shorter notice. (4) Five members shall form a quorum at a meeting of the
Board. (5) There shall preside at any meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of the Chairperson and the Vice-
Chairperson, a member as the members present may
elect for the purpose of that meeting.

person;
or
(c) in the absence of the Chairperson and the Vice-
Chairperson, a member as the members present may
elect for the purpose of that meeting.

(6) A decision of the Board on any question shall be by a
majority of the members present and voting at the meeting and, in
the event of an equality of votes, the person presiding at the meeting
shall have a casting vote in addition to the deliberative vote. (7) A member may, where the member is for any reason unable
to attend a meeting of the Board, nominate another person, in
writing, from the same ministry, institution or organisation to attend
a meeting of the Board in that member’s stead and that person
shall be deemed to be a member for the purpose of that meeting. (8) The Board may invite a person whose presence is in the
Board’s opinion desirable to attend and to participate in the
deliberations of the meeting of the Board but that person shall
have no vote. (9) The Board shall cause minutes to be kept of the proceedings
of every meeting of the Board and any committee of the Board. Proceedings
of Board
Examinations Council of Zambia74 No. 3 of 2023]

of the proceedings
of every meeting of the Board and any committee of the Board. Proceedings
of Board
Examinations Council of Zambia74 No. 3 of 2023]

4. (1) The Board may, for the purpose of performing its
functions under this Act, constitute a committee and delegate any
of its functions to the committee as the Board considers necessary. (2) The Board may appoint as members of a committee,
persons who are or are not members except that at least one
member of the Board shall be a member of a committee. (3) A member of a committee shall hold office for a period
that the Board may determine. (4) Subject to any specific or general directions of the Board,
a committee may regulate its own procedure. 5. A member of the Board or any committee of the Board
shall be paid allowances that the Emoluments Commission may,
on the recommendation of the Minister, determine. 6.

Board or any committee of the Board
shall be paid allowances that the Emoluments Commission may,
on the recommendation of the Minister, determine. 6.

(1) A person who is present at a meeting of the Board or
a committee of the Board at which any matter is the subject of
consideration and in which matter that person or that person’s
relative or associate is directly or indirectly interested in a private
capacity, shall, as soon as is practicable after the commencement
of the meeting, declare that interest and shall not, unless the Board
or the committee otherwise directs, take part in any consideration
or discussion of, or vote on, any question relating to that matter. (2) A disclosure of interest made under subparagraph (1) shall
be recorded in the minutes of the meeting at which is made. 7. An action or other proceedings 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 Council for, or in respect of, an act or thing
done or omitted to be done in good faith in the exercise or
performance of any of the powers, functions or duties conferred
under this Act. PART II
FINANCIAL PROVISIONS
8.

done in good faith in the exercise or
performance of any of the powers, functions or duties conferred
under this Act. PART II
FINANCIAL PROVISIONS
8.

(1) The funds of the Council consist of monies that may—
(a) be appropriated to the Council by Parliament;
(b) be paid to the Council by way of fees, grants or donations;
and
(c) vest in, or accrue to, the Council. (2) The Council may—
(a) accept monies by way of grants or donations from any
source within the Republic and subject to the approval
of the Minister, from any source outside the Republic;
and
Allowances
Disclosure of
interest
Immunity of
members
Funds of
Council
Committees
of Board
Examinations Council of Zambia [No. 3 of 2023 75

ublic;
and
Allowances
Disclosure of
interest
Immunity of
members
Funds of
Council
Committees
of Board
Examinations Council of Zambia [No. 3 of 2023 75

(b) subject to the Public Debt Management Act, 2022, raise
by way of loans or otherwise, monies that the Council
may require for the discharge of the Council’s functions. (3) There shall be paid from the funds of the Council—
(a) the salaries, allowances, loans, gratuities and pensions
of the staff of the Council and other payments for the
recruitment and retention of staff;
(b) reasonable traveling expenses and other allowances for
members of the Board or members of a committee of
the Board when engaged in the business of the Council
at rates that the Emoluments Commission may, on the
recommendation of the Minister, determine; and
(c) any other expenses incurred by the Council in the
performance of the Council’s functions under this Act. (4) Subject to the Public Finance Management Act, 2018, the
Board may, with the approval of the Minister, invest in a manner
that the Board considers necessary any of the Council’s funds
that the Council does not immediately require for the performance
of the Council’s functions. 9. The financial year of the Council shall be a period of twelve
months ending on 31st December in each year. 10.

formance
of the Council’s functions. 9. The financial year of the Council shall be a period of twelve
months ending on 31st December in each year. 10.

(1) The Board shall cause to be kept proper books of
accounts and other records relating to the Council’s accounts. (2) The accounts of the Council shall be audited annually by
the Auditor-General or an auditor appointed by the Auditor-General. (3) The fees for the Auditor-General or an auditor appointed
by the Auditor-General shall be paid by the Council. 11. (1) The Board shall, as soon as practicable, but not later
than ninety days after the end of the financial year, submit to the
Minister a report concerning the activities of the Council during
the financial year. (2) The report referred to in subparagraph (1) shall include
information on the financial affairs of the Council and there shall
be appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) any other information that the Minister may require. Act No. 1 of
2018
Financial
year
Accounts and
audit
Annual
Report
Act No. 15
of 2022
Examinations Council of Zambia76 No. 3 of 2023]

ster may require. Act No. 1 of
2018
Financial
year
Accounts and
audit
Annual
Report
Act No. 15
of 2022
Examinations Council of Zambia76 No. 3 of 2023]

(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. SECOND SCHEDULE
(Section 44)
1. In this Schedule “former Council” means the Examinations
Council of Zambia established under the repealed Act. 2. A person who immediately before the commencement of
this Act held office as a member of the former Council shall
continue to hold office as a member for a period of three months
after which the Minister shall appoint the members of the Board
in accordance with this Act. 3. (1) For the avoidance of doubt, a person who, before the
commencement of this Act, was an officer or employee of the
former Council, shall continue to be an officer or employee of the
Council, as if appointed or employed under this Act. (2) The service of the persons referred to, in subparagraph
(1) shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the former Council before this
Act comes into force. 4.

Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the former Council before this
Act comes into force. 4.

(1) On or after the commencement of this Act, there shall
be transferred to, vest in and subsist against the Council by virtue
of this Act and without further assurance, all assets, rights and
obligations which immediately before that date were the assets,
rights, liabilities and obligations of the former Council. (2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to
which the former Council was a party immediately before the
commencement of this Act whether or not of a nature that rights,
liabilities and obligations could be assigned, shall, unless its subject
matter or terms make it impossible that it should have effect as
modified, as provided under this paragraph, have effect as if—
(a) the Council had been party to it;
(b) for reference to the former Council there was substituted,
with respect to anything falling to be done on or after
the commencement of this Act, a reference to the
Council; or
Interpretation
Member
Staff of
Council
Transfer of
assets and
liabilities
Examinations Council of Zambia [No. 3 of 2023 77

eference to the
Council; or
Interpretation
Member
Staff of
Council
Transfer of
assets and
liabilities
Examinations Council of Zambia [No. 3 of 2023 77

(c) for any reference to any officer of the former Council,
not being a party to it and beneficially interested, there
were substituted, as respects anything falling to be done
on or after the commencement of this Act, a reference
to that officer of the Council, that it shall designate. (3) Where under this Act, any assets, rights, liabilities and
obligations of the former Council are deemed to be transferred to
the Council in respect of which transfer a written law provided for
registration, the Council shall make an application in writing to the
appropriate registration authority for registration of the transfer. (4) The registration authority, referred to in subparagraph (3),
shall make entries in the appropriate register as shall give effect to
the transferee concerned a certificate of title in respect of the
property or make necessary amendments to the register and shall
endorse the deeds relating to the title, right or obligation concerned
and no registration fees or other duties shall be payable in respect
of the transaction. 5.

deeds relating to the title, right or obligation concerned
and no registration fees or other duties shall be payable in respect
of the transaction. 5.

(1) Any legal proceedings or application of the former
Council pending immediately before the commencement of this
Act by or against the former Council may be continued by or against
the Council. (2) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the former Council, may be
instituted by or against the Council. 78 No. 3 of 2023] Examinations Council of Zambia
Legal
proceedings