Ghana Accreditation Service Act, 2023 (Act 1102)

56. Repeal 2 Act 1102 .,. " �· ' ,,if, ' REPUBLIC OF GHANA ' • THOUSANl>O SECO • OF THE P I ENT OF THE REPUBLIC OF GHANA ENTITLED A AC DITATION SER CE ACT, 2023 ACT to establish the Ghana Accreditation Service, to provide for an efficient and effective accreditation system for the accreditation of conformity assessment bodies; to monitor conformity assessment activities and to provide for related matters. DATE OF ASSENT: 30 August, 2023. th PASSED by Parliament and assented to by the President Preliminary Application 1. 1 This Act applies to the accreditation of the following co ormity assessment bodies: a calibration laboratories a·nd testing laboratories; 3 Act 1102 Ghana Accreditation Service Act, 2023 • . bvalidation bodies and verification bodies; ccertification bodies; dinspection bodies; erating agencies; and. any other body. prescribed by the inister by Legislative Instrument. ' > 2 This Act does not apply to the education sector. Ghana Accreditation Se,vice Establis ent of the Ghana Acer.•. itation Service . . r_: ..� •- " - - 2. 1 There is established by this Act, the Ghana Accreditation Service as a body corporate. 2 The Service may, for the performance of the functions of the Service, acquire and hold property, dispose of property and enter into a contract or any other related transaction. 3 here there is a hindrance to. the acquisition of land, the land may be acquired for the Service under the Land Act, 2020 Act 1036 and . . ·- the cost shall be borne by the Service. Objects of the Service

3 — The objects of the Service are to

3. The objects of the Service are to a provide · an efficient and effective accreditation system for the accreditation of conformity assessment bodies; · b . support the needs of Ghanaian enterprises that are competing in the global economy; . c promote accreditation to support public poli� objectives in terms of health, safety and the environment; d promote accreditation to i facilitate international trade; and ii e · ance economic perf01·1r1ance of ·the country;• e promote mutual recognition of the results of accredited conformity assessment bodies; promote recognition and protect the use of the logo of the Service and other affiliated organisations; and · promote the accreditation of conformity assessment bodies including calibration laboratories, testing laboratories, certification bodies, inspection bodies, verification bodies and validation bodies. 4 Ghana Accreditation Service Act, 2023 Act 1102 Fu11ctions of the Service • '. 4. 1 To achieve the objects under section 3, the Service shall a provide a holistic approach to accreditation and monitori11g of conformity assessment bodies; establish and maintain facilities for the accreditation of conformity assessment bodies; c maintain the requisite systems and structures for the issue of licences to conformity assessment bodies to ensure compliance with the relevant accreditation criteria; provide for the registration and re lation of the use of accreditation symbols by conformity assessment bodies; e formulate and administer rules and procedures for the accreditation of confom1ity assessment activities; establish, keep and maintain a register of accredited conformity assessment bodies and related activities; undertake and promote educational work related to accreditation; h collect and dissemj11ate . . . ' ' i ormation related to accreditation, including publication of reports, pamphlets, booklets, journals and any other publication; participate in activities of international bodies concerned with accreditation and conformity; · cooperate with any individual, association or organisation within the country or outside the country, that has similar objects; institute training schemes related to accreditation and monitoring of comformity assessment within the country or outside the country; . ensure compliance with international accreditation standards and international accreditation criteria relevant to the functions under this Act; m obtain and maintain membership of regional and international accreditation bodies and participate in the activities and programmes of regional and international accreditation organ1sat1ons; • • 5 Act 1102 Ghana Accreditation Se111ice Act, 2023 n collaborate with national, regional and international standards bodies, and technical re latory and metrology organisations in matters related to accreditation; o advise Government on matters related to accreditation; and perform any other functions that are ancillary to the objects of the Service. 2 The Service may, in addition to the functions provided in subsection 1 , a develop and maintain library materials and articles relating.to accreditation that are acquired and preserved as reference materials; and appoint agents to perform a function of the Service within the country or outside the country. Governance o the Service Governing body of the Service , 5. 1 The governing body of the Service is a Council consisting of a a chairperson; the Director-General; c one representative of the inistry responsible for Trade and Industry not below the ra of a Director, non1i11ated by the • • • inister; one representative of the inistry responsible for Food and Agriculture not below the rank of a Director, nominated by the inister responsible for Food and Agriculture; e one representative of the inistry responsible for Environment, Science and Technology not below the ra of a Director, nominated by the inister responsible for Environment, Science and Technology; one representative of the inistry responsible for Health ·not below the ra of a Director, nominated by the inister responsible for Health; one representative of the inistry responsible for Ener ' not below the ra of a Director, nominated by the Mi111ster responsible for Ener ; 6 Ghana Accreditation Service Act, 2023 Act 1102 h one representative of the Ghana Association of edical Laboratory Scientists, non1i11ated by the Ghana Association • • of edical Laboratory Scientists; i one representative of the Council for Technical and Vocational Education Training, nominated by the Council for Tee ical and Vocational Education Training; c.&.. · one representative of the Association of Ghana Industries, nominated by the President of the Association of Ghana Industries; and k one woman with owledge in accounting or finance, noniinated by the President. ' • • 2 A person other than a person nominated under paragraphs · and of subsection 1 is not eligible to be a member of the Council ' ' unless the person has owledge and experience in quality l11frastruct11re. • ' 3 T he chairperson and other members of the Council shall be appointed by the President in accorda11ce with ar·ticle 70 of the Constitution. • • ' Fu11ctions of the Cou11cil • •

6 — To achieve the objects, the Council shall

6. To achieve the objects, the Council shall a develop the requirements for accreditation; b develop policies relating to accreditation; c develop internal rules and procedures relating to accreditation; d develop the strategic and business plans for the Service; and e ensure the efficient and effective performance of the functions of the Service. Duties and liabilities of members of the Council 7. 1 A member of the Council has the same fiduciary relationship with the Service and the same duty to act with loyalty and in good faith as a director of a company incorporated under the Companies Act, 2019 Act 992 • 2 ithout limiting subsection 1 , a member of the Council has a duty a to act honestly and in the best interest of the Service in the performance of the funct ans of that member; 1 7 Act 1102 Ghana Accreditation Se111ice Act, 2023 b _ to exercise the degree of care and diligence in the performance of the functions of that member that a person in that position would reasonably be expected to exercise in the circumstance; c not to disclose information that would not otherwise be available to_ the member to any person or make use of or act on that inf01·mation, except in the performance of the functions of the Service or as may be permitted by law; d not to abuse the position of the office; and e not to pursue the personal interest of the member at the expense of the interest of the Service. 3 A member of the Council who contravenes subsection 1 or 2 commits an offence and is liable on summary conviction to a fine of not less than one hundred penalty units and not more than two hundred and fi penalty units. 4 here a court determines that the Service has suffered a loss or damage as a consequence of the act or omission of a member of the Council, the court may, in addition to imposing a fine, order the member of the Council convicted to pay appropriate compensation to the Service. Tenure of o ce of members of the Council 8. 1 A member of the Council shall hold office for a term of four years and is eligible for re-appointment for another term only. 2 Subsection 1 does not apply to the Director-General. 3 A member of the Council may, at any time, resign from office - in writing addressed to the President throu the inister. 4 A member of the Council who is absent from three consecutive meetings without sufficient cause ceases to be a member. 5 The President may, by a letter addressed to a member, revoke the appointment of that member. 6 here a member of the Council is, for a sufficient reason, unable to act as a member, the inister shall determine whether the inability would result in the declaration of a vacancy. 7 ere there is a vacancy a under subsection 3 , 4 , or subsection 2 of section 10, 8 Ghana Accreditation Service Act, 2023 Act 1102 as a result of a declaration under subsection 6 , or c by reason of the death of a member, the inister shall give notice to the President of the vacancy and the President shall appoint a person to fill the vacancy for the unexpired term. eetings of the Cou11cil • • 9. 1 The Council shall meet at least once every three months for the conduct of business at a time, place and in the mode determined by the chairperson. 2 The chairperson shall, at the request in writing of not less than one-third of the membership of the Council, convene an extra-ordinary meeting of the Council at the ti1ne, place and in the mode determi11ed by • • the cha· erson. 3 The cha· erson shall preside at meetings of the Council and in the absence of the chairperson, a member of the Council elected by the members present from among their number shall preside. 4 The quorum at a meeting of the Council is seven members of the Council. 5 A matter before the Council shall be decided by majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. 6 The Council may co-opt a person to attend a meeting of the • Council, but that person· shall not vote on a matter for decision at the meeting. 7 The proceedings of the Council shall not be invalidated by reason of a vacancy in the membership or a defect in the appointment or qualification of a member. · 8 Subject to this section, the Council may deten11ine the procedure for meetings of the Council. Disclosure of interest 10. 1 A member of the Council who has an interest in a matter for consideration by the Council a shall disclose, in writing, the nature of the interest and the disclosure shall forn1 part of the record of the consideration ' of the matter; and 9 Act 1102 Ghana Accreditation Service Act, 2023 is disqualified from being present at or participating in the deliberations of the Council in respect of that matter. 2 A member ceases to be a member of the Council, if that member has an interest in a matter before the Council and a fails to disclose that interest; or participates in the deliberations of the Council on the matter. 3 ithout limiting any further cause of action that may be instituted against the member, the Council shall recover any benefit derived bythe member who contravenes subsection 1 , in addition to the cessation of the appointment of the member. Establis ent of co111111ittees • • • • ' 11. 1 The Council may establish committees consisting of members of the Council or non-members of the Council or both to perform a function of the Council. 2 A committee of the Council shall be chaired by a member of the Council except where the committee is made up of non-members only. 3 A committee made up of non-members entirely of the Council • shall be advisory only. 4 The Council shall detern1ine the composition, functions and, rules and procedures of a committee established under subsection 1 . 5 Section 10 applies to members of a committee of the Council. lowa11ces • 12. embers of the Council and members of a committee of the Council shall be paid allowances determi11ed by the · · ster in consultation with the inister responsible for Finance. Policy · e ·ves

13 — The inister shall give directives to the Council on matters of

13. The inister shall give directives to the Council on matters of policy and the Council shall comply. Accreditation Co111111ittee • • ' 14. 1 ere is established by this Act, the Accreditation Committee. 10 Ghana Accredi·tation Service Act, 2023 Act 1102 2 The Accreditation Committee consists of • a a chairperson, other than the Director-General, appointed by the Council from among members of the Council; b four representatives from conformity assessment bodies; c one person representing the assessors of the Service; d the technical Director of the Service; e one officer of the Service in charge of the accreditation of testing laboratories; one officer of the Service in charge of the accreditation of calibration laboratories; g one officer of the Service in charge of the accreditation of inspection bodies; ( h one officer of the Service in charge of the accreditation of certification of management systems and product certification bodies; and i ten experts representing relevant stakeholders. 3 A member of the Accreditation Committee shall hold office for a term of four years and is eligible for re-appointment for another term only. 4 A matter before the Accreditation Committee or a sub-committee of the Accreditation Committee shall be decided by consensus. 5 The quorum for a meeting of the Accreditation Committee or a sub-committee of the Accreditation Committee is more than one half of the members of the Accreditation Committee or of the sub-com111ittee.

6 — The cha· erson shall preside at meetings of the Accreditation

6. The cha· erson shall preside at meetings of the Accreditation Committee and in the absence of the chairperson, a member of the Accreditation Committee elected by the members present from among their number shall preside. 7 The Accreditation Committee shall determine the procedures for the meetings of the Accreditation Committee. 8 The Accreditation Committee shall report to the Director General. 9 Sections 10 and 12 on disclosure of interest and allowances respectively apply to a member of the ,�. .ccreditation Committee. ' 11 Act 1102 Ghana Accreditation Se-rvice Act, 2023 Fu11ctions of the Accreditation Co1111nlttee . . • • • • • ' •

15 — T he Accreditation Committee shall

15. T he Accreditation Committee shall a develop · idelines for accreditation subject to the approval of the Council; b advise the S · ce on tee ·cal matters relating to accreditation and conformity assessment including testing, inspection, certification, verification and validation activities; c approve work plans and terms of reference developed by sub-committees of the Accreditation Committee constituted under subsection 1 of section 16; ·and d perform any other functions assigned to the Accreditation Committee by the Council. Establis ent of sub-con1111ittees • • • • 16. 1 The Accreditation Committee may constitute sub-committees of not more than seven members of the Accreditation Committee to perform a function that may be assi ed by the Accreditation Committee. • 2 A sub-commjttee shall consist of a balanced representation of experts from interested parties and independent experts. 3 The sub-committees shall include . a General Testing Sub-committee; b edical Laboratory Testing Sub-committee; c Inspection Sub-committee; d Calibration Sub-committee; • e Certification Sub-committee; and Validation and Verification Sub-committee. A sub-committee shall ' a develop work plans and terms of reference for approval by the Accreditation Committee; and b perform any other function assigned by the Accreditation Committee. Administrative Provisions · Appo1n ent of Director-General 17. 1 The President shall, in accordance with article 195 of the Constitution, appoint a Director-General for the Service. 12 Ghana Accreditation Service Act, 2023 Act 1102 2 A person is qualified for appointment as a Director-General of the Service if the person a has the relevant knowledge and experience in the implementation of i international accreditation standards; and ii conformity assessment standards; and b satisfies the competence requirements specified in the Scheme of Service. 3 The Director-General shall hold office on the terms and conditions specified in the letter of appointment. Functions of the Director-General 18. 1 The Director-General is responsible for the day to day administration of the Service and is answerable to the Council for the perforn1ance of functions under this Act. 2 The Director-General is responsible for the implementation of the decisions of the Council. 3 The Director-General may delegate a function to an officer of the Service but shall not be relieved of the ultimate responsibility for the performance of the delegated function. Appointment of Depu Director-General 19. 1 The President shall, in accordance with article 195 of the Constitution, appoint a Deputy Director-General for the Service. 2 The Deputy Director-General shall hold office on the terms and conditions specified in the letter of appointment. Functions of Depu Director-General 20. 1 The Deputy Director-General shall a assist the Director-General in the performance of functions of the Director-General; and b perform any other function specified in the Scheme of Service. 2 The Deputy Director-General shall act in the absence of the Director-General. .· I -- 13 Act 1102 Ghana Accreditation Service Act, 2023 Appoin ent · of other staff 21. 1 T he President shall, in accordance with article 195 of the Constitution, appoint any other staff of the Service necessary for the efficient and effective perf01·mance of the functions of the Service. 2 Other public officers may be transferred or seconded to the Service or may otherwise give assistance to the Service. 3 Subject to the approval of the Council, the Service may engage the services of consultants and experts for the efficient and effective performance of the functions of the Service. . . Divisions, · ectorates a11.d units of the Service • 22. 1 e Council shall establish divisions, directorates and units of the Service that the Council considers necessary for the efficient and effective performance of the functions of the Service. 2 ithout limiting subsection 1 , the Council may establish • a the following directorates: i General Laboratory Testing Directorate; ii edical Laboratory Testing Directorate; iii Calibration Laboratory Directorate; iv Inspection Bodies Directorate; v Proficiency Testing Services Directorate; vi Ce · ed Reference aterials Production Directorate; vii anagement Systems Certification Directorate; viii Products Certification Directorate; ix Persons Certification Directorate; x Validation and Verification Services Directorate; and xi Training and Conformity Assessment Related Subjects Directorate; b a Support Services Division; c the following units: i Research and Development Unit; and ii uality Management Unit; and d any other directorate, division or unit deterrnined by the Council. 14 Ghana Accreditati·on Service Act, 2023 Act 1102 Regional offices of the Service 23. 1 The Council may establish offices of the Service in any region of the country. 2 A regional office of the Service shall perform the functions of the Service as the Council may direct. Internal Audit Unit 24. 1 The Council shall have an Internal Audit Unit in accordance with section 83 of the Public Financial Management Act, 2016 Act 921 . 2 The Internal Audit Unit shall be headed by an Internal Auditor who shall be appointed in accordance with the Internal Audit Agency Act, 2003 Act 658 . 3 The Internal Auditor is responsible for the internal audit of the Service. 4 The Internal Auditor shall, subject to subsections 3 and 4 of section 16 of the Internal Audit Agency Act, 2003 Act 658 , at intervals of three months: a prepare and submit to the Council, a report on the internal audit carried out during the period of three months immediately preceding the preparation of the report; and make recommendations in each report in respect of matters which appear to the Internal Auditor as necessary for the conduct of the affairs of the Service. 5 The Internal Auditor shall, in accordance with subsection 4 of section 16 of the Internal Audit Agency Act, 2003 Act 658 , submit a copy of each report prepared under this section to the inister and the chairperson of the Council. Financial Provisions Fu11ds of the Service •

25 — The funds of the Service include

25. The funds of the Service include a moneys approved by Parliament; b internally generated funds; and c loans donations, gifts and grants. 15 Act 1102 Ghana Accreditation Service Act, 2023 Ba accou 11t of the Service • •- 26. e moneys for the Service shall be paid into a ba account opened for the purpose by the Council with the approval of the Controller and Accountant-General. Expenses of the Service

27 — The expenses of the Service shall be charged on the funds of the

27. The expenses of the Service shall be charged on the funds of the Service. Borrowing powers

28 — Subject to section 76 of the Public Financial anagement Act,

28. Subject to section 76 of the Public Financial anagement Act, 2016 Act 921 , the Service may obtain loans and any other credit facility from a bank or any other financial institution approved by the inister responsible for Finance. Accou-11ts a 11d audit • ' • • • 29. 1 The Council shall keep books, records, returns and other documents relevant to the accounts of the Service in the form approved by the Auditor-General. 2 e Council shall, at the end of each financial year, submit the accounts of the Service to the Auditor-General for audit. 3 The Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the accounts and forward a copy each of the audit report to the inister and the Council. 4 The financial year of the Service is the same as the financial year of the Government. A1111ual report and other reports 30. 1 The Council shall, within thi rty days after the receipt of the i11ister audit report, submit to the M_· ------~an an11ual report coveri11g the activities • • • and operations of the Council for the year to which the annual report relates. 2 The annual report shall include a the report of the Auditor-General; and b any other inforn1ation that may be required by the inister in conformity with the Public Financial Management Act, 2016 Act 921 ; or 16 .' Ghana Accreditation Se-rvice Act, 2023 Act 1102 ii relevant for the purposes of transparency and accountabili . 3 The inister shall, within thi days after the receipt of the annual r ort, submit the report to Parliament with a statement that the - inister considers necessary. 4 The Council shall also submit to · the inister any other report which the · inister may require in writing. Accreditation Schemes Establis ent of accreditation schemes 31. 1 The Service shall establish accreditation schemes to ide the accreditation processes of the Service in accordance with a national standards; applicable international standards; c technical re lations; and d Government directives. 2 An accreditation scheme shall speci a the rules and processes relating to the accreditation of a conformity assessment body; the requirements for the accreditation of a conformity assessment body, as set out by i · national standards; ii applicable international standards; iii technical re lations; and iv Government directives; c the requirements, as set out in other relevant normative documents, for the accreditation of a conformity assessment body for the operation of the conformity assessment body; d the statutory and re latory requirements for the accreditation of a conformity assessment body; and e the procedure for determining an appeal by an Appeals Committee constituted under subsection 3 of section 43. 3 The Service shall publish the accreditation Schemes in the Gazette and on the website of the Service. 17 • Act 1102 Ghana Accreditation Se111iceAct, 2023 andatory accreditation of co or111j assessment activities

32 — I The inister shall, on the recommendation of the Service and

32. I The inister shall, on the recommendation of the Service and by _aNotice published in the Gazette and the website of the Service a declare that the accreditation of i a conformi assessment activi ; or ' ii the result of a conf or111ityassessment activity is mandatory if the co ormity assessment activity or the result ' of a conformity assessment activity affects public safety, public health or the environment; or withdraw the declaration for mandatory accreditation of a ' confo1·n1ity assessment activity. 2 A Notice published under subsection I shall describe the conformi assessment activi ; state the title and number of the applicable· national standard, international standard, technical regulation, Government directive or normative documents; c contain the particulars for the operation of the conformity assessment activity, including accreditation symbols, terms, conditions and sanctions; and state the date for the commencement of the mandatory accreditation. 3 The date for the commencement of a mandatory accreditation shall not be less than six days after the date of publication of the Notice under subsection I . 4 The inister shall publish a Preliminary Notice in the Gazette, within ninety days before publication of the Notice under subsection I . 5 The Preliml 11.aryNotice shall a state the co ormity assessment activity; state the relevant national and international standard to be declared mandatory; c state the particulars for the •administration of the proposed mandatory accreditation; and a invite interested persons to submit written comments on the proposed mandatory accreditation not less than two months after the date of publication of the Preliminary Notice. 18 Ghana Accreditation Service Act, 2023 Act 11.02 6 The inister shall take into consideration the comments submitted under paragraph 'd of subsection 5 in making further decisions on the proposed mandatory accreditation. 7 The inister shall engage the sector inistry responsible for the activity that is subject to the Prelimi11ary Notice under subsection 4 . • • Complia11ce with mandatory accreditation • • 33. 1 A person who is responsible for a conformity assessment activity in respect of which a declaration is made for man tory accreditation under subsection 1 of section 32, shall comply or ensure compliance with the requirements for mandatory accreditation. 2 A person shall not engage in a conformity assessment activity • • to which a mandatory accreditation applies, except in accordance with ' the requirements of mandatory accreditation. 3 A person shall not use the results of a conformity assessment activity to which a mandatory accreditation applies unless the conformity assessment body is accredited. 4 A person who engages in or uses the results of a conformity assessment activity to which a mandatory accreditation applies shall a keep a record for a period of not less than ten years; and b supply to the Service any record that the Service may require.. • Licensing Requirement for accreditation 34. 1 A conformity assessment body established in the country may apply to the Service for accreditation in accordance with the accreditation scheme. . 2 here a conformity assessment body is accredited by a foreign accreditation body, the accreditation system used by the foreign accreditation body shall be approved by the Service in accordance with mutual recognition arrangements and published in the Gazette and on the website of the Service. 3 A conformity assessment body shall not use an accreditation symbol without a licence. 19 Act 1102 Ghana Accreditation Service Act, 2023 Application for licence to use accreditation symbol 35. 1 A co ormjty assessment body that intends to use an accreditation symbol of the Service in respect of a conformity assessment activity, shall apply to the Service in accordance with the accreditation scheme. 2 An application for a licence shall meet the requirements specified in the accreditation scheme. 3 An application under subsection 1 shall be accompanied with the prescribed fees. 4 The Service shall within three days after the receipt of an application, ac owledge receipt of the application. Consideration of application

36 — The Service may grant a licence to a conformity assessment body

36. The Service may grant a licence to a conformity assessment body to use an accreditation symbol if the conformity assessment body satisfies the requirements specified in the accreditation scheme. ,I Grant of licence 37. 1 here the Service is satisfied that an applicant meets the requirements specified in the accreditation scheme, the Service may grant a licence to the applicant to use an accreditation symbol. 2 The Service shall, within three months after the receipt of an application for a licence, carry out an assessment of the applicant and i orm the applicant in writing of the decision of the Service. 3 The Service may, in the course of an assessment of an applicant for a licence, request the applicant to provide additional · ormation to the Service. 4 ere the process of assessment of an applicant is delayed for more than three months due to inaction on the part of the applicant, the Service shall terminate the process and noti the applicant in writing. 5 ere the Service refuses to grant a licence after an assessment, the Service shall within seven days inform the applicant in writing of the reasons for the refusal to grant the licence. 6 A licence granted by the Service is subject to the terms and conditions specified in the licence. 20 Ghana Accreditation SetVice Act, 2023 Act 1102 7 A conformity assessment body to which a licence is granted shall at the request of the Service · a avail the conformity assessment body for assessment; and b provide any inf01·111ation requested by the Service. • Vali · and duration of licence · 38. 1 A licence granted under section 3 7 is valid for a period detern1i11ed by the Service, in accordance. with the accreditation scheme. 2 A licence granted under section 3 7 may be renewed in accordance with the accreditation scheme. Non-tra11sferabili of licence

39 — A licence granted under this Act is not transferrable

39. A licence granted under this Act is not transferrable. Extension of scope of accreditation 40. 1 An accredited ·conformity assessment body may apply to the Service for an extension of the scope of accreditation in accordance with the accreditation scheme. 2 here the Service is satisfied that the accredited conformity assessment body meets the requirements of ·accreditation, the Service may, by notice in writing to the accredited conformity assessment body, extend the scope of accreditation of the accredited confonnity assessment body. Suspension of licence

41 — The Service may, by notice in writing to an accredited conforn1ity

41. The Service may, by notice in writing to an accredited conforn1ity assessment body, suspend the licence of the accredited co 01mity assessment body where a the accredited co orrnity assessment body loses all tee · cal si atories or competent staff of that co ormity assessment • body; the accredited conformity assessment body relocates to another place; c the confo1111ity assessment body changes equipment that may •• have an impact on the results produced by that accredited conf01·111ity assessment body; d a restructuring or change that may affect the ability of that accredited confonnity assessment body to produce reliable results has taken place; 21 Act 1102 Ghana Accreditation Service Act, 2023 e there is a breakdown in the management system of that accredited conformity assessment body; or that accredited co ormity assessment body has voluntarily requested for a suspension of the licence. Reduction of scope or with awal of licence • 1 e ·ce may, by notice in "ting to a11 accredited co ormity • assessment body, reduce the scope of a licence or withdraw the licence of the accredited conformity assessment body where a that accredited conformity assessment body fails to meet the requirements of accreditation; b that accredited conformity assessment body fails to abide by the rules of accreditation; c there is evidence of fraudulent behaviour against that accredited co ormity assessment body; or d that accredited conformity assessment body provides false information to the Service. 2 An accredited conformity assessment body may voluntarily request for a reduction of scope of a licence or withdrawal of a licence of the accredited conformity assessment body. Appeal against decision of the Service 43. 1 A person who is a aggrieved by the refusal of the Service to grant or renew a licence, or b dissatisfied with a decision of the Service may appeal to the Service against the decision. 2 The appeal shall be made in writing within twenty-one days after notice of the decision has been communicated by the Service to the person. 3 The Service shall, within fourteen days after the receipt of a written appeal against a decision of the Service, constitute an Appeals Committee to review the decision of the Service. 4 The Appeals Com1nittee shall, within twenty-one days after • the receipt of the appeal, deterr11ine the appeal. 22 Ghana Accreditation Se11Jice Act, 2023 Act 1102 5 The Appeals Committee shall communicate the decision within three days. 6 The Appeals Com1nittee may determjr1e • - the procedures for the • • meeting of the Appeals Committee. Register of licences • 1 The Service shall establish, keep and maintain a register of licences. 2 The register of licences shall be open for inspection during wor · g hours and an extract from the register may be made by a person on the payment of the prescribed fee. Inde11111j • 45. 1 A declaration made by the Service that a conformity assessment • activity a conforms to the requirements of accreditation; or satisfies the requirements for the use of an accreditation symbol in con11ection with a conformity assessment activity • shall not give rise to a claim against the Service or the Republic. 2 A member of the Council, a member of a committee established by the Council, the Accreditation Committee, or an employee of the Service shall not be personally liable for an act or on1ission of the • member or employee that was done in good faith in the perfom1ance of a function under this Act. Restrictions on the use of certain words • 1 A person shall not use a name which contains any combination of the following words without the consent in writing of the Service, given in consultation with the inister: a ''Ghana National Accreditation Service''; ''Ghana Accreditation Service''; c ''National Accreditation Service''; or d ''Ghana Accreditation''. 2 Subsection 1 does not apply to a person who used a name which contains a combination of the prohibited words under subsection 1 before the coming into force of this Act. 23 • Act 1102 Ghana Accreditation Service Act, 2023 iscellaneous Provisions Scheme of Service

47 — The Director-General shall, with the approval of the Council,

47. The Director-General shall, with the approval of the Council, prepare a Scheme of Service which shall contain specified duties, trai11i11g • programines and other matters that the Council considers necessary for • the maintenance of hi standards of efficiency. C den· 48. 1 A member of the Council, a member of a committee established by the Council, a member of the Accreditation Committee, an employee of the Service or any other person who obtains any information in the performance of a function under this Act in respect of a formula, a process, a system, a practice or a trade secret of a co ormity assessment body shall not disclose the information. . ' 2 Despite subsection 1 , · a member of the Council, a member of a committee . established by the Council, a member of the Accreditation ' Committee, an employee of the Service or any other person shall, on the • orders of a Court, provide information on the formula, process, system, practice or trade secret of a conformity assessment body to a the Court, or any other person as the Court may direct. • • pa , _..,.. , , 49. 1 A person shall, in the performance of a function under this Act, act objectively and without partiality. 2 ithout limiting subsection 1 , a person shall not be influenced, in the performance of a function under this Act, by any fmancial or other considerations. Ad111j11jstrative . .. . . • penalties 50. 1 A person who uses an accreditation symbol for which the person is issued with a licence a contrary to the terms and conditions of the licence is liable to pay to the Service an administrative penalty of five thousand penalty units; 24 Ghana Accreditation Service Act, 2023 Act 1102 b after the expiry of the licence, is liable to pay to the Service an administrative penalty of one thousand penalty units; • or c after the revocation of the licence is liable to pay to the Service an administrative penalty of ten thousand penalty units. • 2 A person who a fails to keep a record or supply to the Service any record, contrary to subsection 4 of section 33, ' fails to submit for assessment, contrary to paragraph a of subsection 7 of section 3 7, fails to provide any information requested by the Service contrary to paragraph of subsection 7 of section 3 7, or d uses a name contrary to subsection 1 .of section 46, is liable to pay to the Service an administrative penalty of five thousand penalty units. 3 ere a person fails to pay an administrative penalty imposed under subsection 1 or 2 , the Service shall recover the amount imposed as a civil debt. Offences and penalties . 51. A person who a fails to comply or ensure compliance with the requirements for mandatory accreditation contrary to subsection 1 of section 33, engages in or uses the results of a conf01·mity assessment activity contrary to subsection 2 or 3 of section 33, c fails to comply with or er1sure complia11ce with the requirements • • ' • for accreditation contrary to subsection 2 of section 34; d uses an accreditation symbol without a licence contrary to subsection 3 of section 34, e transfers a licence contrary to section 39, or discloses information on the formula, process, system, practice or trade secret of a conformity assessment body contrary to section 48 commits an offence and is liable on summary conviction to a fine of not less than five thousand penalty units and not more than eight thousand 25 Act 1102 Ghana Accreditation Sen,ice Act, 2023 penalty units or to a term of imprisonment of not less than one year and not more than two years or to both. Offences by a body of persons 52. 1 ere an offence under this Act is committed by a a body corporate, each director or secretary of that body is ilty of the offence; or a partnership, each partner is ilty of the offence. 2 Despite subsection 1 , a person shall not be convicted of an offence if the person proves that the offence was committed without the owledge or consent of that person, or that the person took the necessary steps having regard to the circumstances, to prevent the cottitnission of ' the offence. Custody and use of co111111on seal • • 53. 1 The Service shall have a co1r11non seal to be kept by the Director • General. The common seal shall not be affixed to a legal document • except a with the prior authorisation of the Service in writing; and b in the presence of two members of the Council who shall sign the document independently of any other person who may have signed the document as a witness. R ations

54 — The Minister may, on the advice of the Council, by legislative

54. The Minister may, on the advice of the Council, by legislative instrument, make Re lations to a prescribe the procedure for carrying out accreditation of conformity assessment bodies; prescribe the procedures for the issue of licences for the use of accreditation symbols; c prescribe the method of assessing and evaluating compliance with the terms and conditions of a licence; d prescribe the terms and conditions of service for staff of the Service; e provide for technical regulations establishing the minimum requirements of quality, health, safety and environmental 26 Ghana Accreditation Service Act, 2023 Act 1102 impact for goods and services for which compliance is mandatory; prescribe any other body as a conformity assessment body; and provide for the efficient and effective implementation of this Act. ' Interpretation

55 — In this Act, unless the context otherwise requires,

55. In this Act, unless the context otherwise requires, ''accreditation'' means a third-pa attestation in relation to a conformity assessment body that conveys a formal demonstration of the competence of the co om1jty assessment • body to ca out specific co orrnity assessment tasks; ''accreditation body'' means a body responsible for a third-party attestation in relation to conformity assessment and calibration facilities; or conveying formal demonstration of competence to ca out tasks against specified criteria, including criteria in International Guidelines and International Standards; ''accreditation scheme'' means a systematic plan and process that relates to the accreditation of conformity assessment bodies; ''accreditation symbol'' means a symbol issued by an accreditation body for use by an accredited conformity assessment body to indicate the accreditation of a co orn1jty assessment body; ''accredited body'' means an organisation or facility that has been accredited by a . the Service; or a member of the mutual recognition arrangements of the International Laboratory Accreditation Cooperation or International Accreditation Forum; ''African Accreditation Cooperation'' means the African regional body of the International Laboratory Accreditation Cooperation and the International Accreditation Forum; ''applicable standard'' means a standard that is relevant or possible to implement within a given context; 27 Act 1102 Ghana Accreditation Se111ice Act, 2023 ''assessment'' means a process undertaken by an accreditation body a to determine the competence of a conformity assessment body, based on standards or other normative documents; and for a defined scope of accreditation; ''assessor'' means a person who has the requisite training, s lal· ls and experience to perform an assessment; ''Auditor-General'' includes an auditor appointed or a person authorised by the Auditor General; ''calibration'' means an operation that, under specified conditions, establishes a relation be een the quantity values with measurement uncertainties provided by measurement sta11 • · g indications : dards and correspon dm with associated measurement uncertainties; and uses the information to establish a relation for obtaining a measurement result from an indication; ''calibration laboratory'' means a body that perfonns a set of operations that establishes, under specified conditions, the relationship between values of quantities indicated by a measuring instrument or a measuring system, or values represented by a material measure or a reference • material, and corresponding values realised by standards regardless of the uncertainty of the values; ''ccr·t1fi · cation'' means a · d-pa attestation related to a product, process, .system or person; ''conformity assessment'' means the procedure used to determine, dire y or indirectly, that the relevant requirement in technical re lations, standards or any other relevant and validated documentation has been satisfied; ''confo1�mity assessment activity'' means an activity conducted by a conforn1ity assessment body when assessing conformity that is not related to the education sector; ''conformity assessment body'' means a body that perfarms a conformity assessment activity and that can be the object of accreditation; 28 . ·GhanaAccreditationSen,iceAct, 2023 Act 1102 • ''certification body'' means an organisation that certifies . another orga:nisation for compliance of the management systems, schemes or products of the certified organisation with reco ised specifications or standards;· ''Council'' means the governing body of the Service established · under section 6; · .. ''Director-Qeneral'' means the person appointed under section 18· ' ''i11spcction''mea11san exan1j1~ationof. a product desi , a product, .a process or. an installation to. detennine conf ormi of the . ' . • product design, product, process or installation with specific requirements or general requirements; ''i11spectionbody'' mea11san orga11jsationthat exa1nj11esa product conformity of the product design, product, process or ''international standards bodies''· mean standards setting ,bodies that are recognised globally and by vi e of their statutes have as their principal function the preparation, approval or adoption of standards made available to the . . public; ''laboratory'' means any specialised confined environment used • for the performance of scientific work, including places involved in testing work; • '' inister'' means the inister responsible for Trade and Industry; ''mutual recognition arrangements'' mean agreements between accreditation bodies that provide for the acceptance of the results of accredited conforn1i • assessment bodies; ''national standard'' means a standard promulgated or adopted by the Ghana Standards Authori ·or.any other institution authorised to set national standards; ''normative documents'' mean rules, standards, idelines or characteristics for a confor111i assessment activi or the results of the conf ormi assessment activi ; ''process'' means a set of interrelated or interacting activities • that use inputs to deliver an intended result; 29 Act 1102 Ghana Accreditation Sen,ice Act, 2023 ''product certification bodies'' mean organisations that perform third-pa attestations related to products; ''quality infrastructure'' means the totali of the institutional framework required to establish and implement standardisation, methodology, accreditation and conf ormi assessment services necessary to provide acceptable evidence that products and services meet defined requirement; ''rating agency'' means a company that assesses the financial strength of a company or a Government entity to detern1ine the ability of the company or Government entity ' to meet principal and interest payments on a debt owed by that company or Government enti ; ''reduction of scope''· means a cancellation of part of the scope of accreditation; ''regional standards bodies'' mean standard setting bodies that are recognised at the continental or sub-continental level and by virtue of their statutes have as their principal function the preparation, approval or adoption of standards made available to the public; ''Service'' means the Ghana Accreditation Service established under section 2; ''standard'' means a document established by consensus and approved by a recognised body, that provides for common and repeated use, rules, idelines or characteristics for an activi or the results of an activity that is aimed at the achievement of an optimum degree of order in a given context; ''suspension of licence'' means the full scope of accreditation or a part of the full scope of accreditation of a conformity assessment body that is temporarily made invalid; ''system'' means set of interrelated or interacting elements; ''testing'' means a determination, according to a procedure, of one or more characteristics of an object of conformity assessment; ''testing laboratories'' mean specialised confined environments used for testing; 30 Ghana Accreditation Service Act, 2023 Act 1102 ''validated documentation'' means a document that is approved based on consensus by stakeholders; ''validation'' mean confirmation through the provision of objective evidence that the requirements for a specific intended use or application has been satisfied; ''validation activities'' mean activities that confrrm throu the provision of objective evidence that the requirements for a specific intended use or application has been satisfied; ''validation bodies'' mean bodies that perform validation; ''verification'' means confirmation through the provision of objective evidence that specified requirements have been satisfied; ''verification bodies'' mean bodies that perfortn verification; and ''withdrawal of licence'' means the cancellation of the statement of confom1ity for the full scope of accreditation. Repeal

56 — Subparagraphs vii and xii of paragraph of subsection 2 of

56. Subparagraphs vii and xii of paragraph of subsection 2 of section 3 of the Ghana Standards Authority Act, 2022 Act 1078 is repealed. 31 Act 1102 Ghana Accreditation Service Act, 202� • ' ; • Date of Gazette notification: 30th August, 2023. • I PRINTED BY GHANA PUBLISHING COMPANY LTD. ASSEMBLY PRESS, ACCRA. GPCL/A526/450/09/2023 Website:www.ghanapub1ishing.com Emai1:infu@ghanapublishing.com Tel: +233 0302-664338/9 • • • • • • •

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