CHAPTER 290 - MARKETS AND BUS STATIONS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Markets and Bus Stations Act (Commencement) Order

National Markets and Bus Stations Development Fund Regulations

National Markets and Bus Stations Development Fund Regulations

MARKETS AND BUS STATIONS ACT (COMMENCEMENT) ORDER

[Section 1]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Commencement of Act No. 7 of 2007

SI 83 of 2007.

1.   Title

This Order may be cited as the Markets and Bus Stations Act (Commencement) Order, 2007.

2.   Commencement of Act No. 7 of 2007

The Markets and Bus Stations Act, 2007 shall come into operation on the date of publication of this Order.

NATIONAL MARKETS AND BUS STATIONS DEVELOPMENT FUND REGULATIONS

[Section 32]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY PROVISIONS

   1.   Title

   2.   Interpretation

PART II
THE NATIONAL MARKET AND BUS STATION DEVELOPMENT FUND

   3.   Establishment of National Markets and Bus Stations Development Fund

   4.   Purpose of application for fund by local authority or management board

   5.   Accounts and audit

   6.   Fund account

   7.   Disbursement from Fund

PART III
ADMINISTRATION OF FUND

   8.   Establishment of the Markets and Bus Stations Committee

   9.   Tenure of office and vacancy

   10.   Filling of casual vacancy

   11.   Proceedings of Committee

   12.   Sub-committees

   13.   Disclosure of interest

   14.   Prohibition of publication or disclosure of information to unauthorised person

   15.   Immunity

PART IV
APPLICATION FOR MARKET OR BUS STATION FUND

   16.   Application for Market and Bus Station Fund

   17.   Determination of application

   18.   Decision by Committee

   19.   Variation of funds

   20.   Progress report

   21.   Monitoring and evaluation

PART V
GENERAL PROVISIONS

   22.   Annual report

      SCHEDULE

SI 77 of 2017.

PART I
PRELIMINARY PROVISIONS

1.   Title

These Regulations may be cited as the National Markets and Bus Stations Development Fund Regulations, 2017.

2.   Interpretation

In these Regulations, unless the context otherwise requires-

"associate"  has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"bus station"  has the meaning assigned to the word in the Act;

"Committee"  means the Markets and Bus Stations Committee established under regulation 8;

"development project"  includes any proposal, scheme or design of a project intended for the improvement of an existing market, bus station or new bus station;

"Fund"  means the National Market and Bus Station Development Fund established under regulation 3;

"local authority"  has the meaning assigned to the word in the Act;

"management board"  has the meaning assigned to the word in the Act;

"market"  has the meaning assigned to the word in the Act;

"Principle Infrastructure Development Officer"  means a person appointed as such under regulation 8;

"relative"  has the meaning assigned to the word in the Anti-Corruption Act; and

"stallage"  means the rental, taxation or fees charged for the holding of a stall in a market.

PART II
THE NATIONAL MARKET AND BUS STATION DEVELOPMENT FUND

3.   Establishment of National Markets and Bus Stations Development Fund

   (1) There is established the National Markets and Bus Stations Development Fund.

   (2) The Fund shall consist of-

   (a)   such monies as may be appropriated by Parliament for the purpose of the Markets and Bus Stations Development Fund;

   (b)   the proportion of 30 per centum applied to the markets and bus stations licenses, charges, fees, stallages and levies for the purpose of operating in a market, bus station or market street; and

   (c)   such monies as may be paid to the Fund by way of loans, grants or donations.

4.   Purpose of application for fund by local authority or management board

A local authority or management board may apply for funds for the purposes of-

   (a)   construction, maintenance and rehabilitation of markets and bus stations projects;

   (b)   capacity building in management of markets and bus stations; and

   (c)   other activities related to markets and bus stations as approved by the Minister.

5.   Accounts and audit

   (1) The Committee shall ensure that prudent controls are established for the Fund relating to-

   (a)   fiscal controls and accounting procedures governing the Fund; and

   (b)   reporting procedures for matters relating to the Fund.

   (2) The Committee shall cause to be kept proper books of accounts and other records relating to the accounts of the Fund.

   (3) The Fund shall be audited annually by the Auditor-General.

   (4) The Auditor-General's fees shall be paid by the Ministry responsible for local government.

6.   Fund account

The Committee shall open and operate an account for purposes of the Fund at such commercial bank as the Committee may determine, in which the money received for the purposes of the Fund shall be deposited and kept.

7.   Disbursement from Fund

   (1) Where the Committee approves the funding of a project, there shall be paid from the Fund-

   (a)   the amount of claims on a contract entered into between a local authority or management board; and

   (b)   any other expenses incurred in relation to the execution of the contract.

   (2) The total amount of monies payable out of the Fund under these Regulations to a local authority or management board shall not exceed an amount lawfully adjudged to be due to the local authority or management board for the purpose of a project.

PART III
ADMINISTRATION OF FUND

8.   Establishment of the Markets and Bus Stations Committee

   (1) There is established a Markets and Bus Stations Committee which is responsible for administration of the Fund.

   (2) The Committee consists the following part-time members appointed by the Minister-

   (a)   the Permanent Secretary, as Chairperson;

   (b)   the Director responsible for Housing and Infrastructure Department, as Vice-Chairperson;

   (c)   The Director responsible for Local Government Administration;

   (d)   Chief Accountant for the Ministry responsible for Local Government;

   (e)   the representative for the Ministry responsible for Finance;

   (f)   the representative of the Attorney-General;

   (g)   the representative of the Local Authorities appointed;

   (h)   the representative from the Ministry responsible for Transport;

   (i)   the representative of the Zambia Chamber of Commerce and Industry; and

   (j)   the Principle Infrastructure Development Officer as Secretary.

   (3) The functions of the Committee are to-

   (a)   administer and manage the Fund;

   (b)   mobilise resources both locally and externally;

   (c)   prepare and publish audited annual accounts of the Fund;

   (d)   recommend to the Minister on Markets and Bus Stations levies and other user licences, fees and charges, stallages and tariffs as required;

   (e)   allocate resources for the construction, maintenance and rehabilitation of markets and bus stations based on a percentage of the annual work programme of the markets and bus stations;

   (f)   in consultation with the Markets and Bus Stations Unit, recommend funding for development of new markets and bus stations; and

   (g)   undertake such other activities as are connected with or incidental to its functions under the Act.

9.   Tenure of office and vacancy

   (1) Subject to the other provisions of these Regulations, a member of the Committee, other than the members referred to in regulation 8(2)(a) to (d), shall hold office for a term of three years from the date of appointment and may be reappointed for a further term of three years.

   (2) A member shall, on the expiration of the period for which the member is appointed, continue to hold office until a successor is appointed, but in no case shall the further period exceed four months.

   (3) The office of a member becomes vacant-

   (a)   on the member's death;

   (b)   if the member is adjudged bankrupt;

   (c)   if the member is absent, without reasonable excuse, from three consecutive meetings of the Committee of which the member had notice, without the prior approval of the Chairperson;

   (d)   upon the expiry of one month's notice of the member, in writing, to the Minister;

   (e)   if the member becomes mentally incapable of performing duties as a member; or

   (f)   if the member is convicted of an offence under these Regulations or any other law and sentenced to imprisonment for a period exceeding six months without the option of a fine.

10.   Filling of casual vacancy

The Minister may, where the office of a member becomes vacant before the expiry of the term of office, appoint another member in place of the member who vacates office, but that member shall hold office for the unexpired part of the term.

11.   Proceedings of Committee

   (1) Subject to the other provisions of these Regulations, the Committee may regulate its own procedure.

   (2) The Agency shall meet for the transaction of business at least once every three months at such places and times as the Chairperson may determine.

   (3) The Chairperson may, upon giving notice of not less than 14 days, call a meeting of the Committee and shall call a special meeting to be held within 14 days of receipt of a written request to the Chairperson by at least five members of the Committee.

   (4) If the urgency of any particular matter does not permit the giving of such notice as is required under subsection (3), a special meeting may be called by the Chairperson, upon giving a shorter notice.

   (5) Five members of the Committee, other than the ex officio members, shall form a quorum at any meeting of the Committee.

   (6) There shall preside at any meeting of the Committee-

   (a)   the Chairperson;

   (b)   in the absence of the Chairperson the Vice Chairperson; or

   (c)   in the absence of both the Chairperson and the Vice Chairperson, the Director responsible for local government administration.

   (7) A decision of the Committee on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote.

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

   (9) The validity of any proceedings, act or decision of the Committee shall not be affected by any vacancy in the membership of the Committee or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.

12.   Sub-committees

   (1) The Committee may, for the purpose of performing its functions under these Regulations, establish such sub-committees as it considers necessary and delegate to any of those sub-committees such of its functions as it considers fit.

   (2) The Committee may appoint as members of a sub-committee persons who are or are not members, except that at least one member shall be a member of the Committee.

   (3) A person serving as a member of a sub-committee shall hold office for such period as the Committee may determine.

   (4) Subject to any specific or general direction of the Committee, a sub-committee may regulate its own procedure.

   (5) A sub-committee shall keep minutes of its meetings and shall keep the Committee informed of its activities.

   (6) Meetings of a sub-committee shall be held at such times as the Committee may determine or direct.

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13.   Disclosure of interest

   (1) A person who is present at a meeting of the Committee or any sub-committee 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 such interest and shall not, unless the Committee or the sub-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 subsection (1) shall be recorded in the minutes of the meeting at which it is made.

14.   Prohibition of publication or disclosure of information to unauthorised person

A person shall not, without the consent, in writing, given by or on behalf of the Committee, publish or disclose to an unauthorised person, otherwise than in the course of duties of that person, the contents of a document, communication or information whatsoever, which relates to or which has come to the knowledge of that person in the course of that person's duties under these Regulations.

15.   Immunity

An action or other proceeding shall not lie or be instituted against a member of the Committee or a member of a sub-committee 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 these Regulations.

PART IV
APPLICATION FOR MARKET OR BUS STATION FUND

16.   Application for Market or Bus Station Fund

   (1) A local authority that intends to embark on a development project in relation to a market or bus station may apply to the Permanent Secretary for funding in Form I set out in the Schedule.

   (2) A management board that intends to embark on a development project in relation to a market or bus station may apply to the Permanent Secretary for funding in Form I set out in the Schedule except that the Management Board shall not apply to the fund for the construction of a new market.

17.   Determination of application

   (1) The Committee shall within 30 days of receipt of application in regulation 14 grant the application in Form II set out in the Schedule.

   (2) The Committee shall, in deciding whether to grant or reject the application, consider if-

   (a)   the proposed development is feasible or acceptable;

   (b)   the proposed development requires amendments; and

   (c)   the proposed development justifies funds being requested.

   (3) Where the proposed development does not meet the requirements under sub-regulation (2), the Committee shall reject the application and notify the applicant giving reasons for the rejection in Form III set out in the Schedule.

18.   Decision by Committee

The Secretary shall within 14 days of the decision by the Committee, inform the applicant in writing, of the decision.

19.   Variation of funds

   (1) Where the costs of a project exceed the amount approved by the Committee, a local authority or management board may apply to the Principal Infrastructure Development Officer for variation of the amount in Form IV set out in the Schedule.

   (2) The Committee shall within 30 days of receipt of an application under sub-regulation (1), grant the application in Form V set out in the Schedule.

   (3) The Committee shall, in deciding whether to grant or reject the application, consider if not doing so-

   (a)   would affect the functionality of the development; and

   (b)   would compromise the health and safety aspect of the development.

   (4) Where the proposed variation does not meet the requirements under sub-regulation (3), the Committee shall reject the application and notify the applicant giving reasons for the rejection in Form VI set out in the Schedule.

20.   Progress report

A local authority or management board to which the funds are awarded shall every month and at the end of implementation of the development present a progress report to the ministry concerning the project.

21.   Monitoring and evaluation

The Markets and Bus Stations Unit shall be responsible for the monitoring and evaluation of all approved projects and the use of the monies of the Fund.

PART V
GENERAL PROVISIONS

22.   Annual report

   (1) The Committee shall, but not later than 90 days after the end of the financial year, submit to the Minister a report concerning its activities during the financial year.

   (2) The report referred to in sub-regulation (1) shall include information on the financial affairs of the Fund and there shall be appended to the report-

   (a)   an audited statement of financial position;

   (b)   an audited statement of comprehensive income; and

   (c)   such other information as the Minister may require.

   (3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in sub-regulation (1), lay the report before the National Assembly.

SCHEDULE

Form I

[Regulations 16(1) and (2)]

(To be completed in triplicate)

Form II

[Regulation 17(1)]

Form III

[Regulation 17(3)]

Form IV

[Regulation 19(1)]

(To be completed in triplicate)

Form V

[Regulation 19(2)]

Form VI

[Regulations 19(4)]

NATIONAL MARKETS AND BUS STATIONS DEVELOPMENT FUND REGULATIONS

[Section 32]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY PROVISIONS

   1.   Title

   2.   Interpretation

PART II
THE NATIONAL MARKET AND BUS STATION DEVELOPMENT FUND

   3.   Establishment of National Markets and Bus Stations Development Fund

   4.   Purpose of money from Fund

   5.   Accounts and audit

   6.   Fund account

   7.   Disbursements from Fund

PART III
ADMINISTRATION OF FUND

   8.   Establishment of Markets and Bus Stations Committee

   9.   Functions of Committee

   10.   Tenure of office and vacancy

   11.   Filling of casual vacancy

   12.   Proceedings of Committee

   13.   Sub-committees

   14.   Allowances

   15.   Disclosure of interest

   16.   Prohibition of publication or disclosure of information to unauthorised person

PART IV
APPLICATION FOR MARKET OR BUS STATION FUNDS

   17.   Application for Market or Bus Station Fund

   18.   Determination of application

   19.   Decision by Committee

   20.   Variation of funds

   21.   Progress report

   22.   Monitoring and evaluation

PART V
GENERAL PROVISIONS

   23.   Annual report

      SCHEDULE

SI 64 of 2020.

PART I
PRELIMINARY PROVISIONS

1.   Title

These Regulations may be cited as the National Markets and Bus Stations Development Fund Regulations, 2020.

2.   Interpretation

In these Regulations, unless the context otherwise requires-

"associate"  has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"bus station"  has the meaning assigned to the words in the Act;

"Committee"  means the Market and Bus Station Committee established under regulation 8;

"development project"  includes any proposal, scheme or design of a project intended for the improvement of an existing market, bus station, new market or new bus station;

"Emoluments Commission"  means the Emoluments Commission established under the Constitution;

"Fund"  means the National Market and Bus Station Development Fund established under regulation 3;

"legally disqualified"  means the absence of legal capacity as provided in section 4 of the Mental Health Act, 2019;

"local authority"  has the meaning assigned to the words in the Constitution;

"management board"  has the meaning assigned to the words in the Act;

"market"  has the meaning assigned to the word in the Act;

"Principal Infrastructure Development Officer"  means a person appointed as a Principal Infrastructure Development Officer under regulation 8;

"relative"  has the meaning assigned to the word in the Anti-Corruption Act, 2012; and

"stallage"  means the rental, taxation or fees charged for the holding of a stall in a market.

PART II
THE NATIONAL MARKET AND BUS STATION DEVELOPMENT FUND

3.   Establishment of National Markets and Bus Stations Development Fund

   (1) There is established the National Market and Bus Station Development Fund.

   (2) The Fund consists of-

   (a)   monies that may be appropriated by Parliament;

   (b)   the proportion of 30 per centum applied to the markets and bus stations licences, charges, fees, stallages and levies for the purpose of operating in a market, bus station or market street; and

   (c)   monies that may be paid to the Fund by way of loans, grants or donations.

4.   Purpose of money from Fund

A local authority or management board may apply for money from the Fund to-

   (a)   construct, maintain and rehabilitate a market and bus station;

   (b)   build capacity in management of market and bus stations; and

   (c)   undertake other activities related to a market and bus station as approved by the Minister.

5.   Accounts and audit

   (1) The Committee shall ensure that prudent controls are established for the Fund relating to-

   (a)   fiscal controls and accounting procedures governing the Fund; and

   (b)   reporting procedures for matters relating to the Fund.

   (2) The Committee shall cause to be kept proper books of accounts and other records relating to the accounts of the Fund.

   (3) The Auditor-General or an auditor appointed by the Auditor-General shall audit the accounts of the Fund.

   (4) The ministry responsible for local government shall pay the fees for an audit of the Fund's accounts.

6.   Fund account

The Committee shall open and operate an account for purposes of the Fund at a commercial bank that the Committee may determine, in which the money received for the purposes of the Fund shall be deposited and kept.

7.   Disbursements from Fund

   (1) Where the Committee approves the funding of a project, there shall be paid from the Fund-

   (a)   the amount of claims on a contract entered into between a local authority or management board; and

   (b)   any other expenses incurred in relation to the execution of the contract.

   (2) The total amount of monies payable out of the Fund under these Regulations to a local authority or management board shall not exceed an amount approved to be due to the local authority or management board for the purpose of a project.

PART III
ADMINISTRATION OF FUND

8.   Establishment of Markets and Bus Stations Committee

   (1) There is established a Markets and Bus Stations Committee which consists of the following part-time members appointed by the Minister-

   (a)   the Permanent Secretary in the ministry responsible for local government, as Chairperson;

   (b)   a representative of the Attorney-General;

   (c)   the Director responsible for housing and infrastructure department in the ministry responsible for local government, as Vice-Chairperson;

   (d)   the Director responsible for local government administration;

   (e)   the Director of Finance in the ministry responsible for local government;

   (f)   a representative of the ministry responsible for finance;

   (g)   a representative of the Local Authorities;

   (h)   a representative from the ministry responsible for transport;

   (i)   a representative of the Zambia Chamber of Commerce and Industry; and

   (j)   the principal officer responsible for infrastructure development, as ex-officio member.

   (2) The ministries, institution or organisations referred to in sub-regulation (1), shall nominate their representatives for appointment by the Minister.

   (3) The Directorate responsible for planning and information shall be the secretariat.

9.   Functions of Committee

   (1) The Committee is responsible for the administration of the Fund.

   (2) Despite sub-regulation (1), the Committee shall-

   (a)   mobilise resources for the Fund;

   (b)   prepare and publish audited annual accounts of the Fund;

   (c)   recommend to the Minister on market and bus station levies and other user licences, fees and charges, stallages and tariffs as required;

   (d)   allocate resources for the construction, maintenance and rehabilitation of a market and bus station based on a percentage of the annual work programme of the market and bus station;

   (e)   in consultation with the Markets and Bus Stations Unit, recommend funding for development of new markets and bus stations; and

   (f)   undertake other activities as are connected with or incidental to its functions under these Regulations.

10.   Tenure of office and vacancy

   (1) Subject to the other provisions of these Regulations, a member of the Committee, other than the members referred to under regulation 8(1)(a) to (d), shall hold office for a term of three years from the date of appointment and may be re-appointed for a further term of three years.

   (2) A member shall, on the expiration of the period for which the member is appointed, continue to hold office until a successor is appointed, but in no case shall the further period exceed four months.

   (3) A member may resign on giving one month's notice, in writing, to the Minister.

   (4) The office of a member becomes vacant-

   (a)   on the member's death;

   (b)   if the member is adjudged bankrupt;

   (c)   if the member is absent, without reasonable excuse, from three consecutive meetings of the Committee of which the member had notice, without the prior approval of the Chairperson;

   (d)   cease to hold the office by virtue of which the member was appointed;

   (e)   ceases to be a representative, or holder of an office in or member, of the institution which nominated the member;

   (f)   if the member becomes legally disqualified; or

   (g)   if the member is convicted of an offence under these Regulations or any other law and sentenced to imprisonment for a period exceeding six months without the option of a fine.

11.   Filling of casual vacancy

The Minister may, where the office of a member becomes vacant before the expiry of the term of office, appoint another member in place of the member who vacates office, but that member shall hold office for the unexpired part of the term.

12.   Proceedings of Committee

   (1) Subject to the other provisions of these Regulations, the Committee may regulate its own procedure.

   (2) The Committee shall meet for the transaction of business at least once every three months at a place and time that the Chairperson may determine.

   (3) The Chairperson may, on giving notice of not less than fourteen days, call a meeting of the Committee and a special meeting within seven days of receipt of a written request to the Chairperson by not less than five members of the Committee.

   (4) If the urgency of any particular matter does not permit the giving of a notice under sub-regulation (3), a special meeting may be called by the Chairperson, on giving a shorter notice.

   (5) Five members of the Committee, other than the ex-officio member, shall form a quorum at a meeting of the Committee.

   (6) There shall preside at a meeting of the Committee-

   (a)   the Chairperson;

   (b)   in the absence of the Chairperson, the Vice Chairperson; or

   (c)   in the absence of both the Chairperson and the Vice Chairperson, the Director responsible for local government administration in the ministry responsible for local government.

   (7) A decision of the Committee on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote.

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

   (9) The validity of any proceedings, act or decision of the Committee shall not be affected by any vacancy in the membership of the Committee or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.

13.   Sub-committees

   (1) The Committee may, for the purpose of performing its functions under these Regulations, establish sub-committees that it considers necessary and delegate to the sub-committees such of its functions as it considers appropriate.

   (2) The Committee may appoint as members of a sub-committee persons who are or are not members of the Committee, except that at least one member of a subcommittee shall be a member of the Committee.

   (3) A person serving as a member of a sub-committee shall hold office for a period that the Committee may determine.

   (4) Subject to any specific or general direction of the Committee, a sub-committee may regulate its own procedure.

   (5) A sub-committee shall keep minutes of its meetings and keep the Committee informed of its activities.

   (6) Meetings of a sub-committee shall be held at a time that the Committee may determine.

14.   Allowances

The members of the Committee or sub-committee shall be paid allowances that the Minister may determine with the approval of the Emoluments Commission.

15.   Disclosure of interest

   (1) A person who is present at a meeting of the Committee or sub-committee 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 Committee or the sub-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 sub-regulation (1) shall be recorded in the minutes of the meeting at which it is made.

16.   Prohibition of publication or disclosure of information to unauthorised person

   (1) A person shall not, without the consent in writing given by, or on behalf of, a provincial or a regional planning authority, publish or disclose to any other person, otherwise than in the course of that person's duties, the contents of any document, communication, or information whatsoever, 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 sub-regulation (1) commits an offence and is liable, on conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

   (3) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of sub-regulation (1), unlawfully publishes or communicates the information to any other person, commits an offence and is liable, on conviction to a fine not exceeding two hundred thousand penalty units, or to imprisonment for a period not exceeding two years, or to both.

PART IV
APPLICATION FOR MARKET OR BUS STATION FUNDS

17.   Application for Market or Bus Station Fund

A local authority or management board that intends to embark on a development project in relation to a market or bus station shall apply to the Permanent Secretary for funding in Form I set out in the Schedule, except that the management board shall not apply to the fund for the construction of a new market.

18.   Determination of application

   (1) The Committee shall, within 60 days of receipt of an application under regulation 16, consider and determine the application.

   (2) The Committee shall, in deciding whether to grant or reject the application, consider if-

   (a)   the proposed development is feasible or acceptable;

   (b)   the proposed development requires amendments; or

   (c)   the proposed development justifies funds being requested.

   (3) The Committee shall grant approval of the application under section 16 in Form II set out in the Schedule.

   (4) Where the proposed development does not meet the requirements under sub-regulation (2), the Committee shall reject the application and notify the applicant, giving reasons for the rejection in Form III set out in the Schedule.

19.   Decision by Committee

The Secretary shall within 14 days of the decision by the Committee, inform the applicant in writing, stating the reasons for the decision.

20.   Variation of funds

   (1) A local authority or management board may, where the cost of a project exceeds the amount approved by the Committee, apply to the Permanent Secretary for variation of the amount in Form IV set out in the Schedule.

   (2) The Committee shall within 60 days of receipt of an application under sub-regulation (1), consider and determine the application.

   (3) The Committee shall, in deciding whether to grant or reject the application, consider if the application-

   (a)   would affect the functionality of the development; or

   (b)   would compromise the health and safety aspect of the development.

   (4) The Committee shall grant approval of the variation of funds in Form V set out in the Schedule.

   (5) Where the proposed variation does not meet the requirements under sub-regulation (3), the Committee shall reject the application and notify the applicant in Form V set out in the Schedule.

21.   Progress report

A local authority or management board to which the funds are awarded shall, every month and at the end of implementation of the development, present a progress report to the Ministry concerning the project.

22.   Monitoring and evaluation

The Ministry shall be responsible for the monitoring and evaluation of the approved project and the use of the monies of the Fund.

PART V
GENERAL PROVISIONS

23.   Annual report

   (1) The Committee shall, but not later than 90 days after the end of the financial year, submit to the Minister a report concerning Fund activities during the financial year.

   (2) The report referred to in sub-regulation (1) shall include information on the financial affairs of the Fund and there shall be appended to the report-

   (a)   an audited statement of financial position;

   (b)   an audited statement of comprehensive income, and

   (c)   other information that the Minister may require.

   (3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in sub-regulation (1), lay the report before the National Assembly.

SCHEDULE

[Regulations 17, 18 and 20]

Form I

[Regulation 17]

(To be completed in triplicate)

Form II

[Regulation 18(3)]

Form III

[Regulation 18(4)]

Form IV

[Regulation 20(1)]

(To be completed in triplicate)

Form V

[Regulation 20(4) and (5)]

{/mprestriction}