STANDARDS ACT

to provide for standards of quality control for certain commodities; to continue the Zambia Bureau of Standards and to re-define its powers and functions; to establish the Standards Council of Zambia; to repeal the Zambia Bureau of Standards Act; and to provide for matters connected with or incidental to the foregoing.

[3rd June, 1994]

Act 20 of 1994,

Act 13 of 1994,

Act 6 of 1997.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Standards Act.

2. Interpretation

(1) In this Act, unless the context otherwise requires—

“Bureau” means the Zambia Bureau of Standards;

“compulsory standard” means a standard declared under section 7 to be a compulsory standard;

“commodity” means any article or goods, whether manufactured or not;

“Council” means the Standards Council of Zambia established by this Act;

“dangerous” , in relation to any commodity, means likely to cause death or injury to the body or health of a person, whether the death or injury is likely to be caused directly or indirectly and whether or not because of—

(a) a failure to include with or on the commodity any instructions for its use;

(b) the inclusion with or on the commodity of instructions for the use of the commodity that are inaccurate or inadequate;

(d) the commodity’s not being of the quality represented by the manufacturer or supplier; or

(e) the necessity for, or possibility of, the use of the commodity with any other commodity;

“defect” includes a dangerous characteristic;

“defective commodity” means a commodity that does not comply with a compulsory standard for the commodity or is the subject of an order under section 16 or 17;

“Director” means the Director of the Bureau appointed under this Act;

“export standard” means a standard declared under section 8 to be an export standard;

“inspector” means a person appointed to be an inspector for the purposes of this Act;

“mark of conformity” means a mark declared under section 13 to be a mark of conformity in relation to a commodity;

“standard” means a specification or code of practice designed to regulate—

(a) the nature, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age or other characteristics of a commodity; or

(b) the material or substance from which a commodity may be produced, manufactured, processed, treated or finished;

and which is declared under this Act to be a voluntary, compulsory or export standard in relation to the commodity concerned;

“supplier” means a person who, in the course of a business, supplies any commodity;

“supply” includes—

(a) supply or re-supply by way of sale, exchange, lease, hire or hire-purchase; and

(b) exhibit, expose or have in possession for the purpose of sale, exchange, lease, hire or hire- purchase or for any purpose of manufacture or trade;

“voluntary standard” means a standard declared under section 6 to be a voluntary standard.

(2) Except in so far as the contrary intention appears, a reference in this Act to a standard is a reference to the standard as from time to time amended.

3. Relationship to other laws

In the event of any inconsistency between this Act and the Pharmacy and Poisons Act, the Food and Drugs Act or any other Act, the provisions of this Act shall prevail to the extent of the inconsistency.

PART II
ADMINISTRATION

4. The Zambia Bureau of Standards

(1) The body corporate known as the Zambia Bureau of Standards established under the Zambia Bureau of Standards Act, 1982, is hereby continued in existence, notwithstanding the repeal of that Act by this Act.

(2) The First Schedule has effect in respect of the Bureau, its governance and its staff.

5. Functions of Bureau

(1) The functions of the Bureau shall be—

(a) to promote and require the adoption of standards in industry and commerce, with a view to improving-

(i) the quality of commodities;

(ii) industrial efficiency and productivity; and

(iii) after-sale support services and all aspects of quality assurance for commodities;

(b) to make arrangements or provide facilities for the examination and testing of-

(i) commodities to which standards apply; and

(ii) the material or substance from which a commodity may be produced, manufactured, processed, treated or finished;

(d) to provide for other schemes of quality control and quality assurance for commodities in order to promote and improve the export trade;

(e) to co-ordinate the efforts of producers and consumers in the improvement of appliances, processes, new materials and products;

(f) to provide testing facilities and such other facilities and technical services as may be required by the Government or industry in connection with—

(i) structural, electrotechnical or mechanical engineering;

(ii) biological or chemical technology, including fibre technology;

(iii) any other industrial application of science or technology, and

(iv) any scientific, technological or metrological matter to be determined for the purposes of any Act or law or for other purposes;

(g) to make arrangements or provide facilities for the testing and calibration of precision instruments, gauges and scientific apparatus, for the determination of their degree of accuracy and the certification thereof;

(h) to act as consultants in the field of standards and provide advisory services to industry, including any service industry;

(i) to establish laboratories and other facilities for the performance of its functions;

(j) to encourage or undertake education in connection with standards; and

(k) to perform such other functions as may be conferred upon the Bureau by or under the Weights and Measures Act or any other written law.

(2) The Council may by resolution delegate any of the powers and functions of the Bureau to any person in the Bureau or to any committee formed by the Council or, with the consent of the Minister, to any other person.

PART III
STANDARDS

6. Voluntary Standards

The Bureau may, by notice in the Gazette—

(a) publish any specification or code of practice drawn up in relation to a commodity and declare the same to be a voluntary standard for that commodity; and

(b) from time to time make and publish amendments to, or at any time repeal, any standard so declared.

7. Compulsory standards

(1) If the Minister is satisfied, on the recommendation of the Bureau, that it is necessary or expedient to do so for the promotion of public safety or otherwise in the public interest, he may by statutory instrument-

(a) publish any specification or code of practice drawn up in relation to a commodity and declare the same to be a compulsory standard for that commodity; and

(b) from time to time make and publish amendments to, or at any time repeal, any standard so declared.

(2) A compulsory standard shall not be declared, nor shall it be amended in a manner that, in the opinion of the Minister, affects a substantial variation, except after compliance with section 9.

8. Export standards

(1) If the Minister is satisfied, on the recommendation of the Bureau, that it is necessary or expedient to do so for the promotion or development of the export trade, he may by Statutory Instrument—

(a) publish any specification or code of practice drawn up in relation to an export commodity and declare the same to be an export standard for that commodity; and

(b) from time to time make and publish amendments to, or at any time repeal, any standard so declared.

(2) An export standard shall not be declared, nor shall it be amended in a manner that, in the opinion of the Minister, affects a substantial variation, except after compliance with section 9.

(3) An export standard may be declared whether or not there is an existing voluntary or compulsory standard.

9. Publicity

(1) The Bureau shall, before making any recommendation for the purposes of section 7 or 8, by notice in the Gazette publish a draft of its proposed recommendation, together with-

(a) a summary of the purpose and effect of the proposed standard or, as the case may be, the proposed amendment;

(b) in the case of a proposed new standard, a reference to any existing voluntary or other standards affecting the commodity concerned; and

(c) an invitation to any interested persons to lodge with the Bureau, in writing addressed to the Director and lodged within a specified time, any objections they may wish to make to the substance of the recommendation.

(2) Sub-section (1) does not apply to a recommendation of the Bureau for the repeal of a standard or for its amendment in a manner that, in the opinion of the Minister, affects a purely formal or otherwise insubstantial variation.

(3) The time specified for the purposes of paragraph (c ) of sub-section (1) shall not be less than two months.

(4) The Bureau shall consider any objection duly lodged and may, if it thinks fit, for that purpose hold an inquiry at which the objector shall be entitled to be present and, by himself or by counsel, to be heard.

(5) The Bureau’s final response to any such objection, whether or not the subject of an inquiry, shall be notified to the objector.

(6) It shall be the duty of the Bureau, when making any recommendation for the purposes of section 7 or 8, to bring to the notice of the Minister the nature and grounds of any objection that was made to the proposed recommendation and the Bureau’s response to that objection.

10. Compliance with standards

A person shall not—

(a) supply to another person any commodity to which a compulsory standard applies; or

(b) export any commodity to which an export standard applies;

unless the commodity concerned complies with the standard.

11. Supply of commodity not complying with standard

(1) If a commodity is supplied to a person in contravention of section 10—

(a) the supplier shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding one year, or to both; and

(b) the person to whom the commodity was supplied may recover from the supplier as a debt any money paid for the commodity, whether or not the supplier has been convicted of an offence in respect of its supply.

(2) If judgement is given for the plaintiff in an action under paragraph (b ) of sub-section (1), the judgement debt may, if the court so directs, be satisfied by repair or modification of the commodity in such a manner that—

(a) the commodity concerned would have complied with the relevant standard if the commodity had been supplied as repaired or modified; or

(b) the repaired or modified commodity is accepted by the plaintiff on or before a day specified in the direction.

[S 11 am by Act 13 of 1994.]

12. Permission for supply or export

(1) A person who manufactures a commodity to which a compulsory standard applies or who obtains such a commodity in Zambia otherwise than by being supplied with it shall not supply the commodity to another person unless the Bureau has given, and has not withdrawn, its authority in writing for the supply.

(2) A person shall not export a commodity to which an export standard applies unless the Bureau has given, and has not withdrawn, its authority in writing for the export.

(3) Except as provided by sub-section (6), the Bureau shall give the requisite authority under this section unless it is satisfied that the commodity concerned does not comply with the relevant standard or that there is reason to think that it will not do so in the future.

(4) The authority may be given unconditionally or may be given on such terms and conditions as the Bureau considers necessary to ensure continued compliance by the commodity with the relevant standard.

(5) Except as provided by sub-section (6), the Bureau may by notice in writing withdraw its authority if it is satisfied that the commodity concerned no longer complies with the relevant standard or with any terms and conditions on which the authority was given.

(6) If, in the case of a commodity to which an export standard applies, the Bureau is satisfied that—

(a) an exporter of the commodity is required under contract to export the commodity in accordance with specifications contained in the contract;

(b) by reason of those specifications, the commodity does not comply with the standard; and

(c) the specifications were not made in the contract with the object of defeating the operation of the other provisions of this section;

the Bureau may, for the purpose of enabling the exporter to perform his contractual obligations, give the authority required by this section or, as the case may require, refrain from withdrawing it.

(7) For the purposes of this section, the Bureau shall, to such extent as it thinks necessary, cause the commodity concerned to be inspected, before giving its authority and from time to time thereafter, to ascertain whether it complies or continues to comply with the relevant standard.

(8) A person who supplies or exports any commodity in contravention of this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding twenty thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

[S 12 am by Act 13 of 1994.]

PART IV
PROMOTION OF COMMODITIES

13. Declaration of marks

(1) The Minister, on the recommendation of the Bureau, may by statutory order declare a mark depicted or described in the order to be a mark of conformity with respect to a standard.

(2) No mark of conformity shall be declared which so closely resembles a trade mark registered under the Trade Marks Act as to be likely, in the opinion of the Minister, to be mistaken for the trade mark.

14. Use of marks

(1) A person shall not apply a mark of conformity to any commodity except with the authority in writing of the Bureau.

(2) The Bureau shall give the requisite authority under this section unless it is satisfied that the commodity concerned does not comply with the relevant standard or that there is reason to think that it will not do so in the future.

(3) A person shall not apply to a commodity, or otherwise use in connection with the supply or promotion of a commodity, any mark that so closely resembles a mark of conformity as to be likely to be mistaken for the mark of conformity, unless it was registered as a trade mark before the commencement of this Act.

(4) A person shall not, in connection with the supply or promotion of a commodity, make any reference to the Council or the Bureau or to any mark of conformity, except to the extent authorised under sub-section (1).

(5) A person who contravenes this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

(6) For the purposes of this section, a mark of conformity or other mark shall be deemed to be applied to a commodity if it is applied to any wrapper, covering, container or label used in connection with the commodity.

[S 14 am by Act 13 of 1994.]

15. Prohibition on use of certain words

(1) A person shall not, except with the written approval of the Minister—

(a) under any law register a society, company, firm, trade, business or association; or

(b) start any activity, society, trade, business, occupation or association;

under any name that contains the words “Bureau of Standards”, “Standards Bureau”, “Council of Standards”, “Standards Council” or other words that may create the impression that the person is, or is connected or associated with, the Bureau or the Council.

(2) A person shall not, except with the written approval of the Minister—

(a) under any law register any trade or trade name that contains the word “standard”; or

(b) supply any commodity under a mark or description that contains the word “standard”, otherwise than as authorised under this Part;

in a manner likely to create the impression that the commodity to which the trade mark, trade name, mark or description relates complies with any standard under this Act.

(3) A person who contravenes this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

(4) Where the Minister is satisfied that any approval given by him under this section is being abused, he may withdraw his approval.

[S 15 am by Act 13 of 1994.]

PART V
DANGEROUS OR DEFECTIVE COMMODITIES

16. Interim order prohibiting or restricting supply of commodity

(1) The Minister, on the recommendation of the Director, may by order prohibit, or impose conditions on, the supply of a commodity of any specified kind or description, if the Minister considers that the commodity is so defective that, in the interests of public safety, supply of the commodity should be prohibited or restricted immediately.

(2) An order under this section may be made under the hand of the Minister or by statutory instrument.

(3) An order under this section under the hand of the Minister takes effect when written notice of the order is given to the supplier.

(4) Unless sooner revoked, an order under this section expires 30 days after it takes effect.

(5) An order under this section may be once renewed by further order made in the same manner, but only if application has been made to the High Court for an order under section 17.

17. Order of High Court prohibiting or restricting supply of commodity

(1) On the application of the Director, the High Court may by order prohibit, or impose conditions on, the supply of a commodity of any specified kind or description, if the Court considers that the commodity is defective and that, in the interests of public safety or otherwise in the public interest, supply of the commodity should be prohibited or restricted.

(2) An application may be made under this section whether or not an order has been made under section 17 with respect to the commodity concerned.

(3) An order of the High Court under this section revokes any order under section 16 in force with respect to the same commodity.

18. Contravention of orders

A person who—

(a) supplies a commodity in contravention of an order under section 17 that was made by statutory instrument or of which the person was given due notice; or

(b) supplies a commodity in contravention of an order of the High Court under section 17;

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

[S 18 am by Act 13 of 1994.]

19. Remedy for supply of commodity in contravention of order

(1) If a commodity is supplied to a person in contravention of an order under this Part, the person may recover from the supplier as a debt any money paid for the commodity, whether or not the supplier has been convicted of an offence in respect of its supply.

(2) If judgment is given for the plaintiff in an action under this section, the judgment debt may, if the court so directs, be satisfied by repair or modification of the commodity in such a manner that—

(a) the contravention relied on by the plaintiff would not have occurred if the commodity had been supplied as repaired or modified; or

(b) the repaired or modified commodity is accepted by the plaintiff on or before a day specified in the direction.

20. Order for recall of defective commodities

(1) The Minister may by order under his hand require a supplier of any defective commodity to do any one or more of the following-

(a) recall the commodity, and all others of the same type that were supplied by him, in the manner, and within the period, specified in the order;

(b) disclose to the public, or to a class of persons specified in the order, in the manner and within the period so specified, one or more of the following-

(i) the nature of any defect in any commodities identified in the order;

(ii) the circumstances in which the use of any such commodities is dangerous;

(iii) procedures for disposing of any such commodities.

(c) notify the public, or a class of persons specified in the order, in the manner and within the period specified in the order, that the supplier undertakes to do whichever of the following the supplier thinks is appropriate-

(i) repair the defective commodity;

(ii) replace the defective commodity;

(iii) refund to a person to whom the commodity was supplied (whether by the supplier or by another person) the price of the commodity;

within the period specified in the order.

(2) If an order under this section so provides, where—

(a) the supplier undertakes to refund the price of any commodity; and

(b) a period of more than 12 months has elapsed since any person (whether or not the person to whom the refund is to be made) acquired the commodity from the supplier;

the amount of the refund may be reduced by an amount that is attributable to the use which a person has had of the commodity and is calculated as specified in the order.

(3) If a supplier undertakes to repair any commodity, the supplier shall cause the commodity to be repaired so that—

(a) any defect in the commodity identified in the order is remedied; and

(b) if there is a compulsory standard for commodities of that kind, the commodity complies with the standard.

(4) If a supplier undertakes to replace a commodity, the supplier shall replace the commodity with a like commodity which—

(a) does not contain any defect in the commodity that was identified in the order; and

(b) complies with any compulsory standard for commodities of that kind.

(5) If a supplier undertakes to repair a commodity or replace a commodity, the cost of the repair or replacement, including any necessary transportation costs, shall be borne by the supplier.

(6) While an order made under this section is in force, a supplier of a commodity to which the order relates who—

(a) fails to comply with a requirement of, or a direction in, the order;

(b) where the order identifies a defect in the commodity, supplies a commodity of the kind to which the order relates and which contains that defect;

(c) in a case other than a case referred to in paragraph (b ), supplies a commodity of the kind to which the order relates;

(d) fails to carry out an undertaking notified by the supplier under this section; or

(e) having given such an undertaking to repair or replace a commodity, fails to comply with this section in relation to the action undertaken;

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

[S 20 am by Act 13 of 1994.]

21. Voluntary recall of commodities

(1) A supplier who of his own volition takes action to recall any commodity shall give to the Director a notice in writing, not later than two days after that action is taken-

(a) stating that the commodity is subject to recall;

(b) if the commodity has a defect, stating the nature of the defect; and

(2) A supplier who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand penalty units.

[S 21 am by Act 13 of 1994.]

22. Certain amounts recoverable

(1) If a supplier fails to carry out an undertaking given under section 20 to refund the price of a commodity, the amount that should have been refunded is recoverable as a debt due by the supplier to the person to whom the undertaking was given.

(2) If a supplier fails to carry out an undertaking under section 20 to repair or replace a commodity, the supplier shall be deemed to have given instead an undertaking, notified under that section, to refund the price of the commodity within the period specified for the repair or replacement of the commodity.

23. Certain action not to affect insurance contracts

(1) The liability of an insurer under a contract of insurance with any person, being a contract relating to the recall of commodities supplied or proposed to be supplied by him or to his liability with respect to possible defects in any such commodities, shall not be affected only because he gives to the Minister, or to the Bureau or the Director or any officer of the Bureau, any information relating to any commodity supplied or proposed to be supplied by him.

(2) A contract of insurance is void and of no effect to the extent that it contains any provision that would defeat the operation of this section.

PART VI
FINANCIAL PROVISIONS

24. Standards Development Fund

(1) The Bureau shall establish a Standards Development Fund, into which shall be paid all sums of money—

(a) payable to the Bureau from time to time from money appropriated by Parliament;

(b) payable to the Bureau under this or any other Act or statutory instrument;

(d) accruing to or vested in the Bureau from time to time, whether in the course of the exercise of its functions or otherwise; or

(e) accrued to or vested in the Bureau immediately before the commencement of this Act.

(2) The Fund shall be applied by the Bureau to defray the costs of the exercise and performance of its powers and functions.

(3) Such amounts standing to the credit of the Fund as are not immediately required by the Bureau may be invested in Government-issued securities or in any manner authorised by law for the investment of trust funds.

25. …

[S 25 rep by Act 6 of 1997.]

PART VII
MISCELLANEOUS

26. Acquisition of patent rights, etc.

The Bureau may—

(a) apply for, purchase, receive by assignment or otherwise acquire in accordance with the laws of Zambia or any other country, any patent brevets, inventions, concessions, licences or similar rights to use information relating to any invention or discovery; and

(b) develop, use, exercise, assign, transfer, sell, grant licences in respect of or otherwise turn to account the property rights or information so acquired.

27. Rights of Bureau in discoveries, etc., within the Bureau

(1) Where in the course of his duties an employee of the Bureau makes any discovery, whether by way of invention or improvement, the Bureau shall be deemed to be the owner for all purposes of the rights therein.

(2) The Bureau may pay to the employee such bonus, fees or royalties therefore, or make such arrangement for that employee to share in the profits therefrom, as the Bureau may determine.

28. National calibration service

(1) The Minister may establish a national calibration service to be operated by the Bureau which shall provide for the calibration of measuring instruments and measurement standards or etalon.

(2) The Director may on application register a person, subject to such conditions as he may determine, as a participant in the national calibration service.

(3) An application for registration shall be accompanied by such data as the Director may require to enable the Director to assess the suitability of the applicant to participate in the national calibration service.

(4) The Bureau shall publish guidelines specifying the requirements for a person to participate in the service.

29. Inspection of commodities, etc.

(1) Subject to the other provisions of this Act, an inspector whom the Bureau has generally or specifically authorised in writing in that behalf may, at all reasonable times, enter any premises in or upon which he has reason to believe that an export commodity or a commodity which is the subject of a compulsory standard is produced, manufactured, processed, treated, finished or stored and may-

(a) inspect or take samples of any such commodity;

(b) inspect or take samples of any material or substance which he has reason to believe is used or is intended to be used in the production, manufacture, processing, treatment or finishing of any such commodity;

(c) open any package or container which he has reason to believe contains any such commodity or any such material or substance;

(d) inspect any process or operation which is carried on in connection with the production, manufacture, processing, treatment or finishing of any such commodity;

(e) examine and make copies of or take extracts from any book, notice, record, list or document which relates to any such commodity;

(f) require any person to explain any entry in any such book, notice, record, list or document;

(g) carry out any other investigations in connection with any such commodity; and

(h) exercise such other powers as are connected with or incidental to his powers under this section.

(2) The person in charge of the premises shall provide such facilities as are reasonably necessary for the performance by the inspector of his functions.

(3) The inspector when entering the premises may be accompanied by an employee of the Bureau and may take such equipment as may appear to him to be necessary for the exercise of his powers.

(4) Any person who hinders or obstructs an inspector in the course of his duty or who wilfully fails to comply with any requirement lawfully made under this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding one year, or to both.

[S 29 am by Act 13 of 1994.]

30. Co-operation with other agencies

With the approval of the Minister, the Bureau may co-operate or provide for co-operation with any person, association or organisation within or outside Zambia having objects similar to those of the Bureau.

31. Production of authority

An inspector exercising any power under this Act shall, on demand by any person affected thereby, produce for inspection his certificate of appointment.

32. Unauthorised publication of information

(1) A person shall not, without consent in writing given by or on behalf of the Bureau, publish or disclose to any person, otherwise than in the course of his duties, the contents of any document, communication or information which relates to and which has come to his knowledge in the course of his duties under this Act.

(2) Any person who knowingly contravenes the provisions of sub-section (1) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding one year, or to both.

(3) A person having information which to his knowledge has been published or disclosed in contravention of sub-section (1) and who unlawfully publishes or communicates the information to any other person shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding one year, or to both.

[S 32 am by Act 13 of 1994.]

33. Proceedings for offences

Proceedings for an offence against this Act or the regulations shall not be instituted except by or with the written consent of the Director of Public Prosecutions.

34. Offences by bodies corporate

If a body corporate is convicted of an offence against this Act or any regulations made under this Act, every person—

(a) who is a director of the corporation; or

(b) who is concerned in the management of the corporation;

shall be deemed to have committed the same offence if he knowingly authorised or permitted the act or omission constituting the offence.

35. Additional powers of the court

(1) Where a person is convicted of any offence under this Act, the court may, in addition to any sentence that it may impose, make an order—

(a) confiscating all or any part of any commodity in respect of which the offence was committed;

(b) prohibiting the manufacture or supply of that commodity unless it complies with the relevant standard; and

(c) that any commodity which is the subject of an order under paragraph (a ) shall be disposed of in such manner as it may direct.

(2) Where a complaint is made in respect of an offence under paragraph (a ) of sub-section (1) of section 11, the court may—

(a ) on application made ex parte by an inspector; and

(b ) on receiving evidence that the commodity, method or procedure complained of, or its manufacture or supply, fails to comply with the relevant standard;

make an order prohibiting, either absolutely or on such terms and conditions as the court thinks fit, the manufacture or supply of that commodity or, as the case may require, the carrying on of that method or procedure, until the complaint is determined.

36. Immunity from suit

(1) No act, matter or thing done or omitted by any member, officer or employee of the Bureau or the Council shall subject him to any personal liability if the matter or thing was done or omitted in good faith in the exercise or performance of any powers and functions conferred or imposed by this Act.

(2) The fact that any commodity complies or is alleged to comply with any standard or specification declared or approved under this Act, or has or is alleged to have been manufactured, treated, adjusted or otherwise dealt with in accordance with any such specification, shall not give rise to any action, claim, suit or demand against the Government, the Bureau or the Council or against any member, officer or employee thereof.

37. Regulations

(1) The Minister may by statutory instrument make regulations prescribing all matters that by this Act are required or permitted to be prescribed or that are necessary or expedient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting the generality of sub-section (1), regulations may be made for or with respect to—

(a) the operation of the national calibration service;

(b) the charges that may be made for calibrations, consultancies and any other services provided by the Bureau to public or private sector customers;

(c) such transitional provisions as the Minister considers necessary or expedient to be made in consequence of the enactment of this Act.

38. Savings

The savings and transitional provisions contained in the Second Schedule shall apply in respect of the Bureau, the Council and other matters.

39. Repeal

The Zambia Bureau of Standards Act, 1982 is hereby repealed.

FIRST SCHEDULE

[Section 4]

THE BUREAU

1. The Standards Council of Zambia

(1) The Bureau shall be governed by a body of 15 persons, to be known as the Standards Council of Zambia, which shall be responsible for the exercise and performance of the powers and functions of the Bureau.

(2) In the exercise and performance of its powers and functions, the Council shall be subject to the control and direction of the Minister.

2. Composition of Council

(1) The Council shall consist of the following members—-

(a) a representative of or above the rank of Deputy Permanent Secretary, from each of the Ministries responsible for—

(i) industry;

(ii) finance;

(iii) planning;

(iv) health; and

(v) local government;

(b) a representative from each of the following organisations—

(i) the National Council for Scientific Research;

(ii) the School of Engineering of the University of Zambia;

(iii) the Engineering Institution of Zambia;

(iv) the Zambia Consumers Protective Association;

(v) the Zambia Confederation of Commerce and Industry;

(vi) the Zambia Association of Manufacturers;

(vii) the Zambia Federation of Employers; and

(viii) the Zambia Congress of Trade Unions; and

(2) The members referred to in sub-items (a ) and (b ) of sub-paragraph (1) shall be nominated by their respective Ministries or organisations, and shall be appointed in writing by the Minister.

3. Term of office and vacancy

(1) A member of the Council other than the Director shall, subject to this Act, hold office for a term of not more than three years.

(2) A member of the Council shall, if otherwise qualified, be eligible for re-appointment upon the expiry of his term of office.

(3) Upon the expiration of the term for which a member is appointed he shall continue to hold office until his successor has been appointed, but in no case shall any such extension of the term exceed three months.

(4) The office of a member shall be vacated—

(a) upon his death;

(b) if he is adjudged bankrupt;

(c) if he is absent, without the prior approval of the Council, from three consecutive meetings of the Council of which due notice was given to him;

(d) upon the expiry of one month’s notice of his intention to resign his office given by him in writing to the Minister;

(e) upon the expiry of one month’s notice of his removal given to him in writing by the Minister;

(f) if he becomes mentally or physically incapable of performing his duties as a member; or

(g) on ceasing to be a representative of the Ministry or organisation that nominated him.

(5) The Council may act notwithstanding any vacancy of office among its members.

4. Chairman and Vice-Chairman

(1) The Council shall from among its members elect a Chairman and a Vice-Chairman.

(2) The Chairman or Vice-Chairman ceases to hold office—

(a) on ceasing to hold office as a member of the Council;

(b) upon the expiry of one month’s notice of his intention to resign his office given by him in writing to the Council at a duly convened Council meeting; or

5. Business of the Council

(1) Subject to the other provisions of this Act, the Council may regulate its procedure.

(2) The Council shall meet as often as necessary or expedient for the conduct of its business, but at least once in every four months, and such meetings shall be held at such places, times and days as the Chairman may determine.

(3) The Chairman may at any time call a meeting of the Council and shall call a special meeting to be held within seven days of receipt of a written request for that purpose addressed to him by a least four members of the Council.

(4) There shall preside at any meeting of the Council—

(a ) the Chairman;

(b ) in the absence of the Chairman, the Vice-Chairman; or

(c ) in the absence of both the Chairman and Vice-Chairman, such member as the members present may elect for the purpose of the meeting.

(5) The decision of the Council shall be by a majority of votes and in the event of an equality of votes, the Chairman or other person presiding at the meeting, in addition to his deliberative vote, shall have a second or casting vote.

(6) The Council may invite any person whose presence is in its opinion desirable to attend and to participate in the deliberations of a meeting of the Council, but such a person shall have no vote.

(7) The Director shall be entitled to attend any meeting of the Council, subject to the right of the meeting to exclude him from its deliberations on any particular matter for reasons of a conflict of interest.

(8) The validity of any act, decision or proceedings of the Council shall not be affected by any defect in the appointment of any member or by reason of the fact that any person took part in its proceedings who was not entitled to do so.

(9) Eight members of the Council shall form a quorum at any meeting of the Council.

(10) Minutes of each meeting of the Council shall be kept and shall be confirmed as soon as practicable thereafter at a subsequent meeting.

6. Alternative members

(1) Where any member of the Council referred to in sub-item (a ) or (b ) of sub-paragraph (1) of paragraph two of this Schedule is for any reasonable cause unable to attend any meeting of the Council, the Ministry or organisation whose representative he is may in writing nominate another person to attend the meeting in his stead.

(2) A person so nominated shall, for the purposes of the meeting concerned, be deemed to be a member of the Council.

7. Allowances

A member of the Council or any committee thereof shall be entitled to such allowances as the Minister may determine in respect of him.

8. Disclosure of interest

(1) If any person is present at a meeting of the Council or any committee of the Council at which any matter is the subject of consideration and in which matter that person is directly or indirectly interested, he shall as soon as is practicable after the commencement of the meeting disclose the interest and shall not, unless the Council or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter.

(2) A disclosure of interest shall be recorded in the minutes of the meeting.

9. Committees

(1) The Council may for the purpose of performing its functions establish technical, advisory or other committees.

(2) The Council may appoint as members of any such committee persons who are or are not members of the Council and such persons shall hold office for such period as the Council may determine.

(3) Subject to any specific or general direction of the Council, a committee may regulate its own procedure.

10. The Director

(1) The Council shall, on such terms and conditions as it may determine, appoint a Director of the Bureau.

(2) The Director shall be the chief executive officer of the Bureau, and shall be responsible for the administration of the Bureau and for the implementation of decisions of the Council.

(3) The Director may, with the approval of the Council, establish such organisational structures for the Bureau as he may consider necessary for the proper performance of the functions of the Bureau.

11. The Deputy Director

The Council may appoint a Deputy Director of the Bureau whose functions shall be—

(a ) to assist the Director in the exercise and performance of his powers and functions; and

(b ) to exercise and perform the powers and functions of the Director whenever the office of Director is vacant or the Director is absent or is for any other cause unable to act.

12. Staff of the Bureau

The Council shall, on such terms and conditions as it may determine, appoint such other staff as may be necessary for the exercise and performance of the powers and functions of the Bureau.

13. Inspectors

(1) The Bureau shall under paragraph 12 appoint sufficient inspectors for the purposes of this Act.

(2) An inspector shall be provided with a certificate of appointment, which shall be prima facie evidence of his appointment.

14. Financial year

The financial year of the Bureau shall be the period of 12 months ending on 31st December in each year.

15. Accounts and audit

(1) The Bureau shall cause proper accounts to be kept of its assets and liabilities and of its income and expenditure for each financial year.

(2) The accounts of the Bureau for each financial year shall be audited by one or more persons who publicly carry on the profession of accountants in Zambia, and who shall be appointed by the Bureau with the approval of the Minister.

16. Annual report

(1) The Bureau shall, not later than six months after the end of each financial year of the Bureau, submit to the Minister a report of its activities, together with a copy of its audited accounts for that financial year.

(2) The Minister shall, not later than seven days after the first sitting of the National Assembly next after the receipt of such report, lay it before the National Assembly.

17. Seal of Bureau

(1) The seal of the Bureau shall be such device as may be determined by the Council.

(2) The Council may use a wafer or rubber stamp in-lieu of the seal.

(3) The affixing of the seal shall be authenticated by the Chairman or the Vice-Chairman together with two other persons authorised in that behalf by a resolution of the Council.

(4) Any contract or instrument which if entered into or executed by a natural person would not require to be under seal may be entered into or executed without seal on behalf of the Bureau by the Director or by any other person generally or specifically authorised by the Council in that behalf.

(5) Any document purporting to be a document executed under the seal of the Bureau or issued on behalf of the Bureau shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof unless the contrary is proved.

SECOND SCHEDULE

[Section 37]

SAVINGS AND TRANSITIONAL PROVISIONS

1. Interpretation

In this Schedule—

“the appointed day” means the day appointed under section 1;

“the former Bureau” means the Zambia Bureau of Standards established under the repealed Act;

“the repealed Act” means the Zambia Bureau of Standards Act, 1982.

2. Former members of Bureau to be members of Council for a time

A person who, immediately before the appointed day, held office as one of the members of the former Bureau referred to in any of paragraphs (b ) - (k ) of sub-section (1) of section 4 of the repealed Act shall hold office, subject to this Act, as members of the Council until replaced by persons appointed for the purposes of sub-items (a ) and (b ) of sub-paragraph (1) of paragraph two of the First Schedule to this Act.

3. Staff of former Bureau

Nothing in this Act affects the rights of any person employed by the Bureau immediately before the appointed day.

4. Standards

Any voluntary, compulsory or export standard in force immediately before the appointed day under the repealed Act shall be deemed to be a voluntary, compulsory or export standard declared and in force under this Act.

5. Certification marks

Any mark declared, under the repealed Act, to be a certification mark for any standard in force under that Act immediately before the appointed day shall be deemed to be a mark of conformity for the purposes of this Act with respect to the same standard.

6. Authorities

Any authority granted by the former Bureau under section 21 or 22 of the repealed Act and in force immediately before the appointed day shall be deemed to be an authority granted for like purposes, and on the same terms and conditions, under section 12 of this Act.

7. References

In any Act or statutory instrument or other document, a reference to the repealed Act or any provision thereof shall be read and construed as a reference to this Act or the corresponding provision thereof, except to the extent that the contrary intention appears.

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