The National Compliance and Regulatory Authority Act, no. 8 of 2023

JAMAICA No.o% — 2023 Tassent, Lf ly, Governor-General. Jo AN ACT to Establish a body to be called the National Compliance and Regulatory Authority to regulate the processes and practices connected with the manufacture, production, processing and treatment of commodities for which a compulsory standard specification ora technical regulation has been declared; and for connected matters. fhe date notified by the Minisijer bringing the Act into operation . BEIT ENACTED by The King’s Most Excellent Majesty, by and with f the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follows:— * PART I.—Preliminary 1. This Act may be cited as the National Compliance and Regulatory short title Authority Act, 2923, and shall come into operation on a day to be and commence appointed by the Minister by notice published in the Gazette. ment. ty Inter pretation. [No. ] The National Compliance and Regulatory Authority Act, 2023 2. In this Act, unless the context otherwise requires— “applicable offence” means an offence under a relevant enactment; “Authority” means the Netional Compliance and Regulatory Authority established under section 4; “Board” means the Board of Directors of the Authority established under section 6; “Chief Executive Officer” means the Chief Executive Officer of the National Compliance and Regulatory Authority appointed under section 9; “commencement date” means the date on which this Act comes into operation; “commodity” means any article, product or thing which is the subject of trade or commerce; “compulsory standard specification” means a standard specification which has been so declared by order, by the Minister, pursuant to section 7 of the Standards Act; “document” means, in addition to a document in writing, anything in which information of any description is recorded; “domestic market” means the supply and demand of goods and services within Jamaica; “function” includes powers and duties; “Inspector” means a person appointed as an Inspector under section 15; “Minister” means the Minister with responsibility for industry and commerce; “officer” means a person appointed as an officer under section 11(1); “prescribed food” has the meaning assigned to it in section 2 of the Processed Food Act; The National Compliance and Regulatory [No. ] Authority Act, 2023 “relevant enactment” means the Processed Food Act, the Standards Act, the Weights and Measures Act and any other enactment under which the Authority has regulatory functions; “specification” has the meaning assigned to it in section 2 of the Standards Act; “standard specification” has the meaning assigned to it in section 2 of the Standards Act; “technical regulations” means a document— (a) which lays down material, product and production methods, service characteristics or their related processes and includes the applicable administrative provisions with which economic activities must comply; and (b) whichis in keeping with the mandatory compliance of the World Trade Organization Technical Barriers to Trade Agreement (WTOTBT); “Tribunal” means the National Compliance and Regulatory Authority Appeal Tribunal established under section 18(1). 3. The principal objects of this Act are to— Objects of Act. (a) establish a body which will perform regulatory functions previously performed by the Bureau of Standards; (b) regulate weighing and measuring devices for trade and for purposes incidental to or connected with the foregoing purpose; (c) regulate and enforce the processes and practices connected with the manufacture, production and treatment of commodities for which a compulsory standard specification or technical regulation has been declared and intended for products for— (i) export; (iu) sale in the domestic market; and 4 [No. ] The National Compliance and Regulatory Authority Act, 2023 (ii) purposes incidental to or connected with the foregoing purposes. PART II.—The National Compliance and Regulatory Authority Establishment and Functions Establishment 4,—(1) For the purposes of this Act, the Standards Act, the . I Processed Food Act, the Weights and Measures Act, and any other Compliance relevant enactment, there is established, a body to be known as the latory National Compliance and Regulatory Authority, which shall be a body Authority. corporate to which section 28 of the Interpretation Act applies. (2) Reterences in this Act to any other relevant enactment are references to that enactment as amended. First (3) The provisions of the First Schedule shall have effect as to Schedule. the financial provisions of the Authority and otherwise in relation thereto. Sunctions of 5,—(1) The functions of the Authority are to— tae Authority. (a) regulate, monitor and enforce compulsory standard specification or technical regulations in relation to the process and practice connected with the manufacture, production, processing and treatment of commodities; (b) inspect any activity which is being carried out in or upon any premises in connection with— (i) the manufacture, production, processing or treatment of any commodity; (a) the process or practice for which a compulsory standard specification has been declared under section 7(7) of the Standards Act; or (ai) the process or practice for which a technical regulation is declared by the Minister, under section 11(1)(e) of the Standards Act; (c) inspect commodities at ports of entry and in the domestic market; e e (d) (e) Ci) (g) (h) ) @) (k) 0) (m) The National Compliance and Regulatory [No. ] Authority Act, 2023 ensure that the compulsory standard specification, or the technical regulations for processes and practices, are observed in relation to commodities; enforce compulsory standard specification or technical regulations connected to weighing and measuring equipment used for trade which are manufactured in or imported into Jamaica; promote the interest, growth and efficiency in the development of regulated practices connected with the manufacture, production, processing and treatment of commodities in Jamaica; provide technical advice to the Minister and to the persons engaged in the development of compulsory standard specification or technical regulations and quality assurance; engage in consultation, assistance and other services within the regulated industries connected with the manufacture, production, processing and treatment of commodities; investigate and institute the necessary prosecution, where there are breaches of the Processed Food Act; engage any services necessary to perform the functions of the Authority; issue certificates of registration in accordance with section 3 of the Processed Food Act, to establishments engaged in the manufacturing and processing of any prescribed food for export or sale; take samples, inspect documents, test weighing and measuring equipment used for trade and seize and remove items in accordance with the Weights and Measures Act; request the production of documents and other information to assess compliance with compulsory standard specification. standard specifications, and technical regulations; [No. ] (n) (0) (P) (q) The National Compliance and Regulatory Authority Act, 2023 in accordance with section 10 of the Processed Food Act— (i) enter premises, within a reasonable time, to imspect operations or investigate complaints arising out ofa failure by a commercial entity to observe compulsory standard specification, or technical regulations; (ii) conduct inspections on any operation which is being carried out in or upon any premises in connection with the manufacture, production, processing or treatment of any commodity; pravide guidance pertaining to weighing and measuring equipment for trade; carry outregulatory functions previously undertaken by the Bureau of Standards, under any enactment, instrument or agreement; and pertorm such other functions pertaining to the manufacturing, preduction or processing of commodities or to the weights and measures industry as may be assigned to the Authority, from time to time, by the Minister, under this Act, or under any other relevant enactment. (2) In performing the functions specified in subsection (1), the Authority may— (a) (b) (c) (d) esteblish procedures and develop, implement and monitor plans and programmes relating to commodities; charge fees for services provided; consult with other agencies of Government that carry out functions in relation to standard specification, compulsory standard specification, and the Jamaican reference standards as outlined in section 4 of the Weights and Measures Act; do such other things as may be expedient or necessary for the proper performance of the functions of the Authority uncer this Act or any other relevant enactment. The National Compliance and Regulatory [No. ] 7 Authority Act, 2023 Board of Directors 6.—(1) For the purposes of this Act, there is established a Board of Establishment Directors of the Authority. of the Board. (2) The provisions of the Second Schedule shall have effect as Second to the constitution and procedures of the Board and otherwise in Schedule. relation to the Board. 7.—(1) Subject to the provisions of the Act, the Board shall be Functions of responsible for the policy, strategic direction and governance of the ae Authority. (2) Inthe performance of its functions, the Board shall— (a) monitor the administrative operations of the Authority, (b) advise the Minister on matters of general policy relating to the management, development and encouragement ofan efficient, regulated commodities industry; (c) ensure that the Authority receives and manages the funds allocated to the Authority through budgetary allocations by the Government and charges for services rendered by the Authority in a prudent manner; and (d) do all such things as the Board reasonably considers necessary or expedient for carrying out the functions of the Board. 8. The Minister may, after consultation with the chairman of the Minister may Board, give directions, in writing, ofa general character, as to the policy pat, to be followed by the Board in the performance of the functions ofthe the Board. Board, as appear to the Minister to be necessary in the public interest; and the Board shall give effect to the directions. Appointment of Chief Executive Officer 9.—(1) Subject to subsection (2), the Board shall appoint a Chief Apointment Executive Officer, at such remuneration and on such terms and conditions oe ~ a as the Board, after consultation with the Minister with responsibility for Officer. the Public Service, shall consider appropriate. The National Compliance and Regulatory Authority Act, 2023 (2) The Chief Executive Officer shall be an individual who— (a) (b) (c) (d) possesses the knowledge, skills and experience which are necessary for the intended functions to be carried out by that individual; is able to exercise competency, diligence and sound Judgment in fulfilling these functions; appears to the Board to be a person of integrity; and has not been convicted of an offence involving fraud, dishonesty or moral turpitude. Functions of 10. In accordance with the competencies listed under section 9(2), the Chief Executive Officer. (a) (b) (c) (d) (e) (f) Second Schedrle. (g) (h) the Chief Executive Officer shall be responsible for— the proper carrying out of this Act and the day-to-day management of the Authority; the planning, organizing, controlling, directing, supervising and coordinating of the activities of the Authority; the development of programmes, performance targets and services or standards of the Authority for the approval of the Board: the implementation of programmes, performance targets and services referred to in paragraph (c); the preparation and submission of the strategic, corporate anc other plans for the approval of the Board; ensuring administrative support for the Board and any corimittee established under paragraph 13 of the Second Schedule, as may be required; ens.ring that the Board is kept informed on matters relevant to the administration and management of the Authority; and the performance of such other functions as are conferred upon the Chief Executive Officer by the Board or under this Act or any other enactment. The National Compliance and Regulatory [No. ] Authority Act, 2023 Administration 11.—(1) For the purpose of carrying out the provisions of this Act, the Chief Executive Officer, after consultation and with the approval o the Board, may appoint and employ to any office in the Authority, such other officers or employees, at such remuneration and on such terms and conditions as the Authority considers necessary. (2) Except with the approval of the Minister responsible for the public service— (a) no salary in excess of the prescribed rate shall be assigned to any office specified in subsection (1); and (b) no appointment shall be made to any such office to which a salary more than the prescribed rate is assigned. (3) In this section, “prescribed rate” means such rate as the Minister responsible for the public service may prescribe, by order, subject to affirmative resolution. (4) The Governor-General may, on the recommendation of the Public Service Commission and subject to such conditions as may be recommended, approve the appointment of any public officer in the service of the Government to any office within the Authority and any public officer so appointed shall, while so employed, in relation to any pension, gratuity or other allowance and other rights as a public officer, be treated as continuing in the service of the Government. (5) The Chief Executive Officer shall consult with and receive the approval of the Board in establishing the qualifications for the various offices within the Authority. 12. The Authority may, after consultation with the Minister, and with the approval of the Minister responsible for the public service, enter into arrangements or make regulations respecting schemes (whether by way of insurance policies or otherwise) for— (a) medical benefits, gratuities and other retiring benefits; or (b) disability or death benefits relating to the officers and employees of the Authority and, Appointment f of officers and employees. Pension, gratuities and other retiring benefits. 10 Obligations of secrecy. Indemnity. Appointment of Inspectors. Form A. Fourth Schedule. [No. ] The National Compliance and Regulatory Authority Act, 2023 such arrangements may include provisions for the grant of benefits to the dependants and the legal representatives of such officers and employees. 13.—{1} Every person having an official duty or being employed in the administration of this Act shall— (a) regard and deal with as secret and confidential, all information or documents relating to the functions of the Authority obtained by the person during the performance of the duties of the person or otherwise; and (b) be bound by the provisions of the Official Secrets Act. (2) Aperson to whom information is communicated by a person in subsection (1) shall regard and deal with the information as secret and confidential. (3) Aperson who contravenes subsections (1) or (2) commits an offence and is liable on summary conviction, in a Parish Court, toa fine not exceeding one million dollars and in default of payment of the fine, to imprisonment for a term not exceeding twelve months. 14. No action, sui:, prosecution or other proceedings shall be brought or instituted personally against any officer or employee of the Authority or amember of the Board in respect of any act done, in good faith, in execution or intended execution of this Act. 15.—(1) Subject to the provisions of this Act or any other relevant enactment, the Authority may, from time to time, appoint, from among persons having such qualifications as may be prescribed, such number and categories of Inspectors in accordance with section 16 of the Weights and Measures Act and section 9 of the Processed Food Act, as the Authority considers necessary, for the efficient discharge of the functions conferred or imposed on Inspectors by or under this Act or any other relevant enactment. (2) Every Inspector shall be furnished with a certificate of appointment in the form prescribed as Form A in the Fourth Schedule. (3) The Authority shall cause a notice of every appointment under subsection (1), to be published in the Gazette. The National Compliance and Regulatory [No. ] 11 Authority Act, 2023 (4) The Authority shall issue each Inspector with an identification card in the form set out as Form B of the Fourth Schedule. Form B. (5) An Inspector shall, upon entering any place for carrying into effect any of the functions specified in section 16, produce the identification card issued pursuant to subsection (4) to the owner, operator or person in charge of the premises to be inspected. (6) Where, for any reason whatsoever, a person ceases to be employed under the Act as an Inspector, that person shall forthwith return to the Authority, the identification card issued pursuant to subsection (4). 16.—(1) An Inspector shall— Functiors of . ; . . Inspectors. (a) inspect premises to ensure compliance with— (i) the provisions of this Act or any other relevant enactment; and (ii) any conditions subject to which a certificate or permit is granted under the Act or any other relevant enactment; (b) establish and maintain records of such matters as may be specified by the Authority; (c) report generally to the Authority at such time and in such manner as the Authority may determine; (d) perform such other functions as may be prescribed or as may be authorized by the Authority under this Act or any other relevant enactment; and (e) provide guidance pertaining to the manufacturing or processing of commodities. (2) An Inspector shall retain all the powers conferred under this Act or any other relevant enactment. PART II.—Offences and Penalties 17.—{1) Aperson commits an offence if that person— Offences. (a) uses for trading, any unit of measurement which is not included in the First Schedule to the Weights and Measures Act; 12 [No. ] The National Compliance and Regulatory Authority Act, 2023 (b) uses the carat (metric) for trade except for the purposes of transactions in precious stones or pearls; (c) uses the ounce troy for trade, except for the purposes of transactions in, or in articles made from, gold, silver or other precious metals, including transactions in gold or silver thread, lace or fringe; (d) assaults or obstructs an Inspector acting in the execution of his duty under this Act or any other enactment; (e) bribes or attempts to bribe an Inspector, or other officer or employee in connection with any matter arising in the exercise or perfcrmance of his functions under this Act; (f) being a Inspector, or other officer or employee, accepts a brite in connection with any matter arising in the exercise or performance of his functions under this Act; (g) contravenes a provision of this Act. (2) Subsection 1 (a), (b) or (c) shall not apply to a transaction in connection with the export of goods to a country where a system of units of measurement, other than those authorized by this Act or any other enactment, is used for trade. (3) A person who contravenes subsection (1)(a), (b) or (c) commits an offence and shall be liable, on summary conviction before a Judge of the Parish Court, to a fine not exceeding three million dollars and in addition. anv measure or weight used, or in the person’s possession for use, in coniravention of subsection 1(a), (b) or (c), shall be liable to be forfeited. (4) A person who contravenes subsection (1)(d), (e), (f) or (g) commits an offence and shall be liable, on summary conviction before a Judge of the Parish Court, to a fine not exceeding three million dollars, or to a term of :mprisonment not exceeding twelve months. (5) The Authority may investigate and institute the necessary prosecution in relation to an applicable offence. The National Compliance and Regulatory [No. ] Authority Act, 2023 (6) An applicable offence referred to in subsection (5) shall include— (a) any offence under the following provisions of the Processed Food Act, namely— @) section 3 (Registration of establishments); (ii) section 5 (Food used or produced in an establishment to be wholesome); (iii) section 6 (Prescribed food to be packed in prescribed containers); (iv) section 7 (Prescribed food to be correctly labelled and packed); (v) section 8 (Prescribed food to be certified as being fit before being exported or sold); (vi) section 15 (Offences); and (b) any offence under the following provisions of the Weights and Measures Act, namely— @) section 11 (Sale of goods by weight or measurement); (ii) section 12 (Sale of pre-packed goods by weight or measurement); (ii) section 13 (Seller to weigh or measure goods in buyer’s presence if requested); (iv) section 14 (Short weight, efc.); (v) section 15 (Deceptive packaging); (vi) section 23 (Offences); (vii) section 25 (Offences by corporations or associations); (viii) section 27 (Offences due to default of third person). 13 14 National Compliance and Regulatory Authority Appeal Tribunal. Third Schedule. Appeal. Amendment of monetary penalties by order. Regulations. [No. ] The National Compliance and Regulatory Authority Act, 2023 PART IV—Appeal 18.—(1) For the purposes of hearing appeals under section 19, there is established, a tribunal to be called the National Compliance and Regulatory Authority Appeal Tribunal. (2) The provisions of the Third Schedule shall have effect as to the constitution and proceedings of the Tribunal and otherwise in relation thereto. 19. (1) Any person aggrieved by a decision of the Authority in pursuance of its regulatory functions under this Act, may, within four teen days of the date on which that person receives notice of that decision, appeal, in writing, to the Tribunal, setting out the grounds of the appeal and providing copies of any documents relevant to the appeal. (2) Copies of the appeal, the grounds of the appeal, and any documents relevant to the appeal shall be served on the Authority. (3) The Tribunal shall, within seven days of receiving the appeal, request from the Authority, the reasons for the decision of the Authority and the Authority shall, in writing, provide the reasons, within fourteen days of the request of the Tribunal. PART V.—Miscellaneous Provisions 20. The Minister, after consultation with the Minister responsible for finance, may, by order, subject to affirmative resolution, amend any monetary penalty specified in this Act or any regulations made under this Act. 21.—(1) The Minister may make regulations for such matters as may be necessary or expedient for the purpose of this Act. (2) Without prejudice to the generality of the foregoing, regulations mav provide for all or any of the following— (a) withrespect to the inspection and verification of commodities, processes and practices and the entry upon premises for these purposes; The National Compliance and Regulatory [No. ] Authority Act, 2023 (b) the condemnation, seizure, detention and disposal of any commodity or class of commodity which— (i) does not conform to the compulsory standard specification or technical regulations; (ii) does not comply with labelling regulation under the Standards (Labelling of Processed Food) Regulations. (3) Notwithstanding section 29 of the Interpretation Act, regulations made under this section may prescribe greater penalties than those specified in that Act, and the maximum penalty that may be so prescribed shall be a fine not exceeding three million dollars, or imprisonment for a term not exceeding twelve months. 22. The enactments specified in the first column ofthe Fifth Schedule are amended, respectively, to the extent specified in the second column of that Schedule, in relation to them. PART VI.—Existing Licence 23. Alicence or any other authorization with respect to commodities, granted by the Bureau of Standards existing on the commencement date, shall continue to have effect until the expiry thereof and in accordance with the terms thereof. 15 Consequential amendments. Fifth Schedule. Existing licence or other authorization. 16 Funds and resources of the Authority. Estimate of income and expenditure. Power to invest money. The National Compliance and Regulatory Authority Act, 2023 FIRST SCHEDULE (Section 4(3)) The Authority Financial Provisions, Accounts and Reports 1.—{(1) The funds and resources of the Authority shall consist of— (a) such sums as may, from time to time, be placed at the disposal of the Authority for the purposes of this Act, by Parliament; and (b) all other sums and other property which, in any manner, become payable to or vested in the Authority in respect of any matter relating or incidental to the functions of the Authority. (2) The expenses of the Authority, including the remuneration of the officers and employees, shall be paid out of the funds of the Authority. 2. Tae Authority shall, in each financial year, before a date specified by the Minister, submit to the Minister for the approval of the Minister— (a) estimates of the income and expenditure for the ensuing financial year; (b) an operating plan for that year, as to the projects to be— (i) promoted by the Authority; (ii) sponsored by the Authority; (c) the operational framework within which the Authority shall carry out the functions of the Authority; and (d) details of such other related matters as the Minister may require. 3. Allmoneys of the Authority, not required to be expended for the purpose of meeting any of the obligations or discharging any of the functions of the Authority, may be invested in such securities as the Authority may, after consultation with the Minister respons-ble for finance, consider appropriate and the Authority may sell éll or any of such securities. The National Compliance and Regulatory [No. ] Autharity Act, 2023 4—(1) Subject to the provisions of subsection (2), the Borrowing Authority may borrow sums required by the Authority for meeting powers. any of the obligations or discharging any of the functions of the Authority. (2) The power of the Authority to borrow shall be exercisable only with the approval cf the Minister responsible for finance— (a) as to the emount, the source of borrowing and the terms on which tae borrowing may be effected; and (b) any approval given in any respect for the purposes of this subsection may be either general or limited to a particular borrowing or otherwise, and may be either unconditional or subject to conditions. (3) In this section, “borrow” includes obtaining advances. 5.—{1) The Authority shall keep proper accounts and other records in relation to tne business of the Authority and shall prepare annually, a statement of accounts, in a form satisfactory to the Minister, being a form, which conforms with established accounting principles and with the requirements of any enactment governing the accounts of public bodies. (2) The Auditor General may, at any time, examine the accounts of the Authority. (3) The accounts cf the Authority shall be audited annually by the Auditor General or an auditor appointed by the Authority, with the approval of the Minister. (4) An auditor appointed under paragraph (3) shall be a registered public accountant within the meaning of section 2 of the Public Accountarcy Act. (5) Notwithstanding the requirements of the Public Bodies Management and Accountability Act, the external audit of the accounts of the Authority shall be conducted by the Auditor General or such other auditors as the Minister may approve. (6) The members of the Board, officers and employees of the Authority shall— (a) grant to the auditor appointed under subparagraph (2), access to all books and other documents, cash and securities of the Authority; and (b) give to the auditor, upon request, all such information as may be within their knowledge in relation to the business of the Authority. Audiz. 17 18 [No. ] Annual report. Recovery of debts. Seal and authen tication of documents. The National Compliance and Regulatory Authority Act, 2023 (7) The auditor’s fees and any expenses of the audit shall be paid by the Authority. (8) The Auditor-General shall be entitled, at all reasonable times, to examine the accounts and other records in relation to the business of the Authority. 6.—{(1) The Authority shall, as soon as practicable or within four months after the end of each financial year or such longer period as the Minister may, in special circumstances approve, cause to be made and transmitted to tae Minister— (2) a report dealing generally with the activities of the Authority during or immediately preceding the financial year; (b) astatement of the accounts of the Authority audited in accordance with paragraph 5; (c) a report containing such information relating to the proceedings and policy of the Authority as can be made public without detriment to the interest of the Authority. (2) The Minister shall cause a copy of the reports mentioned in paragraph (1)(a) and (c), together with the annual statement of accounts and the auditor’s report thereon, to be laid on the respective tables of both Houses of Parliament. (3) The Authority shall, no later than the 1st day of January in each year, submit estimates of revenue and expenditure for the ersuing financial year to the Minister responsible for finance. 7. Notwithstanding any limitation as to the amount recoverable under the Judicature (Parish Courts) Act, and without prejudice to ary other method of recovery, all debts due to the Authority may be recovered in a Parish Court as a civil debt. 8.—{1) The Authority shall have a common seal which shall be kept in the custody of the chairman or the secretary, or any other member of the Board authorised to act in that behalf by the Board. (2) The seal of the Authority shall be authenticated by the signature of the chairman, the secretary or any other member of the Bcard authorized to act in that behalf by the Board. (3) All documenis (other than those required by law to be under seal) and all decisions of the Board, may be signified under the hand of the chairman or the secretary of the Board. The National Compliance and Regulatory [No. ] Authority Act, 2023 SECOND SCHEDULE (Sections 6(2) and 10(f) Constitution and Procedures of Board of Directors of the Authority 1. The Board shall consist of one ex-officio member and twelve members appointed by the Minister, by instrument in writing, being individuals who appear to the Minister to be appropriate for appointment under this paragraph (hereinafter referred to as the “appointed members”). 2.—{(1) The ex-officio member of the Board shall be the Chief Executive Officer of the Authority. (2) The appointed members of the Board shall include— (a) (b) (c) ) (e) ) (g) an attorney-at-law of at least ten years’ experience; an individual appointed by the Minister who has been employed in a senior management capacity in the service of the Government; an individual, nominated by a body, appearing to the Minister to possess the knowledge, skills and experience in the development of standards and related areas such as technical regulations, quality, conformity assessment or metrology; an individual appearing to the Minister to possess the knowledge, skills and experience in any of the following disciplines, that is to say, Chemistry, Biology, Food and Nutrition, Engineering or a related field; an individual, nominated by a body, appearing to the Minister to represent the interests of agriculturists; an individual, nominated by a body, recognized by the Minister as representing the interests of consumers; three individuals who are knowledgeable and experienced in— (i) manufacturing; or (i) the wholesale of commodities; and 19 Constitution of the Board. Appointment. 20 [No. ] Chairman and deputy chairman. Temporary appoint ments. Tenure of office. Vacanicies. The National Compliance and Regulatory Authority Act, 2023 (h) three individuals who shall be selected from persons whe appear to the Minister to be qualified as having had the experience of and show capacity in matters relating to human resource, industry, finance, economics, accountancy, commerce or law. 3.—{1) The Minister shall appoint a chairman and a deputy chairman from among the appointed members. (2) Ifthe chairman is absent or unable to act at any meeting, tke deputy chairman shall exercise the functions of the chairman. (3) If the chairman and the deputy chairman are absent from, or unable to act at any meeting, members of the Board present at the meeting shall elect one of their number to act as chairman at that meeting. 4. The Minister may, in keeping with the composition of the Board, appoint an individual to act temporarily in the place of any member of the Board, in the case of the absence or inability to act of such member. 5.—(1) A member shall be appointed for such period, not exceeding three years, as may be specified in the instrument of appointment. (2) Every appointed member of the Authority shall be e igible for reappointment. 6.—{1) The office ofa member of the Board shall become vacant if (a) the member resigns his office; (b) the appointment of the member is revoked in accordance with paragraph 7; or (c) the member dies. (2) Where a vacancy occurs in the membership of the Board, such vacancy shall be filled by the appointment of another member who shall, subject to the provisions of this Schedule, hold office for the remainder of the period for which the previous member was appointed, however, such appointment shall be made in the same manner and from the same category of persons as the appointment o- the previous member. The National Compliance and Regulatory [No. ] Authority Act, 2023 21 7. The Minister may, at any time, revoke the appointment of a Revocation member of the Board if that member— (a) (b) (c) (d) ©) ) (g) @ becomes of unsound mind or becomes permanently unable to perform his functions by reason of ill-health; is being managed by the Government Trustee or becomes bankrupt within the meaning of section 2 of the Insolvency Act or compounds with, or suspends payment to his creditors; is convicted of an offence involving fraud, dishonesty or moral turpitude; has engaged or is engaging in conduct which, in the opinion of the Minister, disqualifies the member from holding office on the Board; has engaged or is engaging in such activities as are reasonably considered prejudicial to the interest of the Authority; fails to attend three consecutive meetings of the Board without the leave of the chairman; is the chairman or the deputy chairman and fails to attend three consecutive meetings of the Board without the leave of the Minister; fails to carry out the functions of the office as specified by or under this Act; or is convicted and sentenced to a term of imprisonment. 8.—(1) On the application of any member, the Minister may grant leave of absence to the member. (2) The Minister may direct a member to proceed on leave of absence if the member has been charged with an offence involving fraud, dishonesty or moral turpitude, an offence listed in the Proceeds of Crime Act or an offence that is similar to any such offence in another jurisdiction. 9.—(1) The chairman may, at any time, resign his office by instrument, in writing, addressed to the Minister. (2) The resignation shall take effect as from the date of receipt by the Minister of the instrument. of appointment Leave of absence. Resignation. ho i) Publication in Gazette. Remunera tion of members. Meetings. Appointment of committees. The National Compliance and Regulatory Authority Act, 2023 (3) Amember of the Board, other than the chairman may, at any time, resign his office by instrument, in writing, addressed to the Minister and transmitted through the chairman. (4) From the date of the receipt by the Minister of such instrument, the member shall cease to be a member of the Board. 10. The appointment, resignation, revocation of appointment oz dea-h ofa member of the Board shall be published in the Gazette. 11. There shall be paid from the funds of the Authority, to the chairman, deputy chairman and other members of the Board, such remuneration (whether by way of honoraria or allowances) as the Minister responsible for finance may determine. 12—(1) The Board shall meet at such times as may be necessary or expedient for the transaction of business, and such meetings shall be held at such places and times and on such days and utilizing such modalities as the Board shall determine, however, the Board shall meet not less than ten times a year and any appointed member absent for three consecutive meetings shall automatically forfeit his seat, unless the member was ill or, with the prior permission of the chairman, the member was so absent. (2) The chairman may, at any time, call a special meeting and shall call a special meeting to be held within seven days ofa written request for that purpose addressed to the chairman by any two members of the Board. (3) The quorum of the Board shall be seven. (4) Subject to the provisions of this Act, the Board may regulate its own proceedings. (5) The validity of the proceedings of the Board shall not be affected by any vacancy amongst the members thereof, or by any defect in the appointment of a member thereof. 13.—(1) The Board may establish committees and appoint or co-op: members of the committees to carry out specific tasks as c:rected. (2) Acommittee appointed pursuant to paragraph (1) may include persons who are not members of the Board, but shall incluce at least two persons who are appointed members of the Board. (3) The number of members of a committee shall not exceed seven. The National Compliance and Regulatery [No. ] Authority Act, 2023 (4) The functions of the committees shall be determined by the Board. 14. Minutes in the proper form of each meeting shall be kept and shall be confirmed as soon as practicable at a subsequent meeting. 15.—{1) A member who is in any way directly or indirectly interested in a contract made or proposed to be made by the Board, or in any other matter which is to be considered by the Board, shall forthwith disclose, or cause to be disclosed, the nature of the interest at a meeting of the Board, and the disclosure shall be recorded in the minutes of the meeting and the member shall not— (a) inthe case ofa contract, take part in any deliberation or decision of the Board with respect to the contract; and (b) in the case of any other matter, take part in any deliberation or decision of the Board with respect to the matter if the Board decides that the interest in question might prejudicially affect the consideration of the matter by the member. (2) Anotice given by a member at a meeting of the Board to the effect that he is a member of a specific company, firm or other entity and is to be regarded as interested in any contract which is made after the date of the notice with the company, firm or entity shall, for the purposes of subparagraph (1). be a sufficient disclosure of the interest of the member in relation to any contract so made. (3) Amember need not attend, in person, a meeting of the Board in order to make a disclosure which the member is required to make under this paragraph, if the member takes reasonable steps to ensure that the disclosure is made by notice which is taken into consideration and read at such a meeting. 16.—(1) The seal of the Board shall be— (a) kept in the custody of the chairman, the Secretary or any other member of the Board authorised to act in that behalf by the Board; and (b) authenticated by the signatures of the chairman, the Secretary or any other member of the Board authorized to act in that behalf by the Board. Minutes of meetings. Disclosure of interest. Seal and aithen tication of documents. 24 Service of documents. Delegation of powers of the Board. Indemnity. Office of chairman or member nct a public cffice. The National Compliance and Regulatory Authority Aet, 2923 (2) Ali documents (other than those required by law to be under seal) made by, and all decisions of the Board, may be sign:-fied under the hand of the chairman or any member authorized to act m that behalf. 17. Any summons, notice or other document required or author-zed to be served upon the Authority under the provisions of this or any other enactment may, unless there is express provision to the contrary, be served by delivering same to the chairman or Secretery, or by sending it bv registered post addressed to the chai-man or the Secretary at the principal office of the Authority. 1&.—{1) Subject to the approval of the Minister, the Board may delezaie to any member or committee of the Board or to any of the officers or employees of the Authority, the power and authority to carry cat such functions as the Board may determine. (2) Every delegation under this paragraph shall be revocable by the Board and no delegation shall prevent the exercise by the Board of any function delegated. 19—{1) No action, suit, prosecution or other proceeding shall be trought or instituted personally against any member of the Boacd n respect of any act done in good faith, in pursuance of, or intended execution of this Act. (2) Where any member of the Board is exempt from liability by reason only of the provisions of this paragraph, the Authority shal. bz liable to the extent that it would be if the member were an officer or an employee of the Authority. 20. The office of chairman, deputy chairman or member of the Board shall not be a public office for the purposes of Chapter V of the Constitution of Jamaica. The National Compliance and Regulatory [No. ] Authority Act, 2023 THIRD SCHEDULE (Section 18) National Compliance and Regulatory Authority Appeal Tribunal 1. The National Compliance and Regulatory Authority Appeal Tribunal (hereinafter called the “Tribunal”) shall consist of at least three members appointed by the Minister as follows— (a) at least one member shall be an attorney-at-law who has practised for at least ten years; and (b) the other members shall be selected from among persons who appear to the Minister to be qualified as having had the experience of, and shown capacity, in matters relating to standards development, conformity or metrology and related areas, chemistry, biology, food and nutrition or engineering. 2.—(1) An attorney-at-law appointed under paragraph 1 shall be the chairman of the Tribunal. (2) Inthe case of the absence or inability of the chairman to act at any sitting, the members of the Tribunal present at the meeting shall elect one of their number to act as the chairman at that sitting. 3.—(1) A matter referred to the Tribunal shall be heard and determined by the Tribunal. (2) The Tribunal may co-opt other persons who are not members of the Tribunal, who in the opinion of the Tribunal, have the requisite expertise in any matter before the panel for the purpose of advising the panel on that matter. 4.—(1) Amember of the Tribunal who has an interest, whether directly or indirectly, in any matter brought before the Tribunal-— (a) shall, by notice, disclose the nature of the interest at a sitting of the Tribunal; and (b) shall not take part in any deliberation or decision of the Tribunal with respect to that matter. (2) Anotice given by a member at a sitting of the Tribunal to the effect that the member is interested in any appeal before the Tribunal shall, for the purposes of subparagraph (1), be a sufficient disclosure of the interest of the member in relation to an appeal. 25 Constitution of Tribunal. Chairman. Hearing panel. Disclosure of interest. 26 [No. ] Tenure of office. Acting appointments. Resignation. Revocation of appointment. The National Compliance and Regulatory Authority Act, 2023 (3) Amember need not attend in person at a sitting of the Tribuaal in order to make a disclosure which the member is required tc maxe under this paragraph if the member takes reasonable steps te ensure that the disclosure is made by notice which is taken into consideration and read at the sitting. (4) Where the Minister, or any person authorized by the Minister, is satisfied that a member of the Tribunal is unable to carry out the duties of that member properly and effectively because of any conflict of interest or potential conflict of interest in a matter before the Tribunal, the Minister may replace that member or direct that member to abstain from taking part in any proceedings relating ta any matter affected by the conflict of interest or potential conflict of interest. 5. The members of the Tribunal shall, subject to the provisions of this Schedule, hold office for a period, not exceeding two years, oz as the Minister may determine, and shall be eligible for re-appointment. 6. The Minister may appoint any person to act in the place of the chairman or any other member of the Tribunal in the case of the absence, inability or refusal to act. 7.—(1) Any member of the Tribunal other than the chairman may, at any time, resign the office by instrument, in writing, addressed to the Minister and transmitted through the chairman, and from the date of the receipt by the Minister of the instrument, that member shall cease to be a member of the Tribunal. (2) The chairman may, at any time, resign the office by instrument, in writing, addressed to the Minister and the resignation shall take effect as from the date of receipt by the Miniser of that mstrument. 8. The Minister may terminate the appointment of any member oz the Tribunal who— (2) becomes of unsound mind or becomes permanently unable to perform the functions of the member by reason of ill health; (hb) is declared a bankrupt pursuant to section 2 of the Insolvency Act; (c) is convicted and sentenced to a term of imprisonment or to death; The National Compliance and Regulatory [No. ] (d) €) ty) (g) (h) Authority Act, 2023 is convicted of any offence involving fraud, dishonesty or moral turpitude; fails to attend three consecutive hearings of the Tribunal without reasonable excuse; has engaged or is engaging in conduct which, in the opinion of the Minister, disqualifies the member from holding office on the Tribunal; fails to carry out the functions conferred or imposed on the member by this Act; or engages in such activities as are reasonably considered prejudicial to the interest of the Tribunal. 9. If any vacancy occurs in the membership of the Tribunal, such vacancy shall be filled by the appointment of another member who shall, subject to the provisions of this Schedule, hold office for the remainder of the period for which the previous member was appointed, so however, that the appointment shall be made in the same manner and from the same category of persons as the appointment of the previous member. 10. The names ofall members of the Tribunal as first constituted and every change in the membership thereof shall be published in the Gazette. 11. There shall be paid to the chairman, deputy chairman and other members of the Tribunal, in respect of each appeal, remuneration, whether by way of honorarium, or allowances as may be determined by the Minister responsible for finance. 12. Every appeal to the Tribunal shall— @) (b) be in writing; and state the grounds of appeal. 13.—{1) The proceedings before the Tribunal shall, as nearly as possible, be conducted in the same way as proceedings before a court of law and in particular, the following provisions shall have effect in respect thereof— (@) notice of the time and place at which the proceedings are to be held shall be given to the parties to the dispute, and the notice shall be of not less than ten days; 27 Filling of vacancies. Publication of membership. Remunera tion of members. Form of appeal. Proceedings of Tribunal to be conducted similar to proceedings before court of law. 28 [No. ] The National Compliance and Regulatory (b) Authority Act, 2023 a record of the evidence adduced before the Tribunal shall be made, dated and signed by the members; documents produced as exhibits before the Tribunal shall be marked, dated and initialled by the chairman and shall be attached to the file of the proceedings; and in the absence of any party duly notified to attend, the dispute may be decided by the Tribunal ex parte. (2) The Tribunal may, in relation to an appeal— (a) dismiss the appeal and confirm the decision of the Authority; (b} allow the appeal and set aside the decision of the Authority; or (c] allow the appeal and return the proceedings to the Authority for a new hearing or such other action as the Tribunal thinks fit; (d) vary the decision. (3) The decision and the reasons for the decision of the Tribunal shall— (a] be given in writing to the appellant; (bi be dated and signed by the members; and (c] state the amount of the costs and expenses of the appeal, ifany, and by which party or parties to the dispute the costs are to be paid; (di the decision of the Tribunal shall be by a majority of votes of the members hearing the appeal; and in addition to an original vote, the chairman shall have a casting vote in any case in which the voting is equal. (4) Upon the completion of the proceedings, the Tribunal shall forward to the Authority the file of the proceedings and the decision. Regulation of 14, Subject to the provisions of this Act, the Tribunal shall proceedings. regulate its own proceedings. Office of 15. The office of chairman or member of the Tribunal shall not chairman Or be a public office for the purposes of Chapter V of the Constitution member of Tribunal not public office. of Jamaica. The National Compliance and Regulatory [No. ] Authority Act, 2023 FOURTH SCHEDULE Section 15(2) and (4) ForM A The National Compliance and Regulatory Authority Act Certificate of Appointment of Inspector This certifies that whose signature and photograph appear hereunder has been appointed by the National Compliance and Regulatory Authority, pursuant to section 15 of the National Compliance and Regulatory Authority Act, to 5e anInspectoronthe —dayof ; Chief Executive Officer, National Compliance and Regulatory Authority. Inspector PHOTOGRAPH FORM B The National Compliance and Regulatory Authority Act Identification of Inspector PHOTOGRAPH Inspector’s Signature This certifies that whose signature and photograph appear on this card, has been appointed 29 30 [No. ] Tne National Compliance and Regulatory Authority Act, 2023 INSPECTOR under The National Compliance and Regulatory Authority Act Chief Executive Officer Nationa! Compliance and Regulatory Authority. FIFTH SCHEDULE (Section 22) Consequential Amendments First Column Second Column Enactment Amendment The Processed Food Act Section 2 1. Insert in the appropriate alphabetical sequence, the following definition— “ “Authority” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act;”. 2. Delete the definition of “inspector” and substitute therefor the following— “ “inspector” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act;”. Section 9 Delete subsection (1) and substituting therefor the following— “ (1) The Authority may, in accordance with section 15 of the National Compliance and Regulatory Authority Act, appoint such officers, as the Authority considers necessary or expedient for carrying out the provisions of this Act.”. Section 14 1. Delete the word “Bureau” wherever it appears and substitute therefor, in each case, the word “Authority”. 2. Delete subsection (4). Section 15 Section 15 is hereby repealed. The National Compliance and Regulatory [No. ] First Column Enactment The Standards Act Section 2 Section 5A Section 6 Section 7 Section 11 Section 15 Authority Act, 2023 Second Column Amendment Insert in the appropriate alphabetical sequence, the following definitions— “ “Authority” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act. Insert next after section 5, the following— “SA. By virtue of Part II of the National Compliance and Regulatory Authority Act, the Authority, shall have the power to regulate the processes and practices connected with the manufacture, production, processing and treatment of commodities for which a compulsory standard specification has been declared.”. Delete paragraph (f) and renumber the section accordingly. In subsection (7), delete the full stop and insert a comma and the words “or technical regulation.” immediately after the word “specification”. 1. Delete from subsection (1)(e), the words “inspection and”. 2. Delete from subsection (1)(f) the word “Bureau”, and substitute therefor, the word “Authority”. 3. Delete paragraph (i) of subsection (1), and renumber the remaining paragraphs accordingly. Insert a comma and the words “the Authority” immediately after the word “Bureau”, wherever it appears. [No. ] The National Compliance and Regulatory First Column Enactment The Weights and Measures Act Section 2 Sections 7 and 9 Section 10 Section 16 Sections 17, 18, 19,20 and 21 Section 22(4) and (5) Authority Act, 2023 Second Column Amendment 1. Insert in the appropriate alphabetical sequence, the following definition— “ “Authority” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act;”. 2. Delete the definition for the word “inspector” and substitute therefor the following— “ “Inspector” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act;”. Delete the word “Bureau” wherever it appears and substitute therefor, in each case, the word “Authority”. Section 10 is repealed. Delete subsection (1) and substitute therefor, the following— “ (1) Subject to section 15 of the National Compliance and Regulatory Authority Act, the Authority may appoint, from among persons having such qualifications as may be prescribed, such number and categories of Inspectors of weights and measures as the Authority considers necessary for the efficient discharge of the functions conferred or imposed on Inspectors by or under this Act.”. Delete the word “Bureau” wherever it appears and substitute therefor, in each case, the word “Authority”. Insert the words “and the Authority” immediately after the word “Bureau”. First Column Enactment The Bureau of Standards (Additional Functions) Regulations, 1980 Short title Regulation 1 Regulation 2 The Customs (Prohibition of Importation of Goods) Order, 1991 Paragraph 4 The Petroleum (Quality Control) Regulations, 1990 Regulation 2 The National Compliance and Regulatory [No. ] Authority Act, 2023 Second Column Amendment Delete from the short title the words “Bureau of Standards” and substitute therefor the words “National Compliance and Regulatory Authority”. Delete the words “Bureau of Standards” and substitute therefor the words “National Compliance and Regulatory Authority”. Delete the word “Bureau” and substitute therefor the word “Authority”. In subparagraph (4) (1)(b) delete the words “Bureau of Standards” and substitute therefor, the words “National Compliance and Regulatory Authority”. 1. Insert in the appropriate alphabetical sequence, the following definition— “ “Authority” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act;”. 33 34 [No. ] The National Compliance and Regulatory Authority Act, 2023 First Column Second Column Enactment Amendment 2. In the definition of “authorized agent”, delete the words “Jamaica Bureau of Standards” and substitute therefor the word “Authority”. 3. Delete the words “Bureau of Standards” wherever they appear, and substitute therefor, in each case, the word “Authority”. The Processed Food (Estab lishments) Regulations, 1959 In these Regulations, delete the word “Director”, wherever it appears and substitute therefor, in each case the words “Chief Executive Officer”. Regulation 2 Delete regulation 2 and substitute therefor the following— “2. In these Regulations, “Chief Executive Officer” means the Chief Executive Officer of the National Compliance and Regulatory Authority”. The Processzd Food (Exemption) Regulations, 2002 Regulatian 2 1. Inregulation 2, insert in the appropriate alphabetical sequence, the following definitions— “ “Authority” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act; “ Board” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act; “ Chief Executive Officer” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act;”. The National Compliance and Regulatory [No. ] Authority Act, 2023 First Column Second Column Enactment Amendment 2. Delete the word “Director” wherever it appears and substitute therefor, in each case, the words “Chief Executive Officer”. 3. Delete the words “Bureau of Standards” and substitute therefor, the word “Authority”. Regulation 6 In regulation 6, delete the words “Standard Council” wherever they appear and substitute therefor, in each case, the word “Board”. The Processed Food (Fees) Regulations, 1985 Regulation 2 1. By inserting next after paragraph (1), the following as paragraph (1A)}— “ (1A) In these Regulations, “Authority” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act.”. 2. Delete the words “Jamaica Bureau of Standards”, and substitute therefor the word “Authority”. Regulation 3 Delete the words “Jamaica Bureau of Standards” and substitute therefor the word “Authority”. Schedule Delete the word “Bureau” and substitute therefor the word “Authority”. The Processed Food (General) Regulations, 1959 Regulation 2 1. Insert in the appropriate alphabetical sequence, the following definition— “ “Chief Executive Officer” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act;”. {> [No. ] The National Compliance and Regulatory First Column Enactment Regulation12 Regulation 14 Regulations 17 and 19 Third Schedule The Processed Food (Inspection and Sampling) Regulations, 1959 Regulation 2 Authority Act, 2023 Second Column Amendment Delete the words “Director of the Bureau of Standards” and substitute therefor, the words “Chief Executive Officer”. Delete the words “Director of the Bureau of Standard” and substitute therefor the words “Chief Executive Officer”. Delete the words “Director of the Bureau of Standards” and substitute therefor, in each case, the words “Chief Executive Officer”. In Forms B, C, D and E, delete the words “the Bureau of Standards” wherever they appear and substitute therefor, in each case, the words “The National Compliance and Regulatory Authority”. Insert in the appropriate alphabetical sequence, the following definitions— “ “Authority” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act; “Board” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act; “Chief Executive Officer” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act;”. “Inspector” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act;”. The National Compliance and Regulatory [No. ] First Column Enactment Regulation 3 Regulations 3, 4 and7 Regulation 6 The Public Health (Food Handling) Regulations, 1998 Regulation 2 Regulation 3 The Public Health (Tobacco Control) Regulations, 2013 Regulation 2 Authority Act, 2023 Second Column Amendment 1. Delete the words “Director of the Bureau of Standards” and substitute therefor, the words, “Chief Executive Officer”. Delete the words “or analyst” wherever they appear. Delete the word “analyst” and substitute therefor, the word “Inspector”. Insert in the appropriate alphabetical sequence, the following definition— “ “Authority” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act;”. In subparagraph (5)(1), delete the words “Bureau of Standards” and substitute therefor, the word “Authority”. Delete the definition of authorized officer, and substitute therefor the following— 6 66, ‘authorized officer” means— (a) amember of the Jamaica Constabulary Force; (b) acustoms officer under the Customs Act; (c) a Medical Officer (Health); (d) a person appointed under section 15 of the National Compliance and Regulatory Authority Act; or 37 38 The National Compliance and Regulatory Authority Act, 2023 First Column Second Column Enactment Amendment (e) any other person so designated by the Minister under these Regulations;”. The Standards (Labelling of Processed Food) Regulations, 1974 Delete the word “Bureau” wherever it appears, and substitute therefor, in each case, the word “Authority”. The Standards Regulations, 1983 Regulation 2 Delete the definition of “inspector” and substitute therefor the following— «e ees inspector” has the meaning assigned to it in section 2 of the National Compliance and Regulatory Authority Act;”. Regulation 4 Delete from subparagraph (1), the word “inspector’s” and substitute therefor, the word “auditor’s”. Regulation 8B Insubparagraph (4), insert the words “and the Authority” after the word “Bureau”. Regulation 9 Delete the word “Bureau” and substitute therefor the word “Authority”. Regulation 10 In subparagraph (3) delete the word “Bureau” and substitute therefor the word “Authority”. Regulation Delete the word “Bureau” and substitute therefor, the 11A word “Authority”. Regulation 1. In subparagraph (2)(a), delete the word “Bureau” and substitute therefor the word “Authority”. 2. In subparagraph (3)(b) and (c), delete the word “Bureau” and substitute therefor the word “Authority”. The National Compliance and Regulatory [No. ] Authority Act, 2023 First Column Second Column Enactment Amendment Regulation 1. In subparagraph (7)(b), delete the word “Bureau” 11D and substitute therefor, the word “Authority”. 2. In subparagraph (9), delete the word “Bureau” wherever it appears and substitute therefor, in each case, the word “Authority”. First Delete from Part A the words “Bureau” and “Bureau’s” Schedule and substitute therefor the word “Authority” and “Authority’s”. respectively. The Trade (Prohibition of Importation) (Used Tyres) Order, 2012 Paragraphs 4 — Delete the words “Bureau of Standards” wherever they and 5 appear, and substitute therefor, in each case, the words The Weights and Measures (Prohibition of Non-Metric Measuring Equipment for Trade) Regulations, 1998 “National Cempliance and Regulatory Authority”. Delete the word “Bureau” wherever it appears, and substitute therefor, in each case, the word “Authority”. 39 40 [No. ] The National Compliance and Regulatory Authority Act, 2023 First Colunm Second Column Enactment Amendment The Weights and Measures (Testing) Regulations, 1986 Regulation 2 Insert in the appropriate alphabetical sequence, the following definition— “ “Authority” has the meaning assign to it under section 2 of the National Compliance and Regulatory Authority Act;”. Passed in the Senate this 21st day of April, 2023. THOMAS TAVARES-FINSON, OJ, CD, KC, JP President. Passed in the Honourable House of Representatives with one (1) amendment this 10th day of May, 2023. MARISA DALRYMPLE PHILIBERT, CD Speaker. On the 12th day of May, 2023 the Senate agreed to the amendments made by the House of Representatives. THOMAS TAVARES-FINSON, OJ, CD, KC, JP President. This printed impression kas been carefully compared by me with the authenticated impression of the foregoing Act, and has been Sound by me to be a true and correct printed copy of the said Act. > \. Rad - Va rn & (\- Caco