The Public Transport (motorcycle Regulation) Bill (senate Bill No. 38 Of 2023)

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2023 National Assembly 13th Report laid on the Table

Legislative progress

Introduced / Published: 1 Feb 2025

  1. First Reading date not recorded
  2. Second Reading date not recorded
  3. Committee of the Whole House date not recorded
  4. Third Reading
  5. Presidential Assent

Current status: Report laid on the Table

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REPUBLICOFKENYA PARLIAMENT

SENATE BILLS

(Bill No. 38 of 2023)

THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL, 2023

(A Bill published in the Kenya Gazette Supplement No. 158 of 1st September, 2023 and passed by the Senate, with amendments, on 5th December, 2024)

THEPUBLIC TRANSPORT (MOTORCYCLEREGULATION) BILL,2023

ARRANGEMENTOFCLAUSES

Clause

PARTI-PRELIMINARY

  • 1 —Short title.
  • 2 —- Interpretation.
  • 3 —- Application.

PARTII-REGULATIONOFMOTORCYCLES

  • 4 -—- Roles of the county executive committee member.
  • 5 —Appointment of the Board.
  • 6 —- Composition of the Board.
  • 7 —Qualification for appointment.
  • 8 ——Tenure of office.
  • 9 —Remuneration of theBoard.
  • 10 --- Vacancy.
  • 11 — Committees of the Board.
  • 12—Conduct of affairs and business of the County Committee
  • 13 —— Registration of motorcycle riders.
  • 14 —Power to suspend and revoke certificate of registration.
  • 15 -—- Cooperative Societies membership.
  • 16 --- Training of riders.

17

-—Responsibilities of an owner.

  • 18 ——Responsibilities of a rider.
  • 19 ———- Responsibilities of a passenger.
  • 20 —— Employment Contracts.
  • 21 —- Engine capacity.
  • 22 —- Carriage of Passengers.
  • 23 —- Carriage of Loads.
  • 24 ——Motorcycle ambulances.
  • 25 —- Delivery motorcycles.
  • 26 ——- Unauthorised goods.
  • 27 —Insurance.
  • 28 —- Security.

PARTIII-OFFENCESANDPENALTIES

  • 29 —- Carriage of persons intending to commit an offence.
  • 30 — Riding on pavements and opposite direction.
  • 31 —- Ganging up by riders.
  • 32 —- General penalties.

PARTIV-MISCELLANEOUS

  • 33 —- Powers of inspection and enforcement.
  • 34 —County Legislation.
  • 35 —— Regulations.
  • 36 —Consequential Amendments

SCHEDULE

THE PUBLIC TRANSPORT (MOTORCYCLE REGULATION) BILL, 2023

A Bill for

ANACTofParliamenttoprovidefortheregulationof the bodaboda industry and for connected purposes.

ENACTED by theParliament of Kenya, asfollows--

PARTI-PRELIMINARY

1.This Act may be cited as the Public Transport (Motorcycle Regulation)Act, 2023.

In this Act-

"Authority" means the NationalTransport and SafetyAuthorityestablishedundersection3ofthe National Transport and Safety Authority Act;

"Board" means the County Motorcycle Transport and SafetyBoard established under section 4;

"bodaboda" means samotorcycleusedfor commercialpurposes;

"commercial purposes" means the use of a bodaboda for any trade or business;

"contract" means a written or oral agreement betweentheownerofamotorcycleandariderwhich provides the terms and conditions of engagement, including wages, working hours, duties and responsibilities and other relevant matters;

"county executive committee" has the meaning assigned to it in section 2 of the County GovernmentsAct,

Short title.

Interpretation.

No.33 of2012.

Cap.487

2012;

"county government" has the same meaning assigned to it in the County Governments Act, 2012;

"cubic capacity" means the volume of cylinder of a motorcycle engine;

"customer care" means the provision of courteous and professional services to customers;

"designated parking" means parking areas or zones set aside by county governments for motorcycles;

"delivery motorcycle" means a motorcycle that is designed or adapted primarilyfor the transportation of goods or other items, including any motorcycle that is used for thepurpose of delivery or courier services;

"insurance"means a contract of insurance issued by an insurance company registered under the Insurance Act;

"lane-splitting" means the riding of a motorcycle onapublicroadataspeednotexceedingfifteen kilometresperhourbetween rowsof stationarymotor vehicles or, if the motor vehicles are in motion, at a speed which exceeds the speed of those motor vehicles;

"motorcycle" means any mechanically propelled vehiclewithlessthanfourwheelstheweightofwhich unladen doesnot exceed eight hundred kilograms and operatedforcommercialpurposes;

"owner" means the registered owner of a motorcycle;

"passenger" means a person being transported on a motorcycleforcommercialpurposes;

"reflective jacket" means a vest or jacket made of reflective materialwornbya rider or passenger for Application.

Roles of the County executivecommittee member.

Appointment of Board.

visibilitypurposes;and

"rider" means the person operating or person in controlofamotorcycle.

3. This Act shall apply to all motorcycles used for commercial purposes including public transport services.

PARTII-REGULATIONOFMOTORCYCLES

  • 4.( (1)The county executive committee member shall be responsible for the regulation, management, and coordinationof allmattersrelatingtothemotorcycle transport sector within the county.
  • (2)Withoutprejudice to thegeneralityof subsection (1), the county executive committee member shall--
  • (a) develop policies, regulations, and guidelines on motorcycletransportandsafetymatterswithinthe county;
  • (b)manageandcontrolmotorcycletransportservices within the county, including registration and licensing of motorcycle riders, designate parking and routes;
  • (c)ensure compliancewith theprovisions of thisAct and any other laws related to the transport sector within the county;
  • (d) conduct research and collectdata on transport and safety matters within the county; and
  • (e) develop and implement programs to promote road safety,including training and civic education of riders and passengers.

5. The county executive member may delegate the functionsundersection 4to aBoard.

Composition of the Board.

6.(1) The Board shall consist of

  • (a) a chairperson appointed by the county governor;
  • (b)thecountyexecutivecommitteemember responsible formatters relatingto transport;
  • (c)thecountyexecutivecommitteemember responsible for matters relating to finance;
  • (d) the County Attorney or their representative;
  • (e) the County Police Commander or a representative designated in writing;
  • (f)six personsappointed bythecounty executive committee member responsibleformattersrelatingto transport as follows --
  • (i)twopersonsrepresentingbodaboda riders;
  • (i)two persons representing bodaboda owners; and
  • (ii)two persons representing Cooperative Societies in the county.
  • (2)While making the appointments under subsection (6),the county executive committee member shall —
  • (a)take in to consideration the one third gender rule and ensure that the youth and persons with disabilities a are represented in the membership of the Board; and
  • (b) consider the diversityin respect tothe qualifications of the persons being

Qualificationsfor appointment.

Tenure of office.

appointed.

7. (1) A person qualifies to be appointed as the Chairperson of the Board if that person—- 2. (a)holds a degree from a university recognized in Kenya; 3. (b)has at least fiveyears'experience in matters relating to transport; 4. (c) has resided in the county for a period of not less thanfiveyears.;and 5. (d)meets therequirements of Chapter Six of the Constitution 6. (2)A person qualifies tobe appointed as a member of the Board, if the person— 7. (a) meets the requirements of Chapter Six of the Constitution; 8. (b) has not been convicted of a criminal offence which attracts imprisonment for a term not exceedingsixmonths; 9. (c)has not been adjudged bankrupt or entered into a composition or arrangement with the creditors of the person; 10. (d) is not disqualified under any other written law from appointment as such; 11. (e) in the case of a member under paragraph (f) has at least a post secondary education qualification; and 12. (f) in the case of a member under paragraph (g), has at least a secondary school qualification. 8. (1)The chairperson and members of the Board, shall hold office for a term of three years and may be eligible for re-appointment for an additional final term of three years.

Remuneration of the Board.

Vacancy.

(2) Notwithstanding the provisions of subsection (1), thechairpersonoramemberof theBoardmaybe removed from officeif thatperson—

  • (a) has beenabsentfromthree consecutive meetings of the Committee without justifiable cause or the writtenpermissionof the chairperson;
  • (b)is adjudged bankrupt or enters intoa composition or arrangement with the creditors of the person;
  • () is convicted of an offence involving antieconomic crimes or corruption;
  • (d) becomes incapable of carrying out the functions of their office due to an infirmity of mind or body;
  • (e)violates Chapter Six of the Constitution; or
  • (f)fails to disclose any interest in a matter under considerationbytheBoard as provided for under this Act.

9. Thechairperson and the members of the Board shall be paid such sitting allowances or other remuneration for expenses as recommended by the Salaries andRemuneration Commission.

10. (1)The office of the chairperson or a member of the Board shall become vacant if the holder——

  • (a) dies;
  • (b)resigns from office in writing addressed to the county executive committee member;
  • ()is absentfrom threeconsecutivemeetings ofthe Board without good cause; or

Committees of the Board.

Conductofaffairs and business of the County Committee.

Registrationof motorcycle riders.

  • (d) is removed from office under subsection (2).
  • (2)A person maybe removed as a chairperson or member of theBoard if that person—
  • (a) isabsent withoutpermission ofthe chairperson 1or thecounty executive committeemember from threeconsecutive meetings oftheBoard;
  • (b) contravenes theprovisions ChapterSixof the Constitution;
  • is incapacitated by prolonged physical or mental illness and is unable to discharge the duties of his or her office;
  • (d)is convicted of an offence and imprisoned for a term of more than six months;
  • e failsto complywith theprovisionsof theAct relating to disclosure ofinterest; or
  • is adjudged bankrupt or enters into a composition scheme or arrangement with his orhercreditors.

11. TheBoard may establish such committees as it may consider necessary for the performance of its functions and the exercise of its powers under the Act. 12. (1) The conduct of affairs and business of theBoardshallbeinaccordancewiththeFirst Schedule of this Act.

  • (2) Subject to subsection (1), the Board may amend its own procedures for the better carrying out of its functions.

13. (1)A person whowishes tooperate a motorcycle for commercial purposes in a county shall

Power to suspend or revoke certificate of registration.

CooperativeSocieties Membership.

Cap. 490.

register it in accordancewith theAct.

(2) An application for registration shall be made to the countyexecutivecommitteememberin theprescribed form and shall be accompanied by the prescribed fee.

(3)The county executive committee member shall issue a certificate of registration to the applicant if it is satisfied that the motorcycle meets therequirements prescribed under this Act.

(4) The certificate of registration shall be renewed annually upon payment of theprescribedfee.

(5)The county executive committee member shall submit a copy of the register to the Authority every three months.

14. (1)The county executive committee member maysuspendor revokeanycertificate of registrationissuedunder thisActon thegroundsthat theownerof themotorcycleortheriderof the motorcyclehasfailedorneglectedtocomplywiththe provisions of theAct.

(2)Prior to suspension of the certificate of registration under subsection (1), the county executive committee member shall-

  • (a) inform the holder of a registration certificate of the reasonsfor theproposed suspension orrevocation; and
  • (b)givetheholderofaregistrationcertificatean opportunity to be heard in respect to the proposed suspensionorrevocation.

15. (1) A person who owns a motorcycle for commercialpurposesshallregisterwith a Cooperative Societythatrelatestomotorcycleridersandowners recognised under the CooperativeSocietiesAct.

Training of riders.

Responsibilities of an owner.

  • (2) Each Cooperative Society shall provide proof of registrationof anownerconfirming theirmembership to thecountyexecutivecommitteemember.
  • (3) For purposes of this Act, the membership of an owner to a Cooperative Society shall not be for purposes of forming a gang or cartel by the owners or theriderswhoworkforthem.

3. 16.( (1) A person shall not operate a motorcycle unlesstheyhave successfullycompleteda training course approved by the Authority.

  • (2) The Authority shall ensure that training courses in authorized driving schools include training on—

5. (a) safe and defensive riding techniques; 6. (b) traffic laws and regulations; 7. (c) customer care and etiquette; 8. (d) handling of emergency situations; 9. (e) basic motorcycle maintenance; and 10. (f)security awareness and precautions. 11. (3)Upon completion of the training course,a rider shall be provided with a certificate.

  • (4) The county executive committee member may providefor themanner inwhich thetrainingmaybe offered in the local languages in the county.

17. (1) Every owner of a motorcycle operating for commercial purposes shall not cause orpermit any person to ride their motorcycle unless such person is theholderof avaliddrivinglicenceoravalid provisional licence endorsed in respect of that class of motorcycles and a valid employment contract.

Responsibilitiesofa rider.

  • (2) Every owner shall issue to the rider--

2. (a) two helmets which comply with the standards established bythe Kenya BureauofStandardsandareof the prescribed colour; 3. (b) two reflective jackets which are of the prescribed colour.

(3)Thehelmet and thereflectorjacketprovidedin subsection(2) shallhave theregistrationnumber ofthe motorcycleembossedonthehelmetandjacket.

  • (4) Every owner shall ensure -

2. (a) no structural modificationstothe motorcycle are undertaken that may obstruct the visibility of the rear number plates;

comp:

  • (b) no structural modifications tot the motorcycle are undertaken that may affectthe safe operation of'the motorcycle;
  • (t) no modifications to the exhaust system or any other noise abatement device of a motorcycleare doneso as tocause the noiseemittedbythemotorcycletobe above that emitted by the motorcycle as originally manufactured.

18. (1)Everyrider of atwo-wheeled motorcycle shall—-

  • (a)have a valid driving license issued by the Authority;
  • (b)haveacertificateofregistrationissued bythecountyexecutivecommittee member;
  • (c)ensure that they shall notrideor carrya
  • person on a motorcycle without the prescribed protective gear properly fastened;
  • (d) not carry more than one adult passenger at a time;
  • (e)ensure that a passenger is carried on a proper seat with foot rests securely fixed tothemotorcyclebehind theseatof the rider;
  • (f) ensure that a passenger sits astride the motorcycle;
  • (g) ensure that the headlights of the motorcycle are on at alltimes when riding;
  • (h) ensure that a load exceeding fifty kilograms and an adult passenger are not carried at the same time;
  • (i) keep the protective gear in a clean, dry and generally wearable condition;
  • G)ensurethattherearnumberplatesare visible at all times;
  • (k) overtake on the right hand side and not overtake in the same lane occupied by vehicle being overtaken;
  • (l) observe traffic lights;
  • (m)observe all traffic rules as provided under the Traffic Act;
  • (n) not park in undesignated areas.
  • (2) Every rider of a three wheeled motorcycle shall-
  • (a)notride a motorcycleunless thatperson has a valid driving licence issued by the Authority;
  • (b) not ride a motorcycle that has not been

Cap. 403.

Responsibilities of a passenger.

duly registered under this Act;

  • (t) not ride a motorcycle without properly wearing a seat belt or carry passengers who have not properly worn their seat belts;
  • (d) not carry more than three passengers;
  • (e)ensure thattheheadlightsofthe motorcycleareonatalltimeswhen riding;
  • (f) overtake on the right hand side and not to overtake in the same lane occupied by the vehicle being overtaken;
  • (g) observe traffic lights;
  • (h) nottolanesplitwhereothermotor vehiclesaretraveling ataspeed exceeding tenkilometersper hour or in public roads near . junctions, interchanges, turnoffs, or highway entries and exits;
  • (i)keep the seat belts in a clean, dry and generally wearable condition; and
  • () observe all traffic rules as provided undertheTrafficAct.

19. (1)Every passenger on a two-wheeled motorcycle shall —-

  • (a) properly wear a helmet and reflective jacket whenever being carried;
  • (b)not board or be carried on a motorcycle that already has a passenger except as provided in subsection (2) and Section 22;
  • (c)not board or be carried on a motorcycle that is carrying anyload exceedingfifty

Employment Contracts.

kilograms; and

  • (d) sit astride in the seat fixed behind the rider's seat.

(2) For the purposes of this Act,a child who is less than thirteenyearsoldmaybe carriedtogetherwith an adult passenger provided the child is seated between the rider and the adult passenger.

  • (3) Every passenger in a three wheeled motorcycle shall--

2. (a)wear seatbelt whenever being carried; and 3. (b) not board or be carried on a motorcycle that already has the maximum number of passengers prescribed under section 22.

  • (4) Every passenger who is carried on a two-wheeled motorcycle without wearing a helmet and reflective jacket commits an offence and is liable under this Act.

20. (1)Everyowner of a motorcycle who engages the services of a rider shall enter into a written contract with the rider.

  • (2) The contract shall provide for--

7. (a) the terms and conditions; 8. (b) the duration of the contract; 9. (c)the remunerationandbenefitsof the rider; 10. (d) the eworking hours and overtime arrangements; and 11. (e) the procedures for the termination of the contract. 12. (3)Thecounty executive committee member shall developmodelcontractsfor use byowners of

Engine capacity.

Carriage of Passengers.

Carriage of Loads.

motorcyclesandriders.

21. No person shall use or operate a threewheeled motorcycle with an engine capacity exceeding two hundred and fifty cubic capacity on a public road unless authorized by the county executive committee member. 22. (1) A two-wheeled motorcycle rider shall carry only one passenger. 3. (2)A three-wheeled motorcycle rider shall carry only three passengers.

  • (3) The passenger capacity in subsection (1) and subsection (2) shall not include a child who is less than thirteen years old travelling with an adult passenger.

23. (1) A motorcycle rider shall not carry a load- 6. (a)whosewidthprojectsmore thanfifteen centimetersbeyond theoutsideendof the handle bars; 7. (b)whoseheight ismore than twometres from the ground; 8. (c) whose weight tismorethan fifty kilograms; 9. (d) which projects to the rear beyond the maximum overalllength ofthe motorcyclemore thansixty centimeters. The rear extremity of the load must be plainly indicated by a conspicuous red marker during the day and by a red light at night.

  • (2) The rider of a motorcycle carrying loads shall

Motorcycle ambulances.

ensurethatnopart oftheloadcarrieddrags on the road.

(3)For the purpose of this Act the term "load" excludes luggage carried by a passenger provided such luggage does not exceed ten kilograms in weight and does not project more than fifteen centimeters beyond the outside end of thehandlebars.

  • (4) The luggage in sub-section (3) may be carried together with the passenger provided theluggage is properly secured between the rider and the passenger.

24. (1) The county executive committee member may establish regulations for the use of motorcycle ambulances.

  • (2) Motorcycle ambulances shall be equipped with relevant national and county health authority.
  • (3) Motorcycle ambulances shall be operated by trained medicalpersonnelwhoholdvalidmedical licenses and are registered with the relevant national and county health authority.

5. (4)Motorcycle ambulances shall be fittedwith distinctive markings and lights for identification and to alert other road users. 6. (5)Motorcycleambulances shallcomplywithall otherprovisionsof thisActrelatingtomotorcycles, including but not limited to registration, insurance, and safety requirements. 7. (6)Thecountyexecutive committeemember shall monitor theuse of motorcycleambulances toensure compliance with the regulations and requirements set out in this Act.

(7) No person shall operate a motorcycle as an ambulance unless compliantwith theprovisions of this Delivery motorcycles.

Unauthorizedgoods.

No.4 of 1994. Cap.114.

Act and any relevant laws and regulations.

(8)Any person who violates the regulations and requirements set out in this section commits an offence.

25. (1)Delivery motorcycles shallbe distinguished from passenger motorcycles and shall be subject toregulationsissuedbythecountyexecutive committeemember.

  • (2)The county executive committee member may issue special licensesfor deliverymotorcycles subject tocompliance with the requirementsfor registration, insurance, and safety.
  • (3) The owner or rider of a delivery motorcycle shall ensure that the motorcycle is fitted with appropriate storage compartments to prevent loss or damage to goods in transit.
  • (4) The county executive committee member may designate specific routes andparking areas for delivery motorcycles.
  • (5) Delivery motorcycle shall not carry passengers or be used for any purpose other than the transportation of goods.

26. (1)A person shall not transport any unauthorizedgoodsincludingcontrabandorgoods restricted under the Narcotic Drugs and Psychotropic Substances (Control) Act and the Firearms Act on a motorcycle.

(2) Any person found to be carrying unauthorized goods on a motorcycle commits an offence and is liableunder thisAct.

Insurance.

Security.

No.24 of 2019.

Carriage of persons intending to commit an offence.

27. Every owner of a motorcycleshall have at the minimum a motor commercial public service vehicleinsurancecover. 28. (1)Every owner of a motorcycle shall ensure thatthevehicleisfittedwith a securitydevice approved by the county executive committee member.

  • (2) The security device referred to in sub-section (1) shallincludeatrackingdevicethatallowsforreal-time monitoring of the location of the motorcycle.
  • (3) The county executive committee member shall establishandmaintainadatabaseof allsecurity devices approved for use on motorcycle in the county.

5. (4)Theowner or rider of a motorcycleshallensure that the security device is functional at all times and shallreportanymalfunctionordamagetothedeviceto the county executive committee member.

  • (5) The collection, processing, and use of data obtainedthroughthesecuritydeviceshallbesubjectto the provisions of the DataProtection Act.

PARTIII-OFFENCESANDPENALTIES

29. (1)Anyriderwhoknowingly and intentionallycarriesa personorpersons whoare intending to commit an offence, shall be held strictly liablefor anyoffence committedby the saidperson or persons.

  • (2) For the purposes of this section, the term "offence" shall include anycriminal act or activity as defined by Penal Code or any other relevant law.
  • (3) The rider shall be liable to pay any fines or penalties arising from the offence committed by the said person or persons, in addition to any penalties

Riding on pavements and opposite direction.

Ganging up by riders.

imposed by this Act.

(4) This section shall not apply where the rider was unawareorhadnoreasonablegroundstobelievethat the person or persons being carried were intending to commit an offence.

30. (1) Any person who rides a motorcycle on a pavement or pedestrian walkway, or in any other area that is not designated for motorcycle use commits an offence.

(2) Anypersonwho rides a motorcyclein the opposite directionof trafficflowonaone-waystreetor a designated lane commits of an offence.

(3)Any person found guilty of an offence under this sectionshallbeliableonconvictiontoafinenot exceeding Ksh.20,000 or to imprisonment for a term not exceeding six months or to both.

31. (1) Any rider who participates in ganging up with other riders in an attempt to intimidate, threaten or harm another person in the event of an incident, including but not limited to an accident, commits of an offence.

(2) Upon conviction, the offender shall be liable to a fine not exceeding Ksh 100,000 or to imprisonment for a term not exceeding oneyear,or toboth.

(3)The countyexecutivecommitteemember shall work in collaboration with the relevantlaw enforcement agencies to ensure that any suchincidents are investigated and prosecuted in accordance with this provision.

(4) This provision shall apply to all motorcycle riders and passengers operating on public roads within the county.

General penalties.

Powers ofinspection andenforcement.

32. A person who contravenes any provision of this Actandwhose penaltyis not provided for elsewhere under this Act, commits an offence and is liableonconvictiontoafinenotexceedingtwenty thousand shillings or toimprisonment for a term not exceeding six months, or both.

PARTIV-MISCELLANEOUS

33. (1) The Board and an authorized officer appointed by the Board shall have the power to inspect anymotorcyclefor thepurpose ofensuring compliance with thisAct.

  • (2) The owner or rider of a motorcycle shall cooperate with an authorizedofficer conducting aninspection under this section and shall provide allnecessary documents andinformation.
  • (3) A rider shall ensure that while operating and prior to inspection by an authorized officer, the motorcycle shall-

4. (a) have a valid insurance; 5. (b)be mechanically fit; 6. (c) have the prerequisite protective gear as defined under Section 21 of this Act; and 7. (d) any other requirements as may be prescribed by the Board from time to time. 8. (4)An authorized officer may require the owner or rider of amotorcycletoproduceproofofregistration, insurance, and any other documents required by this Act.

  • (5) An authorized officer may issue a notice of noncompliancetothe owner or rider of a motorcyclefound

Countylegislation.

Regulations.

Consequential amendments.

to be in violation of this Act, specifying the nature of theviolation andrequiring theviolation toberectified within a specified period.

34. Nothing in this Act shall preclude county governments from enacting legislation related to regulation of motorcycles within its county. 35. The Cabinet Secretary responsible for mattersrelating totransportmaymakeregulationsfor the better carrying into effect of the provisions of this Act. 36. Sections21and22oftheNational Transport and Safety Act are repealed.

Meetings of theBoard.

Disclosure of Interest.

SCHEDULE S.6E CONDUCTOFBUSINESSANDAFFAIRSOF BOARD

  • 1.(1) The Board shall meet at least once in every three months to conduct thebusiness oftheBoard.
  • (2) The Chairperson shall convene the ordinary meetings of the Board.
  • (3)Despite the provisions of subparagraph (1),the Chairperson shall, upon a written request by at least five members, convene a special meeting of the Board at any time where the chairperson considers it expedient for the transaction of the business.
  • (4)Unless three quarters of the total number of the members of theBoardotherwise agree,atleastfourteen days respective Secretary.
  • (5) The quorum for the conduct of the business of the Boardshall befivemembers.
  • (6) The chairperson shall preside at every meeting of the Board at which the Chairperson is present and in the Chairperson's absence, the members present shall elect one personfrom their numbertopresideoverthemeeting and that person shall have all the powers of the Chairperson.
  • (7) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of the votes of the members present andvoting and in the case of an equality of votes, the Chairperson or person presiding over the meeting shall have a casting vote.
  • (8) Theproceedings of the Board shall not be invalidated by reason of a vacancywithin itsmembership.
  • (9) Subject to provisions of this Schedule, the Board may determineits own procedure and for the attendance of other persons at its meetings thereof.
  • 2.(1) If a member of the Board is directly or indirectly interested in any matterbefore the Council or the county e-waste committee andispresent attherespectivemeeting atwhich the matter is the subject of consideration, that member shall, at the

meetingandassoonas reasonablypracticableafterthe commencement thereof,disclose the member's interest in the matter and shall not takepartin the deliberations relating tothe matter,orvoteon,thematter.

(2) A disclosure of interest made under this paragraph shall berecordedintheminutesofthemeetingatwhichitismade.

I certify that this printed impression is a true copy of the Bill as passed by theSenate onThursday,5thDecember,2024.

Endorsed for presentation to the National Assembly in accordance with the provisions of standing order 161 of theSenateStanding Orders.

SpeakeroftheSenate

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