National Council for Construction Act, 2020
Act 10 of 2020
- Published in Government Gazette on 26 November 2020
- Assented to on 26 November 2020
- Commenced on 26 February 2021 by Statutory Instrument of 2021
- [This is the version of this document from 26 November 2020.]
Part I – Preliminary provisions
1. Short title and commencementThis Act may be cited as the National Council for Construction Act, 2020, and shall come into operation on the date appointed by the Minister by statutory instrument.
2. InterpretationIn this Act, unless the context otherwise requires—"appropriate authority" includes a Minister, public body, statutory body or person, who exercises a power or regulatory function under any written law, impacting on, or relating to, socio economic policies, construction, buildings, roads, urban and regional planning, surveys, engineering, architecture, public procurement, occupational safety, factories, environment, natural resources management, water and sanitation, energy, infrastructure development, manufacturing, commerce, investments or empowerment of citizens;"architect" means an architect registered in accordance with the Zambia Institute of Architects Act;[Cap. 442]"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;[Act No. 3 of 2012]"Association of Consulting Engineers of Zambia" has the meaning assigned to the words in the Engineering Institution of Zambia Act, 2010;[Act No. 17 of 2010]"best practice" means a desirable and appropriate standard, process, procedure, method or system in relation to the delivery process and life cycle of fixed assets;"best practice project assessment scheme" means the best practice project assessment scheme established by the Council under section 32;"Board" means the governing body of the Council constituted under section 7;"certificate of registration" means a certificate of registration issued under sections 12 and 22;"Chairperson" means a person appointed as Chairperson of the Board under section 7;"citizen" has the meaning assigned to the word in the Constitution;[Cap. 1]"code of conduct and ethics" means the code of conduct and ethics prescribed for registered contractors, manufacturers and suppliers under section 51;"company" has the meaning assigned to the word in the Companies Act, 2017;[Act No. 10 of 2017]"contractor" means an individual, firm, company or body of persons, who undertakes to execute and complete construction works;"control" has the meaning assigned to the word in the Companies Act, 2017;[Act No. 10 of 2017]"construction" means the process of erecting, extending, repairing, maintaining, retrofitting, renewing, renovating, rehabilitating, altering, converting, restoring, refurbishing, upgrading, dismantling or demolishing of all types of buildings and engineering infrastructure, and includes temporary and any preparatory works required to undertake the works;"construction industry" means the broad aggregation of industries in various sectors of the economy which participate in construction works;"construction material" means an item, article, element, substance, component or supply consumed or used in construction works;"construction project" means a construction works contract or a series of related construction works contracts;"construction works" means the erection, extension, installation, repair, maintenance, retrofitting, renewal, renovation, rehabilitation, alteration, conversion, restoration, refurbishment, upgrading, dismantling or demolition of all types of building and engineering infrastructure and includes temporary and any preparatory works required to undertake the works;"Council" means the National Council for Construction continued under section 4;"Executive Director" means a person appointed as Executive Director under section 9;"Emoluments Commission" means the Emoluments Commission established under the Constitution;[Cap. 1]"engineer" means an engineer who is registered in accordance with the Engineering Institution of Zambia Act, 2010;[Act No. 17 of 2010]"Engineering Institution of Zambia" means the Engineering Institution of Zambia established under the Engineering Institution of Zambia Act, 2010;[Act No. 17 of 2010]"foreign contractor" means—(a)in the case of an individual, a contractor who is a non-citizen; or(b)in the case of a firm, company or a corporate or unincorporate body of persons, a contractor wholly owned by a non-citizen;"gender" has the meaning assigned to the word in the Gender Equity and Equality Act, 2015;[Act No. 22 of 2015]"gender equality" has the meaning assigned to the words in the Gender Equity and Equality Act, 2015;[Act No. 22 of 2015]"inspector" means a person appointed as an inspector under section 36;"large scale contractor" means a contractor registered as a large scale contractor in accordance with section 12;"manufacturer" means a person, firm or company that makes, produces, builds, assembles, creates, fabricates, prefabricates, processes, forms, fashions, models, moulds, shapes, forges or engineers construction materials, tools, plant and equipment through a process of raw materials, components or assembling;"medium scale contractor" means a contractor registered as a medium scale contractor in accordance with section 12;"partnership" means a partnership relationship which exists between a foreign contractor and a Zambian contractor carrying on construction works with a view to profit;"private body" means an organisation, company, partnership, proprietorship or other person or institution which is not a public body, and includes a research and training institution, non-governmental organisation, development partner or any other person engaged, interested in, or concerned with, the construction industry;"procuring entity" has the meaning assigned to the words in the Public Procurement Act, 2020;[Act No. of 2020]"public body" has the meaning assigned to the words in the Public Finance Management Act, 2018;[Act No. 1 of 2018]"quantity surveyor" means a quantity surveyor registered under the Quantity Surveyors Act;[Cap. 438]"Quantity Surveyors Registration Board" means the Quantity Surveyors Registration Board established under the Quantity Surveyors Act;[Cap. 438]"register" means a register established and maintained under this Act;"relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;[Act No. 3 of 2012]"repealed Act" means the National Council for Construction Act, 2003;[Act No. 13 of 2003]"resources" means financial, human, technical and other resources, and includes tools, plant and equipment owned by a company;"Secretary" means a person appointed as Secretary of the Council under section 9;"School" means the National Construction School established under section 35;"small scale contractor" means a contractor registered as a small scale contractor in accordance with section 12;"supplier" means a person, firm or company that provides, makes available, furnishes, equips, fills, compensates or substitutes construction materials, tools and equipment through trading;"temporary registration" means the short-term registration of a contractor to enable the contractor undertake one off construction works or to execute a one off specialised construction works contract, for a period not exceeding six months;"tribunal" means an ad hoc tribunal to determine appeals constituted in accordance with section 46;"Vice-Chairperson" means the person elected as Vice-Chairperson of the Board in accordance with section 7;"youth" has the meaning assigned to the word in the Constitution;[Cap. 1]"Zambian contractor" means—(a)in the case of an individual, a contractor who is a citizen; or(b)in the case of a firm or company or body of persons, whether corporate or unincorporate, a contractor wholly owned by a citizen;"Zambia Institute of Architects" means the Zambia Institute of Architects established under the Zambia Institute of Architects Act;[Cap. 442]"Zambia Public Procurement Agency" means the Zambia Public Procurement Agency established under the Public Procurement Act, 2020; and[Act No. of 2020]"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.[Act No. 13 of 2011]
3. Principles governing regulation of construction industryThe following principles apply to construction under this Act:—
Part II – The National Council for Construction
4. Continuation of National Council for Construction
5. Functions of CouncilSubject to any other written law, functions of the Council are to—
6. Provision of standards for construction
7. Board of Council
8. Functions of BoardThe Board shall, subject to the provisions of this Act—
9. Executive Director and other staff
Part III – Regulation of contractors and construction industry
Registration of contractor
10. Prohibition from carrying on business as contractor without registration
11. Application for registration as contractor
12. Registration of contractors
13. Grant of temporary certificate of registration to contractorSubject to this Act, the Council may grant a temporary certificate of registration on prescribed terms and conditions, to a foreign contractor who wishes to undertake construction works for a period not exceeding six months.
14. Grading and classification of contractors
15. Renewal of certification of registration and annual fee
16. Changes in detail of contractorA registered contractor under this Act shall notify the Executive Director of any change in the particulars relating to the registration within seven days of the change.
17. Suspension and cancellation of registration
18. Re-registrationWhere a certificate of registration is cancelled or suspended under section 17, the holder of the certificate of registration may apply to the Council for re-registration, in accordance with this section on the terms and conditions that the Council may determine.
19. Best practice contractor recognition schemeThe Council shall establish a best practice contractor recognition scheme which shall—
Registration of manufacturers and suppliers
20. Monitoring compliance with standards for construction materials by manufacturers or suppliersThe Council shall, in consultation with an appropriate authority, ensure that a manufacturer or supplier of construction material complies with the standards set for construction materials under any written law.
21. Application for registration as manufacturer or supplier of construction material
22. Registration of manufacturer or supplier of construction material
23. Prohibition of manufacture, supply or sale of substandard construction materials
24. Change in details of manufacturer or supplierA registered manufacturer or supplier shall notify the Executive Director of any change in the particulars relating to the registration within seven days of the change.
25. Regulations for registration of manufacturer or supplierThe Minister may, in consultation with the Council, prescribe—
Certificates in general
26. Deemed grant of applicationWhere the Council does not inform the applicant of the Council’s decision in respect of the application within the period specified by the Act, the certificate of registration is deemed to have been granted.
27. Prohibition of transfer of certificate of registrationA certificate of registration issued under this Act shall not be transferred to a third party.
28. Duplicate certificate of registration
29. Certificate of status
30. Surrender of certificate of registration as contractor, manufacturer or supplier
Registration of construction projects
31. Registration of construction projects
32. Best practice project assessment scheme
34. Publication of copies of register
Registration of National Construction School
35. Registration of National Construction School
Part IV – Inspections
37. Additional powers of inspector
38. Report by inspectorAn inspector shall furnish the Council with a written report and any other information relating to an inspection, as the Council may require.
Part V – Capacity development measures and technical compliance
39. Bidding documents for procurement of construction worksA procuring entity shall, ensure that the bidding documents issued for the procurement of construction work conform to the requirements of the Public Procurement Act, 2020 and any other relevant written law.[Act No. of 2020]
40. Prohibition of unregistered contractor bidding for construction works
41. Technical specifications, etc
42. Citizen participation in construction worksThe Council may advise a procuring entity or private body on enhancing citizen participation in construction works.
43. Joint ventures with citizens
44. Subcontracting to small or medium scale registered contractor
Part VI – Complaints and appeals process
45. Reasons for decisions and right to be heard
46. Appointment and convening of appeals tribunal
47. Powers of Appeals Tribunal
48. Decisions of tribunal
49. Tribunal rulesThe Chief Justice shall prescribe rules of procedure for an ad hoc tribunal convened under this Act.
Part VII – General provisions
50. AppealsA person aggrieved with a decision of the Council may, within fourteen days of receiving the decision, appeal to the Minister.
51. Code of conduct and ethics for construction industry
52. Guidelines and practice codes
53. Monitoring and evaluation of projects, and programming for regulatory activities
54. Capacity building and professional development
55. Research and developmentThe Council may, in collaboration with the School and other appropriate authorities, as part of its ongoing operations, carry out research and development to ensure the quality of construction works and construction materials, and upgrade of the construction industry including—
56. Information management and dissemination
57. Offences relating to registered contractor, manufacturer or supplier of construction material
58. General offences
59. Offences committed partly in and partly out of Republic
60. Power of Council to compound certain offencesSubject to written consent of the Director of Public Prosecutions and where the Council is satisfied after an investigation, or where a person admits that the person has committed an offence under this Act, the Council may compound the offence by collecting from that person a sum of money that the Council considers appropriate, but not exceeding fifty percent of the maximum amount of the fine to which that person would have been liable on conviction, and a person having made that payment shall not, thereafter, be prosecuted in relation to the offence so compounded.
61. Administrative penalties
62. Offence by principal officer shareholder or partner of body corporate or unicorporate bodyWhere an offence under this Act is committed by a body corporate or unincorporate body, with the knowledge, consent or connivance of the director, manager, shareholder or partner of the body corporate or unincorporate body, that director, manager, shareholder or partner of the body corporate or unincorporate body commits an offence and is liable, on conviction, to the penalty specified for that offence.
64. Repeal of Act No. 13 of 2003
History of this document
26 February 2021
26 November 2020 this version
Published in Government Gazette number None