Today’s #FridayRead looks at environmental sanitation under the Public Health Act, 2012 (Act 851)
In order to regulate sanitation in the environment or public place, the Act prohibits the carrying out of business in noxious or offensive trade. A business or trade is noxious or offensive if it:

• impairs or endangers the health of the public inhabiting or using a neighbourhood;
• causes damage to the lands, crops, cattle, or goods;
• causes material interruption to the public in their lawful businesses or occupation;
• materially affects the value of people’s properties;
• Pollutes or fouls the water of a well, tank, spring, reservoir, or place used or intended to be used for the supply of water for human or animal consumption.

It is interesting to note that the carrying out of a noxious or offensive business is an offence punishable on summary conviction to a fine of not more than GHC 9,000.00 or to a term of imprisonment of not more than three years. It is worthy to note that for each day that the offence continues or is repeated, it is punishable by both the fine and the term of imprisonment stated above.

Today’s #FridayRead looks at one of the key roles of the District Assemblies under the Local Government Act, 2016 (the “Act”)
Under the Act, each District Assembly is established as the planning authority for its area of authority for the purposes of national economic planning. The District Assembly as the planning authority performs planning functions including issuing permits to carry out physical development on land.

It is interesting to note that, where a physical development on land has been carried out without a permit or conditions incorporated in a permit, the District Planning Authority will give a written notice to the owner of the land requiring that owner to show cause why the unauthorized physical development should not be prohibited, altered, abated, recovered or demolished.
Where the owner of the land fails to show sufficient cause why the development should not be prohibited, the District Planning Authority may carry out the prohibition or demolition and recover any expenses incurred from the owner of the land as if it were a debt due to the District Planning Authority.

In today’s #Fridayread we consider the National Computer Emergency Response Team (“NCERT”) established by the Cyber Security Act 2020 (the “Act”)
The NCERT as established by the Act is made up of qualified persons and experts tasked with operations that supports the detection, analysis and containment of cyber incidents. The NCERT is set up to prohibit and contain unauthorised access, disruption or misuse of critical information systems.
It is interesting to note that the NCERT will operate through the Sectoral Computer Emergency Response Team (“SCERT”) which includes the public sector, banking and financial sector, telecommunication sector, energy and utilities sector, military sector, national security sector, academic sector, health sector, transportation sector and any other sector determined by the Cyber Security Authority (the “Authority”)
The NCERT is required to perform the following function:

1. 1. Responding to cyber security incidents;
   2. Co-ordinate responses to cyber security incidents among public institutions, private institutions and international bodies; and
   3. Oversee the operations of the SCERT

In light of the above, the Authority is empowered under the Act to intercept, disable or take-down a digital technology, digital service or a digital product that is likely to undermine the cyber security of the country.

In Today’s FridayRead we look at the pre-requisite for a license under the Bank and Specialised Deposit Taking Institution Act, 2016 (the “Act”).
The Act provides that the Bank of Ghana (the “BOG”) has the sole responsibility for the issuance of licenses to banks and specialised deposit taking institutions in Ghana.
An institution shall not accept a deposit from the public or carry on a deposit-taking business in or from within Ghana without a licence issued in accordance with the Act. For a license to be issued, an applicant must satisfied BOG that:

(a) Feasibility report submitted by the applicant is based on sound analysis;
(b) the proposed directors and key management personnel of the applicant are fit and proper persons;
(c) the significant shareholders are suitable and the ownership structure of the proposed bank or specialised deposit taking institution will not hinder effective supervision;
(d) the paid-up capital of the applicant is adequate and the original sources of capital are acceptable and do not include borrowed funds;
(e) the arrangements for governance, including accounting, risk management, and internal control systems and records of the applicant are adequate;
(f) the applicant is not a shell company; and
(g) the applicant has complied with the Act, the Regulations, directives, and other legally-binding instruments made under the Act and any conditions that the BOG may impose.

It is worthy to note that BOG may refuse an application for a licence to carry on deposit-taking business or revoke a licence issued based on factors including instances where the applicant provide false, misleading or inaccurate information among other things.

The Act regulates the exchange of foreign currency, international payment transactions
and foreign exchange transfers and business and other related matters.
The Act provides that the Bank of Ghana (“BOG”) is the licensing, regulatory and supervisory authority to give effect to the Act. It is interesting to note that, BOG as part of its responsibilities of implementing the provisions of the Act, is empowered to make rules, issue notices, guidelines and manuals to ensure the effective implementation of this Act.
In light of the above, the BOG in its notice No. BG/GOV/SEC/2022/04, prohibits institutions and individuals from pricing, advertising, receipt and making payment for goods and services in foreign currency.
It is worthy to note that the pricing, advertising, receipt and making of payment in foreign currency without a written authorization from BOG is an offence punishable on summary conviction by a fine of 700 penalty units or a term of imprisonment of not more than 18 months, or both.