CHAPTER 6 - NATIONAL FLAG AND ARMORIAL ENSIGNS ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
NATIONAL FLAG AND ARMORIAL ENSIGNS REGULATIONS, 2011
NATIONAL FLAG AND ARMORIAL ENSIGNS REGULATIONS, 2011
[Section 6]
Arrangement of Regulations
PART I
PRELIMINARY
Regulation
1. Title
2. Interpretation
PART II
NATIONAL FLAG AND ARMORIAL ENSIGNS
3. Prohibition of flying National Flag without licence
4. National Flag to be flown on certain occasions
5. Manner of flying and maintaining National Flag
6. National Flag to be flown during day time
7. Prohibition of display, use, etc., of Armorial Ensigns without licence
PART III
LICENSING
8. Application for licence
9. Cancellation of licence
PART IV
GENERAL PROVISIONS
10. Fees
11. General penalty
12. Revocation of S.I. No. 270 of 1965
SI 69 OF 2011.
PART I
PRELIMINARY
These Regulations may be cited as the National Flag and Armorial Ensigns Regulations, 2011.
In these Regulations, unless the context otherwise requires–
“Armorial Ensigns” means the heraldic device declared as the Armorial Ensigns of Zambia under sub-section (3) of section 2 of the Act;
“licence” means the licence issued by the Minister under Regulation 8;
“Local authority” means a district, municipal or city council established under the Local Government Act; and
“National Flag” means the flag declared as such under sub-section (1) of section 2 of the Act.
PART II
NATIONAL FLAG AND ARMORIAL ENSIGNS
3. Prohibition of flying national flag without licence
(1) Subject to these Regulations, a person shall not use for any purpose whatsoever or fly the National Flag without a licence.
(2) Notwithstanding sub-regulation (1), the National Flag may be flown–
(a) at buildings or premises owned or occupied by the Government;
(b) at buildings or premises owned or occupied by local authorities;
(c) at buildings or premises owned or occupied by any statutory body or corporation;
(d) at public or aided educational institutions; and
(e) on any motor vehicle, boat or ship in or by which a Minister is travelling.
(3) A person may use the National Flag for any Government purpose.
4. National flag to be flown on certain occasions
Subject to regulations 5 and 6, the national flag may be flown by any person–
(a) on the following public holidays–
(i) Africa Freedom Day;
(ii) Heroes Day;
(iii) Unity Day; and
(iv) Independence Day; and
(b) on such other day or occasion as the Minister may declare for that purpose.
5. Manner of flying and maintaining National Flag
(1) The National Flag shall be flown with due respect, and when flown with other flags, it shall be in a more prominent position than the other flags.
(2) The National Flag shall be kept clean and shall be maintained in a reasonable state of repair.
6. National Flag to be flown during day time
The National Flag shall be flown only between the hours of sunrise to sunset.
{mprestriction ids="2,3,5"}
7. Prohibition of display, use, etc., of Armorial Ensigns without licence
(1) Subject to sub-regulations (2) and (3), a person shall not use for any purpose whatsoever, reproduce or display the design or any part of the design of the Armorial Ensigns without a licence.
(2) A person may use or reproduce the design or any part of the design of the Armorial Ensigns for Government purposes.
(3) A person may display the Armorial Ensigns on Government buildings.
PART III
LICENSING
(1) A person who wishes to use or fly the National Flag, or use, reproduce or display the Armorial Ensigns shall apply to the Minister for a licence in Form I set out in the First Schedule.
(2) The Minister may request for further or additional information in relation to an application for a licence in Form II set out in the First Schedule.
(3) The Minister shall, where an application for a licence meets the requirements of these Regulations, grant the applicant a licence in Form III set out in the First Schedule.
(4) The Minister shall, where the Minister rejects an application for a licence, inform the applicant of the rejection in Form IV set out in the First Schedule.
(1) The Minister may cancel a licence if the holder–
(a) obtained the licence by fraud or deliberate or negligent submission of any false information or statement;
(b) upon being requested by the Minister to provide additional information, fails to do so within the specified period; or
(c) contravenes the Act, these Regulations or any terms and conditions of the licence.
(2) The Minister shall, where the Minister cancels a licence, inform the holder of the cancellation in Form V set out in the First Schedule.
PART IV
GENERAL PROVISIONS
The fees prescribed in the Second Schedule shall be payable in respect of the matters stated therein.
A person who contravenes any provision of these Regulations commits an offence and is liable, upon conviction–
(a) in the case of a first offence, to a fine not exceeding 2,00,000 penalty units or to imprisonment for a period not exceeding two years, or to both; and
(b) in the case of a continuing offence, to an additional penalty not exceeding 500 penalty units in respect of each day during which the offence continues.
12. Revocation of S.I. No. 270 of 1965
The National Flag and Armorial Ensigns Regulations, 1965, are hereby revoked.
[Regulations 8(1), 8(2), 8(3), 8(4) and 9(2)]
FORM 1
[Regulation 8(1)]
[To be completed in triplicate]
PRESCRIBED FORMS
REPUBLIC OF ZAMBIA
NATIONAL FLAG AND ARMORIAL ENSIGNS ACT
The National Flag and Armorial Ensigns Regulations Act, 2011
APPLICATION FOR LICENCE TO ( ) USE/FLY NATIONAL FLAG ( ) USE/REPRODUCE/DISPLAY ARMORIAL ENSIGNS
(tick as appropriate)
Shaded fields for official use only
Licence Code
Date/Time
Information Required
Information Provided
1. (a) Name(s) of applicant(s)
2. (a) Nationality
(b) Identity card-
- National Registration
- Card No.
- Passport No.
(Attach certified copies)
3. Notification address
Tel:
Fax
E-mail
4. Goods for which National flag is to be used
Location
5. Business, trade, calling or profession for which Armorial Ensigns is to be used/reproduced/displayed
Licence No.
Location
6. Licences previously held by the applicant under the National Flag and Armorial Ensigns Act, Cap. 6 or similar legislation outside Zambia.
Location
7. Licences currently held by applicant in Zambia, if any, under the National Flag and Armorial Ensigns Act, Cap. 6
Licence No.
Location
8. Have you ever been convicted of an offence involving fraud or dishonesty or of any offence under the National Flag and Armorial Ensigns Act or any other law within or outside Zambia?
If yes, specify details:………………………………………………………………….
Nature of offence:……………………………………………………………………..
Date of conviction:…………………………………………………………………….
Sentence:………………………………………………………………………………
9.Have you ever applied for a licence under the National Flag and Armorial Ensigns Act?
If yes, please give details below:
Licence applied for
Goods/Service/ Business/Trade/ Calling/Profession
Location
Date of application
Status of application (Granted, rejected or pending)*
*If application was rejected, give reasons for rejection:
…………………………………………. …………………………………….
Applicant’s name Date
…………………………………………
Applicant’s signature
FOR OFFICIAL USE ONLY
Received by:_______________________________ RECEIPT No.
Date Received______________________________
Amount Received___________________________ STAMP
Serial No. of applicant________________________
FORM 2
[Regulation 8(2)]
REPUBLIC OF ZAMBIA
NATIONAL FLAG AND ARMORIAL ENSIGNS ACT
The National Flag and Armorial Ensigns Regulations, 2011
REQUEST FOR FURTHER PARTICULARS
To: (1) ……………………………………………………………………............................................................................................................................................................................................................................................................................... (1) Here insert the full names and address of applicant ................................ In the matter of (2) ……………………………………. you are herebyrequested to furnish the following information or documents in respect of your application for: .....…………………………………………….....……. (2) Here insert the reference No. of the application/type of application .................. (3)……………………………. Minister (3) Signature of Minister FORM 3 [Regulation 8(3)] REPUBLIC OF ZAMBIA NATIONAL FLAG AND ARMORIAL ENSIGNS ACT The National Flag and Armorial Ensigns Regulations, 2011 Licence No. ………………… LICENCE Holder’s name: ……………………………………………………………………………... Address: ……………………………………………………………………………………. Goods: ……………………………………………………………………………………… Business/Trade/Calling/Profession: ……………………………………………………....... ……………………………………………………………………………………………… This Licence is granted for a period of ……………………………. commencing on the …………………………………………… day of ………………… 20 … The conditions of grant of the licence are as shown in the Annexures attached hereto. Issued at ………………………… this ………….. day of…………………………………… 20 ... …………………………………………. Minister FORM 4 [Regulation 8(4)] REPUBLIC OF ZAMBIA NATIONAL FLAG AND ARMORIAL ENSIGNS ACT The National Flag and Armorial Ensigns Regulations, 2011 NOTICE OF REJECTION OF APPLICATION
Dated this ………… day of …………………………… 20 .. ………………………………… Minister FORM 5 [Regulation 9(2)] REPUBLIC OF ZAMBIA NATIONAL FLAG AND ARMORIAL ENSIGNS ACT The National Flag and Armorial Ensigns Regulations Act, 2011 NOTICE OF CANCELLATION OF LICENCE
[Regulation 10] PRESCRIBED FEES
| |||||||||||