The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021
This provision gives the Act its short title.
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Statute overview
About this statute
This provision gives the Act its short title. This section says certain written laws are amended as set out in the Act’s separate Parts. This section says Part III is to be read together with the Electronic and Postal Communications Act, and notes an amendment to section 6. If an agreement about implementing section 6 has Cabinet approval, this section must not be applied in a way that prejudices that agreement. This section says this Part must be read together with the Environmental Management Act.
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Provisions of The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021
Showing 34 of 34
Part
PART I
- 1 Verify source ↗
Short title
AI-assisted research summary: This provision gives the Act its short title.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021. Amend ment of certain written laws - 2 Verify source ↗
Amendment of certain written laws
AI-assisted research summary: This section says certain written laws are amended as set out in the Act’s separate Parts.
2. The written laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. PART II AMENDMENT OF THE ELECTRONIC AND POSTAL COMMUNICATIONS ACT, (CAP. 306) Construction Cap. 306
Part
PART II
- 3 Verify source ↗
Construction
AI-assisted research summary: This section says Part III is to be read together with the Electronic and Postal Communications Act, and notes an amendment to section 6.
3. This Part shall be read as one with the Electronic and Postal Communications Act, hereinafter referred to as the “principal Act”. Amendment of section 6 - 4 Verify source ↗
Amendment of section 6
AI-assisted research summary: If an agreement about implementing section 6 has Cabinet approval, this section must not be applied in a way that prejudices that agreement.
4. The principal Act is amended in section 6 by adding immediately after subsection (6) the following: 4 No.4 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021 “(7) Where an agreement provides for special arrangement relating to the implementation of this section, and the said arrangement has been approved by the Cabinet, the application of the provisions of this section shall not prejudice the implementation of such agreement.”. PART III AMENDMENT OF THE ENVIRONMENTAL MANAGEMENT ACT, (CAP. 191) Construction Cap. 191
Part
PART III
- 5 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Environmental Management Act.
5. This Part shall be read as one with the Environmental Management Act, hereinafter referred to as the “principal Act”. Amendment of section 57 - 6 Verify source ↗
Amendment of section 57
AI-assisted research summary: This section adds a proviso to section 57: if an agreement for special implementation arrangements has Cabinet approval, applying section 57 must not prejudice that agreement.
6. The principal Act is amended in section 57, by adding a proviso under subsection (1) as follows: “Provided that where an agreement provides for special arrangement relating to the implementation of this provision, and the said arrangement has been approved by the Cabinet, the application of the provisions of this section shall not prejudice the implementation of such agreement.” PART IV AMENDMENT OF THE FAIR COMPETITION ACT, (CAP. 285) Construction Cap. 285 Amendment of section 12
Part
PART IV
- 7 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Fair Competition Act, which it calls the principal Act.
7. This Part shall be read as one with the Fair Competition Act, hereinafter referred to as the “principal Act”. - 8 Verify source ↗
Amendment of section 12
AI-assisted research summary: This section amends section 12 of the principal Act by changing punctuation and adding a proviso allowing the Commission, on application and with Cabinet-approved special arrangements, to grant a period of more than five years.
8. The principal Act is amended in section 12, by- (a) deleting a full stop appearing at the end of subsection (3) and substituting for it a semi colon; and 5 No.4 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021 (b) adding the following proviso immediately after subsection (3): “Provided that, in the case of an agreement that provides for special arrangement relating to the grant of exemption for an agreement and such arrangement has been approved by the Cabinet, the Commission may, upon application, grant a period of more than five years.”. Amendment of section 14 - 9 Verify source ↗
Amendment of section 14
AI-assisted research summary: This section amends section 14 to add a rule that an approved Cabinet arrangement tied to implementing sections 10 and 11 must not be prejudiced by the application of section 14.
9. The principal Act is amended in section 14, by adding immediately after subsection (5) the following: “(6) Where an agreement provides for special arrangement relating to the implementation of sections 10 and 11, and the said arrangement has been approved by the Cabinet, the application of the provisions of this section shall not prejudice the implementation of such agreement.”. PART V AMENDMENT OF THE GOVERNMENT PROCEEDINGS ACT, (CAP. 5) Construction Cap. 5
Part
PART V
- 10 Verify source ↗
Construction
AI-assisted research summary: This section says the Part must be read together with the Government Proceedings Act, called the principal Act, and it introduces an amendment to section 16.
10. This Part shall be read as one with the Government Proceedings Act, hereinafter referred to as the “principal Act”. Amendment of section 16 - 11 Verify source ↗
Amendment of section 16
AI-assisted research summary: A court may issue execution, attachment, or a similar order for a financial obligation if the agreement has a special arrangement approved by the Cabinet, and the property targeted is connected to that agreement.
11. The principal Act is amended in section 16 by adding immediately after subsection (3) the following: “(4) Notwithstanding subsection (3), where there is an agreement that provides for special arrangement relating to the execution, attachment or similar process and such arrangement has been approved by the Cabinet, the Court may, in the enforcement of financial obligation arising out of such agreement, issue an order for execution, attachment or similar process: 6 No.4 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021 Provided that, the execution, attachment, or similar process is issued against the property which is connected with such agreement.”. PART VI AMENDMENT OF THE INSURANCE ACT, (CAP. 394) Construction Cap. 394
Part
PART VI
- 12 Verify source ↗
This Part shall be read as one with the Insurance Act,
AI-assisted research summary: This Part is to be read together with the Insurance Act, which is called the principal Act.
12. This Part shall be read as one with the Insurance Act, hereinafter referred to as the “principal Act”. Amendment of section 133 by - 13 Verify source ↗
The principal Act is amended in section 133
AI-assisted research summary: Section 13 amends section 133 of the principal Act by adding a rule that a Cabinet-approved special arrangement may be implemented without subsection (3) prejudicing it.
13. The principal Act is amended in section 133 (a) adding immediately after subsection (3) the following: “(4) Where there is an agreement that provides for special arrangement relating to the implementation of this provision, and the said arrangement has been approved by the Cabinet, the application of the provisions of subsection (3) shall not prejudice the implementation of such agreement.”; (b) renumbering subsection (4) as subsection (5). PART VII AMENDMENT OF THE LOCAL GOVERNMENT (DISTRICT AUTHORITIES) ACT, (CAP. 287) Construction Cap. 287
Part
PART VII
- 14 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Local Government (District Authorities) Act, and it introduces an amendment to section 122.
14. This Part shall be read as one with the Local Government (District Authorities) Act, hereinafter referred to as the “principal Act”. Amendment of section 122 - 15 Verify source ↗
Amendment of section 122
AI-assisted research summary: This section amends section 122 by inserting a new subsection about approved special arrangements linked to implementing the provision.
15. The principal Act is amended in section 122 by adding immediately after subsection (2) the following: “(3) Where an agreement provides for special arrangement relating to the implementation of this provision, and the 7 No.4 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021 said arrangement has been approved by the Cabinet, the application of the provisions of paragraphs (w) and (z) of subsection (2) shall not prejudice the implementation of such agreement.”. PART VIII AMENDMENT OF THE LOCAL GOVERNMENT FINANCES ACT, (CAP. 290) Construction Cap. 290
Part
PART VIII
- 16 Verify source ↗
Construction
AI-assisted research summary: This section says the Part must be read together with the Local Government Finances Act, called the principal Act.
16. This Part shall be read as one with the Local Government Finances Act, hereinafter referred to as the “principal Act”. Amendment of section 11 - 17 Verify source ↗
Amendment of section 11
AI-assisted research summary: Section 11 is amended to add a new subsection saying that, where an agreement has Cabinet approval and provides for special implementation of this provision, applying section 11 must not prejudice that agreement’s implementation.
17. The principal Act is amended in section 11 by adding immediately after subsection (2) the following: relating arrangement “(3) Where an agreement provides for the special implementation of this provision, and the said arrangement has been approved by the Cabinet, the application of the provisions of this section shall not prejudice the implementation of such agreement.”. to PART IX AMENDMENT OF THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT, (CAP. 288) Construction Cap. 288
Part
PART IX
- 18 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Local Government (Urban Authorities) Act.
18. This Part shall be read as one with the Local Government (Urban Authorities) Act, hereinafter referred to as the “principal Act”. Amendment of section 62 by- - 19 Verify source ↗
Amendment of section 62
AI-assisted research summary: This section amends section 62 by adding a rule that a Cabinet-approved special arrangement in an agreement must not be prejudiced by subsection (1)(m), and by renumbering the old subsection (2) as subsection (3).
19. The principal Act is amended in section 62, (a) adding immediately after subsection (1) the following 8 No.4 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021 “(2) Where an agreement provides for special the implementation of this provision, and the said arrangement has been approved by the arrangement relating to Cabinet, the application of the provisions of the subsection (1)(m) shall not prejudice implementation of such agreement.”; and (b) renumbering subsection (2) as subsection (3). PART X THE NATURAL WEALTH AND RESOURCES (PERMANENT SOVEREIGNTY) ACT, (CAP. 449) Construction Cap. 449
Part
PART X
- 20 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Natural Wealth and Resources (Permanent Sovereignty) Act, and it introduces an amendment to section 2.
20. This Part shall be read as one with the Natural Wealth and Resources (Permanent Sovereignty) Act, hereinafter referred to as the “principal Act”. Amendment of section 2 - 21 Verify source ↗
Amendment of section 2
AI-assisted research summary: This section amends section 2 of the principal Act and adds a new subsection (2) excluding certain Cabinet-approved special arrangements for transporting unexploited natural resources in the United Republic.
21. The principal Act is amended in section 2, by- (a) designating the content of section 2 as subsection (1); and (b) adding i m m e d i a t e l y a f t e r s u b s e c t i o n ( 1) a s designated the following: “(2) Without prejudice to subsection (1), this Act shall not apply to an agreement that provides for special arrangement relating to transportation of natural resources that are not exploited in the United Republic and such arrangement has been approved by the Cabinet. PART XI THE NATURAL WEALTH AND RESOURCES CONTRACTS (REVIEW AND RE-NEGOTIATION OF UNCONSCIONABLE TERMS) ACT, (CAP. 450) Construction Cap. 450
Part
PART XI
- 22 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the principal Act.
22. This Part shall be read as one with the Natural Wealth and Resources Contracts (Review and Re- Negotiation of Unconscionable Terms) Act, hereinafter referred to as the “principal Act”. Amendment of section 2 - 23 Verify source ↗
Amendment of section 2
AI-assisted research summary: This section amends section 2 of the principal Act and adds a new subsection saying the Act does not apply to certain Cabinet-approved special arrangements for transporting natural resources not exploited in the United Republic.
23. The principal Act is amended in section 2, by- (a) designating the content of section 2 as subsection (1); and 9 No.4 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021 (b) adding i m m e d i a t e l y a f t e r s u b s e c t i o n ( 1) a s designated the following: “(2) Without prejudice to subsection (1), this Act shall not apply to an agreement that provides for special arrangement relating to transportation of natural resources that are not exploited in the United Republic and such arrangement has been approved by the Cabinet.”. PART XII AMENDMENT OF THE PETROLEUM ACT, (CAP. 392)
Part
PART XII
- 24 Verify source ↗
Construction
AI-assisted research summary: This section says Part 24 must be read together with the Petroleum Act, called the principal Act.
24. This Part shall be read as one with the Petroleum Act, hereinafter referred to as the “principal Act”. Construc tion Cap. 392 Amendm ent of section 140 Amendm ent of section 141 by- - 25 Verify source ↗
Amendment of section 140
AI-assisted research summary: This amendment adds a proviso saying EWURA’s powers under subsection (1) must not change the terms of approved special arrangements for transporting natural resources.
25. The principal Act is amended in section 140, by (a) deleting a full stop appearing at the end of subsection (1) and substituting for it a colon; and (b) adding a proviso immediately after subsection (1) as follows: “Provided that, the powers exercised by EWURA under this subsection shall not affect the terms and conditions of any agreement that provides for special arrangement relating to transportation of natural resources and such arrangement has been approved by the Cabinet.”. - 26 Verify source ↗
Amendment of section 141
AI-assisted research summary: Section 26 amends section 141 to add a rule that, if a licence renewal application has been duly made and the licence expires before EWURA decides, the licence continues in force until EWURA grants or refuses renewal.
26. The principal Act is amended in section 141, (a) adding immediately after subsection (2) the following: “(3) Where an application for renewal of licence has been duly made and the licence expires before EWURA grants or refuses 10 No.4 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021 to renew the licence, the licence shall be deemed to continue in force until the grant or refusal of the application.”; and (b) renumbering subsection (3) as subsection (4). Addition of section 257A - 27 Verify source ↗
Addition of section 257A
AI-assisted research summary: This provision adds a new section after section 257, titled “Application in relation to agreements involving Government.”
27. The principal Act is amended by adding immediately after section 257 the following: “Applicati on in relation to agreement s involving Governme nt - 257A Verify source ↗
Where an agreement provides
AI-assisted research summary: If an agreement has a Cabinet-approved special arrangement for implementing the listed sections, those sections must be applied without defeating that arrangement.
257A. Where an agreement provides for special arrangement relating to the implementation of sections 29, 130(1) and (2), 131, 143, 149(1) and (2), 166, 167, 170, 181, 182, 194, 223, 251 and 253, and the said arrangement has been approved by the Cabinet, the application of the provisions of such sections shall not prejudice such arrangement.”. PART XIII AMENDMENT OF THE RAILWAYS ACT, (CAP. 170) Construction Cap. 170
Part
PART XIII
- 28 Verify source ↗
Construction
AI-assisted research summary: This Part is to be read together with the Railways Act, which is called the principal Act.
28. This Part shall be read as one with the Railways Act, hereinafter referred to as the “principal Act”. Amendment of section 24 - 29 Verify source ↗
Amendment of section 24
AI-assisted research summary: This section amends section 24 by adding a rule that Cabinet-approved special implementation arrangements for an agreement are not to be prejudiced by the section’s application.
29. The principal Act is amended in section 24 by adding immediately after subsection (3) the following: relating arrangement “(4) Where an agreement provides for the special implementation of this provision, and the said arrangement has been approved by the Cabinet, the application of the provisions of this section shall not prejudice the implementation of such agreement.”. to 11 No.4 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021 PART XIV AMENDMENT OF THE ROADS ACT, (CAP. 167) Construction Cap. 167 Amendment of section 29
Part
PART XIV
- 30 Verify source ↗
Construction
AI-assisted research summary: This Part must be read together with the Roads Act.
30. This Part shall be read as one with the Roads Act, hereinafter referred to as the “principal Act”. - 31 Verify source ↗
Amendment of section 29
AI-assisted research summary: This amendment says that if an agreement for special implementation of this provision has Cabinet approval, applying section 29 must not undermine that agreement.
31. The principal Act is amended in section 29 by adding immediately after subsection (4) the following: relating arrangement “(5) Where an agreement provides for the special implementation of this provision, and the said arrangement has been approved by the Cabinet, the application of the provisions of this section shall not prejudice the implementation of such agreement.”. to PART XV AMENDMENT OF THE PUBLIC PRIVATE PARTNERSHIP ACT, (CAP. 103) Construction Cap. 103
Part
PART XV
- 32 Verify source ↗
Construction
AI-assisted research summary: This Part is to be read together with the Public Private Partnership Act, called the principal Act.
32. This Part shall be read as one with the Public Private Partnership Act, hereinafter referred to as the “principal Act”. Amendment of section 2 - 33 Verify source ↗
Amendment of section 2
AI-assisted research summary: This section amends section 2 of the principal Act and adds an exception for certain Cabinet-approved agreements on transporting natural resources not exploited in the United Republic.
33. The principal Act is amended in section 2, by- (a) designating the content of section 2 as subsection (1); and (b) adding i m m e d i a t e l y a f t e r s u b s e c t i o n ( 1) a s designated the following: 12 No.4 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021 “(2)Without prejudice to subsection (1), this Act shall not apply to an agreement that provides for special arrangement relating to transportation of natural resources that are not exploited in the United Republic and such arrangement has been approved by the Cabinet.”. Passed by the National Assembly on the 30th June, 2021. NENELWA J. MWIHAMBI Clerk of the National Assembly __________________________ 13
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