CHAPTER 2

THE ACTS OF PARLIAMENT ACT.

Arrangement of Sections.

Section

Part I—Interpretation.

Part III—Procedure following passing of bills.

8.         Preparation of presentation copies.

9.         Assent by the President.

10.      Presentation of the bill for assent under article 91.

11.      Numbering.

12.      Original copies of Acts assented to by the President or becoming law without the assent of the President.

13.      Publication.

Part IV—Commencement of Acts.

14.      Commencement of Acts.

15.      Citation.

Part V—Certificates relating to bills amending the Constitution.

16.   Bills amending the Constitution.

Part VI—Miscellaneous.

17.      Amendment and repeal in same session.

18.      Reprint and revised edition.

19.      Date of passing of Act.

CHAPTER 2

THE ACTS OF PARLIAMENT ACT.

Commencement: 12 December, 2000.

An Act to provide for the form and commencement of Acts of Parliament, for the procedure following the passing of bills and for

other related matters.

Part I—Interpretation.

1.     Interpretation.

In this Act unless the context otherwise requires—

(a)       “Act” means a law made by Parliament;

(b)       “assent” means the assent of the President signifying his or her approval of a bill passed by Parliament under article 91 or 262 of the Constitution;

(c)       “bill” means the draft of an Act of Parliament and includes both a private member’s bill and a Government bill;

(d)       “certificate” means a certificate referred to in section 16;

(e)       “clerk” means the clerk to Parliament or a deputy clerk or any other person performing the duties of the clerk by direction of the Speaker;

(f)        “Electoral Commission” means the Electoral Commission established by article 60 of the Constitution;

(g)       “Government printer” means the printer authorised generally to print and publish written laws and other publications of the Government;

(h)    “original copies” means original copies prepared in accordance

with sections 8 and 12; (i)     “Parliament” means the Parliament of Uganda; (j)     “session” means a series of meetings of Parliament within a

period of twelve months; (k)    “Speaker” means the Speaker of Parliament and Deputy Speaker

shall be construed accordingly.

Part II—Forms of Acts and bills.

2.      Acts and bills.

This Act shall apply with respect to the forms of Acts of Parliament and the forms of bills shall correspond with this Act.

3.      Title.

Every Act shall bear at the head a short title immediately followed by a long title describing the leading provisions of the Act.

4.      Words of enactment.

(1)       Every Act shall be prefaced by the words of enactment specified in the First Schedule to this Act.

(2)       The words of enactment shall be taken to extend to all sections and to any schedules and other provisions contained in the Act.

5.      Subdivisions.

Where an Act contains more than one enactment it shall be divided into sections and sections containing more than one enactment shall be divided into subsections.

6.      Style of Statutes.

Unless the situation warrants otherwise all Statutes in Uganda shall be styled Acts.

7.      Acts to be public Acts.

Every Act is, and shall be judicially noticed as, a public Act.

Part III—Procedure following passing of bills.

8.      Preparation of presentation copies.

(1)    As soon as possible after a bill has been passed by Parliament, the clerk shall cause the text of the bill as passed to be sent to the Government

printer who shall print ten copies of the bill on vellum or on paper of enduring quality and send the copies as printed to the clerk.

(2)    On receiving the copies, the clerk shall—

(a)       cause to be made in the copies such corrections as relate to misprints, typographical errors and wrong references, if any, as are necessary;

(b)       carefully compare the copies with the text of the bill as passed;

(c)       if the copies are found to be correct sign on each copy a statement in the form set out in Part I of the Second Schedule to this Act; and

(d)       cause the copies to be presented to the President for assent.

9.      Assent by the President.

(1)       The President shall, subject to article 91 or 262 of the Constitution, assent to the bill presented to him or her under section 8 by signing on each copy of the bill a statement in the form set out in Part II of the Second Schedule to this Act.

(2)       A bill shall become an Act of Parliament on the signature by the President of the first of the copies referred to in subsection (1).

(3)       A bill which becomes law under article 91 or 262 of the Constitution without the assent of the President shall be deemed to have become law on the day on which the Speaker of Parliament causes a copy of the bill to be laid before Parliament under article 91 or 262 of the Constitution.

(4)       On the day on which a bill is stated to become law under subsection (3), that bill shall be deemed to become an Act of Parliament.

10.    Presentation of the bill for assent under article 91.

Where the bill has been returned to Parliament under article 91(3)(b) or (c) of the Constitution and Parliament has reconsidered the bill and passed it again, the clerk shall present the bill for the second time to the President for assent; and sections 8 and 9 shall apply with necessary modifications.

11.    Numbering.

(1)       Acts shall be numbered consecutively in the order in which they become Acts and the numbering shall begin afresh at the commencement of a calendar year.

(2)       As soon as the President has signed a copy of an Act under section 9 or 10 or a bill becomes an Act under article 91 or 262 of the Constitution without the assent of the President, the clerk shall cause the number of the Act to be entered on a copy of the Act signed or which has become law without the assent of the President, as the case may be.

12.    Original copies of Acts assented to by the President or becoming
law without the assent of the President.

(1)       Subject to subsection (2) or (3), where the procedure prescribed in sections 8, 9, 10 and 11 purports to have been followed in relation to copies of an Act, the copies shall be deemed to be original copies of the Act and shall be conclusive evidence of the terms of the Act, its number and date of assent or the date on which it became law without the assent of the President.

(2)       Where a bill becomes law under article 91 of the Constitution without the President’s assent, the clerk shall prepare four copies of the Act and shall certify on each copy a statement in the appropriate form set out in Part III of the Second Schedule to this Act to the effect that the bill became law without the assent of the President.

(3)       Where a bill has become law without the assent of the President under article 262 of the Constitution, the clerk to Parliament shall prepare four copies of the Act and shall certify on each copy a statement in the form set out in Part IV of the Second Schedule to this Act to the effect that the bill became law without the assent of the President.

(4)       The copies of an Act certified by the clerk under subsection (2) or (3) shall be deemed to be the original copies of the Act; and subsection (1) shall apply to them.

(5)       Two of the original copies of each Act under this section shall be retained by the President in the case of an Act assented to by the President or, as the case may be, given to the President where the bill has become law

without the assent of the President; and one each of the other two shall be deposited with the Chief Justice and the Speaker.

13.    Publication.

(1)     Every Act shall be published by the Government printer as soon
as possible after the President’s assent has been signified or the bill has
otherwise become law without the President’s assent under article 91 or 262
of the Constitution, and shall be published—

(a)       with the omission of the statements contained in the original copies by virtue of sections 8, 9, 10 and 12;

(b)       with the insertion of a statement of the date on which the President’s assent was signified or, as the case may be, the date on which the bill became law without the assent of the President under article 91 or 262 of the Constitution and the date of commencement if known.

(2)     A copy of any Act other than an original copy purported to have
been printed or published by the Government Printer shall be prima facie
evidence of the terms of the Act, its number and the date of assent.

Part IV—Commencement of Acts.

14.    Commencement of Acts.

(1)       Subject to this section, the commencement of an Act shall be such date as is provided in or under the Act, or where no date is provided, the date of its publication as notified in the Gazette.

(2)       Every Act shall be deemed to come into force at the first moment of the day of commencement.

(3)       A provision in an Act regulating the coming into force of the Act or any part of the Act shall have effect notwithstanding that the part of the Act containing the provision has not come into operation.

(4)       Where an Act is made with retrospective effect, the commencement of the Act shall be the date from which it is given or deemed to be given that effect.

(5)       Subsection (4) shall not apply to an Act until there is notification

in the Gazette as to the date of its publication; and until that date is specified, the Act shall be without effect.

15.    Citation.

The citation of the short title to an Act shall be sufficient to identify the Act.

Part V—Certificates relating to bills amending the Constitution.

16.    Bills amending the Constitution.

(1)       A certificate required to be made by the Speaker of Parliament in respect of a bill passed in accordance with article 261 of the Constitution shall be in the form specified in Part V of the Second Schedule to this Act.

(2)       A certificate required to be made by the Speaker of Parliament by article 262 of the Constitution in respect of a bill passed in accordance with article 259 of the Constitution shall be in the form specified in Part VI of the Second Schedule to this Act.

(3)       A certificate required to be made by the Speaker of Parliament by article 262 of the Constitution in respect of a bill passed in accordance with article 260 of the Constitution shall be in the form specified in Part VII of the Second Schedule to this Act.

(4)       A certificate of the Electoral Commission required by article 262 of the Constitution in respect of a bill passed in accordance with article 259 of the Constitution shall be in the form specified in Part VIII of the Second Schedule to this Act.

(5)       A certificate of the Electoral Commission required by article 262 of the Constitution in respect of a bill passed in accordance with article 260 of the Constitution shall be in the form specified in Part IX of the Second Schedule to this Act.

(6)       The speaker of each district council shall, where a bill seeking to amend the Constitution has been ratified by the council for the purposes of article 260 of the Constitution, issue a certificate in the form specified in Part X of the Second Schedule to this Act.

(7) A certificate under this section signed by the Speaker or the chairperson of the Electoral Commission, as the case may be, shall be prima facie evidence of the facts stated in the certificate.

Part VI—Miscellaneous.

17.    Amendment and repeal in same session.

An Act passed in any session of Parliament may be amended or repealed in the same session.

18.    Reprint and revised edition.

(1)       An Act which has been amended may, with the authority of the Attorney General, be reprinted with all the necessary additions, omissions, substitutions and amendments effected by the amending Act.

(2)       The Attorney General may, by statutory order, approve the Act reprinted under subsection (1) and shall, in that order appoint a day from which every copy of the Act reprinted shall be judicially noticed as an authentic copy of the Act as amended.

(3)       The Attorney General may, by statutory instrument, order a revised edition of the written law or any part of it to be printed subject to such conditions as may be specified in the instrument.

(4)       An instrument made under subsection (3) shall be laid before Parliament and shall be subject to annulment by Parliament by resolution passed within forty sitting days after it has been laid and shall cease to have effect when so annulled but without prejudice to the making of a further instrument.

19.    Date of passing of Act.

(1)       The date on which an Act is passed is the day on which the President signifies on the bill for the Act the giving of the President’s assent to the bill as provided for under this Act or the date on which it became an Act without the President’s assent under article 91 or 262 of the Constitution.

(2)       Where the date appearing on an Act printed or purporting to be printed by the Government printer purports as the case may be to be—

(a)       the day on which the President assented to it; or

(b)       the date on which it otherwise became law, the apparent date shall be received as evidence that it was the date that it purports to be and shall be judicially noticed accordingly.

SCHEDULES

First Schedule.

s. 4.

Words of enactment.

Be it enacted by Parliament as follows:

Second Schedule.

s. 8.

Forms.

Part I.

Form of authentication statement.

This printed impression has been carefully compared by me with the bill which was passed by Parliament and found by me to be a true copy of the bill.

Clerk to Parliament

Date of authentication:

s. 9. Part II. Form of statement of the President’s assent. I signify my assent to the bill.

Date of assent:

s. 12.

Part III.

Forms of statement of the clerk to Parliament for a bill enacted without the assent of the President under article 91 of

the Constitution.

Form A.

Form of Statement of the Clerk to Parliament for a Bill That Has Become

Law Without the Assent of the President Because the President Has Failed

to Do Any of the Acts Specified in Article 91(3) of the Constitution.

Whereas the _______________________________________  bill (name of

bill) ______________________________  (year) was passed by Parliament

on the _____  day of ___________________________  (month and year);

And whereas the bill was on the ____  day of _______________________

(month and year) presented to the President for his/her assent;

And whereas the President has failed to do any of the acts specified in article 91(3) of the Constitution in relation to the bill within thirty days after the bill was presented to him/her;

And whereas the Speaker of Parliament has on the ______________  day of

_____________________  (month and year) caused a copy of the bill to be

laid before Parliament;

Now therefore I certify that in accordance with article 91(3) of the

Constitution   the   ________________________    (name   of   bill)   bill

__________  has (year) become law without the assent of the President on the

______  day of _____________________________________  (month and

year).

Clerk to Parliament

Date of certification:

s. 12. Form B. Form of Statement of the Clerk to Parliament for a Bill That Becomes Law Without the Assent of the President under Article 91(5) of the

Constitution.

Whereas the ____________________________________  (name of bill) bill

______________  (year) was passed by Parliament on the _______  day of

___________________________  (month and year);

And whereas the bill was presented to the President for his/her assent
on the _____  day of ____________________________  (month and year);

And whereas the President on the ______  day of ___________________

(month and year) returned the bill to Parliament with a request that—

(a)       the bill; or

(b)       the following provision(s) of the bill _____________________

_________________  (indicate provision(s) to be reconsidered)

be reconsidered by Parliament;

And whereas Parliament reconsidered the bill and passed it again on the

______  day of ______________  and presented it for the second time to the

President on the _____  day of _____________________  (month and year)

for assent;

And whereas the President returned the bill to Parliament for a second time
on the _____  day of ________________________  (month and year);

And whereas the bill was, on the ____  day of ________________  (month

and year) passed the third time by Parliament with the support of

_________________  (number of members in support) members  of

Parliament, being not less than two-thirds of all the members of Parliament,

the total membership of Parliament at the time being ____________  (state

total membership of Parliament) members;

And whereas the Speaker of Parliament has on ___________  the day of

___________________  (month and year) caused a copy of the bill to be laid

before Parliament;

Now therefore I certify that the ____________________________  (name

of bill) bill ___________  (year) has become law on the ________  day of

________________  (month and year) without the assent of the President.

Clerk to Parliament

Date of certification:

s. 12. Form C. Form of Statement of the Clerk to Parliament for a Bill Which Becomes Law under Article 91(6) of the Constitution Without the Assent of the

President.

Whereas the _________________________  (name of bill) bill _________

(year) was passed by Parliament on the ____  day of _________________

(month and year);

And whereas the bill was presented to the President on the ______  day of

_________________________  (month and year) for his/her assent;

And whereas the President on the _____  day of ______________  (month

and year) notified Parliament that he/she refuses to assent to the bill.

And whereas Parliament reconsidered the bill and passed the bill a second
time on the _____  day of ________________________  (month and year);

And whereas the President has refused to assent to the bill when reconsidered and passed by Parliament;

And whereas the bill after reconsideration was passed by Parliament with the

support of ________________  (number of members in support) members

of Parliament, being not less than two-thirds of all the members of
Parliament, the total membership of Parliament at the time being
_____________________  (state total membership of Parliament) members;

And whereas the Speaker of Parliament has, on the ____________  day of

______________________  (month and year) caused to be laid before

Parliament a copy of the bill;

Now therefore I certify that the _______________________  (name of bill)

bill _______  (year) has become law without the assent of the President of the

day of _______________  (month and year) under article 91(6) of the

Constitution.

Clerk to Parliament Date of certification:

s. 12.

Part IV.

Form of Statement of the Clerk for a Bill Passed Without the Assent of the President under Article 262 of the Constitution.

Whereas the ___________________  (name of bill) bill __________  (year)

seeking to amend article(s) ______________________________________

(indicate the article(s) sought to be amended) of the Constitution was on the
______  day of ______________  (month and year) passed by Parliament;

And whereas the bill was submitted to the President for assent on the ___

day of ______________  (month and year);

And whereas the President has refused to assent to the bill/failed to assent to the bill within thirty days after the bill was submitted as provided for in article 262(4) of the Constitution:

And whereas the Speaker on the ____  day of _____________  (month and

year) caused a copy of the bill to be laid before Parliament in accordance with article 262 of the Constitution;

Now therefore I certify that the ____________________  (name of bill) bill

________  (year) has become law without the assent of the President under

article 262 of the Constitution on the _____  day of ____________  (month

and year).

Dated this _____  day of ______________  , 20 ____.

Clerk to Parliament

s. 16(1). Part V.

Form of Certificate of Compliance with Article 261 of the Constitution Required to be Made by the Speaker of Parliament.

I certify that the _______________________________  (name of bill) bill,

________  (year) seeking to amend article(s) _______________________

(indicate the article(s) sought to be amended) of the Constitution has been

supported by ___________  (number of members in support) members of

Parliament at the second reading and supported by ___________________

(number of members in support) members of Parliament at the third reading in Parliament, being in each case not less than two-thirds of all the members of Parliament, the total membership of Parliament at the time, being

______________________  (state total membership of Parliament); and that

the provisions of article 261 of the Constitution have been complied with in relation to the bill.

Dated this _____  day of ______________  , 20 ____.

Speaker of Parliament

s. 16(2).

Part VI.

Form of Certificate of Compliance with Articles 259 and 262 of the Constitution Required to be Made by the Speaker of Parliament.

I certify that the ________________  (name of bill) bill, _________  (year)

seeking to amend article(s) _______________________________  (indicate

the article(s) sought to be amended) of the Constitution being an article (or

articles) referred to in article 259 of the Constitution was on the _____  day

of ___________________  (month and year) supported by ____________

(number of members in support) members of Parliament at the second

reading and on the _______  day of ________________  (month and year)

supported by ______________  (number of members in support) members

of Parliament at the third reading in Parliament, at a time when the total

membership of Parliament was _______________  (state total membership

of Parliament) and that the provisions of Chapter Eighteen of the Constitution have been complied with in relation to the bill.

Dated this _____  day of ______________  , 20 ____.

Speaker of Parliament

s. 16(3).

Part VII.

Form of Certificate of Compliance with Articles 260 and 262 of the Constitution Required to be made by the Speaker of Parliament.

I certify that the ________________________________  (name of bill) bill,

_______  (year) seeking to amend article(s) ________________________

(indicate the article(s) sought to be amended) of the Constitution, being an article (or articles) referred to in article 260 of the Constitution, was on the

______  day of ______________________  (month and year) supported by

___________________  (number of members in support) members of

Parliament at the second reading and on the __________________  day of

______________  (month and year) supported by __________________

(number of members in support) members of Parliament at the third reading in Parliament, at a time when the total membership of Parliament was

_________________________  (state total membership of Parliament) and

that the provisions of Chapter Eighteen of the Constitution have been complied with in relation to the bill.

Dated this _____  day of ______________  , 20 ____.

Speaker of Parliament

s. 16(4).

Part VIII.

Form of Certificate by the Electoral Commission in Compliance with Articles 259 and 262 of the Constitution.

I certify that in compliance with article 259 of the Constitution a referendum

was held on the ______________________________  (date of referendum)

regarding the __________________________________  (name of bill) bill,

______________  (year) and the amendment of article(s) ______________

_______________________________________  (indicate the article(s)

sought to be amended) of the Constitution was in accordance with Chapter
Eighteen of the Constitution, referred to and approved by the people in the
referendum held on the _____  day of ______________  (month and year).

Dated this _____  day of ______________  , 20 ____.

Chairperson, Electoral Commission

s. 16(5).

Part IX.

Form of Certificate by the Electoral Commission Compliance with Articles 260 and 262 of the Constitution.

I certify that in accordance with article 260 of the Constitution at least two-thirds of the members of the district council in each of at least two-thirds of all the districts in Uganda, namely, the districts specified in the Schedule to this certificate, have, in accordance with Chapter Eighteen of the

Constitution, ratified the _______________________________________

(name of bill) bill, _________________________  (year) seeking to amend

article(s) ____________________    (indicate the article(s) sought to be

amended) of the Constitution.

Schedule.

District councils supporting ratification of bill.

Dated this _____  day of ______________  , 20

Chairperson, Electoral Commission