Laws of Malawi

Category: Subsidiary Legislation

Fully Consolidated and Annotated - 2024

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PUBLIC ACCOUNTANTS AND AUDITORS: SUBSIDIARY LEGISLATION

PUBLIC ACCOUNTANTS AND AUDITORS: SUBSIDIARY LEGISLATION PUBLIC ACCOUNTANTS AND AUDITORS (ACCOUNTANCY TRAINING) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation 3. Application 4. Objectives of the regulations PART IIACCREDITATION OF ACCOUNTANCY INSTITUTIONS IN MALAWI 5. Accreditation of institutions offering or intending to offer accountancy training 6. Requirements for accreditation 7. Submission of financial statements 8. Requirement to provide information 9. Quality in accountancy training 10. Revocation of an accreditation certificate 10A. Application for re-accreditation 11. Working relations PART IIIACCOUNTANCY SYLLABUS IN MALAWI 12. Submission of syllabus for accreditation 13. Submission of information required for accreditation of a syllabus 14. Application for approval to changes or modification to a syllabus 15. Offences relating to accreditation PART IVSECURITY OF ACCOUNTANCY EXAMINATIONS IN MALAWI 16. Preparation process for accountancy examinations 17. Administration for accountancy examinations in Malawi 18. 19. Quality control and inspections 20. Cheating cases 21. Circumstances considered as hardship cases PART VGENERAL PROVISIONS 22. Extension of time 23. Invalidity affecting enforceability SCHEDULE G.N. 1/201744/2021 PUBLIC ACCOUNTANTS AND AUDITORS (ACCOUNTANCY TRAINING) REGULATIONS under s. 57 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Public Accountants and Auditors (Accountancy Training) Regulations. 2. Interpretation In these Regulations unless the context otherwise requires— “examining body” means an institution which has been accredited by the Board to set, administer and provide assessment for accountancy courses or syllabus for post-secondary school education in Malawi; “IFAC” means International Federation of Accountants; “institution” means any training institution offering training for personnel desirous to become registered accountants in Malawi; and “users” means any person who has been recognized as the user of services rendered by an accountancy or advisory service provider. 3. Application These Regulations shall apply to— (a) the accreditation for all institutions intending to offer any accountancy training in Malawi; (b) the development and approval process of accountancy training syllabuses; and (c) the maintenance of security and integrity of accountancy examinations in Malawi. 4. Objectives of the regulations These Regulations have been developed to ensure that— (a) accountants trained in Malawi meet the requirements and standards of IFAC and are well knowledgeable in accounting skills; (b) only institutions which have requisite resources as contained in regulation 5 and capacity are allowed to offer accountancy training; (c) accountancy training offered in Malawi complies with the IFAC requirements and that the training is relevant to Malawi’s business environment; (d) accountancy examinations administered in Malawi are credible and meet the minimum requirements and standards of the Board; and (e) students are protected from unfair business practices and inappropriate assessments during their accountancy training. PART IIACCREDITATION OF ACCOUNTANCY INSTITUTIONS IN MALAWI 5. Accreditation of institutions offering or intending to offer accountancy training (1) An institution offering or intending to offer accountancy training or accountancy examinations shall make an application for accreditation to the Board in Form 1 set out in the Schedule and shall submit the application accompanied with the relevant application fee prescribed in Form 4 in the Schedule. (2) An institution offering or intending to offer accountancy training as a short course or a secondary school offering or intending to offer accountancy courses shall not be required to be accredited by the Board. (3) An institution which offers accountancy as a minor component of its program shall not be required to be accredited by the Board, but the accountancy syllabus designed shall have to be cleared with the Board as provided in Part III of these Regulations. 6. Requirements for accreditation (1) An institution, in order to be accredited by the Board, shall satisfy the following— (a) availability of a conducive learning environment which includes location, adequate classrooms, library, computer laboratory and other amenities; (b) availability of qualified trainers with minimum qualifications as prescribed in Form 2 set out in Schedule; and (c) compliance with requirements of the National Council for Higher Education under the National Council for Higher Education Act. (2) The Board shall, upon receipt of the application for accreditation containing all necessary required documents and the prescribed fees, complete the assessment exercise within ninety days and shall, thereafter, within twenty-one days communicate its decision, on whether the institution has been accredited or not, in writing. (3) Where an application for accreditation has been approved, the Board shall issue a certificate of accreditation, in Form 3 set out in the Schedule, to the institution which made the application. (4) The Board’s decision on the application for accreditation of an institution shall be final and any aggrieved party shall be allowed to seek redress at the National Council for Higher Education. (5) A party who is not satisfied by the decision of the National Council for Higher Education may appeal to the High Court against the decision of the National Council for Higher Education. (6) An institution which has been accredited by the…

LABOUR RELATIONS: SUBSIDIARY LEGISLATION

LABOUR RELATIONS: SUBSIDIARY LEGISLATION LABOUR RELATIONS REGULATIONS under s. 78 G.N. 57/1998 1. Citation These Regulations may be cited as the Labour Relations Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “conciliator” means the Principal Secretary or any person authorized by him. 3. Application for registration (1) An application by an unregistered trade union for registration under section 11 (2) shall be in Form A. (2) A certificate of registration of a trade union shall be in Form B. (3) An application by an unregistered employers’ organization under section 11 (2) shall be in Form C. (4) A certificate of registration of an employers’ organization shall be in Form D. 4. Proof of compliance (1) The proof of compliance required, under section 11 (10), to be submitted by a trade union shall be in Form E. (2) The proof of compliance required, under section 11 (10), to be submitted by an employers’ organization shall be in Form F. 5. Certificate regarding alteration of rules (1) A certificate by the Registrar stating that the alteration of rules by a registered trade union has been registered shall be in Form G. (2) A certificate by the Registrar stating that the alteration of rules by a registered employers’ organization has been registered shall be in Form H. 6. Statement of compliance regarding change of name Statement by an official of an organization certifying that there has been compliance with the rules of the organization governing change of name under which it is registered shall be in Form I. 7. Statement of compliance regarding amalgamation A statement, by an official of each organization that has amalgamated with one or more organizations, certifying that there has been compliance with the rules of the organizations governing amalgamation shall be in Form J. 8. Application for establishment of an industrial council (1) An application by a trade union requesting the Minister, under section 26 (4), to establish an industrial council shall be in Form K. (2) An application by an employers’ organization requesting the Minister, under section 26 (5), to establish an industrial council shall be in Form L. 9. Application for exemption (1) An application by a trade union to the Minister for an exemption from participating in a bargaining council on behalf of some or all of its members shall be in Form M. (2) An application by an employer’s organization to the Minister for an exemption from participating in a bargaining council on behalf of some or all of its members shall be in Form N. 10. Notice of strike or lockout (1) A notice by a party to a dispute intending to strike shall be in Form O. (2) A notice of a party to a dispute intending to lockout shall be in Form P. 11. Meetings of industrial council (1) A written notice specifying the date, place and time of and the business to be discussed at a meeting of an industrial council shall be sent by the council so as to reach representatives of parties to the council and the Registrar not less than 7 days before the meeting. (2) The quorum for a meeting of an industrial council shall be half of the total number of representatives of the parties to the council and half of whom shall be workers’ and employers’ representatives. (3) Whenever an industrial council has by reason of a lack of quorum at any meeting been unable to transact business, notice in writing shall be sent by hand or post by the council to each representative of the parties to the council specifying the date on which and the place and time at which the meeting shall be reconvened. (4) Two copies of the draft minutes of each meeting of an industrial council shall be sent to the Registrar not more than 7 days after the meeting and two copies of the confirmed minutes shall be sent to the Registrar not more than 14 days after the meeting. 12. Conciliation by the Principal Secretary (1) When a dispute has been referred to the Principal Secretary for conciliation under the Act, the Principal Secretary or any person authorized by him shall appoint a conciliator to attempt to resolve the dispute by conciliation within 21 days of the referral of such dispute. (2) In endeavouring to conciliate the parties, the conciliator shall determine the process to be followed and the process may include— (a) mediating the dispute; (b) conducting a fact-finding exercise; and (c) making a non-binding recommendation to the parties as to how the dispute may be settled. (3) In conciliation proceedings, a party may appear— (a) if the party is a natural person, in person, or by— (i) a co-employee; or (ii) a member, an office bearer or official of the party’s trade…

ARCHITECTS AND QUANTITY SURVEYORS: SUBSIDIARY LEGISLATION

ARCHITECTS AND QUANTITY SURVEYORS: SUBSIDIARY LEGISLATION ESTABLISHMENT OF BOARD under s. 3 A Board of Registration of Architects and Quantity Surveyors has been established for the purposes of this Act. ARCHITECTS AND QUANTITY SURVEYORS RULES under s. 15 G.N. 105/1995 PART IGENERAL 1. Citation These Rules may be cited as the Architects and Quantity Surveyors Rules. 2. Interpretation In these Rules, unless the context otherwise requires— “Registrar” has the meaning assigned thereto in section 2 of the Act. “member” means an Architect, Quantity Surveyor, Graduate Architect, Graduate Quantity Surveyor, Architectural Technician or Quantity Surveying Technician registered under the Act. 3. Communications All communications to the Board shall be addressed to the Registrar at the postal address of the Board. 4. Applications for registration (1) All applications for registration as an Architect or Quantity Surveyor shall be made on Form 1 in the Second Schedule. (2) All applications for registration as a Graduate Architect or Graduate Quantity Surveyor shall be made on Form 2 in the Second Schedule. (3) All applications for registration as an Architectural Technician or a Quantity Surveying Technician shall be made on Form 3 in the Second Schedule. 5. Certificate of registration and form of registers (1) The Board shall provide a certificate of registration to every member. (2) The certificate of registration shall be in Form 4 set out in the Second Schedule. (3) The Registrar shall keep and maintain each of the registers required under Part IV of the Act. 6. Certificate of registration in event of resignation, expulsion or suspension to be delivered to Board (1) In the event of the resignation, expulsion or suspension of a member, his certificate of registration shall be delivered up by him to the Board. (2) In the event of suspension, such certificate of registration shall be held by the Board during the period of suspension, and in the case of resignation or expulsion, such certificate shall be cancelled by the Board. 7. Change of address It shall be the duty of every member to notify the Registrar of any change of address. 8. Professional remuneration Every member shall be entitled to remuneration for his services. 9. Scale of fees to be furnished to client (1) The scale of fees set out in the First Schedule is a minimum scale and shall be charged by Architects and Quantity Surveyors and the provisions set out in such Schedule shall apply to such charges. (2) Architects and Quantity Surveyors shall forward to clients, at the outset of an engagement, a copy of such scale of fees. PART IIDISCIPLINARY PROCEEDINGS 10. The Board may institute inquiry The conduct of any member may be considered by the Board in its own right or on the recommendation of the Malawi Institute of Architects or the Surveyors Institute of Malawi on behalf of any person feeling aggrieved by reason of alleged unprofessional conduct or misconduct on the part of any member. 11. Complaints The Board may require the complainant to file further particulars of any of the matters complained of and may require the complaint or any part thereof to be verified by affidavit. 12. Explanation in answer to complaint The Board may call upon the member whose conduct is complained of or is under investigation, to file within ten days thereafter explanation in answer to the complaint and may require such explanation to be verified by affidavit. 13. Power to subpeona member The Board may summon before it any member against whom any complaint has been lodged or whose conduct may appear to the Board to require investigation and may call upon him to produce any document, contract, contract book, paper, drawing, specification, quantities or other writing in his possession or under his control in any way relating to or concerning the complaint or matter under investigation and shall hear any relevant evidence and inspect any relevant documents which the complainant or the party complained against may desire to adduce. 14. Appearance of accused member The member against whom the complaint is made shall have the right to appear before the Board and to be heard either personally or through his legal practitioner and may call such evidence and produce such documents as may be relevant. 15. Non-appearance Should such member not appear within a reasonable period as the Board may determine and not file an explanation the inquiry may be proceeded with forthwith. 16. Evidence on oath At any inquiry held under these Rules, all verbal evidence shall be taken on oath. 17. Penal provision (1) The Board, after having enquired into the alleged misconduct of any member, may— (a) take no further action; or (b) caution the member; or (c) suspend the member; or (d) strike out the name of the member from the register; or (e) impose such a fine…

MALAWI ENGINEERING INSTITUTION: SUBSIDIARY LEGISLATION

MALAWI ENGINEERING INSTITUTION: SUBSIDIARY LEGISLATION MALAWI ENGINEERING INSTITUTION (REGISTRATION AND DISCIPLINE) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation PART IIREGISTRATION 2. Procedure for registration 3. Documents in support of application 4. Acceptance or refusal of registration 5. Registration fees 6. List of registered persons 7. Notification of change of address PART IIICODE OF CONDUCT 8. Primary obligations of persons registered under the Act 9. Competence and other considerations 10. Avoidance of unfair competition 11. Conflict of interest 12. Disclosure of confidential information permitted in some circumstances PART IVDISCIPLINE 13. Inquiry into misconduct 14. Application to all persons registered under the Act 15. Powers of Disciplinary Committee 16. Minutes of meetings of Disciplinary Committee 17. Tenure and vacancy for Disciplinary Committee 18. Proceedings of Disciplinary Committee 19. Time limits 20. Publication of names of deregistered or suspended persons 21. Re-registration 22. Disclosure of interest 23. Evidence 24. Right to legal representation 25. Oath of secrecy 26. Allowances FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE G.N. 42/2021 MALAWI ENGINEERING INSTITUTION (REGISTRATION AND DISCIPLINE) REGULATIONS under s. 65 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Malawi Engineering Institution (Registration and Discipline) Regulations. PART IIREGISTRATION 2. Procedure for registration (1) An application for registration under the Act shall comply with these Regulations. (2) An applicant making an application for registration under the Act shall specify, in his application, the class of membership in which he seeks to be registered into. (3) The applicant shall complete and sign an appropriate form set out in the First Schedule. (4) An application made under this regulation shall be submitted to the Registration Council through the Registrar, accompanied by an application fee as prescribed under Part I of the Second Schedule. 3. Documents in support of application An application for registration under the Act shall be supported by— (a) a statutory declaration made by the applicant in the form set out in the Third Schedule; (b) certified copies of any degrees, postgraduate diplomas or certificates on which the applicant relies on as qualifications for registration; (c) in the case of an applicant for registration whose name has changed since the grant of his qualification, the legal document which provides evidence of such change of name; and (d) a copy of the national identification document. 4. Acceptance or refusal of registration (1) The Registration Council shall, once it receives the application form, review the application to ensure that it satisfies the minimum requirements of the class of membership to which it relates. (2) In considering whether the applicant meets the minimum requirements, the Registration Council shall take into account the applicant’s— (a) physical or mental health; (b) professional track record; and (c) prior misconduct. (3) Where the application fails to meet the minimum requirements, the Registration Council shall inform the applicant of the failure of the application to meet the minimum requirements and the grounds therefor. (4) An applicant shall be afforded an opportunity to be heard in support of his application. (5) Where the Registration Council is satisfied that the application meets the minimum requirements in the class of membership applied for, it shall recommend to the Board that the applicant should take the relevant engineering qualifying examination within a specified period. (6) Where the applicant passes the examination referred to under subregulation (5), the Registration Council shall, upon approval of the Board, issue to the applicant a registration certificate in the form prescribed in the Fourth Schedule: Provided that any person qualifying for registration for the class of professional engineer and above, shall take an oath provided for at the back of the certificate before a commissioner for oaths. (7) Where the applicant fails the engineering qualifying examinations, the Registration Council shall advise the applicant accordingly and inform him of his right to take the examination one more time. (8) Where the applicant qualifies for registration into a particular class of membership, the applicant shall be entitled to use the description of that class of membership as prescribed in the Fifth Schedule. 5. Registration fees (1) A person registered under the Act shall pay the fees prescribed under Part II of the Second Schedule for services listed under that Part. (2) A fee for registration under this Act shall not be refundable and shall be payable not later than 31st December of each year. (3) Where the fee for registration or any part thereof remains unpaid for more than thirty days after the due date, a penalty of fifty per cent of the amount due shall be imposed and shall become part of the amount due and payable. (4) There shall be no reduction, proportionate or otherwise, in the amount of the fee payable even if the remaining period to the next 31st December…

NATIONAL CONSTRUCTION INDUSTRY: SUBSIDIARY LEGISLATION

NATIONAL CONSTRUCTION INDUSTRY: SUBSIDIARY LEGISLATION NATIONAL CONSTRUCTION INDUSTRY (DISCIPLINARY) RULES ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. When the Council may institute inquiry 3. Complaints 4. Explanation in answer to complaint 5. Power to subpoena 6. Appearance of accused 7. Non-appearance 8. Evidence on oath 9. Penal provision G.N. 36/1999 NATIONAL CONSTRUCTION INDUSTRY (DISCIPLINARY) RULES under s.29 1. Citation These Rules may be cited as the National Construction Industry (Disciplinary) Rules. 2. When the Council may institute inquiry The conduct of any person engaged in the construction industry may be considered by the Council of its own accord or upon complaint made by or on behalf of any person feeling aggrieved by reason of alleged unprofessional conduct, on the part of any person engaged in the construction industry. 3. Complaints The Council may require the complainant to file further particulars of any of the matters complained of and may require the complaint or any part thereof to be verified by affidavit. 4. Explanation in answer to complaint The Council may call upon the person engaged in the construction industry against whose conduct is complained of or is under investigation, to file within ten days thereafter an explanation in answer to the complaint and may require such explanation to be verified by affidavit. 5. Power to subpoena The Council may summon before it any person engaged in the construction industry against whom any complaint has been lodged or whose conduct may appear to the Council to require investigation and may call upon him to produce any document, contract, contract book, paper, drawing, specification, quantities or other writing in his possession or under his control in any way relating to or concerning the complaint or matter under investigation and shall hear any relevant evidence and inspect any relevant documents which the complainant or the party complained against may desire to adduce. 6. Appearance of accused The person engaged in the construction industry against whom the complaint is made shall have the right to appear before the Council and to be heard either personally or through his legal practitioner and may call such evidence and produce such documents as may be relevant. 7. Non-appearance Should such person not appear and not file an explanation, the inquiry may be proceeded with forthwith. 8. Evidence on oath At any inquiry held under these Rules, all verbal evidence shall be taken on oath. 9. Penal provision The Council, after having enquired into the alleged misconduct of any person engaged in the construction industry, may— (a) take no further action; (b) caution the person; (c) suspend the person; or (d) strike out of the register the name of the person. NATIONAL CONSTRUCTION INDUSTRY (PRACTICE OF CONSTRUCTION CONSULTANCY SERVICES BY FOREIGN CONSULTING FIRMS) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Practice of construction consultancy by foreign consultants 4. Approval of contractual relationship 5. Member practice to participate fully 6. Registration fees 7. Professional registration insurance 8. Other services 9. Failure by member practice to register partnership 10. Member practice to provide services G.N. 26/200435/2023 NATIONAL CONSTRUCTION INDUSTRY (PRACTICE OF CONSTRUCTION CONSULTANCY SERVICES BY FOREIGN CONSULTING FIRMS) REGULATIONS under s.29 1. Citation These Regulations may be cited as the National Construction Industry (Practice of Construction Consultancy Services by Foreign Consulting Firms) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “member practice” means a Malawian firm registered as a consultant under the Act. 3. Practice of construction consultancy by foreign consultants A foreign consulting firm intending to provide construction consultancy services in Malawi, shall provide the services in partnership with a member practice. 4. Approval of contractual relationship A contractual relationship between a foreign consulting firm and a member practice shall, through registration, be approved by the Council as a joint venture. 5. Member practice to participate fully (1) The member practice shall take full professional responsibility of the services being provided in conjunction with a foreign consulting firm and shall demonstrate its full participation in, but not limited to, the following work stages— (a) for Architects— (i) D. Scheme Design; (ii) E. Detail Design; (iii) F.G. Production Information; (iv) J. Project Planning; and (v) K.L. Operations on site; (b) for Quantity Surveyors— (i) Pre-Contract Services— (A) preliminary consultations, preparing preliminary estimates; (B) preparing bills of quantities, examining tenders and reporting thereon; (ii) Post-Contract services— (A) surveying works in progress and preparing cost reports; (B) preparing and agreeing final accounts; (c) for Structural Engineers, as specified by the Board of Engineers; and (d) for Services Engineers, as specified by the Board of Engineers. (2) Where the assignment is full services, the member practice shall be responsible for a minimum of fifty-one per cent of the work. (3) Where the assignment is for partial services, the member practice shall demonstrate that it is responsible for…

MALAWI BUREAU OF STANDARDS: SUBSIDIARY LEGISLATION

MALAWI BUREAU OF STANDARDS: SUBSIDIARY LEGISLATION MALAWI BUREAU OF STANDARDS (MALAWI STANDARDS) (EFFECTIVE DATE) (DECLARATION) ORDER under s. 20 G.N. 129/198733/19922/201550/2017126/2020*127/2020*11/2022* 1. Citation 1This Order may be cited as the Malawi Bureau of Standards (Malawi Standards) (Effective Date) (Declaration) Order. 2. Effective dates G.N. 33/1992 The dates specified in the Schedule shall be the dates with effect from which no person shall manufacture or sell a commodity specified in Column 2 of the Schedule in relation to such date or use any method or procedure for the manufacture of such commodity, unless the commodity, or the manufacture thereof is in conformity with the Malawi Standard specified in relation to such commodity in Column 1 of the Schedule within the description specified in Column 3 of the Schedule. G.N. 33/1992 2/2015 3/2015 50/2017 51/2017 SCHEDULE para. 2 EFFECTIVE DATES FOR USE OF MALAWI STANDARDS Column 1 Malawi StandardColumn 2CommodityColumn 3 Description Effective Date: 1st November, 1987 MBS 2–1976UPVC conduit and fittingsCovers UPVC conduit and fittings, but also applies to conduit and fittings of any other non-metallic material which meets the requirements of the specification. MBS 3–1976UPVC sewer pipes, drain pipes and pipe fittingsCovers UPVC pipes and fittings intended for below-ground non-pressure application for the conveyance of sewer and waste water where continuous temperature in excess of 60° C are not encountered. MBS 4–1976UPVC type 1 pressure pipes and fittingsCovers UPVC type 1 pipes and injection-moulded fittings intended for cold water services under pressure at ambient temperature not below 25° C. MBS 5–1976UPVC pipes and pipes fittings for use above ground drainage installationsCovers UPVC and injection-moulded pipe fittings intended for above-ground and non-pressure applications (such as soil water, waste water and ventilating pipes). MBS 11–1981Artificial vinegarCovers artificial vinegar produced from glacial acetic acid and water with or without caramel as a colouring matter and intended for use as a condiment. MBS 18–1982Carbonated soft drinksCovers the manufacture, production, processing or treatment of carbonated soft drinks. MBS 29–1984Ordinary and rapid hardening Portland cementCovers requirements for the composition, the manufacture, sampling, chemical and physical properties and ordinary and rapid hardening Portland cement. It also gives methods of test for physical properties. MBS 30–1985Wheat flourCovers requirements and methods of test for wheat flour for human consumption, prepared from common wheat. MBS 33–1985CandlesCovers the requirement of candles and methods of test. MBS 34–1985Maize flour (Ufa)Covers the description, requirements and method of sampling and analysis for maize flour intended for human consumption. MBS 35–1985Primary dry batteriesLays down specification dimensions, test and requirements of single cells Leclanche type dry batteries (hereinafter referred to as “batteries”) and applies to batteries of designations, R6, R14, and R20 for use in flashlights, transistor radio receivers, hearing aides and other electronic appliances where high current drain is not desired. MBS 50–1987BeerThis standard prescribes the requirements for beer as defined in the Liquor Act (Cap. 50:07). Effective Date: 1st January, 1988 MBS 8–1980Manually operated airbreak switchesCovers manually operated airbreak switches rated at not more than 60 amperes and 250 volts to earth or 30 amperes and 660 volts between poles. MBS 10–1981Tung oilDefines the properties of and methods of testing tung oil of two types known in the trade as type F and type M derived respectively from Aleurites fordii Hemsley and from Aleurites montana Wilson. The standard is not intended for tung oil which is wholly or partly solidified as a result of isomerization. The tests given in this standard are derived to test the purity of the oil and not to test its technological properties. MBS 13–1981Glass-reinforced polyester laminated productsCovers requirements for products of the following two types manufactured from glass-reinforced polyester (GRP) laminated products by means of contact moulded at pressure not exceeding one bar: Types S and F. MBS 14–1984Glass-reinforced polyester laminated sheetsCovers the requirements for two types of profile of flat sheets made of glass-reinforced polyester (GRP) reinforced laminated. It does not cover moulded canopies curved sheets. MBS 15–1984Flexible cords power1. Covers flexible cords for use with domestic appliances requiring an electrical supply at voltage not exceeding 300 v to earth, including non-domestic appliances available for operation by members of the public: 2. Flexible cords used for the internal wiring of electrical apparatus, pre-wired pendant cords with more than seven conductors, tinsel and screened flexible cords for use in circuits not exceeding 40 v to earth are excluded from the requirements of the specification. MBS 16–1984Apparatus connec­torsCovers apparatus connectors comprising inlet sockets and inlet plugs intended to form detachable connectors between single-phase portable domestic electrical appliances and flexible cords for the operation of such appliances at voltage not exceeding 250 volts. The specification does not apply to connecting sockets and plugs which are incorporated in appliances for the purpose of interconnecting parts of such appliances. MBS 17–1984Safety of electrical appliancesCovers the safety of electrical appliances, electrical cooking, heating, motor…

STANDARDIZATION OF SOAP: SUBSIDIARY LEGISLATION

STANDARDIZATION OF SOAP: SUBSIDIARY LEGISLATION DELEGATION OF POWERS under s. 5 (1) G.N. 148/196360/1984 (Conferring powers of inspection on police officers of the rank of Inspector or above—Revoked by G.N. 60/1984). NOTICE OF AUTHORIZATION under s. 5 (1) G.N. 576/1984 The Minister has authorized generally the Director and other staff of the Malawi Bureau of Standards to enter, at any time, upon any premises where soap is manufactured and take samples of soap for examination or analysis.

IODIZATION OF SALT: SUBSIDIARY LEGISLATION

IODIZATION OF SALT: SUBSIDIARY LEGISLATION IODIZATION OF SALT REGULATIONS G.N. 75/1998 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Iodization of Salt Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “authorized officer” means a customs officer, an environmental health officer or any inspector appointed under section 6; “business” means business of salt iodization; “Registrar” means the Principal Secretary or such other officer in the public service as he may authorize to act on his behalf. PART IIREGISTRATION 3. Manner and particulars of registration Every person who is engaged in the business of salt iodization shall furnish by sending by post or delivering to the Registrar a statement in writing in the form set out in the First Schedule containing the following particulars— (a) the name of the business; (b) the address of the business; (c) the general nature of the business; and (d) date of commencement of the business. 4. The statement required for the purpose of registration under regulation 3 shall— (a) in the case of an individual, be signed by him; and (b) in the case of a firm, either by all the individuals who are partners and by a director or the secretary of all corporations which are partners or by an individual who is a partner, director or the secretary of a corporation which is a partner and in either of these two cases shall be verified by an affidavit or statutory declaration made by the signatory: Provided that no such affidavit or statutory declaration stating that any person other than the deponent or declarant is a partner, or omitting to state that any person other than as aforesaid is a partner, shall be evidence for or against such other person in respect of his liability or non-liability as a partner, and that the High Court may on application of any person alleged or claiming to be a partner direct the rectification of the register and decide any question arising under this regulation. 5. Certificate The Registrar shall issue a certificate of registration in the form set out in the Second Schedule to every firm or person registered under these Regulations. 6. Registration of changes Whenever a change is made or occurs in the particulars registered under regulation 3 in respect of any firm or person, such firm or person shall, within fourteen days after such change or such longer period as the Registrar may, on application being made in any particular case, whether before or after the expiration of such fourteen days, allow, furnish by sending by post or delivery to him a statement in writing specifying the nature and the date of the change, signed, and, where necessary, verified in like manner as the statement required on registration under regulation 3. 7. Alteration Every change in any of the particulars registered shall be notified in the form set out in the Third Schedule to the Registrar who shall alter the register accordingly. 8. Penalty for default in registration If any firm or person by these Regulations required to furnish a statement of particulars or of any change in particulars shall without reasonable cause make default in so doing in the manner and within the time specified by these Regulations every partner in the firm or the person so in default shall be guilty of an offence and liable to a fine of K200 for every day during which the default continues, and the court shall order a statement of the required particulars or change in the particulars to be furnished to the Registrar within such time as may be specified in the Order. 9. Disability of persons in default (1) Where any firm or person by this Act required to furnish a statement of particulars or of any change in particulars shall have made default in so doing, then the rights of that defaulter under or arising out of any contract made or entered into by or on behalf of such defaulter in relation to the business in respect to the carrying on of which particulars were required to be furnished at any time while he is in default shall not be enforceable by action or other legal proceeding whether in the business name or otherwise: Provided always as follows— (a) the defaulter may apply to the Court for relief against the disability imposed by this regulation and the Court, on being satisfied that the default was accidental, or due to inadvertence, or some other sufficient cause or that on other grounds it is just and equitable to grant relief, may grant such relief either generally, or as respects any particular contract, on condition of the costs of the application being paid by the defaulter, unless the Court otherwise orders, and on such other conditions (if any) as…

LIQUOR: SUBSIDIARY LEGISLATION

LIQUOR: SUBSIDIARY LEGISLATION LIQUOR (LISTED SPIRITS) NOTICE under s. 23 (10) G.N. 160/1980 1. Citation This notice may be cited as the Liquor (Listed Spirits) Notice. 2. Listed Spirits The spirits specified in the Schedule and therein referred to as “listed spirits”, being potable spirits manufactured in Malawi, shall be the spirits which may be sold by a holder of a grade “H” general retail licence issued pursuant to section 23 (10) of the Act. SCHEDULE LISTED SPIRITS (A) Gin (a) Malawi Gin (b) Gilbeys Gin (B) Brandy (a) Premier Brandy (b) Oude Molen (c) Three Barrels (C) Vodka Smirnoff (D) Cane Spirit White Diamond (E) Miscellaneous Methylated Spirits (Blue) (F) Whisky (Scotch) Spey Royal LIQUOR (LICENSING FEES) REGULATIONS under s. 30 G.N. 156/1980 1. Citation These Regulations may be cited as the Liquor (Licensing Fees) Regulations. 2. Licensing fees The fee specified in the Second Column of the Schedule in relation to a licence specified in the First Column shall be payable in respect of such licence issued under Part III of the Act. reg. 2 SCHEDULE LICENSING FEES table Second First Column Column Fees A. Wholesale Sales Licences 1. Wholesale Licence . . . . . . K300 p.a. 2. Agents . . . . . . . . K100 p.a. B. Retail Sales Licences 1. General Retail Licence Grade “A” (Bar business premises)— (i) Urban areas . . . . . . K500 p.a. (ii) All other areas . . . . . . K200 p.a. Grade “B” (Off business premises Licence)— (i) Urban areas . . . . . . K200 p.a. (ii) All other areas . . . . . . K120 p.a. Grade “C” (Hotels)— (i) Urban areas . . . . . . K200 p.a. (ii) All other areas . . . . . . K100 p.a. Grade “D” (Restaurants)— (i) Urban areas . . . . . . K150 p.a. (ii) All other areas . . . . . . K 60 p.a. Grade “E” (Clubs) . . . . . . K200 p.a. Grade “F” (Cabaret) . . . . . . K100 p.a. Grade “G” (Theatre, Cinema, etc.) . . K 60 p.a. Grade “H” (Limited off-premises licence) . . K 40 p.a. Grade “I” (National Park or Game Reserve) . . K100 p.a. Grade “TA” (Aerodrome, Airport, Air Terminal) . . K500 p.a. Grade “TB” (Bus Station or Bus Terminus) . . K200 p.a. Grade “TR” (Railway Station or Railway Terminus)— (i) Urban areas . . . . . . K200 p.a. (ii) All other areas . . . . . . K120 p.a. Grade “TAV” (Aircraft) . . . . . . K 20 p.a. Grade “TRY” (Railway Restaurant Car) . . K 60 p.a. Grade “TPV” (Passenger Vessel) . . . . K200 p.a. Second Column First Column Fees C. Temporary Sales Licences 1. Auctioneer’s Temporary Licence . . K5.00 per day 2. Occasional Licence . . . . K10.00 per day D. Miscellaneous Sales Licence A duplicate of any licence . . . . K3.00 per copy E. Manufacturer’s Licence 1. Distiller’s licence . . . . . . K40 p.a. 2. Commercial brewer’s licence . . . . K40 p.a. 3. Wine-maker’s licence . . . . K20 p.a. 4. Opaque beer brewer’s licence . . . . K40 p.a. LIQUOR (FORMS) REGULATIONS under s. 96 G.N. 157/1980 1. Citation These Regulations may be cited as the Liquor (Forms) Regulations. 2. Forms The forms set out in the Schedule shall be used for the purposes of the Act. reg. 2 SCHEDULE FORM I Form of Notice of Intention to apply for a Liquor Licence LIQUOR ACT (CAP. 50:07) NOTICE OF INTENTION TO APPLY FOR A LIQUOR LICENCE (section 35) I*/We, (name of applicant(s)) ………………………………………………………………………………….., of (address) ……………………………………………………………………………………. hereby give notice of my*/our intention to apply for a (describe the licence and its grade) ……………………………………………………………………………………………. for the manufacture*/sale of liquor at (describe premises) ……………………………………………………………………………………………………………………… licence period ending on 31st March, 19…………….. This notice is given pursuant to section 35 of the Liquor Act. Dated this ……………………………… day of ………………………, 19……….. …………………………………………………………… Signature of applicant or his duly authorized agent FORM II Form of application for a Liquor Licence LIQUOR ACT (CAP. 50:07) APPLICATION FOR A LIQUOR LICENCE (section 37) To: The Licensing Officer at 1. Following the notice of my*Delete whichever does not apply./our intention to apply for a liquor licence published in the Gazette issue of (date of Gazette issue) ………. and in the two issues of (name of the newspaper and dates of the two issues) ……………………………………, I*Delete whichever does not apply./we, (name of applicant(s)) …………………………………………………………………., of (address) …………………………………………………………………………….., hereby apply for a (describe the licence and its grade) ………………………………………………………………… for the manufacture*Delete whichever does not apply./sale of liquor at (describe premises) ……………………………………………………………………………………………………………………. in…

LIQUID FUELS AND GAS (PRODUCTION AND SUPPLY): SUBSIDIARY LEGISLATION

LIQUID FUELS AND GAS (PRODUCTION AND SUPPLY): SUBSIDIARY LEGISLATION LIQUID FUELS AND GAS (PRODUCTION AND SUPPLY) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY PROVISIONS 1. Citation 2. Interpretation 3. Objectives PART IILICENSING Division 1General Provisions 4. Application of this Part 5. Prohibition of unlawful activities 6. Requirement for licensing 7. Application fees for licence 8. Acknowledgement of application 9. Consideration of applications 10. Licences 11. Suspension or revocation of licences 12. Licence fees Division 2Production Licence 13. Application for a Production Licence 14. Form of application for a Production Licence 15. Expenses of Authority in processing a Production Licence 16. Validity of a Production Licence 17. Application for renewal of a Production Licence and Fees Division 3Importation Licence 18. Application for an Importation Licence 19. Form of application for an Importation Licence 20. Expenses of Authority in processing an Importation Licence 21. Validity of an Importation Licence 22. Application for renewal of an Importation Licence and Fees Division 4Transportation Licence 23. Application for a Transportation Licence 24. Form of Application for a Transportation Licence 25. Validity of a Transportation Licence 26. Application for renewal of a Transportation Licence and Fees Division 5Storage Licence 27. Application for a Storage Licence 28. Form of application for a Storage Licence 29. Validity of a Storage Licence 30. Application for renewal of a Storage Licence and Fees Division 6Wholesale Licence 31. Application for a Wholesale Licence 32. Form of application for a Wholesale Licence 33. Validity of a Wholesale Licence 34. Application for renewal of a Wholesale Licence and Fees 34A. Offloading liquid fuel or gas Division 7Retail Licence 35. Application for a Retail Licence 36. Form of Application for a Retail Licence 37. Validity and renewal of a Retail Licence 38. Application for renewal of a Retail Licence and Fees 39. Standards for construction and maintenance of retail fuel outlets Division 8Prohibition of Exportation of Liquid Fuels and Gas 40. Prohibition of exportation of liquid fuels and gas PART IIILIQUID FUELS AND GAS PRICING Division 1General Provisions 41. Maximum selling price 42. Approval of maximum prices 43. Review and revision of price build-up 44. Average IBLC 45. Publication of route shares Division 2Pricing of Petrol, Diesel, Paraffin and Aviation Fuels 46. Determination of maximum prices 47. Determination of FOB 48. Mode of transporting fuel into Malawi 49. Determination of maximum transport costs 50. Determination of GIT 51. Determination of handling charges 52. Normal fuel loss 53. Recoverable fuel loss Division 3Pricing of Bio-Fuels and Gas 54. Pricing of bio-fuels and gas 55. Determination of bio-fuels prices 56. Determination of gas prices 57. Personal attendance Division 4Offences and Penalties 58. Offences and Penalties PART IVSTANDARD SPECIFICATIONS Division 1Application of this Part 59. Application of this Part Division 2Petrol Standard Specifications 60. Approved petrol 61. Composition of petrol 62. Compliance with petrol standard specifications 63. Marking and labelling on petrol pumps and containers 64. Testing petrol for compliance 65. Construction of sampling cans 66. Preparation for use of sampling cans 67. Mode of sample collection 68. No sample collection in direct sunlight 69. Storage, labelling and transportation of samples Division 3Diesel Standard Specifications 70. Approved diesel 71. Composition of diesel 72. Compliance with diesel standard specifications 73. Prohibition against contaminants 74. Grades of diesel and their composition 75. Approved diesel storage stability 76. Marking and labelling of diesel pumps, tanks and containers 77. Testing diesel for compliance Division 4Paraffin Standard Specifications 78. Use of paraffin 79. Composition of paraffin 80. Compliance with paraffin specifications 81. Approved smoke point 82. Approved net specific energy and testing 83. Approved burning qualities 84. Approved paraffin storage stability 85. Storage and transportation of paraffin 86. Marking and labelling of paraffin pumps, tanks and containers 87. Compliance procedures for paraffin Division 5Other Fuel and Gas Standard Specifications 88. Approved standard specifications for other fuels and gas 89. Testing procedures for compliance 90. Storage and transportation of ethanol and gas Division 6Offences and Penalties 91. Offences and penalties PART VSTORAGE OF LIQUID FUEL AND GAS Division 1Preliminary Provisions 92. Application of this Part Division 2Preparation, Construction and Maintenance of Storage Facilities 93. Storage tanks for liquid fuels 94. Storage sheds 95. Storage of gas Division 3Management of Storage Area 96. Conditions for management and control of storage area 97. Prohibition against dispensing of liquid fuels 98. Prohibition against soldering Division 4Miscellaneous Provisions 99. Storage of liquid fuels in buildings 100. Storage in machinery or motor vehicles 101. Reporting accidents PART VITHIRD PARTY STORAGE CAPACITY ACCESS CONTRACTS Division 1Preliminary Provisions 102. Application of this Part Division 2General Provisions 103. Third party capacity storage access contract 104. Pricing framework for third party storage capacity access contracts 105. Compliance 106. Disclosure Division 3Eligibility and Minimum Terms 107. Eligibility 108. Minimum terms and conditions 109. Other terms and conditions Division 4Submission and Approval 110. Submission…