Saturday, December 5, 2020

The Emergency Powers Regulations

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PART TWO

The President proclaimed a state of emergency on 26th March 2020 and subsequently under the Emergency Powers Act he made several regulations known as Emergency Powers Regulations with a view to safeguarding public safety and public healthy even though these regulations may contravene certain fundamental rights and freedoms.

Foroyaa is publishing all the regulations so that the public will know the restrictions in place. So far we have published the Restrictions on Public Transportation Emergency Powers Regulations, 2020 (Legal Notice No. 15 of 2020 Legal Notice No. 19 of 2020 which is an amendment of Legal Notice No. 15 of 2020).

In this edition we are publishing Restrictions on Open Markets and Shipping Areas Emergency Powers Regulations, 2020.

ISSN 0796 – 0271

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Supplement      “A”      to     The      Gambia      Gazette      No. 21     of     31st      March,      2020

Legal   Notice   No. 13   of     2020

REPUBLIC OF THE GAMBIA

EMERGENCY POWERS ACT

CAP. 17:04 VOL. 4 LAWS OF THE GAMBIA

RESTRICTIONS ON OPEN MARKETS AND SHIPPING AREAS

EMERGENCY POWERS REGULATIONS, 2020

IN EXERCISE of the powers conferred on the president by section 3 of the Emergency powers Act, these regulations are made.

  1. Citation, and duration

(1)   These Regulations may be cited as Restrictions on Open Markets and Shopping Areas Emergency Powers Regulations, 2020.

(2)   These Regulation shall apply through The Gambia.

(3)   These Regulations shall subsist until the end of the Proclamation of public emergency issued on the 26th March 2020.

  1. Closure of non-food retail outlets in markets

(1)   All non-food outlets in all markets throughout The Gambia and with a one hundred metre redius of a market shall be closed to the public for business.

(2)   A person trading in food products in any market shall open for business between the hours of 6.00 a.m. and 2.00 p.m. each day

  1. Social distancing in markets

(1)   All persons trading in food products placed on temporary stalls in a market shall maintain a minimum distance of two metres between any two stalls.

(2)   A person trading in food products in any market shall serve one customers at a time.

  1. Public hygiene

All persons operators in market and non-market shops and

(a)    Have hygiene material available for us by their customers;

(b)   Cleanse their places of business with water and a disinfectant at the close of every working day.

Restrictions in concentrated shipping areas

The owners of shops located in areas with more than five interlinked shops shall ensure that there is a maximum of two customers in every ship at any one time and comply with the social distancing guidelines  of the  Ministry of Health

  1. Inspectors

(1)   The Local government authorities and the State Security Services shall designate their officers as Inspectors to enforce these Regulations.

(2)   The inspectors shall be in clearly identifiable uniforms at all times in the course of executing their duties.

(3)   In order to enforce these Regulations, an Inspector shall have the power, with prior notice and at any time, to.

(a)    Close any non-food business in the markets;

(b)   Enter and inspect any business premises in the occupation or under the control or possession of a trade in the market; and

(c)    Do any other thing necessary or expedient for the proper discharge of his or her functions under these Regulations.

(4)   A person shall not obstruct an Inspector in the exercise of his or her functions.

  1. Offences and penalties

(1)   A person who breaches a provision of these Regulations commits and offence and it liable on conviction to a fine of ten thousand dalasis.

(2)   A non-food trader in a market who breaches a provision of these Regulations shall have his or her trade licence-

(a)    suspended after his or her arrest; and

(b)   revoked after his or her conviction.

MADE THIS 31ST DAY OF MARCH, 2020.

  1. ADAMA BARROW

PRESIDENT OF THE REPUBLIC OF THE GAMBIA

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