URBAN AND REGIONAL PLANNERS

ARRANGEMENT OF SECTION

PART I
PRELIMINARY

Section

   1.   Short title

   2.   Interpretation

PART II
THE ZAMBIA INSTITUTE OF PLANNERS

   3.   Establishment of Institute

   4.   Functions of Institute

   5.   Constitution of Institute

   6.   President and Vice-President of Institute

   7.   Meetings of Institute

PART III
THE COUNCIL OF THE INSTITUTE

   8.   Constitution of Council

   9.   Functions of Council

   10.   Registrar

   11.   Inspectors

PART IV
REGISTRATION OF PLANNERS AND PLANNING FIRMS

   12.   Classes of membership

   13.   Prohibition of person practising without registration

   14.   Application for registration

   15.   Registration of planners

   16.   Prohibition of planning firm practising without registration

   17.   Application for registration of planning firm

   18.   Titles for registered planner

   19.   Disqualification from registration

   20.   Registration of students of planning

   21.   Changes in detail

   22.   Cancellation of registration

   23.   Prohibition of practise without practicing certificate

   24.   Application for practising certificate

   25.   Display of practising certificate

   26.   Fees for planning works

   27.   Renewal of practising certificate

   28.   Cancellation of practising certificate

   29.   Regulations relating to practising certificate

   30.   Conditions of certificate

   31.   Prohibition of transfer of certificate

PART V
PROFESSIONAL CONDUCT

   32.   Re-registration

   33.   Duplicate certificate of registration

   34.   Certificate of status

   35.   Register

   36.   Removal and restoration of name on register

   37.   Publication of copies of register

   38.   Appeals

   39.   Holding out as planner or planning firm

   40.   Enforcement notice

   41.   Offences regarding registered planners or planning firms

   42.   Recognition of foreign qualification and institutions

PART VI
DISCIPLINARY COMMITTEE

   43.   Code of Ethics

   44.   Professional misconduct

   45.   Initiation of disciplinary action

   46.   Disciplinary Committee

   47.   Functions of Disciplinary Committee

   48.   Proceedings of Disciplinary Committee

   49.   Powers of Disciplinary Committee

   50.   Reports by Disciplinary Committee

   51.   Appeals to High Court

   52.   Rules by Chief Justice

   53.   Rules relating to disciplinary proceedings

   54.   Jurisdiction over acts committed outside Zambia

   55.   Presumption of non-registration

PART VII
GENERAL PROVISIONS

   56.   No execution on property of Institute

   57.   General penalty

   58.   Offences by body corporate or unincorporated body

   59.   Authority to issue guidelines

   60.   Regulations

      SCHEDULE

Act 4 of 2011.

AN ACT to establish the Zambia Institute of Planners and provide for its functions; provide for the registration of planners and planning firms and regulate their professional conduct; and provide for matter connected with, or incidental to, the foregoing.

[15th April, 2011]

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Urban and Regional Planners Act, 2010.

2.   Interpretation

In this Act, unless the context otherwise requires—

“allied profession” means a profession in architecture, land management, natural resources management, geography or sociology;

“certificate of registration” means the certificate of registration issued under section 15;

“code of ethics” means the code of professional conduct and ethics adopted and published by the Institute;

“constitution” means the constitution of the Institute adopted in accordance with section 5;

“Council” means the Council of the Institute constituted under section 8;

“Disciplinary Committee” means the Committee constituted under section 46;

“fund” means the Fund referred to under sub-paragraph (5) of paragraph 8 of the Schedule;

“Honorary Secretary” means a person elected Honorary Secretary under the provisions of the constitution of the Institute;

“Honorary Treasurer” means a person elected Honorary Treasurer under the provisions of the constitution of the Institute;

“Institute” means the Zambia Institute of Planners established under section 3;

“inspector” means a person appointed as an inspector under section 11;

“Member” means a person registered as a Member of the Institute in accordance with the provisions of the constitution of the Institute, and “membership” shall be construed accordingly;

“Past President” means a person who has held the office of President before the commencement of this Act;

“planner” means a person with special knowledge of urban designing, the environmental, social, economic and political issues with the spatial approach to problem solving acquired through planning education and experience;

“planning field” means the planning profession within which planners implement their knowledge and experience with practical, analytical and organisational skills;

“planning firm” means a statutory corporation, a company, a partnership, an association or other body, corporate or unincorporate, that provides a service through the application of planning skills and knowledge;

“planning work” means carrying out an undertaking relating to the planning field, and includes any consultancy in the planning field;

“planning” means an area of expertise which involves the initiation and management of change in the built, socio-economic and natural environment across a spectrum of areas, ranging from urban to rural areas delineated at different geographic scales in order to provide and utilise services, further human development and sustain the environment;

“practising certificate” means a certificate issued under section 24;

“President” means the person elected President of the Institute pursuant to section 6;

“professional misconduct” has the meaning assigned to it under section 44;

“Register” means the Register referred to under section 35;

“Registrar” means the person appointed as Registrar under section 10; and

“Vice President” means the person elected Vice President of the Institute pursuant to section 6.

PART II
THE ZAMBIA INSTITUTE OF PLANNERS

3.   Establishment of Institute

   (1) There is hereby established the Zambia Institute of Planners which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and shall, subject to the provisions of this Act, have power to do all such acts and things as a body corporate may, by law, do or perform.

   (2) The provisions of the Schedule apply to the Institute.

4.   Functions of Institute

   (1) The functions of the Institute are to—

      (a)   promote the spatial, aesthetic, economic and social development of urban and rural areas in the best interest of the community;

      (b)   register planners and planning firms and regulate their professional conduct;

      (c)   register students of planning;

      (d)   develop, promote, maintain and improve appropriate standards of qualification in the planning profession;

      (e)   develop, promote and enforce internationally comparable planning practice standards in Zambia;

      (f)   investigate allegations of professional misconduct and impose such sanctions as may be necessary;

      (g)   advise the Government on matters relating to the planning profession;

      (h)   promote the general advancement of planners and allied professions for the improvement of the quality of life;

      (i)   maintain and improve the standards of conduct and learning of planning and allied professions in Zambia

      (j)   facilitate the acquisition of knowledge by planners through the establishment of technical libraries, and the provision of monetary grants, books, apparatus and any other facilities necessary to achieve that end;

      (k)   hold meeting of the Institute for the reading and discussion of papers of professional interest to make awards to authors of papers of special merit and to arrange for other activities of interest or benefit to planners;

      (l)   raise the character and status of the planners and allied professions to promote honourable and good practice and increase the confidence of the community in planners and allied professions;

      (m)   promote, protect and advance the general interests of planners and those engaged and interested in the planning field;

      (n)   provide a forum for the communication and interchange of views on matters relating to planning and disseminate these views to the public;

      (o)   in collaboration with the Disaster Management Unit, investigate and monitor national emergencies or disasters or any other matter of public concern caused by, or likely to be caused by planning services, and recommend appropriate preventive, rehabilitative or other measures;

      (p)   represent, protect and assist planners with regard to their conditions of practice, remuneration or otherwise;

      (q)   establish and maintain good relations with—

      (i)   other professional institutes and associations in Zambia;

      (ii)   other educational and scientific bodies in Zambia which have an interest in the planning profession and the education of planners in Zambia; or

      (iii)   similar institutions, associations or bodies in other countries; and

      (r)   do all such other things as are necessary or incidental to the performance of its functions under this Act.

   (2) The Institute may—

      (a)   determine and levy fees that the Institute considers necessary to finance its activities under this Act;

      (b)   determine the fees payable for an inspection conducted for the purposes of this Act; and

      (c)   determine what portion of any fee is payable in respect of any part of a year and the date on which the fee or portion thereof is payable;

5.   Constitution of Institute

   (1) The Institute shall, by a vote of at least two-thirds of the Members voting at a general meeting of the Institute, adopt a constitution and may, in the like manner, amend it.

   (2) Subject to this Act, the constitution shall regulate the conduct of the affairs of the Institute.

   (3) Subject to subsection (2), the constitution shall provide for the following matters—

      (a)   the meeting of the Institute, including the delivery and sufficiency of notices of the meetings, the quorum, voting, adjournment and other matters or procedure or conduct of the meetings;

      (b)   the election, qualifications and tenure of the President and Vice President;

      (c)   the composition, functions, powers and procedures of the committees of the Institute;

      (d)   the establishment, powers and functions of the branches, sections and regions of the Institute;

      (e)   the classes of membership and their rights, privileges and obligations; and

      (f)   any other matter as the membership may determine.

6.   President and Vice-President of Institute

The Members shall elect the President and the Vice-President of the Institute in accordance with the constitution.

7.   Meetings of Institute

   (1) Subject to this Act, the Institute may regulate its own procedure.

   (2) The meetings of the Institute shall be conducted in accordance with the provisions of the constitution of the Institute.

   (3) The validity of any proceedings, act or decision of the Institute shall not be affected by any person’s absence from any meeting of the Institute or by reason that a person not entitled to do so took part in the proceedings.

PART III
THE COUNCIL OF THE INSTITUTE

8.   Constitution of Council

   (1) There is hereby constituted the Council of the Institute which shall be responsible for the management and control of the affairs of the Institute.

   (2) The Council shall be elected in accordance with the provisions of the constitution of the Institute.

   (3) The Council shall consist of the following members—

      (a)   the President;

      (b)   the immediate past President;

      (c)   the Vice-President;

      (d)   the Honorary Secretary;

      (e)   the Vice-Honorary Secretary;

      (f)   the Honorary Treasurer;

      (g)   a student member; and

      (h)   two committee members.

   (4) A person shall not be qualified to be elected or nominated as a member of the Council if the person—

      (a)   has committed any professional misconduct within a period of five years preceding the election or nomination;

      (b)   is in lawful custody or the person’s freedom of movement is restricted under any law in force in, or outside, Zambia on the date of the election or nomination;

      (c)   has not been on the Register for at least three years preceding the election or nomination; or

      (d)   has been declared to be of unsound mind under any law.

   (5) A member shall, subject to the other provisions of this Act, hold office for a term of three years and may be re-elected for a further term of three years.

   (6) Upon the expiration of the term for which a member is elected or nominated, the member shall continue to hold office until another member is elected or nominated, but in no case shall any extension of the period exceed three months.

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