Uganda Legal Information Institute - Professions and Occupations https://old.ulii.org/taxonomy/term/37 en Accountants Act https://old.ulii.org/node/23772 <section class="field field-name-field-chapterno field-type-text field-label-above view-mode-rss"><h2 class="field-label">Chapter number:&nbsp;</h2><div class="field-items"><div class="field-item even">266</div></div></section><section class="field field-name-field-inforce field-type-text field-label-above view-mode-rss"><h2 class="field-label">In-force:&nbsp;</h2><div class="field-items"><div class="field-item even">Yes</div></div></section><section class="field field-name-field-consoldate field-type-date field-label-above view-mode-rss"><h2 class="field-label">Date of consolidation:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="date-display-single" property="dc:date" datatype="xsd:dateTime" content="2000-12-31T00:00:00+02:00">31 December 2000</span></div></div></section><section class="field field-name-field-clegdownload field-type-file field-label-above view-mode-rss"><h2 class="field-label">Download of Original File:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="file"><img class="file-icon" alt="Microsoft Office document icon" title="application/msword" src="/modules/file/icons/x-office-document.png" /> <a href="https://old.ulii.org/system/files/legislation/consolidated-act/266/consolidated_act_2000_266.doc" type="application/msword; length=198515">consolidated_act_2000_266.doc</a></span></div></div></section><section class="field field-name-field-volume-subject field-type-taxonomy-term-reference field-label-above view-mode-rss"><h2 class="field-label">Volume Subject:&nbsp;</h2><ul class="field-items"><li class="field-item even"><a href="/taxonomy/term/37" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Professions and Occupations</a></li></ul></section><div class="field field-name-body field-type-text-with-summary field-label-hidden view-mode-rss"><div class="field-items"><div class="field-item even" property="content:encoded"><div> <p> </p> <p><strong>CHAPTER 266</strong></p> <p><strong>THE ACCOUNTANTS ACT. </strong><strong>Arrangement of Sections.</strong></p> <p>Section</p> <p>Part I—Interpretation.</p> <p>1.          Interpretation. Part II—Establishment of the institute and the council.</p> <p>2.          Establishment of the institute.</p> <p>3.          Seal of the institute.</p> <p>4.          Functions of the institute.</p> <p>5.          Eligibility for membership of the institute.</p> <p>6.          Enrollment.</p> <p>7.          Disqualification from enrollment.</p> <p>8.          Registration.</p> <p>9.          Certified public accountant of Uganda.</p> <p>10.       Meetings of the institute.</p> <p>11.       The council.</p> <p>12.       Members of the council.</p> <p>13.       Functions of the council.</p> <p>14.       Meetings of the council.</p> <p>Part III—Establishment of the examinations board.</p> <p>15.       Establishment of the examinations board.</p> <p>16.       Functions of the examinations board.</p> <p>Part IV—Secretary, registrar and staff of the institute.</p> <p>17.      Secretary of the institute.</p> <p>18.      Registrar of accountants.</p> <p>19.      Other staff.</p> </div> <p> </p> <div> <p>Part V—Regulation of public practice.</p> <p>20.      Practising accountancy.</p> <p>21.      Certificate of practice.</p> <p>22.      Renewal of certificate.</p> <p>23.      Licence of practice.</p> <p>24.      Renewal of licence.</p> <p>25.      Associate accountant of Uganda.</p> <p>Part VI—Disciplinary committee and inquiries.</p> <p>26.      Establishment of a disciplinary committee.</p> <p>27.      Complaints against accountants.</p> <p>28.      Secretary to the disciplinary committee.</p> <p>29.      Procedure of the disciplinary committee.</p> <p>30.      Committee’s decision.</p> <p>31.      Report to the council.</p> <p>32.      Appeal to the High Court.</p> <p>33.      Implementation of the committee’s orders.</p> <p>Part VII—Financial provisions.</p> <p>34.      Funds of the institute.</p> <p>35.      Borrowing power.</p> <p>36.      Investment.</p> <p>37.      Financial year.</p> <p>38.      Accounts and audit.</p> <p>39.      Annual subscription fee.</p> <p>Part VIII—Miscellaneous provisions.</p> <p>40.      Registers.</p> <p>41.      Extract from the register.</p> <p>42.      Alteration of the register.</p> <p>43.      Other committees.</p> <p>44.      Inspection of offices.</p> <p>45.      Professional code of ethics.</p> <p>46.      Byelaws.</p> <p>47.      Power to amend the Schedules.</p> <p>48.      Construction of qualifications in existing laws.</p> <p>49.      Eligible persons for first enrollment.</p> </div> <p> </p> <div> <p>50.      Interim president and council.</p> <p>51.      First enrollment.</p> <p>52.      Contribution to establishment of the institute.</p> <p>53.      First general meeting.</p> <p>54.      Handing-over by interim council.</p> <table cellpadding="0" cellspacing="0" style="height:112px; width:83px"> <tbody> <tr> <td> <p><em>First Schedule Second Schedule Third Schedule Fourth Schedule</em></p> </td> </tr> </tbody> </table> <div> </div> <p><strong>Schedules</strong></p> <p>Meetings of the institute.</p> <p>Meetings of the council.</p> <p>Procedure of the disciplinary committee.</p> <p>Professional code of ethics.</p> </div> <p> </p> <div> <p><em>Fifth Schedule</em></p> <p> </p> <p>Recognised institutes for first enrollment.</p> </div> <p> </p> <div> <p><strong>CHAPTER 266 </strong></p> <p><strong>THE ACCOUNTANTS ACT.</strong></p> <p><em>Commencement</em>: 7 August, 1992.</p> <p><strong>An Act to establish an Institute of Certified Public Accountants of</strong></p> <p><strong>Uganda, to provide for a council responsible for the management of</strong></p> <p><strong>the institute, to provide for the requisition and control of accountants</strong></p> <p><strong>and to provide for the disciplining of accountants and the</strong></p> <p><strong>maintenance of professional standards.</strong></p> <p>Part I—Interpretation.</p> <p><strong>1.</strong><strong>      Interpretation.</strong></p> <p>In this Act, unless the context otherwise requires—</p> <p>(a)       “accountant” means a certified public accountant or an associate accountant registered under this Act;</p> <p>(b)       “council” means the council of the institute established under section 11;</p> <p>(c)       “disciplinary  committee”  means  a  disciplinary  committee established under section 26;</p> <p>(d)       “examinations board” means the examinations board appointed under section 15;</p> <p>(e)       “institute” means the Institute of Certified Public Accountants of Uganda established under section 2;</p> <p>(f)        “member”, in relation to the institute, includes an associate member of the institute;</p> <p>(g)     “Minister” means the Minister responsible for finance;<br /> (h)    “president” means the president of the council elected under</p> <p>section 12(3); (i)     “registrar” means the registrar of accountants designated under section 18.</p> <p>Part II—Establishment of the institute and the council.</p> <p><strong>2.</strong><strong>      Establishment of the institute.</strong></p> <p>(1)    There is established an institute to be known as the Institute of Certified Public Accountants of Uganda which shall be a body corporate</p> </div> <p> </p> <div> <p>having perpetual succession and may sue or be sued in its corporate name.</p> <p>(2) The institute may hold, acquire or dispose of any property, movable or immovable.</p> <p><strong>3.</strong><strong>      Seal of the institute.</strong></p> <p>(1)       The institute shall have a common seal which shall be kept in the custody of the secretary and which shall not be affixed to any document except by order of the council.</p> <p>(2)       The seal of the council shall be authenticated by the signatures of the president and secretary in the presence of two other members of the council who shall sign the document independently of the signature of any person who may have signed the document as a witness.</p> <p><strong>4.</strong><strong>      Functions of the institute.</strong></p> <p>The functions of the institute shall be—</p> <p>(a)       to regulate and maintain the standard of accountancy in the country; and</p> <p>(b)       to prescribe or regulate the conduct of accountants in Uganda.</p> <p><strong>5.</strong><strong>      Membership of the institute.</strong></p> <p>(1)     The institute shall have the following categories of membership—</p> <p>(a)       full membership;</p> <p>(b)       associate membership; and</p> <p>(c)       honorary membership.</p> <p>(2)     A person shall be eligible for membership of the institute who—</p> <p>(a)       passes the qualifying examinations conducted by the board under this Act for membership of the institute and completes practical training prescribed by the council; or</p> <p>(b)       is a member of a society or institute of accountants approved by the council as being a society or institute with a status equivalent to that of the institute.</p> <p>(3)     The council may provide that—<br /> (a)    a specific class of members of a society or institute of</p> <p>accountants approved as being a society or council with a status</p> </div> <p> </p> <div> <p>equivalent to that of the institute shall be eligible for membership; or (b) a member of a specific society or institute of accountants shall not be eligible for membership of the institute unless he or she undergoes training of practical experience that may be prescribed by the council.</p> <p>(4)       The council may set qualifications for associate membership of the institute or may provide that a specified class of members of a society or institute may qualify for associate membership of the institute.</p> <p>(5)       The council may award honorary membership to a person who has made an outstanding contribution to the field of accountancy.</p> <p><strong>6.</strong><strong>      Enrollment.</strong></p> <p>(1)       A person who is eligible for membership of the institute under section 5 may make an application to the council for enrollment as a full member or associate member, and the council shall, if it is satisfied that the applicant is an eligible person, direct the secretary to enroll the applicant as a full member or associate member of the institute on payment of the enrollment fee and the annual subscription fee.</p> <p>(2)       The secretary shall enroll the applicant and issue a certificate of enrollment to the person enrolled.</p> <p><strong>7.</strong><strong>      Disqualification from enrollment.</strong></p> <p>No person shall be enrolled or continue to be a member of the institute—</p> <p>(a)       if he or she has been adjudged by a competent court to be of unsound mind;</p> <p>(b)       if he or she is an undischarged bankrupt;</p> <p>(c)       if he or she has been convicted of a serious criminal offence or an offence involving fraud or dishonesty.</p> <p><strong>8.</strong><strong>      Registration.</strong></p> <p>A person enrolled under section 6 shall, on presentation of the certificate of enrollment to the registrar, be registered as a certified public accountant of Uganda, and his or her name shall be entered on the register of accountants.</p> </div> <p> </p> <div> <p><strong>9.</strong><strong>      Certified public accountant of Uganda.</strong></p> <p>A person enrolled as a full member under section 6 and registered under section 8 may use the title “certified public accountant of Uganda” (CPA(U)) after his or her name.</p> <p><strong>10.</strong><strong>    Meetings of the institute.</strong></p> <p>The meetings of the institute shall be held in accordance with the First Schedule to this Act.</p> <p><strong>11.</strong><strong>    The council.</strong></p> <p>(1)       The governing body of the institute shall be a council which shall consist of eleven members, one of whom shall be elected the president of the council.</p> <p>(2)       The commissioner, the treasury officer of accounts, the Auditor General and the commissioner of education shall be members of the council.</p> <p><strong>12.</strong><strong>    Members of the council.</strong></p> <p>(1)       One member of the council shall be appointed by the Minister, while eight members shall be elected by the members of the institute at the annual general meeting.</p> <p>(2)       Of the eight members elected under subsection (1), five members shall be practising accountants.</p> <p>(3)       The council shall, during its first meeting, elect, from among the elected members, a president and a vice president.</p> <p>(4)       The elected and appointed members of the council shall hold office for three years and shall be eligible for reelection or reappointment.</p> <p>(5)       A member of the council, other than the ex officio members, may resign his or her office by writing, addressed to the president and in case of the president, addressed to the secretary.</p> <p>(6)       Where an elected or appointed member of the council ceases to be a member of the institute, he or she shall cease to be a member of the</p> </div> <p> </p> <div> <p>council.</p> <p>(7)    Where an appointed or elected member dies or ceases to be a member of the council other than by effluxion of time—</p> <p>(a)       if that member was an appointed member, the Minister shall appoint another person to fill the vacancy;</p> <p>(b)       if that member was an elected member, the council shall co-opt a member of the institute pending the election of another member at the next annual general meeting.</p> <p><strong>13.   Functions of the council.</strong></p> <p>The functions of the council shall be—</p> <p>(a)       to admit members to the institute;</p> <p>(b)       to approve courses of study;</p> <p>(c)       to provide for the registration of students of the institute and qualifications for registration;</p> <p>(d)       to supervise and regulate the practical training and education carried out under the institute;</p> <p>(e)       to issue certificates and licences to be issued under this Act;</p> <p>(f)        to maintain and publish the roll of members of the institute;</p> <p>(g)       to supervise the registration and maintain a register of certified public accountants of Uganda and associated accountants of Uganda and to publish their names in the Gazette;</p> <p>(h)    to ensure the maintenance of professional standards among</p> <p>members of the institute and to take steps to acquaint the</p> <p>members with methods and practices necessary to maintain those</p> <p>standards; (i)     to promote the usage of internationally accepted accounting and</p> <p>related standards in Uganda and to make suitable adaptation</p> <p>where necessary; (j)     to secure international recognition of the institute; (k)    to maintain a library or libraries of books and periodicals relating</p> <p>to accountancy and allied subjects and to encourage the</p> <p>publication of similar books and periodicals in Uganda; (l)     to promote the publication of a journal of the institute; (m)   to encourage research in accountancy and allied subjects in</p> <p>Uganda for the advancement of professional accountancy in the</p> <p>country; (n)    to regulate the conduct and promote good ethical standards and</p> <p>discipline of members of the institute;</p> </div> <p> </p> <div> <p>(0)     to prescribe fees and subscriptions payable by members and<br /> students of the institute;</p> <p>(p)    to make byelaws of the institute;</p> <p>(q)    to do anything that is incidental to the functions of the institute.</p> <p><strong>14.</strong><strong>    Meetings of the council.</strong></p> <p>Meetings of the council shall be in accordance with the Second Schedule to this Act.</p> <p>Part III—Establishment of the examinations board.</p> <p><strong>15.</strong><strong>    Establishment of the examinations board.</strong></p> <p>(1)     There is established a board to be known as the Public<br /> Accountants Examinations Board which shall consist of—</p> <p>(a)       two qualified accountants from the teaching staff of Makerere University;</p> <p>(b)       two members of the council;</p> <p>(c)       one representative from the Ministry responsible for education;</p> <p>(d)       one representative each from two internationally recognised institutes of accountants to be determined from time to time by the Minister on the advice of the council;</p> <p>(e)       one representative from the Uganda National Examinations Board; and</p> <p>(f)        the secretary to the Uganda National Examinations Board, who shall be the secretary to the board.</p> <p>(2)     The Minister shall, on the advice of the council, appoint a<br /> chairperson from among the members of the board.</p> <p><strong>16.</strong><strong>    Functions of the examinations board.</strong></p> <p>The functions of the examinations board shall be—</p> <p>(a)       to determine the syllabuses and curricula in respect of examination in the subjects of study;</p> <p>(b)       to conduct public accountants examinations;</p> <p>(c)       to appoint examiners and moderators of examinations;</p> <p>(d)       to make rules governing the public accountants examinations;</p> <p>(e)       to do any other thing that is connected with the conducting of accountants examinations.</p> </div> <p> </p> <div> <p>Part IV—Secretary, registrar and staff of the institute.</p> <p><strong>17.</strong><strong>    Secretary of the institute.</strong></p> <p>(1)       There shall be a secretary to the institute who shall be appointed by the council on terms and conditions that may be determined by the council.</p> <p>(2)       The secretary shall be the chief executive officer of the institute and shall be a full-time employee of the institute.</p> <p>(3)       The secretary shall be responsible for recording the minutes of the general meetings and of all the meetings of the council and shall keep custody of all the documents of the institute and the council.</p> <p><strong>18.</strong><strong>    Registrar of accountants.</strong></p> <p>The Auditor General shall be the registrar of accountants under this Act.</p> <p><strong>19.</strong><strong>    Other staff.</strong></p> <p>The institute shall have other officers and employees as may be appointed by the council, and the officers and employees shall hold office on terms and conditions that may be determined by the council.</p> <p>Part V—Regulation of public practice.</p> <p><strong>20.</strong><strong>    Practising accountancy.</strong></p> <p>(1)       No person shall practise accountancy in Uganda unless he or she possesses a practising certificate or a practising licence issued under this Act.</p> <p>(2)       A person shall be deemed to practise accountancy if he or she, for payment, whether by himself or herself or in partnership with another person—</p> <p> </p> <p>(a)       offers to perform or performs services involving the auditing, verification or certification of financial accounting or related statements;</p> <p>(b)       renders professional service or assistance on matters of principle, accounting procedure or certification of financial facts or data; or</p> </div> <p> </p> <div> <p>(c) renders any service which in accounting principles or byelaws made by the council are services amounting to practising accountancy.</p> <p>(3) A public officer or any other employee shall not be deemed to have practised accountancy if, through the course of his or her employment, he or she does any of the acts referred to in subsection (2).</p> <p><strong>21.</strong><strong>    Certificate of practice.</strong></p> <p>(1)       A person enrolled and registered under this Act may apply to the council for a certificate of practice.</p> <p>(2)       An application for a certificate of practice shall be in a form prescribed by the council and addressed to the secretary.</p> <p>(3)       The council shall, after being satisfied that the applicant is an enrolled and registered person and on payment of the prescribed fee, grant a certificate of practice to the applicant.</p> <p>(4)       A certificate issued under subsection (3) shall be valid from the date of issue to the 31st day of December of the calendar year in which it is issued and may be renewed on application by the accountant.</p> <p>(5)       The council shall not grant a certificate of practice to a firm of accountants.</p> <p><strong>22.</strong><strong>    Renewal of certificate.</strong></p> <p>(1)       The council may, on the advice of the disciplinary committee and after due inquiry, refuse to renew a certificate of practice.</p> <p>(2)       Where no application for the renewal of a certificate is made within three months from the beginning of the year for which the certificate is renewable, the secretary shall, by registered mail, send a notice to the accountant concerned—</p> <p> </p> <p>(a)       notifying him or her that the certificate has not been renewed for that year; and</p> <p>(b)       inquiring whether that accountant has ceased to practise accountancy,</p> <p>and if no reply is received within three months from the date of that notice,</p> </div> <p> </p> <div> <p>the secretary shall inform the council, and the council shall order the removal of the name of that accountant from the register.</p> <p><strong>23.</strong><strong>    Licence of practice.</strong></p> <p>(1)     A person who—</p> <p>(a)     was engaged in the public practice of accountancy and registered<br /> under the Companies Act but who does not qualify to be a full<br /> member of the institute under this Act; or</p> <p>(b)     is an associate member under this Act,<br /> may apply to the council for a licence of practice.</p> <p>(2)       An application for a licence of practice shall be in a form prescribed by the council and shall be addressed to the secretary.</p> <p>(3)       The council may, after being satisfied that the applicant is a proper and fit person and on payment of the prescribed fee, grant a licence of practice to the applicant.</p> <p>(4)       A licence issued under subsection (3) shall be valid from the date of issue to the 31st day of December of the calendar year in which it is issued and may be renewable on application by the accountant.</p> <p>(5)       The council shall not grant a licence of practice to a firm of accountants.</p> <p><strong>24.</strong><strong>    Renewal of licence.</strong></p> <p>(1)       The council may, on the advice of the disciplinary committee, after due inquiry, refuse to renew a licence of practice.</p> <p>(2)       Where no application for the renewal of a licence is made within three months of the new calendar year for which the licence is renewable, the secretary shall, by registered mail, send a notice to the accountant concerned—</p> <p> </p> <p>(a)       notifying him or her that the licence has not been renewed for that year; and</p> <p>(b)       inquiring whether that accountant has ceased to practise accountancy,</p> <p>and if no reply is received within three months from the date of the notice, the secretary shall order the removal of the name of that associate accountant</p> </div> <p> </p> <div> <p>from the register.</p> <p><strong>25.</strong><strong>    Associate accountant of Uganda.</strong></p> <p>A person issued a licence of practice under section 23 shall be known as an associate accountant of Uganda (AA(U)) and may use that title after his or her name.</p> <p>Part VI—Disciplinary committee and inquiries.</p> <p><strong>26.</strong><strong>    Establishment of a disciplinary committee.</strong></p> <p>(1)       There is established a disciplinary committee consisting of five members, one of whom shall be the chairperson.</p> <p>(2)       Members of the disciplinary committee shall be appointed by the council from members of the institute, but the chairperson shall be appointed from among members of the council.</p> <p>(3)       A member of the disciplinary committee shall hold office for one year and shall be eligible for reappointment.</p> <p><strong>27.</strong><strong>    Complaints against accountants.</strong></p> <p>(1)       A complaint or an allegation against an accountant which if proved would constitute professional misconduct may be made to the disciplinary committee by the council or any person.</p> <p>(2)       Upon receipt of a complaint, the secretary shall, as soon as is practicable, refer the matter to the committee; and the committee shall fix a date for the hearing of the complaint.</p> <p>(3)       The disciplinary committee shall give the accountant against whom the complaint or allegation is made an opportunity to be heard and shall furnish him or her with a copy of the complaint and any other relevant document at least seven days before the date fixed for the hearing.</p> <p><strong>28.</strong><strong>    Secretary to the disciplinary committee.</strong></p> <p>The secretary to the council shall be the secretary to the disciplinary committee.</p> </div> <p> </p> <div> <p><strong>29.</strong><strong>    Procedure of the disciplinary committee.</strong></p> <p>The procedure to be followed by the disciplinary committee shall be as provided under the Third Schedule to this Act.</p> <p><strong>30.</strong><strong>    Committee’s decision.</strong></p> <p>After hearing the complainant and the accountant to whom the complaint relates and after considering the evidence adduced, the committee may dismiss the complaint if no ground for a disciplinary action is disclosed or if a ground for a disciplinary action is disclosed, impose any or a combination of the following penalties—</p> <p>(a)       that the accountant be admonished;</p> <p>(b)       that the certificate or licence of the accountant be suspended for a specified period not exceeding two years;</p> <p>(c)       that the accountant be suspended from membership of the institute for a specified period not exceeding two years;</p> <p>(d)       that the accountant pay a fine that may be determined by the committee;</p> <p>(e)       that the accountant pay compensation that may be determined by the committee to any person who may have suffered loss as a result of the misconduct;</p> <p>(f)        that the name of the accountant be struck off the roll of accountants.</p> <p><strong>31.</strong><strong>    Report to the council.</strong></p> <p>The committee shall, on conclusion of the case, make a report of its findings, in writing, to the council; and the council shall deliver to the complainant and the accountant to whom the complaint relates a copy of the report of the committee as soon as is practicable.</p> <p><strong>32.</strong><strong>    Appeal to the High Court.</strong></p> <p>(1)       An accountant or complainant aggrieved by the decision or order of the committee may appeal against the decision or order of the committee to the High Court within three months from the date on which the report of the committee was delivered to that accountant or complainant.</p> <p>(2)       An appeal made under this section shall be—</p> </div> <p> </p> <div> <p>(a)       made by petition in writing under the hand of the accountant or complainant; and</p> <p>(b)       heard and decided upon by a judge of the High Court after summary hearing.</p> <p><strong>33.   Implementation of the committee’s orders.</strong></p> <p>(1)    The council shall be responsible for the implementation of the committee’s orders.</p> <p>(2)    Where the council strikes off the name of an accountant from the</p> <p>roll—</p> <p>(a)       the certificate of membership and that of practice of a certified public accountant shall stand cancelled, and the council shall require that person to return the certificate to the council; or</p> <p>(b)       the certificate of membership and the licence of practice of an associate accountant shall stand cancelled, and the council shall require that person to return the licence to the council.</p> <p>Part VII—Financial provisions.</p> <p><strong>34.   Funds of the institute.</strong></p> <p>(1)     The funds of the institute shall consist of—</p> <p>(a)       registration and annual subscription fees from members of the institute;</p> <p>(b)       fees and other monies paid for services rendered by the institute;</p> <p>(c)       grants, gifts or donations to the institute; and</p> <p>(d)       money borrowed by the institute for the performance of its functions.</p> <p> </p> <p>(2)       All monies of the institute shall be managed through a fund to be established by the council for the purpose.</p> <p>(3)       The institute may operate a bank account in a bank determined by the council, and the account shall be operated in a manner decided by the council.</p> <p><strong>35.   Borrowing power.</strong></p> <p>The council may borrow money on terms that may be agreed upon by the</p> </div> <p> </p> <div> <p>council for the performance of the functions of the institute.</p> <p><strong>36.</strong><strong>    Investment.</strong></p> <p>The council may invest monies of the institute in any securities issued or guaranteed by the Government or in any other securities approved by the council.</p> <p><strong>37.</strong><strong>    Financial year.</strong></p> <p>The financial year of the institute shall be the calendar year that is the twelve months beginning from the 1st day of January and ending on the 31st day of December each year.</p> <p><strong>38.</strong><strong>    Accounts and audit.</strong></p> <p>(1)       The institute shall keep proper books of account, and shall prepare the annual financial statement of accounts for the immediately preceding financial year not later than the 31st day of March in the following year.</p> <p>(2)       The statement of accounts shall be audited by a practising member of the institute, not being a member of the council, that may be appointed by the institute at the annual general meeting.</p> <p>(3)       An auditor appointed under subsection (2) shall have the same powers and duties as are conferred upon an auditor appointed under section 160 of the Companies Act.</p> <p>(4)       The council shall furnish to the Minister and each member of the institute the audited accounts for the preceding year, together with the auditor’s report, not later than the 31st of May each year.</p> <p><strong>39.</strong><strong>    Annual subscription fee.</strong></p> <p>(1)     The annual subscription fee shall be determined by the council,<br /> from time to time, and shall be due and payable to the secretary—</p> <p>(a)       in case of first enrollment, at the time of enrollment;</p> <p>(b)       in any other case, on the 1st day of January in each year.</p> <p>(2)     All other fees shall be determined by the council and payable to</p> </div> <p> </p> <div> <p>the secretary.</p> <p>(3)    The council may strike off the name of an accountant from the roll if the annual subscription fee remains unpaid by that accountant for a period exceeding four months from the time it is due.</p> <p>Part VIII—Miscellaneous provisions.</p> <p><strong>40.</strong><strong>    Registers.</strong></p> <p>(1)     The registrar shall maintain separately the following registers in<br /> which shall be entered particulars that the council may prescribe—</p> <p>(a)       a register of certified public accountants;</p> <p>(b)       a register of accountants holding certificates of practice;</p> <p>(c)       a register of accountants holding licences of practice.</p> <p>(2)     The registrar shall, at the beginning of each year, cause to be<br /> published in the Gazette the up-to-date registers at the close of the previous<br /> year as soon as is practicable.</p> <p><strong>41.</strong><strong>    Extract from the register.</strong></p> <p>(1)       Any extract from the register which is certified by the registrar under his or her hand shall be received in a court or tribunal without any further proof of its contents.</p> <p>(2)       An accountant may get an extract from the register on payment of the prescribed fee.</p> <p><strong>42.</strong><strong>    Alteration of the register.</strong></p> <p>(1)    The registrar may—</p> <p>(a)       make any corrections in the register as may be necessary;</p> <p>(b)       remove from the register the name of a deceased person;</p> <p>(c)       remove from the register the name of a person whose name has been ordered to be removed under this Act;</p> <p>(d)       with the consent of the person concerned, remove from the register the name of a person who has ceased to practise.</p> <p>(2)    Where the registrar has reason to believe that an accountant has</p> </div> <p> </p> <div> <p>ceased to practise, he or she may send to that registered person a notice by registered post inquiring whether that person has ceased to practise in Uganda; and if no reply is received by the registrar within six months from the date of the notice, the registrar shall remove from the relevant register the name of that person.</p> <p>(3) The council shall, for the purposes of subsection (2), furnish the registrar with any relevant information that may be in its possession.</p> <p><strong>43.</strong><strong>    Other committees.</strong></p> <p>(1)       The council may appoint other committees from among its members and members of the institute to deal with specific matters of the institute.</p> <p>(2)       The chairperson of a committee appointed under subsection (1) shall be a member of the council.</p> <p>(3)       The council may regulate the proceedings of the committees appointed under subsection (1).</p> <p><strong>44.</strong><strong>    Inspection of offices.</strong></p> <p>The council may, at any time, whether before or after granting a certificate or licence of practice, inspect the premises or offices of an accountant to ascertain whether the premises are suitable for carrying on the business of accountancy and whether the accountant is able to supervise his or her subordinates working in premises other than his or her office.</p> <p><strong>45.</strong><strong>    Professional code of ethics.</strong></p> <p>(1)       Every accountant enrolled under this Act shall be subject to the professional code of ethics provided in the Fourth Schedule to this Act.</p> <p>(2)       A person contravening a provision of the professional code of ethics commits a professional misconduct and shall be dealt with by the disciplinary committee as appropriate.</p> <p><strong>46.</strong><strong>    Byelaws.</strong></p> <p>The council may, by statutory instrument and with the approval of the</p> </div> <p> </p> <div> <p>Minister, make byelaws respecting—</p> <p>(a)       the summoning and holding of meetings of the council;</p> <p>(b)       the management of the property and funds of the institute;</p> <p>(c)       the election of members of the council and the appointment of the committees;</p> <p>(d)       the disciplinary control of officers and employees of the institute;</p> <p>(e)       the qualifications of persons wishing to pursue courses of study offered by the institute;</p> <p>(f)        the courses of study to be offered by the institute and the period of study for such courses;</p> <p>(g)       the qualifications, powers and rights of persons to be enrolled as full members or associate members of the institute;</p> <p>(h)    the fees to be paid by the students of the institute;</p> <p>(i)     anything that is required to be prescribed under this Act;</p> <p>(j)     the better performance of the functions of the institute.</p> <p><strong>47.</strong><strong>    Power to amend the Schedules.</strong></p> <p>The Minister may, upon the recommendation of the council, by statutory instrument, amend the Schedules to this Act.</p> <p><strong>48.</strong><strong>    Construction of qualifications in existing laws.</strong></p> <p>Where under any law in force the qualifications of an auditor are provided, those qualifications shall be construed to refer to a certified public accountant of Uganda, an associate accountant of Uganda or any other qualifications that may be prescribed under this Act.</p> <p>Part IX—Temporary and transitional provisions.</p> <p><strong>49.</strong><strong>    Eligible persons for first enrollment.</strong></p> <p>(1) At the commencement of this Act, and before the council prescribes the qualifying examination and the societies equivalent to the institute—</p> <p>(a)       a member of any of the institutes specified in the Fifth Schedule to this Act may, on application to the interim council, be enrolled a full member of the institute; or</p> <p>(b)       a person who is not a member of any of the institutes specified in the Fifth Schedule to this Act but who— (i)     has practical experience in accountancy or audit; and</p> </div> <p> </p> <div> <p>(ii)   is practising accountancy or audit or is employed in the field of accountancy or audit, may, on application to the interim council, be enrolled as an associate member of the institute.</p> <p>(2) Where any of the institutes referred to under subsection (1) has more than one class of membership, only professionally qualified persons shall be eligible for enrollment.</p> <p><strong>50.</strong><strong>    Interim president and council.</strong></p> <p>(1)     The Minister shall, within three months after the commencement<br /> of this Act, appoint a person eligible for membership, to be—</p> <p>(a)       interim president of the institute; and</p> <p>(b)       interim secretary of the institute.</p> <p> </p> <p>(2)       A person appointed under subsection (1) shall hold office until the election of a president who shall be elected at the first general meeting.</p> <p>(3)       The interim secretary shall, as soon as is practicable, inform the ex officio members of their membership on the council.</p> <p>(4)       The interim president, the interim secretary and the ex officio members shall form the interim council.</p> <p>(5)       The interim council shall carry out the necessary initial organisation for the establishment of the institute.</p> <p><strong>51.</strong><strong>    First enrollment.</strong></p> <p>(1)       The interim president shall, with the advice of the interim council, and as soon as is practicable, publish a notice in at least two widely read newspapers calling persons eligible for first enrollment to send applications for enrollment.</p> <p>(2)       The interim president shall, within three months after the notice under subsection (1), and with the advice of the interim council, enroll eligible persons as first members of the institute.</p> <p>(3)       A person enrolled as a first member shall, on enrollment, pay an enrollment fee and an annual subscription fee to be determined by the interim</p> </div> <p> </p> <div> <p>council.</p> <p><strong>52.</strong><strong>    Contribution to establishment of the institute.</strong></p> <p>The interim council may, at any time before the first general meeting, require the first members of the institute to pay any sum of money to the institute as contribution to the establishment and running of the institute.</p> <p><strong>53.</strong><strong>    First general meeting.</strong></p> <p>(1)       The interim president shall, after completion of the first enrollment of members and after making the necessary initial organisation for the establishment of the institute, convene the first general meeting of the institute.</p> <p>(2)       The first general meeting shall be convened not later than twelve months from the commencement of this Act.</p> <p>(3)       At the first general meeting—</p> <p> </p> <p>(a)       the interim president shall present to the members a report on the progress of the institute since its establishment which shall include a statement of the institute’s finances;</p> <p>(b)       the members shall elect the members of the council.</p> <p><strong>54.</strong><strong>    Handing-over by interim council.</strong></p> <p>The interim council shall hand over all powers and responsibilities to the elected council as soon as is practicable after the election of the council.</p> <p><strong>SCHEDULES</strong></p> <p><em>First Schedule.</em></p> <p>s. 10.</p> <p><strong>Meetings of the institute.</strong></p> <p><strong>1.     Annual general meeting.</strong></p> <p>(1)    The institute shall hold an annual general meeting which shall be held before the 30th of June in each financial year of the institute, at a time</p> </div> <p> </p> <div> <p>and place that may be determined by the council.</p> <p>(2) The following business shall be transacted at the annual general meeting—</p> <p>(a)       reception and consideration of the annual report of the council;</p> <p>(b)       reception and consideration of the accounts of the institute and the auditor’s report;</p> <p>(c)       election of members of the council;</p> <p>(d)       appointment of auditors; and</p> <p>(e)       any other business.</p> <p><strong>2.</strong><strong>      Special general meeting.</strong></p> <p>The council may convene a special general meeting of the institute whenever it considers it necessary and shall convene a special general meeting within ten days from the receipt by the secretary of a requisition in writing stating the object of the proposed meeting and signed by at least twenty members of the institute.</p> <p><strong>3.</strong><strong>      Notice of motion.</strong></p> <p>(1)       A member wishing to bring a motion not related to the ordinary business of the annual general meeting before the meeting may give notice to the secretary to reach him or her at least five weeks before the date of the annual general meeting.</p> <p>(2)       The motion must relate to matters of the institute or the accountancy profession.</p> <p><strong>4.</strong><strong>      Notice of meeting.</strong></p> <p>(1)       The secretary shall send to each member of the institute notice of the meeting not less than fourteen days and not more than twenty-one days before the date of the meeting and the agenda for the meeting.</p> <p>(2)       In the case of the annual general meeting, the secretary shall send with the notice—</p> <p> </p> <p>(a)       a copy of the annual report of the council;</p> <p>(b)       a copy of the accounts of the institute together with the auditor’s report;</p> <p>(c)       a list of persons nominated or proposed for election to the council</p> </div> <p> </p> <div> <p>or its auditors; and (d)    particulars of any motions to be brought before the meeting.</p> <p>(3) The nonreceipt by any member of the institute of a notice of the meeting or any relevant document shall not invalidate the proceedings of the meeting to which they relate.</p> <p><strong>5.</strong><strong>      Associate members.</strong></p> <p>Associate members shall be entitled to notice and shall speak during a meeting but shall not be entitled to a vote.</p> <p><strong>6.</strong><strong>      Chairperson of the meeting.</strong></p> <p>(1)       The president or, in the absence of the president, the vice president shall preside at all meetings of the institute.</p> <p>(2)       In the absence of both the president and the vice president, the members present shall elect one of the members to preside at the meeting.</p> <p><strong>7.</strong><strong>      Quorum of the meeting.</strong></p> <p>(1)       At the annual general meeting the quorum shall be seven members, and if after fifteen minutes from the time appointed for the meeting the quorum is not met, the meeting shall stand adjourned to that day a fortnight at the same time and place.</p> <p>(2)       On the date to which the meeting is adjourned, the meeting shall proceed to business notwithstanding that there may be less than seven members.</p> <p>(3)       At a special general meeting the quorum shall be ten members, and if after fifteen minutes from the time appointed for the meeting the quorum is not met, the meeting shall stand dissolved.</p> <p><strong>8.</strong><strong>      Adjournments.</strong></p> <p>(1) The chairperson of any meeting of the institute may, with the advice of the meeting, adjourn the meeting from time to time, and from place to place.</p> </div> <p> </p> <div> <p>(2)       Only the business left unfinished at the meeting from which the adjournment took place shall be transacted at the adjourned meeting.</p> <p>(3)       No notice shall be given of an adjourned meeting unless the meeting resolved so.</p> <p><strong>9.</strong><strong>      Voting at meetings.</strong></p> <p>(1)       Every question proposed at any meeting of the institute shall be determined by a simple majority of the members present and voting; and in case of equality of votes, the chairperson shall have a casting vote.</p> <p>(2)       Voting shall be by show of hands.</p> <p><strong>10.</strong><strong>    Poll demand.</strong></p> <p>(1)       After the declaration of the decision of the meeting under paragraph 9, a member of the institute may demand a poll in writing, supported by at least nine voting members of the institute.</p> <p>(2)       No poll shall be demanded on any resolution or amendment relating to election of a chairperson, the appointment of scrutineers or the adjournment of a meeting.</p> <p><strong>11.</strong><strong>    Procedure of a poll.</strong></p> <p>(1)       On a poll being demanded at a meeting, the chairperson shall, as soon as is reasonably practicable, state the resolution or amendment in a form of proposition which in his or her opinion will be most suitable to ascertain the sense of the members.</p> <p>(2)       The council shall, within fourteen days after the meeting, issue voting papers to voting members who were present at the meeting at which the poll was demanded, setting out the propositions together with any necessary notes and directions.</p> <p>(3)       A member wishing to vote on any proposition may do so by sending the voting papers to the institute addressed to the scrutineers to reach them within twenty-one days from the date of the meeting.</p> </div> <p> </p> <div> <p><strong>12.</strong><strong>    Appointment of scrutineers.</strong></p> <p>The institute shall appoint two scrutineers from among its members at a meeting at which a poll is demanded.</p> <p><strong>13.</strong><strong>    Demand of poll not to stop other business.</strong></p> <p>The demand for a poll at a meeting shall not prevent the transaction of any other business on which the poll has not been demanded.</p> <p><strong>14.</strong><strong>    Meeting of scrutineers.</strong></p> <p>(1)       Where a poll has been demanded, the scrutineers shall meet not earlier than twenty-two days and not later than twenty-nine days after the meeting at which the poll was demanded to examine the voting papers.</p> <p>(2)       Envelopes containing the voting papers shall be opened only at the meeting of the scrutineers.</p> <p>(3)       The scrutineers shall reject the vote of a member who is in arrears with the dues of the institute and may reject the vote of a member who fails to observe any notice of directions relating to the poll or any other vote which in their view ought to be rejected.</p> <p>(4)       The scrutineers shall, as soon as is practicable, report the results of the voting to the chairperson of the meeting and shall include in the report a statement of the number of votes rejected by them and the reasons for the rejection.</p> <p>(5)       The chairperson shall send a copy of the report to reach each member as soon as is practicable; and in case of equality of votes, the chairperson shall have a casting vote, and in such a case the chairperson shall declare the result of the vote and the manner in which the casting vote was made.</p> <p>(6)       The report of the scrutineers or the declaration of the chairperson shall be final.</p> <p>(7)       The results of the voting shall take effect from the date of the report of the scrutineers or if the meeting was adjourned to a date on which the scrutineers will make a report, from that date.</p> </div> <p> </p> <div> <p>(8) If for any reason the chairperson is unable to exercise any of his or her powers under this paragraph, the powers shall be exercised by a member who was present at the meeting with the help of the council.</p> <p><strong>15.   Minutes of meetings.</strong></p> <p>Minutes of the meetings of the institute shall be properly recorded and shall be confirmed by the subsequent meeting and signed by the chairperson and secretary of the meeting, and that shall be sufficient evidence of the meeting.</p> <p><em>Second Schedule.</em></p> <p>s.14.</p> <p><strong>Meetings of the council.</strong></p> <p>1.         The council shall meet as often as the business of the council requires, but the council shall meet at least once in three months.</p> <p>2.         The president shall convene a meeting of the council if a request for a meeting in writing addressed to the secretary is received by him or her, signed by at least five members of the council.</p> <p>3.         The council shall meet at a time and place that may be determined by the president.</p> <p>4.         Notice in writing of a meeting of the council shall be given to each member of the council at least seven clear days before the date of the meeting.</p> <p>5.         The notice under paragraph 4 shall include, as far as is practicable, a statement of the business to be transacted at the meeting.</p> <p>6.         The notice shall be deemed to have been sent to each member if the records in the secretary’s office certified by the secretary provides so, unless the contrary is shown.</p> <p>7.         The nonreceipt of a notice by any member shall not affect the validity of the proceedings of the meeting.</p> <p>8.         In a case of emergency and with the approval of the president or the vice president in the absence of the president, a notice calling the meeting may be given to the members at least one clear day before the date of the meeting and the nonexistence of the emergency shall not affect the validity of the proceedings of the meeting.</p> <p>9.         The president or, in the absence of the president, the vice president shall preside at all meetings of the council; and in case of the absence</p> </div> <p> </p> <div> <p>of both the president and the vice president, the members present shall elect one of the members present to preside.</p> <p>10.      The person presiding at a meeting may, with the consent of the meeting, adjourn the meeting of the council from time to time or from place to place; and the adjourned meeting shall deliberate only the unfinished business, and no new business shall be commenced at the adjourned meeting.</p> <p>11.      No notice shall be given of an adjourned meeting unless the meeting resolved otherwise.</p> <p>12.      Six members of the council shall form a quorum.</p> <p>13.      Questions proposed at a meeting of the council shall be determined by a majority of the votes of members present and voting; and in the case of equality of votes, the person presiding shall have a casting vote.</p> <p>14.      A member of the council who has any personal interest in a matter being considered by the council shall, as soon as possible, disclose the nature of his or her interest to the council and unless the council decides otherwise shall not deliberate in that matter.</p> <p>15.      Proper minutes of the deliberations of the meeting shall be recorded and signed by the person presiding at that meeting, and those records shall be sufficient evidence of that meeting.</p> <p>16.      Subject to this Schedule, the council may regulate its own procedure.</p> <p><em>Third Schedule.</em></p> <p>s. 29.</p> <p><strong>Procedure of the disciplinary committee.</strong></p> <p><strong>1.</strong><strong>      Statement of charges.</strong></p> <p>The council shall cause to be prepared a statement setting out the charges to be inquired into by the committee, and a copy of the statement shall be given to each member of the committee, the person whose conduct is to be inquired into and the person bringing the accusation, if any.</p> <p><strong>2.</strong><strong>      Date of hearing and notice.</strong></p> <p>(1) The secretary shall fix the date of hearing and shall notify the members of the committee, the person who is the subject of the inquiry and the person bringing the accusation, if any, at least fourteen clear days before the date.</p> </div> <p> </p> <div> <p>(2)       A notice given under subparagraph (1) may be delivered by hand to the person being notified or may be sent by registered letter addressed to the last known address of the person being notified.</p> <p>(3)       The absence from the hearing of the inquiry of any person to whom notice was given shall not affect the proceedings of the inquiry.</p> <p><strong>3.</strong><strong>      Committee to require any person to appear.</strong></p> <p>(1)     The committee may require any person—</p> <p>(a)       to appear before it for the purposes of giving evidence; or</p> <p>(b)       to produce any document to the committee.</p> <p>(2)     A person who, when required to appear before the committee or<br /> to produce a document to the committee, refuses to appear or to produce the<br /> document commits an offence and shall be dealt with as if he or she<br /> committed a professional misconduct.</p> <p><strong>4.</strong><strong>      Oath.</strong></p> <p>The committee shall have power to administer an oath or affirmation to any person who is required to give evidence before the committee, and any person who refuses to be sworn or affirmed commits an offence and shall be dealt with as if he or she committed a professional misconduct.</p> <p><strong>5.</strong><strong>      Representation by counsel.</strong></p> <p>A person whose conduct is the subject of inquiry may be represented by a legal counsel at the proceedings of the inquiry.</p> <p><strong>6.</strong><strong>      Consultants.</strong></p> <p>The committee may invite any person to act as a consultant at the inquiry.</p> <p><strong>7.</strong><strong>      Inquiry to be in camera.</strong></p> <p>Any inquiry held by the committee shall be in camera unless the committee decides otherwise.</p> </div> <p> </p> <div> <p><strong>8.     Decision of the committee.</strong></p> <p>Any question before the committee shall be decided by a simple majority of the members present.</p> <p><em>Fourth Schedule.</em></p> <p>s. 45.</p> <p><strong>Professional code of ethics.</strong></p> <p>1.      No certified public accountant shall—</p> <p>(a)       allow a person who is not a certified public accountant to practise in his or her name;</p> <p>(b)       allow a certified public accountant who is not his or her partner or employee to practise in his or her name; or</p> <p>(c)       enter into partnership for any professional business with a person who is not a certified public accountant.</p> <p>2.      No associate accountant shall—</p> <p>(a)       allow a person who is not an associate accountant to practise in his or her name;</p> <p>(b)       allow an associate accountant who is not his or her partner or employee to practise in his or her name; or</p> <p>(c)       enter into partnership for any professional business with a person who is not an associate accountant.</p> <p> </p> <p>3.         No accountant shall pay, allow to pay or agree to pay a share or commission brokerage out of the fee or profits for his or her professional services to a person other than a certified public accountant, an associate public accountant, a retired partner or a nominee or legal representative of a retired partner.</p> <p>4.         No accountant shall accept any part of the profits of the professional work of a legal practitioner, auctioneer, broker or other agent who is not a certified public accountant or an associate accountant.</p> <p>5.         No accountant shall solicit clients or professional work either directly or indirectly.</p> <p>6.         No accountant shall advertise professional services.</p> <p>7.         No accountant shall disclose information acquired in the course of his or her professional engagement to a person other than the client without the consent of the client.</p> <p>8.         No accountant shall accept any professional engagement as an auditor which was previously held by another accountant without first communicating with that accountant in writing.</p> </div> <p> </p> <div> <p>9.         No accountant shall accept any appointment as an auditor of a company without first ascertaining from the company whether the requirements of the law relating to appointment of auditors have been complied with.</p> <p>10.      No accountant shall certify or submit a report of financial statements which financial statements are not examined by him or her, his or her partner or employee of his or her firm.</p> <p>11.      No accountant shall permit his or her name or the name of his or her firm to be used in a manner leading to a belief that he or she vouches for the accuracy of estimates of earnings of a future transaction.</p> <p>12.      No accountant shall give his or her opinion on financial statements or business in which he or she, his or her firm or his or her partner has a substantial interest unless he or she disclosed the nature of the interest when expressing his or her opinion.</p> <p>13.      An accountant shall not charge fees which are based on a percentage of profits or which are based on results except for professional employment in insolvency or receivership.</p> <p>14.      An accountant shall disclose all material facts which are missing from a financial statement nondisclosure of which would make the financial statement misleading.</p> <p>15.      An accountant shall report all material misstatements which appear in a financial statement and shall invite attention to any material departure from the generally accepted procedure of audit.</p> <p>16.      An accountant shall keep all clients’ monies on a separate banking account and shall use that money for the purposes for which it is intended.</p> <p>17.      No accountant shall knowingly submit a false statement, return or form to a client or the council.</p> <p>18.      No accountant shall express a professional opinion on a matter without obtaining sufficient information on the matter.</p> <p>19.      An accountant who conducts his or her professional duties with gross negligence commits an offence of professional misconduct and shall be dealt with under sections 24 and 27 of the Act.</p> <p>20.      An accountant may enter into partnership with a person outside Uganda who is a member of a society or an institute of accountants approved by the council as being a society or institute with a status equivalent to that of the institute under section 5(1) of the Act.</p> <p>21.      An accountant may—</p> <p> </p> <p>(a)       secure professional business through  a partnership  under paragraph 20;</p> <p>(b)       pay to any partner of a partnership under paragraph 20 shares out of the fees or profits for professional services.</p> </div> <p> </p> <p>22. Any partnership between a person who becomes a certified public accountant and a person who becomes an associate accountant at the commencement of the Act, which subsisted on the 31st day of December, 1988, shall continue in force and existence.</p> <p><em>Fifth Schedule.</em></p> <p>s. 49.</p> <p><strong>Recognised institutes for first enrollment.</strong></p> <p>1.         The American Institute of Certified Public Accountants, CPA (USA).</p> <p>2.         The Association of International Accountants of UK.</p> <p>3.         The Canadian Institute of Chartered Accountants, ICA (Canada).</p> <p>4.         The Chartered Association of Certified Accountants (ACCA).</p> <p>5.         The Chartered Institute of Management Accountants (CIMA).</p> <p>6.         The Chartered Institute of Public Finance and Accountancy (CIPF).</p> <p>7.         The Institute of Certified General Accountants of Canada.</p> <p>8.         The Institute of Certified Public Accountants of Kenya, ICPA (K).</p> <p>9.         The Institute of Chartered Accountants in England and Wales, ICA (E&amp;W).</p> <p>10.      The Institute of Chartered Accountants in Ireland.</p> <p>11.      The Institute of Chartered Accountants in Scotland, ICA (S).</p> <p>12.      The Institute of Chartered Accountants of India, ACA (India).</p> <p>13.      The Institute of Chartered Managers and Administrators, ICMA (UK).</p> <p>14.      The Institute of Chartered Secretaries and Administrators, ICSA.</p> <p>15.      The National Board of Accountants and Auditors (NBAA) of Tanzania.</p> <p><strong>History: </strong>Statute 12/1992; S.I. 258/1994, s. 3; S.I. 47/1999.</p> <p><strong>Cross Reference</strong></p> <p>Companies Act, Cap. 110.</p> </div></div></div> Tue, 28 Jul 2015 08:39:03 +0000 Anonymous 23772 at https://old.ulii.org Auctioneers Act https://old.ulii.org/node/23797 <section class="field field-name-field-chapterno field-type-text field-label-above view-mode-rss"><h2 class="field-label">Chapter number:&nbsp;</h2><div class="field-items"><div class="field-item even">270</div></div></section><section class="field field-name-field-inforce field-type-text field-label-above view-mode-rss"><h2 class="field-label">In-force:&nbsp;</h2><div class="field-items"><div class="field-item even">Yes</div></div></section><section class="field field-name-field-consoldate field-type-date field-label-above view-mode-rss"><h2 class="field-label">Date of consolidation:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="date-display-single" property="dc:date" datatype="xsd:dateTime" content="2000-12-31T00:00:00+02:00">31 December 2000</span></div></div></section><section class="field field-name-field-clegdownload field-type-file field-label-above view-mode-rss"><h2 class="field-label">Download of Original File:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="file"><img class="file-icon" alt="Microsoft Office document icon" title="application/msword" src="/modules/file/icons/x-office-document.png" /> <a href="https://old.ulii.org/system/files/legislation/consolidated-act/270/consolidated_act_2000_270.doc" type="application/msword; length=52518">consolidated_act_2000_270.doc</a></span></div></div></section><section class="field field-name-field-volume-subject field-type-taxonomy-term-reference field-label-above view-mode-rss"><h2 class="field-label">Volume Subject:&nbsp;</h2><ul class="field-items"><li class="field-item even"><a href="/taxonomy/term/37" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Professions and Occupations</a></li></ul></section><div class="field field-name-body field-type-text-with-summary field-label-hidden view-mode-rss"><div class="field-items"><div class="field-item even" property="content:encoded"><p> </p> <div> <p><strong>CHAPTER 270</strong></p> <p><strong>THE AUCTIONEERS ACT.</strong></p> <p><strong>Arrangement of Sections.</strong></p> <p>Section</p> <p>Part I—General.</p> <p>1.         Interpretation.</p> <p>2.         Business of auctioneer.</p> <p>Part II—Licences.</p> <p>3.         Auctioneers to be licensed.</p> <p>4.         Licences, general and local.</p> <p>5.         General licences required for certain places.</p> <p>6.         Granting of licences discretionary.</p> <p>7.         Security may be required.</p> <p>8.         Fees.</p> <p>9.         Expiration of licences.</p> <p>10.      Forms.</p> <p>Part III—Sales by auction.</p> <p>11.      Auctioneers to accept the sale of all property offered by owners.</p> <p>12.      Restriction on certain sales.</p> <p>13.      Auctioneer’s name and address to be displayed at sale.</p> <p>14.      Sales without reserve, reserve price, etc.</p> <p>15.      Recovery of purchase money and payment.</p> <p>16.      Order of suspension or revocation of licence.</p> <p>17.      Auctioneer’s licence not necessary in certain cases.</p> <p>18.      Rules.</p> <p><strong>Schedules</strong></p> </div> <p> </p> <div> <p><em>First Schedule</em></p> <p> </p> <p>Fees for auctioneers licences.</p> </div> <p> </p> <div> <p><em>Second Schedule        </em>Forms.</p> </div> <p> </p> <div> <p><strong>CHAPTER 270 </strong></p> <p><strong>THE AUCTIONEERS ACT.</strong></p> <p><em>Commencement</em>: 1 January, 1917.</p> <p><strong>An Act relating to auctioneers.</strong></p> <p>Part I—General.</p> <p><strong>1.</strong><strong>      Interpretation.</strong></p> <p>In this Act, unless the context otherwise requires—</p> <p>(a)       “auctioneer” includes every person selling by auction;</p> <p>(b)       “licensing authority” means— (i)     in respect of any city, municipality or town, its council or</p> <p>board; and (ii)   in respect of places outside a city, municipality or town, the chief executive officer of the administration;</p> <p>(c)     “owner” includes any person lawfully entitled to sell any<br /> property.</p> <p><strong>2.</strong><strong>      Business of auctioneer.</strong></p> <p>Every person who sells or offers for sale any movable or immovable property or any interest in the property at any sale or roup where any person becomes or may become the purchaser of the property or interest in the property by competition and being the highest bidder, either by being the sole bidder, or increasing upon the biddings made by others, or decreasing on sums named by the auctioneer or person acting as auctioneer or other person at the sale, or by any other mode of sale by competition shall be deemed to carry on the business of an auctioneer.</p> <p>Part II—Licences.</p> <p><strong>3.</strong><strong>      Auctioneers to be licensed.</strong></p> <p>(1) Except as provided in section 17, no person shall carry on the business of an auctioneer without being licensed for that purpose for that purpose under this Act either by a general licence or by a local licence applicable to the place at which he or she is carrying on the business.</p> </div> <p> </p> <div> <p>(2) Any person contravening this section commits an offence and is liable on conviction to a fine not exceeding one thousand five hundred shillings.</p> <p><strong>4.</strong><strong>      Licences, general and local.</strong></p> <p>Licences shall be of two kinds—</p> <p>(a)       general, authorising the licensee to carry on the business of an auctioneer anywhere in Uganda;</p> <p>(b)       local, authorising the licensee to carry on the business of an auctioneer only in the place named in the licence.</p> <p><strong>5.</strong><strong>      General licences required for certain places.</strong></p> <p>(1)       No local licence shall authorise any person to carry on the business of an auctioneer in Entebbe, Kampala or Jinja, and that business may be carried on in any of those places only by the holder of a general licence.</p> <p>(2)       The Minister may, by statutory instrument, add any other place to those named in this section.</p> <p><strong>6.</strong><strong>      Granting of licences discretionary.</strong></p> <p>The licensing authority may grant or withhold any licence at its discretion, subject to appeal to the Minister.</p> <p><strong>7.</strong><strong>      Security may be required.</strong></p> <p>Before a licence is granted the applicant shall, if so required by any rules made under this Act, give security in such form and in such amount as may be prescribed to answer for the faithful discharge of his or her office.</p> <p><strong>8.</strong><strong>      Fees.</strong></p> <p>The fees specified in the First Schedule to this Act shall be payable for licences granted under this Act.</p> </div> <p> </p> <div> <p><strong>9.</strong><strong>      Expiration of licences.</strong></p> <p>All annual licences shall expire on the 31st December in each year, unless previously revoked; and all half-yearly licences shall expire on the 30th June or 31st December following the date of issue, unless previously revoked.</p> <p><strong>10.</strong><strong>    Forms.</strong></p> <p>Licences shall be in one of the forms set forth in the Second Schedule to this Act, with such alterations as may be necessary.</p> <p>Part III—Sales by auction.</p> <p><strong>11.</strong><strong>    Auctioneers to accept the sale of all property offered by owners.</strong></p> <p>(1)       Every licensed auctioneer shall, on the requisition of the owner of the property, accept the sale of all property which he or she is not prohibited by law from selling, which may be offered to him or her for sale in the place in which he or she carries on his or her ordinary business as an auctioneer, and shall sell the property within such time as the owner may require, or as soon thereafter as is possible, having regard to the sale of other property with which he or she has been entrusted; except that the auctioneer shall not be bound to sell the property sooner than seven days after he or she has accepted the sale of the property.</p> <p>(2)       Nothing in this section shall be held to restrict any auctioneer from selling at the same sale the property of more than one owner, so as the goods are lotted consecutively and in such manner that no owner’s goods may become mixed with the goods of any other owner.</p> <p><strong>12.</strong><strong>    Restriction on certain sales.</strong></p> <p>(1)       No auctioneers licence shall authorise any person to sell any intoxicating liquor contrary to the provisions of the Liquor Act, or any enactment amending or in substitution for that Act.</p> <p>(2)       Except as may be otherwise provided by law, no auctioneers licence shall authorise any person to deal in or sell, either on account of or for the benefit of himself or herself or of any other person, anything the dealing in or sale of which is prohibited to persons other than those duly licensed, registered, or otherwise authorised for that purpose.</p> </div> <p> </p> <div> <p><strong>13.</strong><strong>    Auctioneer’s name and address to be displayed at sale.</strong></p> <p>(1)       Every licensed auctioneer, before beginning any auction, shall display and during the whole time of the auction keep displayed in some conspicuous part of the room or place where the auction is held a ticket or board containing his or her true and full name and residence, painted, printed or written in large letters, publicly visible and legible.</p> <p>(2)       If any auctioneer fails to comply with this section, he or she commits an offence and is liable on conviction for every such offence to a fine not exceeding one hundred and fifty shillings.</p> <p><strong>14.</strong><strong>    Sales without reserve, reserve price, etc.</strong></p> <p>(1)       It shall be stated in the particulars or conditions of sale by auction of any movable or immovable property whether the sale is without reserve or subject to a reserve price, or whether a right to bid is reserved.</p> <p>(2)       If it is stated that the sale is without reserve or to that effect, then it shall not be lawful for the owner or any person on his or her behalf or employed by him or her to bid at the sale, or for the auctioneer to take knowingly any such bidding.</p> <p>(3)       If it is stated that the sale will be subject to a reserve price as regards any one or more lots, it shall be lawful for the owner or any person employed by him or her to give one bid for each such lot and no more.</p> <p>(4)       If it is stated that the sale will be subject to a right for the owner to bid, it shall be lawful for the owner, or for any one person on his or her behalf, but not more than one, to bid at the auction in such manner as he or she shall think proper.</p> <p>(5)       If the owner or any person employed by him or her or on his or her behalf bids at any sale contrary to any of the provisions of subsections (1) to (4), any purchaser may refuse to fulfill his or her purchase, but the highest bona fide bidder shall be entitled, if he or she shall so elect, to have the immovable or movable property at the price offered by him or her.</p> <p>(6)       No auctioneer shall make a bid either on behalf of himself or herself or as agent for any other person unless on making the bid he or she</p> </div> <p> </p> <div> <p>shall announce that it is his or her bid.</p> <p>(7) Any auctioneer who knowingly receives or makes any bid contrary to any of the provisions of this section commits an offence and is liable on conviction to a fine not exceeding one thousand five hundred shillings, and to have his or her licence suspended or revoked.</p> <p><strong>15.</strong><strong>    Recovery of purchase money and payment.</strong></p> <p>(1)       The auctioneer making any sale by auction shall, unless it is agreed otherwise between him or her and the owner, be entitled to sue for, recover and discharge all sums due in respect of the sale.</p> <p>(2)       The auctioneer shall, unless it is agreed otherwise between him or her and the owner, be liable for the due payment to the owner of the net proceeds of all sales of property within ten days from the time of sale of the property.</p> <p><strong>16.</strong><strong>    Order of suspension or revocation of licence.</strong></p> <p>(1)       Any court imposing a fine under this Act upon any auctioneer or convicting any auctioneer of any offence in relation to any property entrusted to him or her for sale or in relation to the proceeds of the sale of the property may, if it appears that the offence is of such nature as to require the licence of the auctioneer to be suspended or revoked, make an order to that effect, and the licence shall be suspended or revoked accordingly.</p> <p>(2)       Any court making an order of suspension or revocation of a licence shall immediately intimate that order to the licensing authority which has granted the licence.</p> <p><strong>17.</strong><strong>    Auctioneer’s licence not necessary in certain cases.</strong></p> <p>It shall not be necessary for any person selling any movable or immovable property by auction to take out a licence required by this Act in any of the following cases—</p> <p>(a)       any person selling any property under an order or process of a court;</p> <p>(b)       any poundmaster or poundkeeper selling any animal which has been impounded;</p> <p>(c)       any officer in the service of the Government selling property of</p> </div> <p> </p> <div> <p>the Government or by direction of the Government; (d)    any person selling his or her own property.</p> <p><strong>18.   Rules.</strong></p> <p>The Minister may make rules for better carrying out the purposes and provisions of this Act and among other matters may—</p> <p>(a)       require that an applicant for a licence under this Act shall give security for the faithful discharge of his or her office, and prescribe the amount of security to be required and the form in which security may be accepted;</p> <p>(b)       may prescribe the maximum rate of commission which an auctioneer shall be entitled to demand, recover or retain as remuneration for his or her services and provide that any agreement to pay or allow any higher rate than is prescribed shall not be binding; and</p> <p>(c)       may prescribe penalties not exceeding a fine of seven hundred and fifty shillings for breach of any such rule, and may provide that in the case of the breach of any rule by a person holding a licence under this Act, the licence may be suspended or revoked by a court.</p> <p><strong>SCHEDULES</strong></p> <p><em>First Schedule.</em></p> <p>s. 8.</p> <p><strong>Fees for auctioneers licences.</strong></p> <p> </p> <table border="0" cellpadding="0" cellspacing="0"> <tbody> <tr> <td style="height:50px; width:271px"> <p> </p> </td> <td style="height:50px; width:114px"> <p>Half-yearly fee shs.</p> </td> <td style="height:50px; width:95px"> <p>Annual fee shs.</p> </td> </tr> <tr> <td style="height:30px; width:271px"> <p>For a general licence</p> </td> <td style="height:30px; width:114px"> <p>170</p> </td> <td style="height:30px; width:95px"> <p>300</p> </td> </tr> <tr> <td style="height:48px; width:271px"> <p>For a local licence (not to be issued for Entebbe, Kampala or Jinja)</p> </td> <td style="height:48px; width:114px"> <p>90</p> </td> <td style="height:48px; width:95px"> <p>150</p> </td> </tr> </tbody> </table> </div> <p> </p> <div> <p><em>Second Schedule.</em></p> <p>s. 10.</p> <p><strong>Forms.</strong></p> <p>Republic of Uganda</p> <p>Form A.<br /> Auctioneers General Licence.<br /> <em>The Auctioneers Act.</em><br /> No. ___________</p> <p> </p> <p>Licence is granted to ___________________________________________</p> <p>of ______________________________  to carry on the business of an</p> <p>auctioneer in Uganda subject to the Auctioneers Act.</p> <p>Dated this _____  day of ______________  , 20 ____.</p> <p>Fee paid shs: ________</p> <p>________________________________</p> <p>Licensing Authority</p> <p>This licence expires on ________________________________________  .</p> <p>Republic of Uganda</p> <p>Form B.<br /> Auctioneers Local Licence.<br /> <em>The Auctioneers Act.</em><br /> No. ___________</p> <p> </p> <p>Licence is granted to _________________________________________  of</p> <p>_________________________________________________  to carry on the</p> <p>business of an auctioneer in ____________  subject to the Auctioneers Act.</p> <p>Dated this _____  day of ______________  , 20 ____.</p> <p>Fee paid shs: ________</p> <p> </p> <p>Licensing Authority<br /> This licence expires on the _____________________________________  .</p> </div> <p> </p> <p><strong>History: </strong>Cap. 261.</p> <p><strong>Cross Reference</strong></p> <p>Liquor Act, Cap. 93.</p> <p> </p> </div></div></div> Tue, 28 Jul 2015 08:39:03 +0000 Anonymous 23797 at https://old.ulii.org Architects Registration Act https://old.ulii.org/node/23793 <section class="field field-name-field-chapterno field-type-text field-label-above view-mode-rss"><h2 class="field-label">Chapter number:&nbsp;</h2><div class="field-items"><div class="field-item even">269</div></div></section><section class="field field-name-field-inforce field-type-text field-label-above view-mode-rss"><h2 class="field-label">In-force:&nbsp;</h2><div class="field-items"><div class="field-item even">Yes</div></div></section><section class="field field-name-field-consoldate field-type-date field-label-above view-mode-rss"><h2 class="field-label">Date of consolidation:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="date-display-single" property="dc:date" datatype="xsd:dateTime" content="2000-12-31T00:00:00+02:00">31 December 2000</span></div></div></section><section class="field field-name-field-clegdownload field-type-file field-label-above view-mode-rss"><h2 class="field-label">Download of Original File:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="file"><img class="file-icon" alt="Microsoft Office document icon" title="application/msword" src="/modules/file/icons/x-office-document.png" /> <a href="https://old.ulii.org/system/files/legislation/consolidated-act/269/consolidated_act_2000_269.doc" type="application/msword; length=129377">consolidated_act_2000_269.doc</a></span></div></div></section><section class="field field-name-field-volume-subject field-type-taxonomy-term-reference field-label-above view-mode-rss"><h2 class="field-label">Volume Subject:&nbsp;</h2><ul class="field-items"><li class="field-item even"><a href="/taxonomy/term/37" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Professions and Occupations</a></li></ul></section><div class="field field-name-body field-type-text-with-summary field-label-hidden view-mode-rss"><div class="field-items"><div class="field-item even" property="content:encoded"><p> </p> <div> <p><strong>CHAPTER 269</strong></p> <p><strong>THE ARCHITECTS REGISTRATION ACT.</strong></p> <p><strong>Arrangement of Sections.</strong></p> <p>Section</p> <p>Part I—Interpretation.</p> <p>1.         Interpretation. Part II—Establishment, functions and membership of the board.</p> <p>2.         Establishment of the board.</p> <p>3.         Seal of the board.</p> <p>4.         Functions of the board.</p> <p>5.         Membership of the board.</p> <p>6.         Meetings of the board.</p> <p>7.         Quorum and voting at meetings.</p> <p>Part III—Registration of architects.</p> <p>8.         Registrar.</p> <p>9.         Register of architects.</p> <p>10.      Registration in six months of coming into force.</p> <p>11.      Temporary registration.</p> <p>12.      Qualification for registration.</p> <p>13.      Disqualification from registration.</p> <p>14.      Registration certificate.</p> <p>Part IV—Disciplinary committee and inquiries.</p> <p>15.      Disciplinary committee.</p> <p>16.      Complaints against architects.</p> <p>17.      Procedure of the disciplinary committee.</p> <p>18.      Committee’s decision.</p> <p>19.      Report to the board.</p> <p>20.      Appeal to the High Court.</p> <p>21.      Implementation of the committee’s orders.</p> </div> <p> </p> <div> <p>Part V—Financial provisions.</p> <p>22.      Funds of the board.</p> <p>23.      Borrowing powers.</p> <p>24.      Investment.</p> <p>25.      Financial year.</p> <p>26.      Accounts and audit.</p> <p>27.      Annual subscription fee.</p> <p>Part VI—Miscellaneous provisions.</p> <p>28.      Alteration of the register.</p> <p>29.      Other committees.</p> <p>30.      Inspection of offices.</p> <p>31.      Professional code of ethics.</p> <p>32.      Use of description “architect” and effect of registration.</p> <p>33.      Restrictions on use of title and false claims to qualifications.</p> <p>34.      Byelaws.</p> <p>35.      Regulations.</p> <p>36.      Limitation of liability of members.</p> <p>37.      Offences and penalties.</p> <p><strong>Schedules</strong></p> <p><em>First Schedule</em>              Procedure of the disciplinary committee.</p> <p><em>Second Schedule        </em>Code of professional ethics.</p> </div> <p> </p> <div> <p><strong>CHAPTER 269</strong></p> <p><strong>THE ARCHITECTS REGISTRATION ACT.</strong></p> <p><em>Commencement</em>: 29 March, 1996.</p> <p><strong>An Act to provide for the establishment of an Architects Registration</strong></p> <p><strong>Board, to define the powers and functions of the board, to provide for</strong></p> <p><strong>the registration of architects and other related matters.</strong></p> <p>Part I—Interpretation.</p> <p><strong>1.</strong><strong>      Interpretation.</strong></p> <p>In this Act, unless the context otherwise requires—</p> <p>(a)       “appointed day” means the day declared by the Minister to be the appointed day for the purpose of this Act;</p> <p>(b)       “board” means the Architects Registration Board established under section 2;</p> <p>(c)       “chairperson” means the chairperson of the architects registration board;</p> <p>(d)       “member” means a member of the Architects Registration Board;</p> <p>(e)       “Minister” means the Minister responsible for lands, housing and physical planning;</p> <p>(f)        “register” means the register kept under section 9;</p> <p>(g)       “registered architect” means a person whose name is for the time being entered in the register;</p> <p>(h)    “registrar” in relation to the Architects Registration Board</p> <p>includes “secretary”; (i)     “society” means the Uganda Society of Architects; (j)     “vice chairperson” means the vice chairperson of the Architects</p> <p>Registration Board.</p> <p>Part II—Establishment, functions and membership of the board.</p> <p><strong>2.</strong><strong>      Establishment of the board.</strong></p> <p>(1)    There is established a board to be known as the Architects Registration Board.</p> <p>(2)    The board shall be a body corporate with perpetual succession</p> </div> <p> </p> <div> <p>and a common seal and may sue and be sued in its corporate name.</p> <p>(3) The board may hold, acquire or dispose of any property, movable or immovable.</p> <p><strong>3.</strong><strong>      Seal of the board.</strong></p> <p>(1)       The board shall have a common seal which shall be kept in the custody of the secretary.</p> <p>(2)       The fixing of the seal to any document shall—</p> <p> </p> <p>(a)       be authorised or ratified by resolution of the board;</p> <p>(b)       be authenticated by the signatures of the chairperson or in his or her absence the vice chairperson of the board and of one other member of the board.</p> <p>(3)     Any document purporting to be a document duly executed under<br /> the seal of the board shall be received in evidence in any court proceedings<br /> and shall, until the contrary is proved, be presumed to be a document so<br /> executed.</p> <p><strong>4.</strong><strong>      Functions of the board.</strong></p> <p>The functions of the board shall be—</p> <p>(a)       to regulate and maintain the standard of architecture in the country;</p> <p>(b)       to register architects;</p> <p>(c)       to make byelaws for better carrying into effect the provisions of this Act;</p> <p>(d)       to prescribe or regulate the conduct of architects in Uganda;</p> <p>(e)       to promote training in architectural sciences.</p> <p><strong>5.</strong><strong>      Membership of the board.</strong></p> <p>(1)       The board shall consist of six members, two of whom shall be nominated by the Minister and four nominated by the society.</p> <p>(2)       The Minister shall in consultation with the board appoint a chairperson and vice chairperson from among the six board members.</p> <p>(3)    Of the two members appointed by the Minister under subsection</p> </div> <p> </p> <div> <p>(1), at least one shall be a practising architect and at least two of the members nominated by the society shall similarly be practising architects.</p> <p>(4) A member of the board shall, unless he or she previously dies, or his or her appointment is revoked by the Minister, hold office for two years from the date of his or her appointment and shall be eligible for reappointment.</p> <p><strong>6.</strong><strong>      Meetings of the board.</strong></p> <p>(1)       Subject to subsection (2), the board shall meet at such times as may be necessary or expedient for the transaction of its business; and all meetings of the board shall be convened by the chairperson, or in his or her absence the vice chairperson, who shall appoint a suitable time, place and date for the holding of each meeting.</p> <p>(2)       The chairperson, or in his or her absence the vice chairperson, shall convene a special meeting of the board on a request in writing signed by not less than three members of the board for that meeting; and that meeting shall be held within twenty-one days of the receipt by him or her of such request.</p> <p>(3)       The chairperson, or in his or her absence the vice chairperson, shall preside at the meetings of the board.</p> <p><strong>7.</strong><strong>      Quorum and voting at meetings.</strong></p> <p>(1)       Four members of the board shall constitute a quorum at any meeting of the board.</p> <p>(2)       All acts, matters and things authorised to be done by the board shall be determined by resolution at a meeting of the board at which a quorum is present.</p> <p>(3)       A decision of the majority of the members present and voting at a meeting of the board shall be deemed to be a decision of the board.</p> <p>(4)       Every member of the board shall have one vote; and in the event of an equality of votes, the chairperson of the meeting shall have a casting vote.</p> </div> <p> </p> <div> <p>Part III—Registration of architects.</p> <p><strong>8.</strong><strong>      Registrar.</strong></p> <p>(1)       The board shall appoint a suitable person to be registrar of the board.</p> <p>(2)       The registrar shall be the chief executive of the board and shall be a full-time employee of the board.</p> <p>(3)       The registrar shall, in addition to his or her other duties specified under this Act, be the secretary to the board and in that capacity shall perform such functions as the board may assign him or her.</p> <p><strong>9.</strong><strong>      Register of architects.</strong></p> <p>(1)     The registrar shall keep and maintain an up-to-date register in<br /> which the name of any person entitled to have his or her name entered shall<br /> be so entered showing against that name—</p> <p>(a)       the address;</p> <p>(b)       the date of entry;</p> <p>(c)       qualifications; and</p> <p>(d)       such other particulars as the board may, from time to time, direct.</p> <p> </p> <p>(2)       The board shall cause the name of that person to be published in the Gazette.</p> <p>(3)       The board shall annually cause a list of persons registered to be published in the Gazette.</p> <p><strong>10.</strong><strong>    Registration in six months of coming into force.</strong></p> <p>Subject to this Act, any person shall be entitled, on making an application to the board in the prescribed manner, to be entered in the register if—</p> <p>(a)       he or she is a corporate member of the society or a corporate architect by whatever name called recognised for the time being by the board as furnishing sufficient guarantee of academic knowledge of any practical experience in architecture;</p> <p>(b)       he or she is a holder of a degree or diploma awarded by a university or other institution recognised for the time being by the board, and has had not less than two years’ practical experience</p> </div> <p> </p> <div> <p>and has passed the professional examination conducted by the board.</p> <p><strong>11.</strong><strong>    Temporary registration.</strong></p> <p>(1)     Where any person satisfies the board that—</p> <p>(a)       he or she is not ordinarily resident in Uganda;</p> <p>(b)       he or she is or intends to be resident in Uganda in the capacity of a professionally qualified architect or for the express purpose of carrying out specific work for which he or she has been engaged;</p> <p>(c)       he or she is, or immediately prior to entering Uganda was, in practice as an architect in that capacity as to satisfy the board of his or her fitness to serve the public as a professionally qualified architect,</p> <p>the board may authorise the registrar to register that person only for the duration of the period of any specific work for which he or she has been engaged; provided he or she satisfies the board, he or she may carry out work with a registered architect.</p> <p>(2)       An application for registration under this section shall be in the prescribed form accompanied by the prescribed fee.</p> <p>(3)       The board may require the person applying for registration under this section to appear before it for the purpose of considering his or her application but shall require that applicant to produce documentary evidence to support his or her application.</p> <p>(4)       Registration of any person under this section shall continue only for the period or for the duration of the specific work or works as is directed by the board under subsection (1), and on its termination that person shall cease to be registered; and in case of any doubt, the decision of the board regarding the termination of the work or works shall be conclusive.</p> <p>(5)       Any person registered under this section shall, while he or she is still so registered, be subjected to this Act.</p> <p><strong>12.</strong><strong>    Qualification for registration.</strong></p> <p>No person shall, after the expiration of six months from the appointed day, be registered as an architect unless he or she shall at the date of his or her application for registration have paid the registration fee as provided by the</p> </div> <p> </p> <div> <p>byelaws; and either—</p> <p>(a)       he or she is a corporate member of the society or of such other bodies as the board may specify; or</p> <p>(b)       he or she has satisfied the board that he or she possesses qualifications which furnish a sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice as an architect.</p> <p><strong>13.   Disqualification from registration.</strong></p> <p>(1)    No person shall be registered under this Act if—</p> <p>(a)       he or she has not paid the prescribed fees;</p> <p>(b)       he or she is adjudged by a court of competent jurisdiction to be insolvent, bankrupt or of unsound mind; or</p> <p>(c)       he or she has been convicted by a court whether in Uganda or elsewhere for any offence involving fraud or dishonesty.</p> </div> <p> </p> <div> <table cellpadding="0" cellspacing="0" style="height:32px; width:16px"> <tbody> <tr> <td> <p>(2) (a)</p> </td> </tr> </tbody> </table> <div> </div> <p>Where a registered architect—</p> <table cellpadding="0" cellspacing="0" style="height:16px"> <tbody> <tr> <td> <p>(b)</p> </td> </tr> </tbody> </table> <div> </div> <p>fails to notify the registrar of his or her current address within a period of six months beginning with the date on which he or she receives an inquiry sent by the registrar, by registered letter, to the address appearing in the register against his or her name; requests that his or her name be deleted from the register, in which case that person may be required to satisfy the board by affidavit lodged with the registrar that no criminal proceedings or proceedings under section 17 are being taken or likely to be taken against him or her; or</p> <table cellpadding="0" cellspacing="0" style="height:16px"> <tbody> <tr> <td> <p>(c)</p> </td> </tr> </tbody> </table> <div> </div> <p>is found guilty of any offence or disgraceful conduct pertaining to his or her profession,</p> <p>the board may direct that his or her name be struck off the register and his or</p> <p>her practising certificate be withdrawn.</p> <p>(3) Except as in the circumstances provided under subsection (2)(a) and in the case of a deceased person, any person whose name is struck off the register shall be notified by the registrar by registered letter.</p> <p><strong>14.   Registration certificate.</strong></p> <p>(1)    The registrar shall, upon registration, issue a registration certificate to any registered architect.</p> </div> <p> </p> <div> <p>(2)       The registrar shall issue a practising certificate to every architect whose name is on the register and who applies for it on the prescribed form and pays the prescribed fee.</p> <p>(3)       A practising certificate shall remain valid until the thirty-first day of December next after its issue and shall be renewable annually on application being made on the prescribed form and payment of the prescribed fee.</p> <p>(4)       Subject to this Act, no person shall engage in or carry on the practice of architecture, by whatever name called, unless he or she is the holder of a valid practising certificate granted to him or her under this Act.</p> <p>(5)       Notwithstanding anything in this section, the registrar shall refuse to issue to or renew a practising certificate of any registered architect who, on the date of his or her application for the certificate, has become subject to any of the disqualifications set out in section 13.</p> <p>Part IV—Disciplinary committee and inquiries.</p> <p><strong>15.</strong><strong>    Disciplinary committee.</strong></p> <p>(1)       There is established a disciplinary committee consisting of five members one of whom shall be chairperson.</p> <p>(2)       Members of the disciplinary committee shall be appointed by the board, but the chairperson and secretary shall be appointed from among members of the board.</p> <p>(3)       A member of the disciplinary committee shall hold office for one year and shall be eligible for reappointment.</p> <p><strong>16.</strong><strong>    Complaints against architects.</strong></p> <p>(1)       A complaint or an allegation against an architect which if proved would constitute professional misconduct may be made to the disciplinary committee by the board or any person.</p> <p>(2)       Upon receipt of a complaint, the secretary shall, as soon as practicable, refer the matter to the committee, and the committee shall fix a date for the hearing of the complaint.</p> </div> <p> </p> <div> <p>(3) The disciplinary committee shall give the architect against whom the complaint or allegation is made an opportunity to be heard and shall furnish him or her with a copy of the relevant document at least seven days before the date fixed for the hearing.</p> <p><strong>17.</strong><strong>    Procedure of the disciplinary committee.</strong></p> <p>The procedure to be followed by the disciplinary committee shall be as provided under the First Schedule to this Act.</p> <p><strong>18.</strong><strong>    Committee’s decision.</strong></p> <p>After hearing the complaint and the architect to whom the complaint relates and after considering the evidence adduced, the committee may dismiss the complaint if no ground for a disciplinary action is disclosed or if a ground for disciplinary action is disclosed, impose any or a combination of the following penalties—</p> <p>(a)       that the architect be admonished;</p> <p>(b)       that the practising certificate of the architect be suspended for a specified period not exceeding two years;</p> <p>(c)       that the architect pay a fine that may be determined by the committee;</p> <p>(d)       tat the architect pay compensation that may be determined by the committee to any person who may have suffered a loss as a result of the misconduct;</p> <p>(e)       that the name of the architect be struck off the register.</p> <p><strong>19.</strong><strong>    Report to the board.</strong></p> <p>The committee shall, on conclusion of the case, make a report of its findings in writing to the board; and the board shall deliver to the complainant and the architect to whom the complaint relates a copy of the report of the committee as soon as is practicable.</p> <p><strong>20.</strong><strong>    Appeal to the High Court.</strong></p> <p>(1) An architect or complainant aggrieved by the decision or order of the committee may appeal against the decision or order to the High Court within three months from the date on which the report of the committee is delivered to that architect or complainant.</p> </div> <p> </p> <div> <p>(2)    An appeal made under this section shall be—</p> <p>(a)       made by petition in writing under the hand of the architect or complainant; and</p> <p>(b)       heard and decided upon by a judge of the High Court after summary hearing.</p> <p><strong>21.</strong><strong>    Implementation of the committee’s orders.</strong></p> <p>(1)       The board shall be responsible for the implementation of the committee’s orders.</p> <p>(2)       Where the board strikes off the name of an architect from the register, the certificate of membership and that of practice of the architect shall stand cancelled, and the board shall require that person to return the certificate to the board.</p> <p>Part V—Financial provisions.</p> <p><strong>22.</strong><strong>    Funds of the board.</strong></p> <p>(1)     The funds of the board shall consist of—</p> <p>(a)       registration fees from registered members;</p> <p>(b)       fees and other monies paid for services rendered by the board;</p> <p>(c)       grants, gifts or donations to the board; and</p> <p>(d)       money borrowed by the board for the performance of its functions.</p> <p> </p> <p>(2)       All monies of the board shall be managed through a fund to be established by the board for the purpose.</p> <p>(3)       The board shall operate a bank account in a bank determined by the board, and the account shall be operated in a manner decided by the board.</p> <p><strong>23.</strong><strong>    Borrowing powers.</strong></p> <p>The board may borrow money on terms that may be agreed upon by the board for the performance of the functions of the board.</p> </div> <p> </p> <div> <p><strong>24.</strong><strong>    Investment.</strong></p> <p>The board may invest its monies in any securities issued or guaranteed by the Government or in any other securities approved by the board.</p> <p><strong>25.</strong><strong>    Financial year.</strong></p> <p>The financial year of the board shall be the calendar year that is twelve months beginning from the 1st day of January and ending on the 31st day of December each year.</p> <p><strong>26.</strong><strong>    Accounts and audit.</strong></p> <p>(1)       The board shall keep proper books of account and shall prepare the annual financial statements of account for the immediately preceding financial year not later than the 31st day of March in the following year.</p> <p>(2)       The statement of account shall be audited by an auditor appointed by the board for the purpose.</p> <p>(3)       An auditor appointed under subsection (2) shall have the same powers and duties as are conferred upon an auditor appointed under section 160 of the Companies Act.</p> <p>(4)       The board shall furnish to the Minister the audited accounts for the preceding year, together with the auditor’s report, not later than the 31st day of May each year.</p> <p><strong>27.</strong><strong>    Annual subscription fee.</strong></p> <p>(1)       The annual subscription fees shall be determined by the board, from time to time, and shall be due and payable to the secretary.</p> <p>(2)       All other fees shall be determined by the board and payable to the secretary.</p> <p>(3)       The board may strike off the name of an architect from the register if the annual subscription fee remains unpaid by that architect for a period exceeding four months from the time it is due.</p> </div> <p> </p> <div> <p>Part VI—Miscellaneous provisions.</p> <p><strong>28.</strong><strong>    Alteration of the register.</strong></p> <p>(1)     The registrar may—</p> <p>(a)       make any correction in the register as may be necessary;</p> <p>(b)       remove from the register the name of any deceased architect;</p> <p>(c)       remove from the register the name of an architect whose name has been ordered to be removed under the provisions of this Act; and</p> <p>(d)       with the consent of the architect concerned, remove from the register the name of an architect who has ceased to practise.</p> <p> </p> <p>(2)       Where the registrar has reason to believe that a registered architect has ceased to practise, he or she may send to that architect a notice by registered post inquiring whether that architect has ceased to practise in Uganda; and if no reply is received by the registrar within six months from the date of the notice, the registrar shall remove from the relevant register the name of that architect.</p> <p>(3)       The board shall, for the purposes of subsection (2), furnish the registrar with any relevant information that may be in its possession.</p> <p><strong>29.</strong><strong>    Other committees.</strong></p> <p>(1)       The board may appoint such other committees from among its members to deal with specific matters of the board.</p> <p>(2)       The chairperson of a committee appointed under subsection (1) shall be a member of the board.</p> <p>(3)       The board may regulate the proceedings of the committees appointed under subsection (1).</p> <p><strong>30.</strong><strong>    Inspection of offices.</strong></p> <p>The board may, at any time whether before or after granting a certificate of practice, inspect premises or offices of an architect to ascertain whether the premises are suitable for carrying on the business of architecture.</p> </div> <p> </p> <div> <p><strong>31.</strong><strong>    Professional code of ethics.</strong></p> <p>(1)       Every architect registered under this Act shall be subject to the professional code of ethics provided in the Second Schedule to this Act.</p> <p>(2)       A person contravening a provision of the professional code of ethics commits professional misconduct and shall be dealt with by the disciplinary committee as appropriate.</p> <p><strong>32.</strong><strong>    Use of description “architect” and effect of registration.</strong></p> <p>Every person whose name has been entered in the register shall so long as his or her name remains in the register be entitled to adopt and use the style and title “architect” and to offer his or her services to the public for gain or reward or by way of trade as a professionally qualified architect.</p> <p><strong>33.</strong><strong>    Restrictions on use of title and false claims to qualifications.</strong></p> <p>(1)     Unless otherwise provided in this Act, after the expiration of six<br /> months from the appointed date or such further period as may be determined<br /> by the board, any person who, not being a registered architect—</p> <p>(a)       falsely pretends to be such;</p> <p>(b)       uses the style or title “architect” or any other name, style, title or description implying, whether in itself or in the circumstances in which it is used, that that person is a registered architect; or</p> <p>(c)       holds himself or herself out whether directly or by implication to be a professionally qualified architect,</p> <p>commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment not exceeding six months or to both.</p> <p>(2)     The board may, by notice in the Gazette, extend the period of six<br /> months provided for in subsection (1) either generally or in respect of any<br /> particular person or persons.</p> <p><strong>34.</strong><strong>    Byelaws.</strong></p> <p>The board may, by statutory instrument and with the approval of the Minister, make byelaws in respect of—</p> <p>(a)       the summoning and holding of meetings of the board;</p> <p>(b)       the management of the property and funds of the board;</p> </div> <p> </p> <div> <p>(c)       the appointment of the committees;</p> <p>(d)       the disciplinary control of officers and employees of the board;</p> <p>(e)       the manner in which the books of account are to be kept by the board;</p> <p>(f)        the establishment, maintenance and support of and subscription to charitable and public bodies and institutions;</p> <p>(g)       prescribing the procedure to be followed by persons applying for registration;</p> <p>(h)    prescribing the schools of architecture recognised by the board</p> <p>for the purposes of this Act; (i)     prescribing the scale of fees to be charged by architects for</p> <p>professional advice, services rendered and work done; (j)     the better performing of the functions of the board; (k)    anything that is required to be prescribed under this Act.</p> </div> <p> </p> <div> <p><strong>35.   Regulations.</strong></p> <table cellpadding="0" cellspacing="0" style="height:56px; width:16px"> <tbody> <tr> <td> <p>(a) (b)</p> </td> </tr> </tbody> </table> <div> </div> <p>The Minister may make regulations generally for better carrying into effect the provisions of this Act; and any such regulations may, without prejudice to the generality of the foregoing, provide for—</p> <p>the conduct of the business of the board and the procedure to be</p> <p>followed by the board in any inquiry under this Act;</p> <p>the appointment by the board from among members of its</p> <p>subcommittees   and   the   co-option   of   persons   to   the</p> <p>subcommittees;</p> <table cellpadding="0" cellspacing="0" style="height:45px; width:16px"> <tbody> <tr> <td> <p>(c) (d) (e)</p> </td> </tr> </tbody> </table> <div> </div> <p>the duties of the registrar;</p> <p>the issue of certificates of registration;</p> <p>the fees to be paid for inspection of the register and for</p> <p>certificates, extracts, copies and lists of or in relation to entries in</p> <p>the register;</p> <table cellpadding="0" cellspacing="0" style="height:16px"> <tbody> <tr> <td> <p>(f)</p> </td> </tr> </tbody> </table> <div> </div> <p>any forms to be used for the purposes of this Act, provided that</p> <p>they comply with such conditions as may be prescribed by the</p> <p>regulations; and</p> <table cellpadding="0" cellspacing="0" style="height:16px"> <tbody> <tr> <td> <p>(g)</p> </td> </tr> </tbody> </table> <div> </div> <p>anything which is permitted or required by this Act to be</p> <p>prescribed.</p> <p><strong>36.   Limitation of liability of members.</strong></p> <p>No member of the board shall be personally liable for the acts, defaults or neglects of any other member, nor for any loss or damage occasioned to or suffered by the board by an act in execution of the duties of his or her office,</p> </div> <p> </p> <div> <p>unless the loss or damage shall be occasioned by his or her own dishonesty.</p> <p><strong>37.   Offences and penalties.</strong></p> <p>Any person who—</p> <p>(a)       fraudulently makes, or causes or permits to be made, any false or incorrect entry in the register or any copy of the register;</p> <p>(b)       fraudulently procures or attempts to procure himself or herself or any other person to be registered under this Act; or</p> <p>(c)       knowingly and wilfully makes any statement which is false in a material particular or which is misleading with a view to gaining any advantage, concession or privilege under this Act, whether for himself or herself or for any other person,</p> <p>commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings.</p> <p><strong>SCHEDULES</strong></p> <p><em>First Schedule.</em></p> <p>s. 17.</p> <p><strong>Procedure of disciplinary committee.</strong></p> <p><strong>1.</strong><strong>      Statement of charges.</strong></p> <p>The board shall cause to be prepared a statement setting out the charges to be inquired into by the committee; and a copy of the statement shall be given to each member of the committee, the person whose conduct is to be inquired into and the person bringing the accusation, if any.</p> <p><strong>2.</strong><strong>      Date of hearing and notice.</strong></p> <p>(1)       The secretary shall fix the date of the hearing and shall notify the members of the committee, the person who is the subject of the inquiry and the person bringing the accusation, if any, at least fourteen clear days before the date.</p> <p>(2)       A notice given under subparagraph (1) may be delivered by hand to the person being notified or may be sent by registered letter addressed to the last known address of the person being notified.</p> </div> <p> </p> <div> <p>(3) The absence from the hearing of the inquiry of any person to whom notice was given shall not affect the proceedings of the inquiry.</p> <p><strong>3.</strong><strong>      Power to require any person to appear or produce documents.</strong></p> <p>(1)     The committee may require any person—</p> <p>(a)       to appear before it for the purposes of giving evidence; or</p> <p>(b)       to produce any document to the committee.</p> <p>(2)     A person who, when required to appear before the committee or<br /> to produce a document to the committee, refuses to appear or produce the<br /> document commits an offence and shall be dealt with as if he or she<br /> committed professional misconduct.</p> <p><strong>4.</strong><strong>      Oath.</strong></p> <p>The committee shall have power to administer an oath or affirmation to any person who is required to give evidence before the committee, and any person who refuses to be sworn or affirmed commits an offence and shall be dealt with as if he or she committed professional misconduct.</p> <p><strong>5.</strong><strong>      Representation by counsel.</strong></p> <p>A person whose conduct is the subject of an inquiry may be represented by legal counsel at the proceedings of the inquiry.</p> <p><strong>6.</strong><strong>      Consultants.</strong></p> <p>The committee may invite any person to act as a consultant at the inquiry.</p> <p><strong>7.</strong><strong>      Inquiry to be in camera.</strong></p> <p>Any inquiry held by the committee shall be in camera unless the committee decides otherwise.</p> <p><strong>8.</strong><strong>      Decision of the committee.</strong></p> <p>Any question before the committee shall be decided by a simple majority of the members present.</p> </div> <p> </p> <div> <p><em>Second Schedule.</em></p> <p>s. 31.</p> <p><strong>Code of professional ethics.</strong></p> <p>1.         Every architect shall at all times fully carry out the duties he or she undertakes and shall act in an honourable manner towards his or her professional colleagues.</p> <p>2.         Every architect shall at all times be honest and impartial in all his or her dealings between his or her client or employer and the contractor.</p> <p>3.         No architect shall advertise his or her professional services.</p> <p>4.         No architect shall proceed with any professional work upon which another architect has been employed by the same client without communicating in writing to that architect and ensuring that the engagement of the other architect has been terminated.</p> <p>5.         No architect shall accept a position to carry or engage in any operation, trade or business in which his or her interest conflicts with the proper discharge of his or her professional duties.</p> <p>6.         No architect shall accept any work which involves the giving or receiving of a discount or commission; nor shall he or she accept any discount, gift or commission from contractors or tradesmen whether employed in his or her work or not.</p> <p>7.         An architect shall inform his or her client of his or her ownership or beneficial commercial interest in any building material, device or invention to be used in the work for which he or she is the architect.</p> <p>8.         An architect shall only be remunerated by a fee and salary paid by the client and employer respectively and not by commissions on sales or profits.</p> <p>9.         No architect shall sign or put his or her signature to drawings, specifications or certificates not prepared by him or her or his or her staff under his or her supervision for the purposes of obtaining the approval of any building authority.</p> </div> <p> </p> <p>10.      No architect shall share or agree to share fees nor shall he or she enter into partnership in regard to architectural work with any person other than another architect.</p> <p>11.      An architect may allow signed illustrations and descriptions of his or her work to be published in the mass media but shall not give monetary consideration for the publication.</p> <p>12.      An architect may exhibit his or her name or the name of his or her firm in lettering not exceeding seventy-five millimetres in height outside his or her office or on a site notice board at a building under construction, alteration or extension, for which he or she has been commissioned.</p> <p>13.      No architect shall attempt to supplant another architect or compete by means of a reduction of fees or by any other inducement.</p> <p>14.      No architect shall take part in any architectural competition unless the conditions of the competition have been approved by the board.</p> <p><strong>History: </strong>Statute 5/1996; S.I. 17/1996.</p> <p><strong>Cross Reference</strong></p> <p>Companies Act, Cap. 110.</p> <p> </p> </div></div></div> Tue, 28 Jul 2015 08:39:03 +0000 Anonymous 23793 at https://old.ulii.org Allied Health Professionals Act https://old.ulii.org/node/23787 <section class="field field-name-field-chapterno field-type-text field-label-above view-mode-rss"><h2 class="field-label">Chapter number:&nbsp;</h2><div class="field-items"><div class="field-item even">268</div></div></section><section class="field field-name-field-inforce field-type-text field-label-above view-mode-rss"><h2 class="field-label">In-force:&nbsp;</h2><div class="field-items"><div class="field-item even">Yes</div></div></section><section class="field field-name-field-consoldate field-type-date field-label-above view-mode-rss"><h2 class="field-label">Date of consolidation:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="date-display-single" property="dc:date" datatype="xsd:dateTime" content="2000-12-31T00:00:00+02:00">31 December 2000</span></div></div></section><section class="field field-name-field-clegdownload field-type-file field-label-above view-mode-rss"><h2 class="field-label">Download of Original File:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="file"><img class="file-icon" alt="Microsoft Office document icon" title="application/msword" src="/modules/file/icons/x-office-document.png" /> <a href="https://old.ulii.org/system/files/legislation/consolidated-act/268/consolidated_act_2000_268.doc" type="application/msword; length=186528">consolidated_act_2000_268.doc</a></span></div></div></section><section class="field field-name-field-volume-subject field-type-taxonomy-term-reference field-label-above view-mode-rss"><h2 class="field-label">Volume Subject:&nbsp;</h2><ul class="field-items"><li class="field-item even"><a href="/taxonomy/term/37" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Professions and Occupations</a></li></ul></section><div class="field field-name-body field-type-text-with-summary field-label-hidden view-mode-rss"><div class="field-items"><div class="field-item even" property="content:encoded"><div> <p> </p> <p><strong>CHAPTER 268</strong></p> <p><strong>THE ALLIED HEALTH PROFESSIONALS ACT.</strong></p> <p><strong>Arrangement of Sections.</strong></p> <p>Section</p> <p>Part I—Interpretation.</p> </div> <p> </p> <p> </p> <div> <p>1.</p> <p> </p> <p>Interpretation.</p> </div> <p> </p> <div> <p>Part II—Establishment, functions and composition of the council and the boards.</p> <p>2.         Establishment of the council.</p> <p>3.         Seal of the council.</p> <p>4.         Functions of the council.</p> <p>5.         Composition of the council.</p> <p>6.         Vacation of office.</p> <p>7.         Remuneration of members.</p> <p>8.         Meetings of the council.</p> <p>9.         Advisory boards.</p> <p>Part III—Management and staff of the council.</p> <p>10.      The secretariat.</p> <p>11.      Registrar of the council.</p> <p>12.      Functions of the registrar.</p> <p>13.      Deputy registrar.</p> <p>14.      Other staff.</p> <p>Part IV—Financial provisions.</p> <p>15.      Funds of the council.</p> <p>16.      Financial year.</p> <p>17.      Estimates.</p> <p>18.      Accounts and audit.</p> </div> <p> </p> <div> <p>Part V—Registration of the allied health professionals.</p> <p>19.      Recognition of training institutions.</p> <p>20.      Approval of courses of study.</p> <p>21.      Eligibility for registration.</p> <p>22.      Eligibility where qualifications not recognised.</p> <p>23.      Application for registration.</p> <p>24.      Register of allied health professionals.</p> <p>25.      Certificate of registration.</p> <p>26.      Registration not a right to practise medicine.</p> <p>27.      Removal from the register.</p> <p>28.      Restoration of name after removal.</p> <p>Part VI—Licensing and registration for private practice.</p> <p>29.      Professionals to engage in private practice.</p> <p>30.      Private practice without a licence prohibited.</p> <p>31.      Licensing of private practice.</p> <p>32.      Registration of allied health units.</p> <p>33.      Allied health units to be published in the Gazette.</p> <p>34.      Operation of private health units.</p> <p>35.      Inspection of health units.</p> <p>36.      Annual report by a licensed person.</p> <p>Part VII—Disciplinary provisions.</p> <p>37.      Disciplinary committee.</p> <p>38.      Inquiry by the disciplinary committee.</p> <p>39.      Power to summon witnesses.</p> <p>40.      Offences by witnesses.</p> <p>41.      Disciplinary powers of the committee.</p> <p>42.      Proceedings to be recorded.</p> <p>43.      Notification of decision to person concerned.</p> <p>44.      Appeal from decision of the council.</p> <p>Part VIII—Miscellaneous provisions.</p> <p>45.      Committees of the council.</p> <p>46.      Change of practising venue.</p> <p>47.      Additional qualifications.</p> </div> <p> </p> <div> <p>48.      Supervisory authority.</p> <p>49.      Notification of the death of a professional.</p> <p>50.      Publication prima facie evidence.</p> <p>51.      Charges.</p> <p>52.      Regulations.</p> <p>53.      Procuring registration by fraud.</p> <p>54.      Registered   professional   to   undergo   minimum   continuing education.</p> <p>55.      Unregistered person passing off as registered.</p> <p>56.      Offences and penalties.</p> <p><strong>Schedule</strong></p> <p><em>Schedule</em>             Seal and meetings of the council and meetings</p> <p>of advisory boards.</p> </div> <p> </p> <div> <p><strong>CHAPTER 268</strong></p> <p><strong>THE ALLIED HEALTH PROFESSIONALS ACT.</strong></p> <p><em>Commencement</em>: 17 May, 1996.</p> <p><strong>An Act to provide for the regulation, supervision and control of the allied health professionals, and to provide for the establishment of a council to register and license the allied health professionals and for</strong></p> <p><strong>other connected matters.</strong></p> <p>Part I—Interpretation.</p> <p><strong>1.</strong><strong>      Interpretation.</strong></p> <p>In this Act, unless the context otherwise requires—</p> <p>(a)       “certificate” means a certificate issued under section 25;</p> <p>(b)       “chairperson” means the chairperson of the council appointed under section 5;</p> <p>(c)       “council” means the Allied Health Professionals Council established under section 2;</p> <p>(d)       “Gazette” means <em>The Uganda Gazette </em>and includes the <em>Gazette </em><em>Extraordinary</em>;</p> <p>(e)       “Minister” means the Minister responsible for health;</p> <p>(f)        “professional” means a person registered under section 24 as an allied health professional;</p> <p>(g)     “register” means the register kept under section 24;<br /> (h)    “registrar” means the registrar of the council appointed under</p> <p>section 11; (i)     “supervisory authority” means a person appointed under section</p> <p>48; (j)     “unit” means the allied health unit registered under section 32.</p> <p>Part II—Establishment, functions and composition of the council and the boards.</p> <p><strong>2.</strong><strong>      Establishment of the council.</strong></p> <p>There is established a council to be known as the Allied Health Professionals Council which shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and, subject to</p> </div> <p> </p> <div> <p>this Act, may do or suffer all other things and acts as bodies corporate do or suffer.</p> <p><strong>3.</strong><strong>      Seal of the council.</strong></p> <p>The seal of the council shall be such device as the council may determine and shall be authenticated in the manner provided under the Schedule to this Act.</p> <p><strong>4.</strong><strong>      Functions of the council.</strong></p> <p>The functions of the council shall be—</p> <p>(a)       to regulate the standards of allied health professionals in the country;</p> <p>(b)       to regulate the conduct of allied health professionals and to exercise disciplinary control over them;</p> <p>(c)       to approve courses of study for allied health professionals;</p> <p>(d)       to approve, supervise and regulate the training institutes for the different categories of allied health professionals;</p> <p>(e)       to approve the qualifications awarded by the different institutes in respect of the different categories of the allied health professionals;</p> <p>(f)        to supervise the registration of allied health professionals and the publication of the names of registered allied health professionals in the Gazette;</p> <p>(g)       to advise and make recommendations to the Government on matters relating to the allied health professions;</p> <p>(h) to exercise general supervision and control over the allied health professions and to perform any other function relating to those professions or incidental to their practice; and</p> <p>(i) to perform any other functions conferred upon it under this Act or referred to it from time to time.</p> <p><strong>5.</strong><strong>      Composition of the council.</strong></p> <p>(1)    The council shall consist of—</p> <p>(a)       a chairperson who shall be a senior allied health professional appointed by the Minister;</p> <p>(b)       a representative of the director general of the health services;</p> <p>(c)       the assistant commissioner of health services responsible for allied health professionals;</p> <p>(d)       one person representing each of the following professions—</p> </div> <p> </p> <div> <p>(i)     dentistry;</p> <p>(ii)   pharmacy;</p> <p>(iii)  clinical medicine;</p> <p>(iv)   medical laboratory technology;</p> <p>(v)    orthopaedic technology;</p> <p>(vi)   physiotherapy;</p> <p>(vii) public health;</p> <p>(viii) radiography;</p> <table cellpadding="0" cellspacing="0" style="height:72px; width:16px"> <tbody> <tr> <td> <p>(e) (f) (g)</p> <p>(h)</p> </td> </tr> </tbody> </table> <div> </div> <p>a representative of the Medical and Dental Practitioners Council;</p> <p>a representative of the Nurses and Midwives Council;</p> <p>one representative of all faculties of medicine of all universities</p> <p>established in Uganda by law; and</p> <p>a representative of the National Drug Authority.</p> <p>(2)       The members of the council referred to in subsection (1) shall be appointed by the Minister in consultation with the professions or bodies they represent.</p> <p>(3)       The council shall make rules of procedure for the election of members representing the various disciplines of allied health professionals, and the Minister shall prescribe the procedure for the election of the initial members.</p> <p>(4)       No person shall be appointed or elected a member of the council if that person—</p> <p> </p> <p>(a)       has been declared bankrupt or has entered into any composition with his or her creditors;</p> <p>(b)       has been convicted of an offence involving moral turpitude;</p> <p>(c)       is unable in the opinion of the Medical Board, by reason of infirmity of mind or body, to perform the duties of a member;</p> <p>(d)       has been disqualified under this Act, the Nurses and Midwives Act or the Medical and Dental Practitioners Act from practising or carrying on the profession or calling.</p> <p>(5)     A member of the council, including the chairperson, shall hold<br /> office for a term of three years from the date of appointment and shall be<br /> eligible for reappointment.</p> </div> <p> </p> <div> <p><strong>6.</strong></p> <p> </p> <p><strong>Vacation of office.</strong></p> </div> <p> </p> <div> <p>(1)    A member of the council shall vacate office if that member—</p> </div> <p> </p> <div> <p>(a)       becomes subject to any of the disqualifications under section 5(4);</p> <p>(b)       by writing under the member’s hand addressed to the Minister, resigns the membership of the council.</p> <p>(2) If any member of the council dies, resigns, is removed from office or for any other reason ceases to hold office before the expiration of the term for which he or she was appointed, the Minister may appoint another person to take the place of that member in accordance with section 5(2), and the person so appointed shall hold office until the expiration of the term of office of the member in whose place he or she was appointed.</p> <p><strong>7.</strong><strong>      Remuneration of members.</strong></p> <p>A member of the council or any other person attending a meeting of the council may be paid a remuneration or allowance that the council may, in consultation with the Minister, determine.</p> <p><strong>8.</strong><strong>      Meetings of the council.</strong></p> <p>(1)       The Schedule to this Act shall have effect in relation to the meetings of the council and other related matters specified in that Schedule.</p> <p>(2)       The Minister may, in consultation with the council, by statutory instrument amend the Schedule to this Act.</p> <p><strong>9.      Advisory boards.</strong></p> <p>(1) For purposes of advising the council on policy and other matters relating to the functions of the council, there shall be a board in respect of each of the allied professions as follows—</p> <p>(a)       a dentistry board, to cater for public health dental officers and dental technologists;</p> <p>(b)       a medical clinical officers board, to cater for medical clinical officers, anaesthetic clinical officers, opthalmic clinical officers and psychiatric clinical officers;</p> <p>(c)       a medical laboratory technology board, to cater for laboratory technologists and laboratory technicians;</p> <p>(d)       a pharmacy board, to cater for dispensers;</p> <p>(e)       an orthopaedic technology board, to cater for orthopaedic clinical officers and orthopaedic technicians;</p> </div> <p> </p> <div> <p>(f)        a physiotherapy board, to cater for physiotherapists and occupational therapists;</p> <p>(g)       a public health board, to cater for health inspectors, health assistants and assistant field officers for entomology; and</p> <p>(h)    a radiography board, to cater for radiographers.</p> <p>(2)     Each board shall consist of—</p> <p>(a)       not less than six and not more than nine persons elected by the various professions and approved by the council from among the registered members of the relevant profession;</p> <p>(b)       the relevant heads of the training institutions approved under section 19; and</p> <p>(c)       representatives of relevant departments from medical schools of universities established in Uganda by law.</p> <p> </p> <p>(3)       The functions of each of the boards shall be to advise the council on policy and other matters, including training, relating to the relevant allied profession of each board.</p> <p>(4)       A member of a board shall hold office for a period of three years from the date of appointment and shall be eligible for reappointment.</p> <p>(5)       A member of a board may resign office by writing under the member’s hand addressed to the board chairperson or may be removed from office by the council for inability to perform the functions of the office of member of the board.</p> <p>(6)       Meetings of the council and the advisory boards shall be as is provided in the Schedule to this Act.</p> <p>Part III—Management and staff of the council.</p> <p><strong>10.</strong><strong>    The secretariat.</strong></p> <p>The council shall have a secretariat to assist it in carrying out its functions under this Act.</p> <p><strong>11.</strong><strong>    Registrar of the council.</strong></p> <p>(1) There shall be a registrar of the council who shall be a public officer appointed by the Health Service Commission from among the</p> </div> <p> </p> <div> <p>registered allied health professionals.</p> </div> <p> </p> <div> <table cellpadding="0" cellspacing="0" style="height:58px; width:16px"> <tbody> <tr> <td> <p>(2) (a)</p> <p>(b)</p> </td> </tr> </tbody> </table> <div> </div> <p>The office of registrar shall become vacant—</p> <p>if the registrar resigns office by writing addressed to the Health</p> <p>Service Commission;</p> <p>if, in the opinion of the council, the registrar becomes incapable</p> <p>of performing the duties of registrar by reason of infirmity of</p> <p>body or mind or other sufficient cause and is removed from office</p> <p>by the Health Service Commission; or</p> <table cellpadding="0" cellspacing="0" style="height:16px"> <tbody> <tr> <td> <p>(c)</p> </td> </tr> </tbody> </table> <div> </div> <p>if the registrar is found by the council guilty of professional</p> <p>misconduct.</p> <p><strong>12.   Functions of the registrar.</strong></p> <p>(1)    The registrar shall be the chief executive officer of the council and the head of the secretariat and as such shall—</p> <table cellpadding="0" cellspacing="0" style="height:32px; width:16px"> <tbody> <tr> <td> <p>(a) (b)</p> </td> </tr> </tbody> </table> <div> </div> <p>keep and maintain the registers of the allied health professionals;</p> <p>make necessary alterations and corrections in the registers in</p> <p>relation to any entry as may be directed by the council from time</p> <p>to time;</p> <table cellpadding="0" cellspacing="0" style="height:16px"> <tbody> <tr> <td> <p>(c)</p> </td> </tr> </tbody> </table> <div> </div> <p>remove from any register—</p> <p>(i)     the name of any person ordered to be removed under this</p> <p>Act; (ii)   the name of a deceased professional; (iii)  any entry which may have been incorrectly or fraudulently</p> <p>made in the register; or (iv)   with the consent of the person concerned, the name of a</p> <table cellpadding="0" cellspacing="0" style="height:16px"> <tbody> <tr> <td> <p>(d)</p> </td> </tr> </tbody> </table> <div> </div> <table cellpadding="0" cellspacing="0" style="height:69px; width:16px"> <tbody> <tr> <td> <p>(e)</p> <p>(f) (g)</p> </td> </tr> </tbody> </table> <div> </div> <p>person who has ceased to practise; reinstate a name removed from the register for a specified period and at the request of the person concerned, after payment of the prescribed fee;</p> <p>inspect and have full access, on behalf of the council, to all allied health units licensed under this Act; implement the decisions of the council; and perform any other duty or function that may be required under this Act or as the council may direct.</p> <p>(2) The registrar shall be the secretary to the council and as such shall be responsible for recording all the minutes of the meetings of the council and its committees and shall keep custody of all records and documents of the council.</p> </div> <p> </p> <div> <p><strong>13.   Deputy registrar.</strong></p> <p>(1)       There shall be a deputy registrar who shall be a public officer appointed by the Health Service Commission from among the registered professionals.</p> <p>(2)       Section 11(2) shall apply to the deputy registrar.</p> <p>(3)       The deputy registrar shall carry out the duties that the registrar shall assign to him or her, and the deputy registrar may deputise the registrar in all his or her duties.</p> <p><strong>14.</strong><strong>    Other staff.</strong></p> <p>(1)       The council shall have such other officers and employees as may be appointed by the council, and the officers and employees shall hold office on terms and conditions that shall be determined by the council.</p> <p>(2)       Public officers may be seconded to the council.</p> <p>Part IV—Financial provisions.</p> <p><strong>15.</strong><strong>    Funds of the council.</strong></p> <p>(1)     The funds of the council shall consist of—</p> <p>(a)       money appropriated to the council by Parliament from time to time;</p> <p>(b)       grants, gifts and donations to the council;</p> <p>(c)       fees and other monies paid for services rendered by the council;</p> <p>(d)       monies that may in any manner become payable to or vested in the council in pursuance of this Act or in relation or incidental to the carrying out of its functions.</p> <p>(2)     The council shall operate a bank account in a bank determined by<br /> the council, and the account shall be operated in a manner decided by the<br /> council.</p> <p><strong>16.</strong><strong>    Financial year.</strong></p> <p>The financial year of the council shall be the twelve months beginning from</p> </div> <p> </p> <div> <p>the 1st day of July and ending on the 30th day of June.</p> <p><strong>17.</strong><strong>    Estimates.</strong></p> <p>(1)       The council shall within three months before the end of each financial year prepare and submit to the Minister for his or her approval estimates of income and expenditure of the council for the next ensuing year and may, at any time before the end of a financial year, prepare and submit to the Minister for his or her approval any supplementary estimates.</p> <p>(2)       No expenditure shall be made out of the funds of the council unless that expenditure is part of the expenditure approved by the Minister under estimates for the financial year in which that expenditure is to be made or in estimates supplementary to that year’s estimates.</p> <p><strong>18.</strong><strong>    Accounts and audit.</strong></p> <p>(1)       The council shall keep proper books of account and shall prepare the annual financial statements of account for the immediately preceding financial year not later than three months into the following year.</p> <p>(2)       The annual accounts of the council shall be audited by the Auditor General or an auditor appointed by him or her.</p> <p>(3)       The council shall, within three months after the end of each financial year, submit—</p> <p>(a)     to the Minister an annual report in respect of that year<br /> containing—</p> <p>(i)     financial statements; (ii)   a report on the operations of the council; (iii)  any other information that the Minister may, prior to the</p> <p>completion   of   the   annual   report   or   as   otherwise supplementary thereto, direct in writing;</p> <p>(b)     to the Auditor General—<br /> (i)     the accounts of the council for the financial year; and<br /> (ii)   the annual report referred to under paragraph (a).</p> <p>(4)     The Auditor General shall audit the accounts of the council within<br /> two months of the receipt thereof and submit his or her opinion on the<br /> accounts and the annual report to the Minister and the council.</p> </div> <p> </p> <div> <p>(5) The Minister shall lay copies of the annual report together with a copy of the audited accounts before Parliament within three months after receipt of the annual report and the audited accounts.</p> <p>Part V—Registration of allied health professionals.</p> <p><strong>19.</strong><strong>    Recognition of training institutions.</strong></p> <p>(1)       The council may, taking into account the entrance requirements, the curriculum followed and, where possible, the professional standards exhibited by persons holding qualifications of the training institution awarding the qualification, recognise the institution and the qualification awarded by that training institution for purposes of registration under this Act.</p> <p>(2)       The training institutions recognised under subsection (1) shall be published in the Gazette as soon as the council recognises them; and the registrar shall, after the 1st day of January and not later than the 31st day of March each year cause to be published in the Gazette all qualifications recognised under this section.</p> <p>(3)       The council may, at any time, if professional standards so require, withdraw its recognition under subsection (1); but the withdrawal shall not affect the registration of an already registered professional or his or her entitlement.</p> <p><strong>20.</strong><strong>    Approval of courses of study.</strong></p> <p>The council shall approve the courses of study for the different categories of the allied health professionals and the qualifications awarded to persons who pass the qualifying examination.</p> <p><strong>21.</strong><strong>    Eligibility for registration.</strong></p> <p>(1) A person holding any of the following qualifications awarded by any of the training institutions recognised under section 19 shall be eligible for registration in the appropriate discipline to which the qualifications relate—</p> <p>(a) a degree of Bachelor of Science in any of the disciplines of allied health professions awarded by a university established in Uganda by law;</p> </div> <p> </p> <div> <p>(b)       a certificate or diploma in any of the disciplines of allied health professions;</p> <p>(c)       an allied health qualification recognised under subsection (2).</p> <p>(2) A person who produces evidence satisfactory to the council that he or she is a member of any association or institute of allied health professionals in any other country, by whatever name called, in respect of which the council is satisfied that the standard of training and examination is not inferior to the standards set by the council may apply for registration.</p> <p><strong>22.</strong><strong>    Eligibility where qualifications not recognised.</strong></p> <p>(1)       A person holding a qualification which is not recognised by the council may apply to the council, and the council may make arrangements for that person to attend an interview and sit for an oral or written examination or both for the purpose of having that qualification recognised by the council.</p> <p>(2)       The council may after interviewing or examining a person under subsection (1) direct that person to undergo a period of training or undertake further examination as it may specify.</p> <p>(3)       The council shall authorise the registration of a person if it is satisfied with the results of the interview or examination under subsection (1) or when the conditions given under subsection (2) are fulfilled to its satisfaction.</p> <p>(4)       The council may appoint a committee to assess the suitability for registration of a person under this section, and the committee shall submit its findings and recommendations to the council for the council’s decision.</p> <p><strong>23.</strong><strong>    Application for registration.</strong></p> <p>(1)       A person who qualifies to be registered as an allied health professional may apply to the council for registration; and if the council is satisfied that the applicant is eligible for registration, it shall authorise the registrar to enter that person’s name on the appropriate register.</p> <p>(2)       An application for registration shall be in the prescribed form, and the application shall be accompanied by documentary proof of the qualifications of the applicant together with the prescribed fee.</p> </div> <p> </p> <div> <p>(3) The registrar shall not register a person under section 21(2) whose name has been removed from the register in the country in which he or she had been registered.</p> <p><strong>24.</strong><strong>    Register of allied health professionals.</strong></p> <p>(1)     The registrar shall keep and maintain a register of allied health<br /> professionals and shall enter against the name of a person registered—</p> <p>(a)       the address of contact;</p> <p>(b)       the date of entry;</p> <p>(c)       qualification and additional qualifications; and</p> <p>(d)       such other particulars as the council may determine.</p> <p> </p> <p>(2)       The registrar shall cause to be published in the Gazette the name of a person registered or struck off the register as soon as is practicable and shall, after the 1st day of January and not later than the 31st day of March in each year, cause to be published in the Gazette the up-to-date register maintained under this section.</p> <p>(3)       Subject to subsection (1), the register shall be in the form prescribed by the council.</p> <p><strong>25.</strong><strong>    Certificate of registration.</strong></p> <p>On the registration of an allied health professional, the registrar shall issue to the person registered a certificate of registration in the prescribed form, sealed with the seal of the council.</p> <p><strong>26.</strong><strong>    Registration not a right to practise medicine.</strong></p> <p>Registration under this Act shall not confer upon any registered person under this Act a right under the Medical and Dental Practitioners Act—</p> <p>(a)       to assume a name, title or designation under that Act;</p> <p>(b)       to practise medicine or dentistry except as is provided under this Act;</p> <p>(c)       to grant any medical certificate or certificate of death except for the disciplines allowed to do so under this Act; or</p> <p>(d)       to undertake the charge of cases of abnormality or disease in connection with parturition.</p> </div> <p> </p> <div> <p><strong>27.</strong><strong>    Removal from the register.</strong></p> <p>(1)     The council may, after inquiry, cause to be removed from the<br /> register the name of any person—</p> <p>(a)       who is convicted by a court of law of a criminal offence involving moral turpitude;</p> <p>(b)       who is found guilty of professional misconduct by the council; or</p> <p>(c)       who is suspended from practice.</p> <p>(2)     When the name of a person is removed from a register in<br /> accordance with this Act, the registration of an allied health unit under his or<br /> her name shall also, by virtue of the removal, lapse, unless it is registered in<br /> a partnership with other registered persons or until such time as another<br /> qualified person is registered in respect of those premises.</p> <p><strong>28.</strong><strong>    Restoration of name after removal.</strong></p> <p>(1)       The council may, on the application of the person whose name has been removed from the register, after the expiration of a prescribed period cause the name of that person to be reinstated on the register on the payment of the prescribed fee.</p> <p>(2)       Where the name of a person is reinstated on the register, the council may restore the registration of the establishment that may have lapsed and may impose any condition as it may deem fit.</p> <p>Part VI—Licensing and registration for private practice.</p> <p><strong>29.</strong><strong>    Professionals to engage in private practice.</strong></p> <p>The following categories of allied health professionals may establish, engage in and manage private common health conditions units—</p> <p>(a)       dispensers to manage drug shops, compounding and preparation of mixtures as may be approved by the National Drug Authority;</p> <p>(b)       medical clinical officers to manage some common health conditions approved between the council and the Medical and Dental Practitioners Council;</p> <p>(c)       laboratory technologists to manage laboratory services approved between the council and the Medical and Dental Practitioners Council;</p> <p>(d)       physiotherapists to manage physiotherapy services;</p> </div> <p> </p> <div> <p>(e)       public health dental officers to manage common dental conditions approved between the council and the Medical and Dental Practitioners Council;</p> <p>(f)        any other professionals, as may be declared by the Minister, on the advice of the council and the Medical and Dental Practitioners Council.</p> <p><strong>30.</strong><strong>    Private practice without a licence prohibited.</strong></p> <p>(1)       A person shall not engage in private practice without holding a practising licence issued under this Act.</p> <p>(2)       A person contravening the provision of this section commits an offence.</p> <p><strong>31.</strong><strong>    Licensing of private practice.</strong></p> <p>(1)       A registered professional may apply to the council for a licence to engage in private practice in the discipline of his or her area of specialisation.</p> <p>(2)       An application for a licence under subsection (1) shall be accompanied by a copy of the certificate of registration.</p> <p>(3)       The council may, if satisfied that the applicant possesses the relevant qualifications, authorise granting a licence for private practice to the applicant subject to such conditions as the council may consider fit.</p> <p>(4)       No licence for private practice shall be granted under this section unless the council is satisfied that the applicant has for a period of not less than four years prior to the application under this section acquired experience by having rendered satisfactory service in full-time employment in a hospital or health unit approved by the council or has obtained equivalent experience in a similar institution.</p> <p>(5)       The licence for private practice granted under subsection (3) shall be valid for the calendar year in which it is issued and will be subject to renewal for one calendar year at a time.</p> <p>(6)       A licence renewed under subsection (5) shall not be issued subject to a condition which is less advantageous than that already attached unless</p> </div> <p> </p> <div> <p>the person concerned has been given an opportunity of being heard by the council.</p> <p>(7) The decision of the council not to renew a licence for private practice under this Act or to attach further restrictive conditions for the registration shall be final.</p> <p><strong>32.</strong><strong>    Registration of allied health units.</strong></p> <p>(1)       Any person or body who or which intends to open a private allied health unit shall apply to the council for the registration of the unit.</p> <p>(2)       The council may, after making such inquiry as it considers necessary, and after receiving a fee determined by the council, authorise the registration of the specific allied health unit; and upon registration the unit shall be licensed under this Act, and a licence shall be issued to the applicant.</p> <p>(3)       The licence for the private allied health unit issued under subsection (2) shall be valid for the calendar year in which it is issued and shall be subject to renewal for one year at a time.</p> <p><strong>33.</strong><strong>    Allied health units to be published in the Gazette.</strong></p> <p>The council shall cause to be published in the Gazette soon after registration is authorised and a licence issued in respect of an allied health unit—</p> <p>(a)       the name, address, qualifications and the date of registration of the allied health professional who is the owner of the unit;</p> <p>(b)       the conditions, if any, attached to the licence;</p> <p>(c)       the name and address of the unit.</p> <p><strong>34.</strong><strong>    Operation of private health units.</strong></p> <p>(1)       A registered allied health professional who employs as his or her substitute a person who is not registered in the same discipline as oneself commits an offence.</p> <p>(2)       A professional shall not at any time, except with a special licence or permission, engage in stockpiling, retailing or wholesaling of drugs at his or her allied health unit.</p> </div> <p> </p> <div> <p><strong>35.</strong><strong>    Inspection of health units.</strong></p> <p>(1)       The registrar or any allied health professional authorised by the council shall, for the purpose of certifying that the provisions of this Act are complied with, enter and inspect any unit with the assistance of a law enforcement officer if necessary.</p> <p>(2)       If in the opinion of the person who made the inspection any action against the unit is necessary, he or she shall submit a report to that effect to the council within thirty days.</p> <p>(3)       On receipt of a report made under subsection (2), the council may, after making or causing to be made such inquiry as is considered necessary and after affording an opportunity to the owner of the unit to be heard, take action as it may consider fit.</p> <p><strong>36.</strong><strong>    Annual report by a licensed person.</strong></p> <p>(1)       A person licensed under this Part of the Act shall, before the 31st day of January in each year, make and submit to the supervisory authority a report of his or her transactions and all the cases he or she attended in the preceding year where applicable, and all the registers and records made by that person in the preceding year shall be made available to the supervisory authority for inspection.</p> <p>(2)       The supervisory authority shall, if satisfied with the transaction of the licensed person and the report made under subsection (1), issue a letter of competence to that licensed person; and the licensed person shall, before the 31st day of January each year, present the letter of competence together with the application for renewal to the registrar for the renewal of a practising licence.</p> <p>Part VII—Disciplinary provisions.</p> <p><strong>37.</strong><strong>    Disciplinary committee.</strong></p> <p>(1) There shall be a disciplinary committee of the council which shall consist of—</p> <p>(a)       the chairperson appointed by the council from among its members who shall preside at all meetings of the committee;</p> <p>(b)       three members appointed by the council from among its</p> </div> <p> </p> <div> <p>members;</p> <p>(c)       one person appointed by the council who shall be a person registered in the same discipline as the person whose conduct is the subject of an inquiry by the committee;</p> <p>(d)       an advocate of not less than five years’ standing appointed by the council;</p> <p>(e)       a member of the Health Service Commission;</p> <p>(f)        a supervisory authority from the area in which the person whose conduct is the subject of inquiry operates; and</p> <p>(g)       the registrar, who shall also be a secretary to the committee.</p> <p>(2) At the meeting of the disciplinary committee, five members, including the chairperson and a person registered in the same discipline as the person whose conduct is the subject of inquiry, shall form a quorum.</p> <p><strong>38.   Inquiry by the disciplinary committee.</strong></p> <p>(1)       Where the council receives an allegation which, if proved, would constitute a professional misconduct on the part of a person registered under this Act, it may refer the matter to the disciplinary committee to hold and inquire into the alleged misconduct.</p> <p>(2)       A meeting of the committee for the purpose of holding an inquiry under this section shall be convened by the registrar.</p> <p>(3)       At least twenty-eight days prior to the date fixed for an inquiry under this section, notice in writing and signed by the registrar shall be served personally on the professional who is the subject of inquiry or sent to that person by registered post at his or her last known address informing him or her of the time and place fixed for the inquiry and of the substance of the allegation made against him or her, accompanied, where practicable, by a copy of any document to be produced at the inquiry; and such document shall be available at all reasonable times before the inquiry for inspection by the person or his or her advocate.</p> <p>(4)       A professional who is subject to an inquiry shall be entitled to be present at the proceedings and, if he or she wishes, to be represented by an advocate.</p> <p>(5)       If at the time and place fixed for the inquiry the professional who is subject to an inquiry fails without reasonable excuse to appear and the</p> </div> <p> </p> <div> <p>committee is satisfied that the provisions of subsection (3) have been complied with, it shall be lawful for the committee to proceed with the inquiry as if the professional were present.</p> <p>(6) An inquiry under this section shall be deemed to be a judicial proceeding for the purposes of sections 94 and 99 of the Penal Code Act.</p> <p><strong>39.</strong><strong>    Power to summon witnesses.</strong></p> <p>(1)       In any inquiry under section 38, the committee shall have the powers of the High Court to summon witnesses and to call for the production of books, plans and documents and to examine witnesses and parties on oath.</p> <p>(2)       Summons for the attendance of witnesses or other persons at any inquiry held under section 38 shall be signed by the registrar, and oaths and affirmations shall be authenticated at the inquiry by the person presiding over the committee.</p> <p><strong>40.</strong><strong>    Offences by witnesses.</strong></p> <p>(1)     A person who, having been served with summons to attend and<br /> give evidence or to produce any book, plan or document at any inquiry held<br /> under section 38—</p> <p>(a)       fails without reasonable cause to obey the summons;</p> <p>(b)       refuses without reasonable cause to answer questions put to him or her by or with the concurrence of the committee; or</p> <p>(c)       wilfully interrupts the proceedings of the committee or insults any member of the committee,</p> <p>commits an offence.</p> <p>(2)     An inquiry under section 38 shall be deemed to be a suit or<br /> proceeding for the purposes of section 131 of the Evidence Act.</p> <p><strong>41.</strong><strong>    Disciplinary powers of the committee.</strong></p> <p>The committee after due inquiry made in accordance with this Act may recommend to the council for the removal of the name from the register of a professional who was the subject of the inquiry or order the suspension from practice of the professional for a period that it may deem fit.</p> </div> <p> </p> <div> <p><strong>42.</strong><strong>    Proceedings to be recorded.</strong></p> <p>The proceedings of the committee at any inquiry under this Act shall be recorded in writing and signed by the person presiding over the committee and when recorded and signed shall be conclusive evidence of the finding and decision of the committee.</p> <p><strong>43.</strong><strong>    Notification of decision to person concerned.</strong></p> <p>(1)       Within three months after the conclusion of an inquiry, and the decision of the council, the registrar shall notify the person concerned, in writing, of the decision of the council.</p> <p>(2)       The council may direct, in a manner that it deems fit, the publication of a report and decision of any inquiry held by the committee.</p> <p><strong>44.</strong><strong>    Appeal from decision of the council.</strong></p> <p>(1)       A person who is aggrieved by a decision of the council may, within one month from the notification to him or her of the decision, or within a further period that the High Court may in any case allow, appeal to the High Court whose decision shall be final.</p> <p>(2)       Every appeal referred to under subsection (1) shall be by petition stating the facts and grounds of appeal, and a copy of the petition shall be served on the registrar.</p> <p>(3)       A professional whom the council has suspended from practice or whose name the council has recommended to be removed from the register shall be informed of his or her right to appeal to the High Court under subsection (1).</p> <p>(4)       On hearing any appeal under this section, the High Court may allow or dismiss the appeal or alter or vary the decision of the council or make any other order that may appear just.</p> <p>Part VIII—Miscellaneous provisions.</p> <p><strong>45.</strong><strong>    Committees of the council.</strong></p> <p>(1)    For better carrying out its functions, the council may appoint such</p> </div> <p> </p> <div> <p>committees composed of its members, or its members and other persons, as it may consider necessary.</p> <p>(2)       A committee appointed under subsection (1) shall deliberate on any matter assigned to it by the council and make findings and recommendations to the council.</p> <p>(3)       The chairperson of a committee under this section shall be appointed by the council from among the members of the council.</p> <p><strong>46.</strong><strong>    Change of practising venue.</strong></p> <p>(1)       A person registered under this Act who, having been practising in a place, ceases to practise in that place and commences to practise in some other place shall, within seven days before commencing to practise, give notice accompanied by a recommendation from the supervising authority of the place where he or she was practising.</p> <p>(2)       A notice under subsection (1) shall contain particulars that may be required by rules made under this Act.</p> <p>(3)       A person registered under this Act who fails to comply with any of the provisions of this section commits an offence.</p> <p><strong>47.</strong><strong>    Additional qualifications.</strong></p> <p>A person registered under this Act who has acquired additional qualifications approved by the council may, on the payment of a prescribed fee, have the additional qualification included in the register.</p> <p><strong>48.</strong><strong>    Supervisory authority.</strong></p> <p>(1)       The council may, in respect of any region, district or smaller area, appoint a senior registered professional to be the supervisory authority to any registered allied health professional.</p> <p>(2)       It shall be the duty of a supervisory authority—</p> <p> </p> <p>(a)       to   exercise   general   supervision   over   the   allied   health professionals in accordance with the rules made under this Act;</p> <p>(b)       to investigate charges of malpractice, negligence or misconduct against a professional and make a full report to the disciplinary</p> </div> <p> </p> <div> <p>committee of the facts and circumstances of the charge;</p> <p>(c)       to suspend from practice for a period not exceeding three months and in accordance with rules made under this Act, any professional if suspension appears necessary; and the authority shall immediately after the suspension make a report, including the circumstances and reasons of the suspension, to the disciplinary committee;</p> <p>(d)       to report to the disciplinary committee the name of any professional convicted of an offence and the nature of the offence committed as soon as possible after the conviction comes to the knowledge of the supervisory authority.</p> <p><strong>49.</strong><strong>     Notifications of the death of a professional.</strong></p> <p>The supervisory authority appointed under section 48 shall, on receiving information of the death of a registered professional, notify the registrar in writing of the death.</p> <p><strong>50.</strong><strong>    Publication prima facie evidence.</strong></p> <p>(1)     The publication of any list in the Gazette under this Act shall be<br /> prima facie evidence that—</p> <p>(a)       a person whose name appears therein is registered as indicated in the Gazette;</p> <p>(b)       the allied health unit mentioned in the Gazette at the time of publication is duly registered under this Act;</p> <p>(c)       in the case of the absence of the name of any person or allied health unit from the relevant list, that the person or unit is not registered under this Act.</p> <p>(2)     A copy or extract from a register certified under the hand of the<br /> registrar shall be received in evidence without further proof unless the<br /> contrary is shown.</p> <p><strong>51.</strong><strong>    Charges.</strong></p> <p>A professional engaged in private practice under this Act may demand reasonable charges for the attendance on, treatment of or service rendered to any person under this Act and for any drugs supplied and shall be entitled to sue for or recover the same, with full costs, in any court of competent jurisdiction.</p> </div> <p> </p> <div> <p><strong>52.</strong><strong>    Regulations.</strong></p> <p>The Minister, may on the recommendation of the council, make regulations generally for better carrying into effect the provisions of this Act and, without prejudice to the generality of the foregoing, the Minister may—</p> <p>(a)       prescribe the fees to be prescribed under this Act, including the fees payable for any registration under this Act;</p> <p>(b)       prescribe the application forms that may be necessary;</p> <p>(c)       prescribe any other form to be issued under this Act;</p> <p>(d)       provide for the procedure of electing members to the council;</p> <p>(e)       prescribe the form of the registers to be kept under this Act;</p> <p>(f)        prescribe the form of application and other requirements for the registration of a person under this Act;</p> <p>(g)     prescribe the examinations that may be taken under this Act;<br /> (h)    provide the standards and grade of examinations for the issue of</p> <p>a certificate or diploma under this Act; (i)     prescribe any other thing that may be prescribed under this Act.</p> <p><strong>53.</strong><strong>    Procuring registration by fraud.</strong></p> <p>A person commits an offence who—</p> <p>(a)       makes or produces or causes to be produced any false or fraudulent representation or declaration, whether verbally or in writing, while procuring or attempting to procure oneself or any other person to be registered under this Act; or</p> <p>(b)       wilfully makes or causes to be made any false entry in the register.</p> <p><strong>54.</strong><strong>    Registered professional to undergo minimum continuing education.</strong></p> <p>(1)       Every registered allied health professional engaged in active public or private practice shall be required to have undergone minimum continuing education courses as prescribed by the council in order to remain on the register.</p> <p>(2)       The council may delegate the responsibility of arranging continuing education in subsection (1) to the Uganda Allied Health Professionals Association or any other professional association the council may deem fit.</p> </div> <p> </p> <div> <p>(3) A practitioner’s failure to satisfy the council that he or she has engaged in a minimum continuing education shall constitute grounds for the council to take disciplinary action.</p> <p><strong>55.</strong><strong>    Unregistered person passing off as registered.</strong></p> <p>(1)       A person not registered under this Act who holds himself or herself directly or indirectly as being registered or who does anything calculated to deceive commits an offence.</p> <p>(2)       A person who is not registered under this Act who practises for gain as an allied health professional commits an offence.</p> <p><strong>56.</strong><strong>    Offences and penalties.</strong></p> <p>A person who commits an offence under this Act is liable on conviction to a fine of not less than three hundred thousand shillings or to a term of imprisonment not exceeding three years or to both.</p> </div> <p> </p> <div> <p><em>Schedule.</em></p> <p>ss. 3, 8, 9(6).</p> <p><strong>Seal and meetings of the council and meetings of advisory boards.</strong></p> <p><strong>1.</strong><strong>      Seal of the council.</strong></p> <p>(1)       The seal of the council shall be kept under the custody of the registrar.</p> <p>(2)       The affixing of the seal of the council on any document shall be authenticated by the signatures of the chairperson and the registrar, and their signatures shall not be required to be witnessed by any other person.</p> <p>(3)       A document purporting to be an instrument issued by the council and sealed with the seal of the council and authenticated in the manner provided by subparagraph (2) shall be deemed to be a valid instrument and admissible in evidence without further proof unless the contrary is shown.</p> <p><strong>2.</strong><strong>      Vice chairperson.</strong></p> <p>The members of the council shall elect one of the members to be the vice chairperson.</p> <p><strong>3.</strong><strong>      Meeting of the council.</strong></p> <p>(1)       The council shall meet for the transaction of business at places and at times as may be decided upon by the council, but the council shall meet at least once every three months.</p> <p>(2)       The chairperson or, in his or her absence, the vice chairperson may, at any time, call a special meeting of the council and shall call a special meeting upon a written request by a majority of the members of the council.</p> <p>(3)       The chairperson or, in his or her absence, the vice chairperson, shall preside at every meeting of the council; and in absence of both the chairperson and the vice chairperson from any meeting, the members present may appoint a member from among themselves to preside at that meeting.</p> <p><strong>4.</strong><strong>      Quorum.</strong></p> <p>The quorum at a meeting of the council shall be half of all the members.</p> </div> <p> </p> <div> <p><strong>5.</strong><strong>      Decisions of the council.</strong></p> <p>All questions proposed at a meeting of the council shall, subject to the quorum being present, be decided by a majority of the votes of the members present; and in the event of an equality of votes, the person presiding shall have a second or casting vote in addition to his deliberative vote.</p> <p><strong>6.</strong><strong>      Disclosure of interest.</strong></p> <p>(1)       A member of the council who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the council shall, as soon as possible, after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest to the council.</p> <p>(2)       A disclosure of interest under subsection (1) shall be recorded in the minutes of the meeting of the council, and the member making such disclosures shall not, unless the council otherwise determines in respect of that matter—</p> <p> </p> <p>(a)       be present during any deliberations on the matter by the council; or</p> <p>(b)       take part in the decision of the council.</p> <p>(3)     For the purposes of the making of a determination by the council<br /> under subparagraph (2) in relation to a member who has made a disclosure<br /> under subparagraph (1), the member who has made the disclosure shall not—</p> <p>(a)       be present during the deliberations of the council for the making of that determination; or</p> <p>(b)       influence any other member or take part in the making by the council of the determination.</p> <p><strong>7.</strong><strong>      Minutes of meetings.</strong></p> <p>The council shall cause the minutes of all proceedings of its meetings to be recorded and kept, and the minutes of each meeting shall be confirmed by the council at the next meeting and signed by the chairperson of the meeting.</p> <p><strong>8.</strong><strong>      Council to regulate proceedings.</strong></p> <p>Subject to the Act and this Schedule, the council may regulate its own</p> </div> <p> </p> <p>proceedings.</p> <p><strong>9.     Meetings of a board.</strong></p> <p>(1)       The board shall meet at times and places that the board may decide; but a board shall meet at least once in two months.</p> <p>(2)       The quorum of a board shall be half of all members of the board.</p> <p>(3)       In all other aspects, the provisions of the meetings of the council shall apply to the meetings of a board.</p> <p><strong>History: </strong>Statute 10/1996.</p> <p><strong>Cross References</strong></p> <p>Evidence Act, Cap. 6.</p> <p>Medical and Dental Practitioners Act, Cap. 272.</p> <p>Nurses and Midwives Act, Cap. 274.</p> <p>Penal Code Act, Cap. 120.</p> <p> </p> </div></div></div> Tue, 28 Jul 2015 08:39:03 +0000 Anonymous 23787 at https://old.ulii.org Advocates Act https://old.ulii.org/ug/legislation/consolidated-act/267 <section class="field field-name-field-chapterno field-type-text field-label-above view-mode-rss"><h2 class="field-label">Chapter number:&nbsp;</h2><div class="field-items"><div class="field-item even">267</div></div></section><section class="field field-name-field-inforce field-type-text field-label-above view-mode-rss"><h2 class="field-label">In-force:&nbsp;</h2><div class="field-items"><div class="field-item even">Yes</div></div></section><section class="field field-name-field-consoldate field-type-date field-label-above view-mode-rss"><h2 class="field-label">Date of consolidation:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="date-display-single" property="dc:date" datatype="xsd:dateTime" content="2000-12-31T00:00:00+02:00">31 December 2000</span></div></div></section><section class="field field-name-field-volume-subject field-type-taxonomy-term-reference field-label-above view-mode-rss"><h2 class="field-label">Volume Subject:&nbsp;</h2><ul class="field-items"><li class="field-item even"><a href="/taxonomy/term/37" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Professions and Occupations</a></li></ul></section><div class="field field-name-body field-type-text-with-summary field-label-hidden view-mode-rss"><div class="field-items"><div class="field-item even" property="content:encoded"><p> </p> <div> <p><strong>CHAPTER 267</strong></p> <p><strong>THE ADVOCATES ACT. Arrangement of Sections.</strong></p> <p>Section</p> <p>Part I—Interpretation.</p> <p>1.                                    Interpretation. Part II—The Law Council.</p> <p>2.         Establishment of the Law Council.</p> <p>3.         Functions of the Law Council.</p> <p>4.         Proceedings and quorum of the Law Council.</p> <p>5.         Secretary of the Law Council and expenses.</p> <p>Part III— Exempted persons.</p> <p>6.         Certain persons exempted from provisions of the Act. Part IV—Enrollment and certification of advocates.</p> <p>7.         Roll of advocates.</p> <p>8.         Admission and enrollment of advocates.</p> <p>9.         Precedence.</p> <p>10.      Removal of name from roll on application of advocate.</p> <p>11.      Issue of practising certificates and right to practise.</p> <p>12.      Refusal of practising certificate.</p> <p>13.      Temporary admission to right to practise.</p> <p>14.      Cancellation or suspension of practising certificate.</p> <p>15.      Offences and penalties.</p> <p>Part V—Discipline of advocates and clerks.</p> <p>16.      Advocates to be officers of the court.</p> <p>17.      Saving of disciplinary powers of courts.</p> <p>18.      Establishment of the Disciplinary Committee.</p> </div> <p> </p> <div> <p>19.      Proceedings of the Disciplinary Committee.</p> <p>20.      Complaints against advocates.</p> <p>21.      Reports and action on a complaint.</p> <p>22.      Appeal against order of the Disciplinary Committee.</p> <p>23.      Registrar to furnish copy of report and record.</p> <p>24.      Representation before the High Court.</p> <p>25.      Powers of the High Court.</p> <p>26.      Powers of the High Court to be exercised by three judges.</p> <p>27.      Registrar to draw up orders.</p> <p>28.      Orders to be noted on the roll.</p> <p>29.      Reciprocal enforcement of suspensions, etc.</p> <p>30.      Uganda Law Society to be informed.</p> <p>31.      Limitation of time for certain applications.</p> <p>32.      Restoration to the roll.</p> <p>33.      Disciplinary powers as to clerks.</p> <p>34.      Clerk’s right of appeal.</p> <p>35.      Offences and penalties with respect to employment of clerks against whom an order is in force.</p> <p>36.      Order of the Disciplinary Committee to be received in evidence.</p> <p>37.      Proceedings under this Part to be in addition to other remedies.</p> <p>38.      Penalties for failure to comply with orders of the Disciplinary Committee.</p> <p>39.      Immunity for members of the Disciplinary Committee.</p> <p>Part VI—Accounting by advocates.</p> <p>40.      Advocates to keep accounts in compliance with Rules.</p> <p>41.      Amendment of Rules.</p> <p>42.      Interpretation of Part VI.</p> <p>43.      Failure to comply with provisions of this Part.</p> <p>44.      Deposit of costs before instituting inspection of accounts.</p> <p>45.      Penalty for offences against this Part.</p> <p>46.      Saving.</p> <p>47.      Banks not liable to inquire into dealings with client accounts.</p> <p>48.      Agreements with respect to remuneration for noncontentious business.</p> <p>49.      Remuneration of advocate who is a mortgagee.</p> <p>50.      Power to make agreements as to remuneration for contentious business.</p> <p>51.      Special requirements of agreements under sections 48 and 50.</p> <p>52.      In certain circumstances taxing officer may reduce amount paid</p> </div> <p> </p> <div> <p>under an agreement.</p> <p>53.      Death, incapability or change of advocate, etc.</p> <p>54.      Agreement excludes taxation.</p> <p>55.      Miscellaneous provisions as to remuneration for contentious business.</p> <p>56.      Power of court to order advocate to deliver his or her bill, deeds, etc.</p> <p>57.      Action to recover advocate’s costs.</p> <p>58.      Taxation of bills on the application of the party chargeable or the advocate.</p> <p>59.      Taxation on application of third parties and beneficiaries under trusts, etc.</p> <p>60.      General provisions as to taxation.</p> <p>61.      Charging orders.</p> <p>62.      Appeals and references.</p> <p>63.      Saving.</p> <p>Part VII—Offences.</p> <p>64.      Unqualified person not to practise.</p> <p>65.      Unqualified person not to hold himself or herself out as qualified.</p> <p>66.      Penalty for unqualified persons preparing certain instruments.</p> <p>67.      Instruments to be endorsed with name and address of drawer.</p> <p>68.      Penalty on unqualified person acting in preparation of papers for probate, etc.</p> <p>69.      No costs recoverable for acts constituting an offence.</p> <p>70.      Offences by bodies corporate.</p> <p>71.      Advocates not to act as agents for unqualified persons.</p> <p>72.      Advocates not to employ a person removed from the roll or suspended.</p> <p>73.      Penalty on failure to disclose fact of having been removed from roll.</p> <p>74.      Disciplinary offences by advocates.</p> <p>75.      Acting as tout prohibited.</p> <p>76.      Penalty for inducing clients to abandon their advocates.</p> <p>Part VIII—Miscellaneous provisions.</p> <p>77.      Power to make regulations.</p> <p>78.      Jurisdiction to try offences.</p> <p>79.      General penalty.</p> </div> <p> </p> <div> <p>80.      Taxing officer.</p> <p>81.      Agreements exempting advocates from negligence to be void.</p> <p>82.      Savings of other laws.</p> <p>83.      Transitional and saving provisions.</p> <p><strong>Schedules</strong></p> <p><em>First Schedule</em>              The Advocates Accounts Rules.</p> <p><em>Second Schedule        </em>The Advocates Trusts Accounts Rules.<br /> <em>Third Schedule</em>             Transitional and saving provisions.</p> </div> <p> </p> <div> <p><strong>CHAPTER 267 </strong></p> <p><strong>THE ADVOCATES ACT.</strong></p> <p><em>Commencement</em>: 21 August, 1970.</p> <p><strong>An Act to amend and consolidate the law relating to advocates and to </strong><strong>make general provisions for purposes connected with the legal</strong></p> <p><strong>profession.</strong></p> <p>Part I—Interpretation.</p> <p><strong>1.     Interpretation.</strong></p> <p>In this Act, except where the context otherwise requires—</p> <p>(a)       “advocate” means any person whose name is duly entered upon the roll and, for the purposes of section 19(2) and of Part VI of this Act, includes any person mentioned in section 6;</p> <p>(b)       “client” includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, express or implied, to retain or employ, and retains or employs, or is about to retain or employ, an advocate and any person who is or may be liable to pay to an advocate any costs;</p> <p>(c)       “contentious business” means any business done by an advocate in any court, civil or military, or relating to proceedings instituted or intended to be instituted in any such court, or any statutory tribunal or before any arbitrator or panel of arbitrators;</p> <p>(d)       “costs” includes fees, charges, disbursements, expenses and remuneration;</p> <p>(e)       “Disciplinary Committee” means the committee established under section 18;</p> <p>(f)        “disciplinary proceedings” means any proceedings before the Disciplinary Committee or the High Court on appeal in which consideration is being given to the question whether an advocate should be punished for professional misconduct;</p> <p>(g)     “Law Council” means the council established under section 2;<br /> (h)    “legal assistant” means a person who belongs to a class defined</p> <p>by the Law Council in regulations made for that purpose; (i)     “noncontentious business” means any business done by an advocate other than contentious business;</p> </div> <p> </p> <div> <p>(j)     “practising certificate” means a certificate issued under section</p> <p>11; (k)    “professional misconduct” includes disgraceful or dishonourable</p> <p>conduct not befitting an advocate; (l)     “registrar” means the chief registrar of the High Court; (m)   “roll” means the roll of advocates kept under section 7; (n)    “suit” has the same meaning as in the Civil Procedure Act; (o)    “unqualified person” means a person not qualified under section</p> <p>8.</p> <p>Part II—The Law Council.</p> </div> <p> </p> <div> <p><strong>2.</strong></p> <p> </p> <p><strong>Establishment of the Law Council.</strong></p> </div> <p> </p> <div> <p>(1)     There is established a Law Council which shall consist of—</p> <p>(a)       a judge, appointed by the Attorney General after consultation with the Chief Justice, who shall be chairperson of the council;</p> <p>(b)       the president of the Uganda Law Society, ex officio;</p> <p>(c)       the director of the Law Development Centre, ex officio;</p> <p>(d)       the head of the department of law of Makerere University, ex officio;</p> <p>(e)       two practising advocates elected by the Uganda Law Society; and</p> <p>(f)        one officer with legal qualifications in the service of the Government, appointed by the Attorney General.</p> <p>(2)     The chairperson and the members of the Law Council, other than<br /> the ex officio members, shall hold office for a period of three years and shall<br /> be eligible for reappointment.</p> <p>(3)    If the chairperson or any of the members of the Law Council, other than the ex officio members—</p> <p>(a)       dies;</p> <p>(b)       resigns;</p> <p>(c)       is absent from Uganda for a continuous period exceeding six months; or</p> <p>(d)       is, in the opinion of the Attorney General, unable by reason of any infirmity of body or mind to perform his or her duties,</p> <p>the vacancy shall be filled by the Attorney General or the Uganda Law Society, as the circumstances require.</p> </div> <p> </p> <div> <p><strong>3.     Functions of the Law Council.</strong></p> <p>The functions of the Law Council shall be—</p> <p>(a)       to exercise general supervision and control over professional legal education in Uganda;</p> <p>(b)       without prejudice to the generality of paragraph (a), to approve courses of study and to provide for the conduct of qualifying examinations for any of the purposes of this Act;</p> <p>(c)       to advise and make recommendations to the Government on matters relating to the profession of advocates;</p> <p>(d)       to exercise, through the medium of the Disciplinary Committee, disciplinary control over advocates and their clerks;</p> <p>(e)       to exercise general supervision and control over the provision of legal aid and advice to indigent persons; and</p> <p>(f)        to exercise any power or perform any duty authorised or required by this or any other written law.</p> <p><strong>4.     Proceedings and quorum of the Law Council.</strong></p> <p>(1)       The meetings of the Law Council shall be held at such times and places as the chairperson of the council may determine.</p> <p>(2)       The chairperson of the Law Council shall preside at all meetings at which he or she is present; in the absence of the chairperson from any meeting, the council may appoint any of its members to be chairperson of that meeting.</p> <p>(3)       The quorum of the Law Council shall be four, but subject to that quorum the council may act notwithstanding any vacancy in their number.</p> <p>(4)       Any question before the Law Council shall be decided by a majority of votes of the members present and voting; and the chairperson of the meeting shall, in addition to his or her deliberative vote, have a casting vote in cases where the votes are equally divided.</p> <p>(5)       Subject to this section, the Law Council shall have power to regulate its own proceedings and for such purpose may make standing orders governing the calling of meetings and the procedure at its meetings.</p> </div> <p> </p> <div> <p><strong>5.</strong><strong>      Secretary of the Law Council and expenses.</strong></p> <p>(1)       There shall be a secretary to the Law Council, whose office shall be a public office.</p> <p>(2)       Any expenses incurred by the Law Council in the performance of its functions or duties under this Act shall be defrayed out of monies provided by Parliament.</p> <p>Part III—Exempted persons.</p> <p><strong>6.</strong><strong>      Certain persons exempted from provisions of the Act.</strong></p> <p>(1)       Every person to whom this section applies shall, if duly qualified as a legal practitioner (by whatever name called) in any country at the time of his or her appointment to this office, be entitled in connection with the duties of his or her office to act as an advocate but shall not, unless the contrary is expressly provided by regulations made by the Law Council, be subject to this Act.</p> <p>(2)       This section applies to—</p> <p> </p> <p>(a)       any person holding an office in the service of the Government, a district administration, or any city, municipal or town council; and</p> <p>(b)       any other person or class of persons holding an office specified by the Attorney General by statutory instrument.</p> <p>Part IV—Enrollment and certification of advocates.</p> <p><strong>7.</strong><strong>      Roll of advocates.</strong></p> <p>The registrar shall keep, in accordance with this Act, a roll of advocates.</p> <p><strong>8.</strong><strong>      Admission and enrollment of advocates.</strong></p> <p>(1) A person to whom this section applies, and who has complied with such requirements (whether relating to instruction, examination or otherwise) as to the acquisition of professional skill and experience as may be specified in regulations made for that purpose by the Law Council, shall be eligible to have his or her name entered on the roll.</p> </div> <p> </p> <div> <p>(2)       Any person eligible to have his or her name entered on the roll may make application to the Law Council; and the council, if satisfied that the applicant is so eligible and is a fit and proper person to be an advocate, shall issue to him or her a certificate to that effect.</p> <p>(3)       Any person who has obtained a certificate under subsection (2) may apply to the Chief Justice to have his or her name entered on the roll; and the Chief Justice shall, unless cause to the contrary is shown to his or her satisfaction, direct the registrar on receipt of a fee of forty shillings to enter the applicant’s name on the roll.</p> <p>(4)       Every application under this section shall be made and advertised in such manner as may be prescribed by regulations made by the Law Council.</p> <p>(5)       This section applies to a person who is a Uganda citizen or who normally resides in Uganda, and who—</p> <p>(a)     is the holder—<br /> (i)     of a degree in law granted by a university in Uganda; or<br /> (ii)   a degree in law or other legal qualifications granted by or</p> <p>obtained from such other university or institution outside Uganda as may be recognised by the Law Council by regulations made for the purposes of this section; or</p> <p>(b)     prior to his or her application, has been in practice as a legal<br /> practitioner (by whatever name called) for an aggregate period of<br /> not less than five years in any country designated by the Law<br /> Council by regulations for the purposes of this section.</p> <p>(6)       The fee mentioned in subsection (3) may, from time to time, be altered by the Attorney General by statutory instrument.</p> <p>(7)       Notwithstanding subsection (1), the Law Council may make regulations under which a person to whom this section applies (other than the holder of a degree in law granted by a university in Uganda) may be required to undergo courses of study in such subjects relevant to the law in force in Uganda as may be specified and to satisfy examiners in those subjects; and any of those requirements shall be in addition to those mentioned in that subsection.</p> </div> <p> </p> <div> <p><strong>9.</strong><strong>      Precedence.</strong></p> <p>(1)       The Attorney General, the Solicitor General, the Director of Public Prosecutions and the chairperson of the Uganda Law Society, shall, in that order, take precedence over all other advocates, including advocates granted a special rank.</p> <p>(2)       Advocates who are granted a special rank in accordance with regulations made under section 77(1)(f) shall take precedence over all other advocates, and, inter se, according to the date on which they are granted the special rank.</p> <p>(3)       All other advocates shall take precedence thereafter, inter se, according to the date on which their names are entered upon the roll.</p> <p><strong>10.</strong><strong>    Removal of name from roll on application of advocate.</strong></p> <p>(1)       Any advocate against whom no disciplinary or criminal proceedings are pending or taking place may apply to the registrar for his or her name to be removed from the roll, and the registrar shall thereupon remove the advocate’s name from the roll.</p> <p>(2)       Notwithstanding subsection (1), the registrar, with the approval of the Chief Justice, may remove the name of an advocate from the roll on that advocate’s application although criminal proceedings are pending or taking place against that advocate, if he or she is satisfied that the proceedings are of such a nature that if the advocate is convicted, his or her conviction will not involve professional misconduct.</p> <p><strong>11.</strong><strong>    Issue of practising certificates and right to practise.</strong></p> <p>(1)       The registrar shall issue a practising certificate to every advocate whose name is on the roll and who applies for such a certificate on such form and on payment of such fee as the Law Council may, by regulations, prescribe; and different fees may be prescribed for different categories of advocates.</p> <p>(2)       A practising certificate shall be valid until the thirty-first day of December next after its issue, and it shall be renewable on application being made on such form and on payment of such fee as the Law Council may, by regulations, prescribe; and different fees may be prescribed for different</p> </div> <p> </p> <div> <p>categories of advocates.</p> <p>(3)       Subject to any regulations made under subsection (4), or under section 77(1)(f), every advocate who has in force a practising certificate may practise as such in the High Court or in any court subordinate to the High Court.</p> <p>(4)       The Law Council may by regulations prescribe that for a specified period of time after enrollment an advocate shall have a right of audience only before such courts as may be designated.</p> <p>(5)       Any advocate who contravenes or fails to comply with any of the provisions of regulations made under subsection (4) commits an offence.</p> <p><strong>12.   Refusal of practising certificate.</strong></p> <p>(1) Notwithstanding section 11, the registrar shall refuse to issue or renew a practising certificate of any advocate who, on the date of his or her application for the certificate—</p> <p>(a)       is an undischarged bankrupt or in respect of whom a receiving order in bankruptcy is in force;</p> <p>(b)       is a person adjudged to be of unsound mind under the Mental Treatment Act;</p> <p>(c)       has not paid any fine or costs awarded against him or her under this Act;</p> <p>(d)       has not satisfied any regulations made by the Law Council with regard to the annual submission of his or her accounts;</p> <p>(e)       has not paid his or her subscription as a member of the Uganda Law Society for the current year;</p> <p>(f)        is serving the Government under a contract, and the period of the contract has not yet expired;</p> <p>(g)       is being proceeded against for professional misconduct or for an offence under this Act; but— (i)     the chief registrar shall only refuse to issue or renew a</p> <p>practising certificate, or in the case where a practising certificate has been issued or renewed (and not withstanding section 20) the certificate may be suspended by the Disciplinary Committee, if the Disciplinary Committee is of the view that there is a prima facie case against the advocate and the alleged misconduct or offence is one involving gross moral turpitude;</p> </div> <p> </p> <div> <p>(ii) the refusal under this section and the aforesaid suspension shall stand until the matter is disposed of by the Disciplinary Committee;</p> <p>(h) has been convicted of a criminal offence involving moral turpitude and sentenced to imprisonment for a term of one year or more, without the option of a fine;</p> <p>(i) is employed by a public body as defined in the Prevention of Corruption Act, unless the advocate is permitted by his or her employer and the Law Council; except that the advocate shall not be refused a practising certificate solely on the basis that the certificate is for doing legal work for the public body; and</p> <p>(j) has no chambers which have been duly approved by the Law Council.</p> <p>(2)       Notwithstanding anything contained in subsection (1), in the case of an advocate falling under paragraph (h), the chief registrar may, if the advocate has been granted free pardon, issue or renew his or her practising certificate.</p> <p>(3)       In this section, the term “moral turpitude” includes fraud and dishonesty.</p> <p>(4)       Any advocate aggrieved by a refusal by the registrar to issue or renew a practising certificate under subsection (l) may appeal against the refusal to the Chief Justice in such manner as the Chief Justice may direct, and the Chief Justice shall make such order on the appeal as he or she thinks just.</p> <p><strong>13.   Temporary admission to right to practise.</strong></p> <p>(1) Notwithstanding the other provisions of this Part, the Chief Justice may, subject to the person obtaining a special practising certificate, admit to practise as an advocate for the purpose of any one case or matter any legal practitioner (by whatever name called) of any country designated by regulations made under section 8(5)(b) who has come or intends to come to Uganda for the purpose of appearing or acting in that case or matter; but any such person shall only be entitled to appear or act—</p> <p>(a)       in the case or matter for the purpose of which he or she is admitted; and</p> <p>(b)       if he or she is instructed by, and if when appearing in any court in the conduct of the case or matter he or she appears together</p> </div> <p> </p> <div> <p>with, an advocate with a valid practising certificate or a person mentioned in section 6.</p> <p>(2)       On payment of the prescribed fee for such a special practising certificate, the registrar shall issue a special practising certificate to any person admitted to practise under subsection (l).</p> <p>(3)       Any person who is admitted to practise as an advocate under this section shall be subject to the provisions of this Act as if he or she were an advocate for so long as he or she is concerned in the matter or case in respect of which he or she was admitted to practise.</p> <p><strong>14.   Cancellation or suspension of practising certificate.</strong></p> <p>(1)       Whenever an advocate’s name is removed or struck off from the roll for any cause, his or her practising certificate shall immediately be deemed to be cancelled, and he or she shall return it to the registrar.</p> <p>(2)       Whenever an advocate’s right to practise as such is suspended, his or her practising certificate shall likewise be suspended; and he or she shall return it to the registrar who shall retain it for so long as the advocate’s suspension is in force.</p> <p>(3)       Whenever an advocate is adjudicated bankrupt, the official receiver shall notify the registrar, and that adjudication shall operate immediately to suspend the advocate’s practising certificate, and the advocate shall return the certificate to the registrar.</p> <p>(4)       The suspension of an advocates practising certificate under subsection (3) shall continue until the adjudication in bankruptcy is annulled; except that the Chief Justice may, on the petition of the advocate and after hearing the Law Council, in his or her absolute discretion by order terminate the suspension either unconditionally or subject to such terms and conditions as he or she may think fit; whereupon, subject to the order, the suspension shall cease, and the advocate shall be entitled to the return of his or her practising certificate.</p> <p>(5)       The Chief Justice may make rules as to the manner in which petitions made under subsection (4) shall be heard and may by rules limit the frequency with which the petitions may be made.</p> </div> <p> </p> <div> <p>(6) Any advocate who fails without sufficient cause to return a practising certificate to the registrar in contravention of subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine not exceeding two hundred shillings for every day during which the failure continues.</p> <p><strong>15.</strong><strong>    Offences and penalties.</strong></p> <p>(1)       Any advocate not in possession of a valid practising certificate or whose practising certificate has been suspended or cancelled who practices as an advocate commits an offence; but no prosecution shall be commenced under this subsection before the first day of March next following the expiry of the validity of an advocate’s practising certificate if the reason the advocate is not in possession of a valid certificate is only because he or she has neglected to renew the certificate which expired on the thirty-first day of December previous to that first day of March.</p> <p>(2)       Any person who, for the purpose of securing the entry or removal of his or her name upon or from the roll, or of securing the issue of a practising certificate, knowingly makes any statement whether written or oral which is false in any material particular, or makes any such statement which he or she does not know to be true commits an offence and is liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment for a period not exceeding twelve months or to both such fine and imprisonment.</p> <p>Part V—Discipline of advocates and clerks.</p> <p><strong>16.</strong><strong>    Advocates to be officers of the court.</strong></p> <p>Every advocate and every person otherwise entitled to act as an advocate shall be an officer of the High Court and shall be subject to the jurisdiction of the High Court and, subject to this Act, to the jurisdiction of the Disciplinary Committee.</p> <p><strong>17.</strong><strong>    Saving of disciplinary powers of courts.</strong></p> <p>Nothing in this Act shall supersede, lessen or interfere with the jurisdiction of any court, inherent or otherwise, to deal with misconduct or offences by an advocate, or any person entitled to act as such, committed during, or in the course of, or relating to, proceedings before the court.</p> </div> <p> </p> <div> <p><strong>18.   Establishment of the Disciplinary Committee.</strong></p> </div> <p> </p> <div> <table cellpadding="0" cellspacing="0" style="height:72px; width:48px"> <tbody> <tr> <td> <p>(1) called the (a)</p> <p>(b)</p> </td> </tr> </tbody> </table> <div> </div> <p>There is established for the purposes of this Act a committee Disciplinary Committee which shall consist of — the member of the Law Council referred to in section 2(1)(f), ex officio;</p> <p>four other members of the Law Council, other than the chairperson, appointed by the Law Council as follows— (i)     one member to be appointed from among the members of</p> <p>the Law Council referred to in section 2(1)(e); and (ii)   the other three members to be appointed from among the</p> <p>other members of the Law Council.</p> <p>(2)       The members of the Disciplinary Committee shall hold office for so long as they are members of the Law Council and shall be eligible for reappointment.</p> <p>(3)       The chairperson of the Disciplinary Committee shall be appointed by the Law Council from the members of the committee and shall preside at all meetings at which he or she is present.</p> <p>(4)       During the absence or inability to act of the chairperson or any member of the Disciplinary Committee, the Law Council may nominate any member of the council to act as the temporary chairperson of the committee or as a temporary member of the committee, as the circumstances require, during the period of such absence or inability to act.</p> <p>(5)       The quorum of the Disciplinary Committee shall be three, and any question before the committee shall be decided by a majority of votes.</p> <p>(6)       In the event of there being any complaint or matter pending before the Disciplinary Committee at the date of retirement of any member of the committee, where the committee had, prior to that date, entered upon the hearing of the complaint or matter in accordance with section 20, the member shall, if he or she is not reappointed, be deemed to remain in office for the purpose only of that complaint or matter and shall so remain until the complaint or matter has been finally disposed of.</p> <p>(7)       The secretary to the Law Council shall be the secretary to the Disciplinary Committee; but the committee may, in the case of the absence or inability to act of the secretary to the Law Council, appoint any fit and</p> </div> <p> </p> <div> <p>proper person to act as secretary to the Disciplinary Committee during the period of that absence or inability to act.</p> <p><strong>19.   Proceedings of the Disciplinary Committee.</strong></p> <p>(1)       For the purposes of any application or complaint made to it under any of the provisions of this Act, the Disciplinary Committee may administer oaths or affirmations, and the complainant and the advocate to whom a complaint relates, and an applicant making any application to the committee, may take out a summons to give evidence or to produce documents, but no person shall be compellable under any such summons to produce any document which he or she could not legally be compelled to produce at the trial of a suit.</p> <p>(2)       Any person appearing as a party before the Disciplinary Committee may be represented by an advocate; and the committee may, at any stage of proceedings under this Part of this Act, appoint an advocate to represent a party who is not represented or otherwise to assist the committee.</p> <p>(3)       For the purposes of enabling the Disciplinary Committee to carry out the duties imposed upon it by this Act, the committee shall have power to interview and correspond with such persons, including the advocate to whom the complaint relates, as it thinks fit.</p> <p>(4)       The Disciplinary Committee may make regulations governing its procedure and the making to the committee of applications or complaints under this Act.</p> <p>(5)       If any person upon whom a summons issued under subsection (1) has been served refuses or omits without sufficient cause to attend at the time and place mentioned in the summons, or refuses without sufficient cause to answer fully and satisfactorily to the best of his or her knowledge and belief all questions put to him or her by or with the concurrence of the Disciplinary Committee, or refuses or omits without sufficient cause to produce any documents in his or her possession or under his or her control which are mentioned in the summons, he or she commits an offence and is liable on conviction to a fine not exceeding one thousand shillings.</p> <p>(6)       All proceedings before the Disciplinary Committee shall be deemed for the purposes of Chapter X of the Penal Code Act to be judicial proceedings.</p> </div> <p> </p> <div> <p>(7) The Evidence Act shall not apply to proceedings before the committee; except that a witness shall be entitled to all rights and privileges to which a witness is entitled under that Act.</p> <p><strong>20.   Complaints against advocates.</strong></p> <p>(1)       Without prejudice to the other provisions of this Act, a complaint against an advocate of professional misconduct may be made to the Disciplinary Committee by the Law Council or by any person.</p> <p>(2)       Upon receipt of a complaint, the secretary to the Disciplinary Committee shall, as soon as is practicable, refer the complaint to the committee; and unless the committee dismisses the complaint under subsection (3), it shall fix a date for the hearing of the complaint.</p> <p>(3)       The Disciplinary Committee shall give the advocate against whom the complaint is made an opportunity to appear before it, and shall furnish him or her with a copy of the complaint, and of any affidavit made in support of the complaint, and shall give him or her an opportunity of inspecting any other relevant document not less than seven days before the date fixed for the hearing; but where in the opinion of the committee the complaint does not disclose any prima facie case of professional misconduct, the committee may, at any stage of the proceedings, dismiss the complaint without requiring the advocate to whom the complaint relates to answer any allegations made against him or her and without hearing the complainant.</p> <p>(4)       After hearing the complainant and the advocate to whom the complaint relates, if he or she wishes to be heard, and considering the evidence adduced, the Disciplinary Committee may order that the complaint be dismissed or, if of the opinion that a case of professional misconduct on the part of the advocate has been made out, the committee may order—</p> <p> </p> <p>(a)       that the advocate be admonished;</p> <p>(b)       that the advocate be suspended from practice for a specified period not exceeding two years;</p> <p>(c)       that the name of the advocate be struck off the roll;</p> <p>(d)       that the advocate pay a fine not exceeding ten thousand shillings; or</p> <p>(e)       that the advocate pay compensation not exceeding twenty thousand shillings to any person who has suffered loss as a result of his or her misconduct,</p> </div> <p> </p> <div> <p>or such combination of the above orders as the committee thinks fit.</p> <p>(5)       The Disciplinary Committee may make any such order as to payment by any party of any costs or witness expenses and of the expenses of the committee in connection with the hearing of any complaint as it may think fit.</p> <p>(6)       The Disciplinary Committee may issue a warrant for the levy of the amount of any sum ordered to be paid by virtue of this section on the immovable and movable property of the advocate by distress and sale under warrant, and the warrant shall be enforced as if it were a warrant issued by the High Court.</p> <p>(7)       The Disciplinary Committee may order any advocate against whom a case of professional misconduct has been made out to restore any property in his or her possession or under his or her control to the person appearing to the committee to be entitled to the property.</p> <p>(8)       Any order made by the Disciplinary Committee under the provisions of this section relating to the payment of compensation, costs or expenses, or to the restoration of property, shall be drawn up by the committee and shall thereupon be executable as if it were a decree of the High Court.</p> <p>(9)       At the time of awarding any damages in any subsequent civil proceedings relating to the same matter, the court determining the civil suit shall take into account any sum recovered in pursuance of an order made under subsection (4)(e).</p> <p><strong>21.   Report and action on a complaint.</strong></p> <p>(1)       On the termination of the hearing of a complaint, if the Disciplinary Committee does not dismiss the complaint, the committee shall embody its findings and the order or orders made by it in the form of a report to the High Court, which shall be delivered to the registrar, together with the record of evidence taken and any documents put in evidence.</p> <p>(2)       The registrar shall give to the complainant and to the advocate to whom the complaint relates notice of delivery of the report, which shall be open to inspection by the complainant, the said advocate and their respective advocates, if any, but shall not be open to public inspection.</p> </div> <p> </p> <div> <p><strong>22.</strong><strong>    Appeal against order of the Disciplinary Committee.</strong></p> <p>(1)       Any advocate aggrieved by any order of the Disciplinary Committee made under section 20 may, within fourteen days after the receipt by him or her of the notice to be given to him or her under section 21, appeal against the order to the High Court by giving notice of appeal to the registrar, and shall file with the registrar a memorandum setting out his or her grounds of appeal within thirty days after the giving by him or her of the notice of appeal.</p> <p>(2)       The High Court shall set down for hearing any appeal filed under subsection (1) and shall give to the Law Council and to the advocate not less than fourteen days’ notice of the date of hearing.</p> <p>(3)       Pending an appeal under subsection (1), if the Disciplinary Committee has ordered the appellant advocate’s name to be struck off from the roll or has suspended his or her right to practise, the advocate shall not be entitled to practise except in the case where his or her right to practise has been suspended and the period of suspension lapses before the hearing of the appeal, in which event he or she shall be entitled to practise after the period of suspension has expired.</p> <p><strong>23.</strong><strong>    Registrar to furnish copy of report and record.</strong></p> <p>When notifying the Law Council and the advocate to whom a complaint relates of the date fixed for the hearing of the appeal, the registrar shall also forward to the Law Council and the advocate a copy of the report, the record of the evidence, a list of any documents put in evidence and the memorandum of appeal.</p> <p><strong>24.</strong><strong>    Representation before the High Court.</strong></p> <p>The advocate to whom a complaint relates may be represented by an advocate before the High Court; and the Law Council shall have the right to appear, by advocate, for the purpose of presenting to the High Court the findings of the Disciplinary Committee as contained in the report of the committee.</p> </div> <p> </p> <div> <p><strong>25.</strong><strong>    Powers of the High Court.</strong></p> <p>The High Court, after considering the evidence taken by the Disciplinary Committee, the report of the committee and the memorandum of appeal, and having heard the Law Council’s representative, if any, and the advocate to whom the complaint relates, or his or her advocate, and after taking any further evidence, if it thinks fit to do so, may—</p> <p>(a)       refer the report back to the committee with directions for its finding on any specified point; or</p> <p>(b)       confirm, set aside or vary any order made by the committee or substitute for that order such order as it may think fit.</p> <p><strong>26.</strong><strong>    Powers of High Court to be exercised by three judges.</strong></p> <p>(1)       The powers conferred upon the High Court by section 25 shall be exercised by three judges of the High Court.</p> <p>(2)       The decision of the majority of the judges on any appeal filed under section 22 shall be taken to be the decision of the High Court.</p> <p>(3)       Every decision or order of the High Court made under section 25 shall be final and conclusive and shall not be subject to appeal to any other court.</p> <p><strong>27.</strong><strong>    Registrar to draw up orders.</strong></p> <p>Where an order has been made by the High Court under section 25, the registrar shall, within one week from the date of the making of the order, cause the order to be drawn up.</p> <p><strong>28.</strong><strong>    Orders to be noted on the roll.</strong></p> <p>(1)       The registrar shall cause a note of the effect of a final order to be entered in the roll against the name of the advocate concerned, and where the order so directs shall strike off his or her name from the roll.</p> <p>(2)       The registrar shall send to the secretary of the Uganda Law Society and to the registrar of the High Court of each East African country a certified copy of every final order made under this Act striking off the name of an advocate from the roll or suspending an advocate from practice.</p> </div> <p> </p> <div> <p>(3)       Where an advocate is a member of an Inn of Court, Law Society or other professional body outside Uganda, or is subject to the jurisdiction for the purposes of discipline of a professional body outside Uganda, the registrar shall also send to that professional body a certified copy of every final order made suspending or striking off the name of the advocate from the roll.</p> <p>(4)       In this section—</p> <p> </p> <p>(a)       “East African country” has the meaning assigned to it by section 29;</p> <p>(b)       “final order” means— (i)     an order made by the Disciplinary Committee under section</p> <p>20, if no appeal has been preferred against such order; or (ii)   an order made on appeal under section 25.</p> <p><strong>29.   Reciprocal enforcement of suspensions, etc.</strong></p> <p>(1)       If any advocate who is also an advocate or legal practitioner (by whatsoever name or style designated) of, or is entitled to practise as such in, any East African country, is suspended from practice or struck off the roll or list of advocates or legal practitioners, otherwise than at his or her own request, in that country by order of a competent court or other competent authority in that country, he or she shall be deemed to have been suspended from practice as an advocate in Uganda for the period for which his or her suspension from practice in that country remains effective or to have been struck off the roll, as the case may be; and the registrar shall cause a note of the suspension (specifying the period of the suspension) to be entered against the name of the advocate on the roll or shall strike off the roll the name of the advocate, as the case may require; but if in any such case the name of the advocate is restored to the aforesaid roll or list of advocates or legal practitioners in that country, or if he or she otherwise becomes entitled again to practise as provided in this subsection in that country, his or her name shall, on request, be replaced on the roll by the registrar.</p> <p>(2)       In this section, “East African country” means any East African country in respect of which the Attorney General declares, by statutory order, that he or she is satisfied that reciprocal effect will be given under the law of that country to orders made by the Disciplinary Committee under this Act for the suspension of advocates from practice or for striking the names of advocates off the roll.</p> </div> <p> </p> <div> <p><strong>30.</strong><strong>    Uganda Law Society to be informed.</strong></p> <p>(1)       The registrar shall inform the secretary of the Uganda Law Society of the making of any entry in respect of any advocate on the roll and of the removal from or the striking off the roll of the name of any advocate in accordance with this Act.</p> <p>(2)       The registrar shall cause to be published in the Gazette a notice that a final order has been made in respect of any advocate by which he or she has been suspended from practice or by which his or her name has been struck off the roll.</p> <p>(3)       In this section, “final order” has the same meaning as in section 28.</p> <p><strong>31.</strong><strong>    Limitation of time for certain applications.</strong></p> <p>Subject as hereafter provided, no advocate shall be liable to have his or her name struck off the roll on account of any defect in his or her admission and enrollment, unless the application to strike his or her name off the roll is made within twelve months after the date of his or her enrollment; except that this section shall not apply to any case where fraud is proved to have been committed in connection with the admission or enrollment.</p> <p><strong>32.</strong><strong>    Restoration to the roll.</strong></p> <p>(1)       The Disciplinary Committee may, in its discretion, order the registrar to replace on the roll the name of any advocate whose name has been struck off the roll for professional misconduct and may revoke any order made suspending an advocate’s right to practise; except that unless new material facts have come to the knowledge of the Disciplinary Committee since the order for striking off or suspension was made, no order shall be made under this section within two years of the order of striking off or suspension.</p> <p>(2)       Any advocate whose name has been struck off the roll or whose right to practise has been suspended may petition the Disciplinary Committee to make an order under subsection (1).</p> <p>(3)       The Law Council may make regulations as to the manner in which petitions made under subsection (2) shall be heard and any such</p> </div> <p> </p> <div> <p>regulations may—</p> <p>(a)       limit the frequency with which the petitions may be made; and</p> <p>(b)       make provisions for the giving of security for the costs of the petition.</p> <p> </p> <p>(4)       On hearing any petition made under this section, the Disciplinary Committee may make such order as to costs as it may think fit.</p> <p>(5)       Any advocate whose petition under this section is refused may appeal against the refusal to the High Court, and the provisions of sections 22, 24, 25, 26, 27 and 28 shall then apply, <em>mutatis mutandis</em>, to appeals under this subsection with any necessary modifications.</p> <p><strong>33.   Disciplinary powers as to clerks.</strong></p> <p>(1)     An application may be made by the Law Council or by any<br /> person to the Disciplinary Committee for an order directing that, as from a<br /> date to be specified in the order, no advocate shall, in connection with his or<br /> her practice as an advocate, without the written permission of the<br /> Disciplinary Committee which may be given for such period and subject to<br /> such conditions as the committee may think fit, take into or retain in his or<br /> her employment or remunerate any person who, being or having been a clerk<br /> to an advocate—</p> <p>(a)       has been convicted of any offence mentioned in Chapters X or XXV to XXXI (inclusive) of the Penal Code Act;</p> <p>(b)       has been convicted of any other offence involving fraud or deceit;</p> <p>(c)       has been a party to any act or default of an advocate in respect of which a complaint has been or might be made against that advocate to the Disciplinary Committee;</p> <p>(d)       has so conducted himself or herself while employed as a clerk to an advocate that had he himself or she herself been an advocate, the conduct might have formed the subject of a complaint against him or her to the Disciplinary Committee; or</p> <p>(e)       has acted in the manner referred to in section 75 or 76.</p> <p>(2)     The provisions of sections 19 and 20(3), (4) and (5) shall, with<br /> necessary modifications, apply <em>mutatis mutandis </em>to the hearing of an<br /> application under this section.</p> <p>(3)    Every order made by the Disciplinary Committee under this section shall be filed, on a file to be kept for that purpose, by the secretary to</p> </div> <p> </p> <div> <p>the Disciplinary Committee, who shall cause a certified copy of the order to be delivered to the person to whom it relates or shall forward it by registered post to his or her last known address.</p> <p>(4) The file mentioned in subsection (3) may be inspected by any advocate during office hours without payment, but it shall not be inspected by any other person.</p> <p><strong>34.</strong><strong>    Clerk’s right of appeal.</strong></p> <p>(1)       Any person against whom an order has been made by the Disciplinary Committee under section 33 may, within fourteen days of the date of the order, appeal against the order to the High Court, by giving notice of appeal to the registrar, and shall file with the registrar a memorandum setting out his or her grounds of appeal within thirty days after the giving by him or her of the notice of appeal.</p> <p>(2)       The High Court shall set down for hearing any appeal filed under subsection (1) and shall give to the Law Council and to the appellant not less than twenty-one days’ notice of the date of hearing.</p> <p>(3)       The provisions of sections 24, 25, 26 and 27 shall, with necessary modifications, apply <em>mutatis mutandis </em>to the hearing of appeals under this section, except that such appeals shall be heard and determined by a single judge of the High Court.</p> <p><strong>35.</strong><strong>    Offences and penalties with respect to employment of clerks<br /> against whom an order is in force.</strong></p> <p>(1)       Any person against whom an order made under section 33 is in force who seeks or accepts employment by, or remuneration from, an advocate in connection with his or her practice as an advocate commits an offence.</p> <p>(2)       Any advocate who knowingly acts in contravention of an order made under section 33, or in contravention of any condition subject to which the permission of the Disciplinary Committee may have been given under subsection (1) of that section, commits an offence.</p> </div> <p> </p> <div> <p><strong>36.</strong><strong>    Order of the Disciplinary Committee to be received in evidence.</strong></p> <p>Every report and every order made by the Disciplinary Committee under this Act shall be signed by the chairperson of the committee, and any document purporting to be a report or an order so signed shall be received in evidence in any judicial proceedings or in any proceedings under this Act, and shall be deemed to be such a report or an order without further proof of its contents unless the contrary is shown.</p> <p><strong>37.</strong><strong>    Proceedings under this Part to be in addition to other remedies.</strong></p> <p>(1)       No proceedings, whether civil or criminal, and whether pending or terminated, shall be a bar to disciplinary proceedings under this Part of this Act based on the same or substantially the same facts as those to which the civil or criminal proceedings relate.</p> <p>(2)       No disciplinary proceedings under this Part of this Act, whether pending or terminated, shall be a bar to any civil or criminal proceedings or other remedy based on the same or substantially the same facts as those to which the proceedings under this Part of this Act relate.</p> <p><strong>38.</strong><strong>    Penalties for failure to comply with orders of the Disciplinary<br /> Committee.</strong></p> <p>Any person who, without lawful excuse, contravenes or fails to comply with any order, notice or direction of the Disciplinary Committee commits an offence and, in the case of an advocate, is, alternatively or in addition, liable to proceedings under section 20.</p> <p><strong>39.</strong><strong>    Immunity for members of the Disciplinary Committee.</strong></p> <p>No member of the Disciplinary Committee, nor any person who is or was at any material time a member, or the secretary of the committee, shall be liable to be sued in any civil court for or in respect of any act or thing done or omitted to be done, or ordered by him or her to be done or omitted, in good faith, in the exercise, discharge, or performance, or intended or purported exercise, discharge or performance, of any of the powers, jurisdiction, duties or functions conferred upon him or her under or by virtue of this Act.</p> </div> <p> </p> <div> <p>Part VI—Accounting by advocates.</p> <p><strong>40.</strong><strong>    Advocates to keep accounts in compliance with Rules.</strong></p> <p>Every advocate shall, in connection with his or her practice as an advocate, keep accounts in compliance with the rules entitled “the Advocates Accounts Rules” and “the Advocates Trust Accounts Rules” contained respectively in the First and Second Schedule to this Act, and shall deal with all monies to which the rules apply in accordance with those rules.</p> <p><strong>41.</strong><strong>    Amendment of Rules.</strong></p> <p>The Law Council, after consultation with the Uganda Law Society, may by statutory instrument amend the Advocates Accounts Rules and the Advocates Trust Accounts Rules.</p> <p><strong>42.</strong><strong>    Interpretation of Part VI.</strong></p> <p>In this Part of this Act, unless the context otherwise requires, expressions defined in the Advocates Accounts Rules and the Advocates Trust Accounts Rules shall have the meanings assigned to them in those rules.</p> <p><strong>43.</strong><strong>    Failure to comply with provisions of this Part.</strong></p> <p>(1)       If any advocate contravenes or fails to comply with any of the Advocates Accounts Rules or the Advocates Trust Accounts Rules, he or she shall be guilty of professional misconduct and of an offence against the provisions of this Part of this Act.</p> <p>(2)       On any proceedings against an advocate under Part V of this Act when the proceedings are in respect of an offence under subsection (1), the Disciplinary Committee may require the advocate to produce at some convenient time and place, his or her books of account, bank passbooks, statements of account, vouchers and any other necessary documents for the inspection of any person appointed by the committee for that purpose, and any such person shall, after the examination of such documents as aforesaid and taking of such other evidence as he or she may think fit, prepare for the information of the committee a report on the result of the inspection.</p> <p>(3)       Before making any such appointment, the committee shall consider any objection made by the advocate to the appointment of a</p> </div> <p> </p> <div> <p>particular person on personal or other proper grounds.</p> <p>(4)       Any report made under subsection (2) shall be admissible in evidence during the proceedings before the Disciplinary Committee and shall be so admissible even if made as a result of an appointment by the committee without the presence of the person making it, but the committee shall cause the attendance of such person for cross-examination if any party so desires.</p> <p>(5)       A person appointed under this section shall have all the powers of a civil court as to the taking of evidence and the summoning and compelling the attendance of witnesses and for this purpose shall be deemed to be a court.</p> <p><strong>44.</strong><strong>    Deposit of costs before instituting inspection of accounts.</strong></p> <p>Before instituting an inspection under section 43, the Disciplinary Committee may require the payment by any person initiating the proceedings against the advocate, other than the Law Council, of a reasonable sum to be fixed by it to cover the costs of inspection and the costs of the advocate against whom the application is made.</p> <p><strong>45.</strong><strong>    Penalty for offences against this Part.</strong></p> <p>Any advocate who is found guilty of an offence against any of the provisions of this Part of this Act in any disciplinary proceedings, in addition to any disciplinary punishment or costs that may be awarded against him or her, may be ordered by the Disciplinary Committee to pay a fine not exceeding twenty thousand shillings.</p> <p><strong>46.</strong><strong>    Saving.</strong></p> <p>Nothing in this Part of this Act or in the Advocates Accounts Rules or the Advocates Trust Accounts Rules shall deprive an advocate of any recourse or right, whether by way of lien, setoff, counterclaim, charge or otherwise against monies standing to the credit of a client account or a trust bank account.</p> <p><strong>47.</strong><strong>    Banks not liable to inquire into dealings with client accounts.</strong></p> <p>(1) Subject to this section, no bank shall, in connection with any transaction on any account of any advocate kept with it or with any other</p> </div> <p> </p> <div> <p>bank (other than an account kept by an advocate as trustee for a specified beneficiary), incur any liability or be under any obligation to make an inquiry or be deemed to have any knowledge of any right of any person to any money paid or credited to any such account which it would not incur or be kept under or be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to it; but nothing in this subsection shall relieve a bank from any liability or obligation to which it would be subject apart from this Act.</p> <p>(2) Notwithstanding subsection (1), a bank at which an advocate keeps an account for clients’ money or trust money shall not, in respect of any liability of the advocate to the bank, not being a liability in connection with that account, have or obtain any recourse or right, whether by way of setoff, counterclaim, charge or otherwise, against monies standing to the credit of that account.</p> <p><strong>48.   Agreements with respect to remuneration for noncontentious business.</strong></p> <p>(1)       Notwithstanding any rules as to remuneration for the time being in force, an advocate and his or her client may, either before or after or in the course of the transaction of any noncontentious business by the advocate, make an agreement as to the remuneration of the advocate in respect of that transaction.</p> <p>(2)       The agreement may provide for the remuneration of the advocate by a gross sum, or by commission or percentage, or by salary or otherwise, and it may be made on the terms that the amount of the remuneration stipulated in the agreement for either shall or shall not include all or any disbursements made by the advocate in respect of searches, plans, travelling, stamps, fees or other matters.</p> <p>(3)       The agreement may be sued and recovered on or set aside in the like manner and on the like grounds as an agreement not relating to the remuneration of an advocate; except that if on any taxation of costs the agreement is relied on by the advocate and objected to by the client as unfair or unreasonable, the taxing officer shall inquire into the facts and certify them to the court, and if on that certificate it appears just to the court that the agreement should be cancelled, or the amount payable under it reduced, the court may order the agreement to be cancelled, or the amount payable under it reduced, and may give such consequential directions as it thinks fit.</p> </div> <p> </p> <div> <p>(4)    This section shall be read subject to the provisions of section 74.</p> <p><strong>49.</strong><strong>    Remuneration of advocate who is a mortgagee.</strong></p> <p>(1)       If a mortgage is made to an advocate, either alone or jointly with any other person, he or she or the firm of which he or she is a member, shall be entitled to recover from the mortgagor in respect of all business transacted and acts done by him or her or them in negotiating the loan, deducing and investigating the title to the property, and preparing and completing the mortgage, such usual costs as he or she or they would have been entitled to receive if the mortgage had been made to a person who was not an advocate and that person had retained and employed him or her or them to transact that business and do those acts.</p> <p>(2)       If, whether before or after the commencement of this Act, a mortgage has been made to or has become vested by transfer or transmission in an advocate, either alone or jointly with any other person, and if after the commencement of this Act any business is transacted or acts are done by that advocate, or by the firm of which he or she is a member, in relation to that mortgage, or the security created by the mortgage or the property comprised under it, then he or she or they shall be entitled to recover from the person on whose behalf the business was transacted or the acts were done, and to charge against the security such usual costs as he or she or they would have been entitled to receive if the mortgage had been made to and had remained vested in a person who was not an advocate and that person had retained and employed him or her or them to transact that business and do those acts.</p> <p>(3)       In this section, the expression “mortgage” includes any charge on any property for securing money or money’s worth.</p> <p><strong>50.</strong><strong>    Power to make agreements as to remuneration for contentious<br /> business.</strong></p> <p>(1)       Notwithstanding any rules for the time being in force, an advocate may make an agreement with his or her client as to his or her remuneration in respect of any contentious business done or to be done by him or her providing that he or she shall be remunerated either by a gross sum or by salary.</p> <p>(2)       An agreement made under subsection (1)—</p> </div> <p> </p> <div> <p>(a)       shall not affect the amount of, or any rights or remedies for the recovery of, any costs payable by the client to, or to the client by, any person other than the advocate, and that person may, unless he or she has otherwise agreed, require any such costs to be taxed according to the rules for the time being in force for the taxation thereof; except that the client shall not be entitled to recover from any other person under any order for the payment of any costs to which the agreement relates more than the amount payable by him or her to his or her advocate in respect thereof under the agreement;</p> <p>(b)       shall be deemed to exclude any claim by the advocate in respect of the business to which it relates other than— (i)     the claim for the agreed costs; or (ii)   a claim for such costs as are expressly excepted therefrom.</p> <p>(3) No suit shall be brought upon any such agreement, but the court may, on the application of any person who is a party to, or the representative of a party to, the agreement, or who is, or who is alleged to be liable to pay, or who is or claims to be entitled to be paid, the costs due or alleged to be due in respect of the business to which the agreement relates, enforce or set aside the agreement and determine every question as to the validity or effect of the agreement.</p> </div> <p> </p> <div> <table cellpadding="0" cellspacing="0" style="height:58px; width:16px"> <tbody> <tr> <td> <p>(4) (a)</p> <p>(b)</p> </td> </tr> </tbody> </table> <div> </div> <p>On any such application, the court—</p> <p>if it is of the opinion that the agreement is in all respects fair and</p> <p>reasonable, may enforce it;</p> <p>if it is of the opinion that the agreement is in any respect unfair</p> <p>or unreasonable, may declare it void and may order it to be given</p> <p>up to be cancelled and may order the costs covered by it to be</p> <p>taxed as if the agreement had never been made;</p> <table cellpadding="0" cellspacing="0" style="height:16px"> <tbody> <tr> <td> <p>(c)</p> </td> </tr> </tbody> </table> <div> </div> <p>in any case, may make such orders as to the costs of the</p> <p>application as it thinks fit.</p> <p><strong>51.   Special requirements of agreements under sections 48 and 50.</strong></p> <p>(1)    An agreement under section 48 or 50 shall—</p> <p>(a)       be in writing;</p> <p>(b)       be signed by the person to be bound by it; and</p> <p>(c)       contain a certificate signed by a notary public (other than a notary public who is a party to the agreement) to the effect that the person bound by the agreement had explained to him or her the</p> </div> <p> </p> <div> <p>nature of the agreement and appeared to understand the agreement. A copy of the certificate shall be sent to the secretary of the Law Council by prepaid registered post.</p> <p>(2) An agreement under section 48 or 50 shall not be enforceable if any of the requirements of subsection (1) have not been satisfied in relation to the agreement, and any advocate who obtains or seeks to obtain any benefit under any agreement which is unenforceable by virtue of the provisions of this section shall be guilty of professional misconduct.</p> <p><strong>52.   In certain circumstances taxing officer may reduce amount paid under an agreement.</strong></p> <p>(1)       If the business covered by an agreement under section 50 is business done, or to be done, in any suit, and if the amount agreed for under any such agreement has been paid by or on behalf of the client or by any person entitled to do so, the person making the payment may, at any time within twelve months after payment, apply to the court; and the court, if it appears to it that the special circumstances of the case require the agreement to be reopened, may, on such terms as may be just, reopen the agreement and may order the costs covered thereby to be taxed and the whole or any part of the amount received by the advocate to be repaid by him or her.</p> <p>(2)       Where any agreement referred to in subsection (1) is made by the client as the guardian or committee of, or as a trustee under a deed or will for, any person whose property will be chargeable with the whole or any part of the amount payable under the agreement, the agreement shall, before payment, be laid before the taxing officer of the court, and that officer shall examine the agreement and may disallow any part of it or may require the opinion of the court to be taken on it.</p> <p>(3)       Any client mentioned in subsection (2) who pays the whole or any part of the amount payable under the agreement without the agreement having been allowed by the taxing officer or by the court shall be liable at any time to account to the person whose property is charged with the whole or any part of the amount so paid for the sum so charged, and the advocate who accepts the payment commits an offence and may be ordered by the court to refund the amount received by him or her.</p> </div> <p> </p> <div> <p><strong>53.</strong><strong>    Death, incapability or change of advocate, etc.</strong></p> <p>(1)     If, after some business has been done under an agreement made<br /> under section 50 but before the advocate has wholly performed it, the<br /> advocate dies or becomes incapable of acting, then any party, or the<br /> representative of any party, to the agreement may apply to the court; and the<br /> court shall have the same jurisdiction as to enforcing the agreement so far as<br /> it has been performed, or setting it aside, as it would have had if the advocate<br /> had not died or become incapable of acting; except that the court may,<br /> notwithstanding that it is of opinion that the agreement is in all respects fair<br /> and reasonable, order the amount due in respect of the business done under<br /> it to be ascertained by taxation, and in that case—</p> <p>(a)       the taxing officer, in ascertaining that amount, shall have regard so far as may be to the terms of the agreement; and</p> <p>(b)       payment of the amount found by him or her to be due may be enforced in the same manner as if the agreement had been completely performed.</p> <p>(2)     The provisions of subsection (1) shall apply in the event of the<br /> client changing his or her advocate, as notwithstanding the agreement, he or<br /> she shall be entitled to do, before the conclusion of the business to which the<br /> agreement relates in the same manner as they apply when the advocate dies<br /> or is incapacitated, with this modification, that if an order is made for the<br /> taxation of the amount due to the advocate in respect of the business done<br /> under the agreement, the court shall direct the taxing officer to have regard<br /> to the circumstances under which the change of advocate has taken place, and<br /> the taxing officer, unless he or she is of opinion that there has been default,<br /> negligence, improper delay or other conduct on the part of the advocate<br /> affording to the client reasonable ground for changing his or her advocate,<br /> shall allow to the advocate the full amount of the remuneration agreed to be<br /> paid to him or her.</p> <p><strong>54.</strong><strong>    Agreement excludes taxation.</strong></p> <p>Subject to sections 52 and 53, the costs of an advocate in any case where an agreement has been made under section 50 shall not be subject to taxation nor to the subsequent provisions of this Part of this Act with respect to the signing and delivery of an advocate’s bill.</p> </div> <p> </p> <div> <p><strong>55.   Miscellaneous provisions as to remuneration for contentious business.</strong></p> </div> <p> </p> <div> <table cellpadding="0" cellspacing="0" style="height:32px; width:16px"> <tbody> <tr> <td> <p>(1) (a)</p> </td> </tr> </tbody> </table> <div> </div> <p>Nothing in section 50, 51, 52, 53 or 54 shall give validity to—</p> <p>any purchase or acquisition through other means by an advocate</p> <p>of the interest, or any part of the interest, of his or her client in</p> <p>any suit or other contentious proceedings;</p> <table cellpadding="0" cellspacing="0" style="height:16px"> <tbody> <tr> <td> <p>(b)</p> </td> </tr> </tbody> </table> <div> </div> <p>any agreement by which an advocate retained or employed to</p> <p>prosecute any suit or other contentious proceeding stipulates for</p> <p>payment only in the event of success of that suit or proceeding;</p> <p>or</p> <table cellpadding="0" cellspacing="0" style="height:16px"> <tbody> <tr> <td> <p>(c)</p> </td> </tr> </tbody> </table> <div> </div> <p>any disposition, contract, settlement, conveyance, delivery,</p> <p>dealing or transfer which is under the law relating to bankruptcy</p> <p>invalid against a trustee or creditor in any bankruptcy or</p> <p>composition.</p> <p>(2)       An advocate may, with respect to any contentious business to be done by him or her, take security from his or her client for his or her costs to be ascertained by taxation or otherwise.</p> <p>(3)       Subject to any regulations, upon every taxation of costs with respect to any contentious business, the taxing officer may—</p> <p> </p> <p>(a)       allow interest at such rate and from such time as he or she thinks just on monies disbursed by the advocate for the client, and on monies of the client in the hands of, and improperly retained by the advocate;</p> <p>(b)       in determining the remuneration of the advocate, have regard to the skill, labour and responsibility involved in the business done by him or her.</p> <p><strong>56.   Power of court to order advocate to deliver his or her bill, deeds, etc.</strong></p> <p>(1) The jurisdiction of the court to make orders for the delivery by an advocate of a bill of costs and for the delivery up of, or otherwise in relation to, any deeds, documents or papers in his or her possession, custody or power, is declared to extend to cases in which no business has been done by him or her in the court.</p> <p>(2)    In this and sections 57, 58 and 59, the expression “advocate” includes the executors, administrators and assignees of the advocate in</p> </div> <p> </p> <div> <p>question.</p> <p><strong>57.</strong><strong>    Action to recover advocate’s costs.</strong></p> <p>(1)       Subject to this Act, no suit shall be brought to recover any costs due to an advocate until one month after a bill of costs has been delivered in accordance with the requirements of this section; except that if there is probable cause for believing that the party chargeable with the costs is about to quit Uganda, or to become a bankrupt, or to compound with his or her creditors, or to do any other act which would tend to prevent or delay the advocate obtaining payment, the court may, notwithstanding that one month has not expired from the delivery of the bill, order that the advocate be at liberty to commence a suit to recover his or her costs and may order those costs to be taxed.</p> <p>(2)       The requirements referred to in subsection (1) are as follows—</p> <p> </p> <p>(a)       the bill must be signed by the advocate, or if the costs are due to a firm, one partner of that firm, either in his or her own name or in the name of the firm, or be enclosed in, or accompanied by, a letter which is so signed and refers to the bill; and</p> <p>(b)       the bill must be delivered to the party to be charged with it, either personally or by being sent to him or her by registered post to, or left for him or her at, his or her place of business, dwelling house, or last known place of abode,</p> <p>and where a bill is proved to have been delivered in compliance with these requirements, it shall not be necessary in the first instance for the advocate to prove the contents of the bill (which shall be presumed until the contrary is shown) to be a bona fide bill complying with this Act.</p> <p><strong>58.</strong><strong>    Taxation of bills on the application of the party chargeable or the<br /> advocate.</strong></p> <p>(1)       Within one month of the delivery of an advocate’s bill, the party chargeable with the bill may, by notice in writing, a copy of which shall be served by the person giving the notice on the advocate, require the taxing officer to fix a date for the taxation of the bill, and the taxing officer shall thereupon fix a date accordingly and shall give notice of the date to the party chargeable with the bill and to the advocate.</p> <p>(2)       The advocate, on receipt of a copy of the notice as provided in subsection (1), shall immediately forward to the taxing officer a copy of the</p> </div> <p> </p> <div> <p>bill to be taxed, and, if the bill is not fully itemised, shall immediately send forward to the taxing officer and to the party chargeable with the bill a fully itemised statement of account in support of the bill.</p> <p>(3)       On the date fixed for the taxation, or on such other date as the taxing officer may fix in lieu of that date, the bill shall be taxed.</p> <p>(4)       Where the party chargeable with an advocate’s bill gives notice as provided in subsection (1), no suit shall be commenced on the bill to which the notice relates, and any suit already commenced on the bill shall be stayed, until the taxation of the bill is completed.</p> <p>(5)       If notice is not given by the party chargeable with the bill as provided in subsection (1) within the period specified in that subsection, then, on the application either of the advocate or of the party chargeable with the bill, the court may, upon such terms, if any, as it thinks fit, not being terms as to the costs of the taxation, order—</p> <p> </p> <p>(a)       that the bill shall be taxed;</p> <p>(b)       that until the taxation is completed, no suit shall be commenced on the bill, and any suit already commenced be stayed,</p> <p>except that—</p> <p>(c)       if twelve months have expired from the delivery of the bill, or if the bill has been paid, or if a decree, judgment or order has been obtained in a suit for the recovery of the costs covered by the bill, no order shall be made on the application of the party chargeable with the bill except in special circumstances and, if an order is made, it may contain such terms as regards the costs of the taxation as the court may think fit;</p> <p>(d)       in no event shall any such order be made after the expiration of twelve months from the payment of the bill.</p> <p> </p> <p>(6)       On every taxation of a bill, the taxing officer shall tax not only the bill but also the costs of the taxation and shall certify what is due to or from the advocate in respect of the bill and in respect of the costs of the taxation.</p> <p>(7)       If, after due notice of any taxation, either party to the taxation fails to attend, the taxing officer may proceed with the taxation ex parte.</p> <p>(8)     Unless—<br /> (a)    an order for taxation was made on the application of the advocate</p> <p>and the party chargeable does not attend the taxation; or</p> </div> <p> </p> <div> <p>(b) the order for taxation otherwise provides, the costs of the taxation shall be paid according to the event of the taxation, that is to say, if one-sixth of the amount of the bill is taxed off, the advocate shall pay the costs, but otherwise the party chargeable shall pay the costs; except that the taxing officer may, for special reasons to be recorded by him or her, make any order as he or she may think fit respecting the payment of the costs of the taxation.</p> <p><strong>59.   Taxation on application of third parties and beneficiaries under trusts, etc.</strong></p> <p>(1)       Where a person, other than the person who is the party chargeable with the bill for the purposes of section 58, has paid, or is, or was, liable to pay, the bill either to the advocate or to the party chargeable with the bill, that person or his or her administrators, executors or assignees may apply to the court under section 58(5) for an order for the taxation of the bill as if he or she were the party chargeable with the bill, and the court may make on that application the same order, if any, as it might have made if the application had been made by that party; but in cases where the court has no power to make an order except in special circumstances, the court may, in considering whether there are special circumstances sufficient to justify it in making an order, take into account circumstances affecting the applicant, but which do not affect the party chargeable with the bill.</p> <p>(2)       If a trustee, executor or administrator has become liable to pay the bill of an advocate, the court may, upon the application of any person interested in the property out of which the trustee, executor or administrator has paid, or is entitled to pay, the bill to be taxed, and upon such terms, if any, as it thinks fit, order the bill to be taxed, and may order such payments, in respect of the amount found due to or from the advocate, or to the executor, administrator or trustee, as it thinks fit; except that in considering any such application, the court shall have regard to—</p> <p> </p> <p>(a)       the provisions of section 58 as to applications by the party chargeable with the taxation of an advocate’s bill so far as they are capable of being applied to an application made under this subsection;</p> <p>(b)       the extent and nature of the interest of the applicant.</p> <p>(3)     If an applicant under subsection (2) pays any money to the<br /> advocate, he or she shall have the same right to be paid that money by the<br /> trustee, executor or administrator chargeable with the bill as the advocate</p> </div> <p> </p> <div> <p>had.</p> <p>(4) The following provisions shall apply to applications made under this section—</p> <p>(a)       except in special circumstances, no order shall be made for the taxation of a bill which has already been taxed;</p> <p>(b)       the court may, if it orders taxation of the bill, order the advocate to deliver to the applicant a copy of the bill upon payment of the costs of that copy.</p> <p><strong>60.</strong><strong>    General provisions as to taxation.</strong></p> <p>(1)       Every application for an order for the taxation of an advocate’s bill or for the delivery of such a bill and the delivering up of any deeds, documents and papers by an advocate shall be made in the matter of that advocate.</p> <p>(2)       The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the court, be final as to the amount of the costs covered thereby, and the court may make such order in relation thereto as it thinks fit, including, in a case where retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.</p> <p>(3)       Where an advocate’s bill is taxed under section 58(1) to (4) at the instance of the party chargeable with it, subsection (2) of this section shall apply in all respects as if the taxation had been ordered by the court on an application made by the party chargeable with the bill in the matter of the advocate concerned.</p> <p><strong>61.</strong><strong>    Charging orders.</strong></p> <p>Any court in which an advocate has been employed to prosecute or defend any suit, matter or proceeding may at any time declare the advocate entitled to charge on the property recovered or preserved through this instrumentality for his or her taxed costs in reference to that suit, matter or proceeding, and may make such orders for the taxation of those costs and for raising money to pay or for paying those costs out of that property as it thinks fit, and all conveyances and acts done to defeat, or operating to defeat, that charge shall, except in the case of a conveyance to a bona fide purchaser for value without notice, be void as against the advocate; but no order shall be made if the right</p> </div> <p> </p> <div> <p>to recover the costs is barred by limitation.</p> <p><strong>62.</strong><strong>    Appeals and references.</strong></p> <p>(1)       Any person affected by an order or decision of a taxing officer made under this Part of this Act or any regulations made under this Part of this Act may appeal within thirty days to a judge of the High Court who on that appeal may make any order that the taxing officer might have made.</p> <p>(2)       If any matter arising out of a taxation of a bill of costs appears to the taxing officer proper for the decision of a judge of the High Court, he or she may on his or her own motion refer the matter to such a judge who may either dispose of the matter or refer it back to the taxing officer with such directions as the judge may think fit to make.</p> <p>(3)       With the consent of both parties the taxing officer may refer any matter in dispute arising out of the taxation of a bill of costs for the opinion of a judge of the High Court.</p> <p>(4)       The Law Council may make regulations as to the manner in which appeals and references shall be made under this section and the fees, if any, that shall be paid on such appeals or references and the persons who shall be liable for the payment of the fees.</p> <p>(5)       An appeal or reference under this section shall not act as a stay of execution unless the taxing officer or a judge so orders.</p> <p><strong>63.</strong><strong>    Saving.</strong></p> <p>Nothing in this Part of this Act shall affect the provisions of any other law, not expressly repealed by this Act, prescribing or authorising or regulating the payment of fees or costs in respect of any legal matters.</p> <p>Part VII—Offences.</p> <p><strong>64.</strong><strong>    Unqualified person not to practise.</strong></p> <p>(1) Any person other than an advocate who shall either directly or indirectly act as an advocate or agent for suitors, or as such sue out any summons or other process, or commence, carry on or defend any suit or other proceedings in any court, unless authorised to do so by any law, commits an</p> </div> <p> </p> <div> <p>offence.</p> <p>(2) Subsection (1) shall be subject to any regulations made by the Law Council for the provision of legal aid and advice to indigent persons, and no person who acts in accordance with those regulations commits an offence under that subsection.</p> <p><strong>65.</strong><strong>    Unqualified person not to hold himself or herself out as qualified.</strong></p> <p>(1)       No person, not being an advocate, shall pretend to be an advocate, or shall take or use any name, title, addition or description implying that he or she is qualified or recognised by law as being qualified to act as an advocate.</p> <p>(2)       No person shall take or use any name, title, addition or description implying that he or she holds any legal qualification unless he or she in fact holds that legal qualification.</p> <p>(3)       Any person who contravenes any of the provisions of this section commits an offence.</p> <p><strong>66.</strong><strong>    Penalty for unqualified persons preparing certain instruments.</strong></p> <p>(1)     Any person other than an advocate with a valid practising<br /> certificate or a person specifically authorised by any written law to do so<br /> who, unless he or she proves that the act was not done for, or in expectation<br /> of, any fee, gain or reward, either directly or indirectly, draws or prepares<br /> any instrument—</p> <p>(a)       relating to movable or immovable property or any legal proceeding;</p> <p>(b)       for or in relation to the formation of any limited liability company whether private or public;</p> <p>(c)       for or in relation to the making of a deed of partnership or the dissolution of a partnership,</p> <p>commits an offence.</p> <p>(2)     This section shall not apply to—</p> <p>(a)       any public officer drawing or preparing instruments in the course of his or her duty;</p> <p>(b)       any person employed merely to engross any instrument, application or proceeding; or</p> </div> <p> </p> <div> <p>(c) any person in the full-time employment of a limited liability company drawing or preparing instruments in the course of his or her duty for and on behalf of that company.</p> <p>(3) For the purposes of this section and section 67, the expression “instrument” does not include—</p> <p>(a)       a will or other testamentary instrument;</p> <p>(b)       a letter or power of attorney; or</p> <p>(c)       a transfer of stock or shares containing no trust or limitation thereof.</p> <p><strong>67.</strong><strong>    Instruments to be endorsed with name and address of drawer.</strong></p> <p>(1)       Every person who draws or prepares any instrument to which section 66 applies shall endorse or cause to be endorsed on it his or her name and address; and any such person omitting to do so or falsely endorsing or causing to be endorsed any of such requirements commits an offence.</p> <p>(2)       It shall not be lawful for any registering authority to accept or recognise any such instrument unless it purports to bear the name and address of the person who prepared it endorsed on the instrument.</p> <p><strong>68.</strong><strong>    Penalty on unqualified person acting in preparation of papers for<br /> probate, etc.</strong></p> <p>Any person, not being an advocate with a valid practising certificate, or a person specifically authorised by any written law to do so, who, unless he or she proves that the act was not done for or in expectation of any fee, gain or reward, either directly or indirectly, or as an agent of any person other than a person qualified as above mentioned, takes instructions for or draws or prepares any papers on which to found or oppose a grant of probate or of letters of administration, without prejudice to any liability or disability to which he or she may be subject under any other section of this Act or any other written law, commits an offence.</p> <p><strong>69.</strong><strong>    No costs recoverable for acts constituting an offence.</strong></p> <p>No costs shall be recoverable in any suit, proceeding or matter by any person in respect of anything done, the doing of which constitutes an offence under this Act, whether or not any prosecution has been instituted in respect of the offence.</p> </div> <p> </p> <div> <p><strong>70.</strong><strong>    Offences by bodies corporate.</strong></p> <p>If any act is done by a body corporate or by any director, officer or servant of the body corporate, of such a nature or in such a manner as to be calculated to imply that the body corporate is qualified, or recognised by law as qualified to act as an advocate, the body corporate commits an offence and is liable on conviction to a fine not exceeding ten thousand shillings and, in the case of an act done by any director, officer or servant of the body corporate, he or she, without prejudice to the liability of the corporation, commits an offence and is liable on conviction to a fine not exceeding five thousand shillings or imprisonment for a period not exceeding six months or to both.</p> <p><strong>71.</strong><strong>    Advocates not to act as agents for unqualified persons.</strong></p> <p>(1)       No advocate shall knowingly act as an agent for any other person, other than an advocate, in the performance of any act which, under the provisions of this Act or any other written law, may only be performed by an advocate, nor shall he or she allow his or her name to be made use of by any person, other than an advocate in respect of the performance of such an act.</p> <p>(2)       Any advocate who acts in contravention of subsection (1) commits an offence.</p> <p><strong>72.</strong><strong>    Advocates not to employ a person removed from the roll or<br /> suspended.</strong></p> <p>(1)       No advocate, in connection with his or her practice, shall employ or remunerate any person who to his or her knowledge is disqualified from practising as an advocate by reason of the fact that his or her name has been removed from the roll as a result of disciplinary proceedings or by reason of the fact that he or she has been suspended from practising for a like cause.</p> <p>(2)       Any advocate who acts in contravention of subsection (1) commits an offence.</p> <p><strong>73.</strong><strong>    Penalty on failure to disclose fact of having been removed from<br /> roll.</strong></p> <p>Any person who, while he or she is disqualified from practising as an</p> </div> <p> </p> <div> <p>advocate by reason of the fact that he or she has been prohibited or suspended from the right to practise, otherwise than at his or her own request, or because of his or her conduct has become disentitled to practise, seeks or accepts employment by an advocate in connection with that advocate’s practice, commits an offence.</p> <p><strong>74.   Disciplinary offences by advocates.</strong></p> <p>(1)    No advocate shall—</p> <p>(a)       take instructions in any case except from the party on whose behalf he or she is retained or some person who is the recognised agent of that party within the meaning of the Civil Procedure Act or an Act amending or replacing that Act or some servant, relation or friend authorised by the party to give the instructions;</p> <p>(b)       mislead or allow any court or officer of any court to be misled;</p> <p>(c)       tender or give or consent to the retention out of any fee paid or payable to him or her for his or her services of any gratuity for procuring or having procured the employment in any legal business of himself or herself or any other advocate;</p> <p>(d)       directly or indirectly procure or attempt to procure the employment of himself or herself or his or her partner or assistant as an advocate, through or by the intervention of any person to whom remuneration for obtaining such employment has been given by him or her, or agreed or promised to be so given;</p> <p>(e)       accept any employment in any legal business through a tout or employ a tout as defined in section 75;</p> <p>(f)        advertise himself or herself in any way in relation to his or her profession or business as an advocate, except so far as may be necessary to mark his or her office or to give his or her address to persons having business communications or dealings with him or her;</p> <p>(g)       directly or indirectly hold himself or herself out or permit himself or herself to be held out, whether by name or otherwise, as being prepared to undertake professional business for any fee or consideration which shall be less than the scale of charges, if any, for the time being in force;</p> <p>(h) agree with his or her client either before, during or after the conduct of any noncontentious professional business to undertake such business for any fee or consideration whatsoever that shall be less than that set out in the scale of charges, if any, for the time being in force;</p> </div> <p> </p> <div> <p>(i) deceive or mislead any client or allow him or her to be deceived or misled in any respect material to the client;</p> <p>(j)     commit any contempt of court; or</p> <p>(k) act fraudulently or improperly in the discharge of his or her professional duty.</p> <p>(2) Any advocate who contravenes or fails to comply with any of the provisions of subsection (1) commits an offence and is alternatively or in addition liable to proceedings under section 20.</p> <p><strong>75.</strong><strong>    Acting as tout prohibited.</strong></p> <p>(1)       Any person who, on behalf of any advocate, or for his or her own account, acts as a tout commits an offence.</p> <p>(2)       For the purposes of this section, “tout” means a person who, in consideration of any payment or other advantage to himself or herself, procures the employment in any legal business of any advocate, or proposes to an advocate to procure him or her employment or other advantage.</p> <p><strong>76.</strong><strong>    Penalty for inducing clients to abandon their advocates.</strong></p> <p>Any person who induces or attempts to induce any client or prospective client of any advocate to cease to be the client of that advocate in order to become the client of the advocate whom that person serves in any capacity commits an offence.</p> <p>Part VIII—Miscellaneous provisions.</p> <p><strong>77.</strong><strong>    Power to make regulations.</strong></p> <p>(1) Without prejudice to any other provision of this Act, the Law Council may make regulations with regard to—</p> <p>(a)       any matter concerning the professional practice, conduct and discipline of advocates;</p> <p>(b)       the appropriate dress or robe of advocates for their appearance before a court;</p> <p>(c)       the manner in which advocates shall keep accounts;</p> <p>(d)       the annual submission to the registrar by advocates of a certificate, signed by an accountant holding one or more of the qualifications specified in the regulations, that he or she has</p> </div> <p> </p> <div> <p>examined the books, accounts, and documents to such extent as may be prescribed;</p> <p>(e)       the scale of fees to be charged by advocates for conveyancing and other noncontentious business and of costs in respect of contentious business whether as between party and party or advocate and client and providing for the manner and procedure of taxation thereof by officers of the courts and all matters connected with the allowance and disallowance of costs, fees and disbursements;</p> <p>(f)        the granting of a special rank (howsoever styled) to advocates of long standing, skill and experience, the regulating of their practice and restricting such practice to certain courts;</p> <p>(g)     the provision of legal aid and advice to indigent persons; and<br /> (h)    the safeguarding of the interest or property of the clients of</p> <p>advocates—</p> <p>(i)     whose names have been struck off the roll; (ii)   whose right to practise has been suspended; or (iii)  who are unable for any other cause to practise.</p> <p>(2)     Any regulations made in respect of noncontentious business may,<br /> as regards the mode of remuneration, prescribe that it shall be according to<br /> a scale of rates of commission or percentage, varying or not in different<br /> classes of business, or by a gross sum, or by a fixed sum for each document<br /> prepared or perused, without regard to length, or in any other mode, or partly<br /> in one mode and partly in another, and may regulate the amount of<br /> remuneration with reference to all or any of the following, among other<br /> considerations—</p> <p>(a)       the position of the party for whom the advocate is concerned in the business, that is, whether as vendor or purchaser, lessor or lessee, mortgagor or mortgagee, charger or chargee and the like;</p> <p>(b)       the place where, and the circumstances in which, the business or any part of the business is transacted;</p> <p>(c)       the amount of capital money or rent to which the business relates;</p> <p>(d)       the skill, labour and responsibility involved therein on the part of the advocate;</p> <p>(e)       the number and importance of the documents prepared or perused, without regard to length.</p> <p>(3)     Regulations made in respect of noncontentious business may<br /> authorise and regulate—</p> <p>(a)    the taking by an advocate from his or her client of security for</p> </div> <p> </p> <div> <p>payment of any remuneration, to be ascertained by taxation or otherwise, which may become due to him or her under any such order; and (b)    the charging of interest.</p> <p>(4)       The Law Council may make regulations with regard to the training, qualifications, registration, conduct and discipline of legal assistants.</p> <p>(5)       Any advocate who contravenes or fails to comply with the provisions of any regulations made under subsection (1)(a) shall be guilty of unprofessional conduct, and the Law Council or any person may make a complaint to the Disciplinary Committee in respect of that conduct.</p> <p><strong>78.</strong><strong>    Jurisdiction to try offences.</strong></p> <p>Except as otherwise expressly provided in this Act, all offences under this Act, where no indictment is filed, shall be tried by a magistrate’s court presided over by a chief magistrate or a magistrate grade I.</p> <p><strong>79.</strong><strong>    General penalty.</strong></p> <p>(1)       Any person who commits an offence under this Act, for which no penalty is otherwise provided, is liable on conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both.</p> <p>(2)       Any person who commits an offence under this Act is liable, whether or not he or she has been charged with, convicted or acquitted of that offence, to proceedings under Part V of this Act.</p> <p><strong>80.</strong><strong>    Taxing officer.</strong></p> <p>The taxing officer for the taxation of bills under this Act shall be the registrar or a district or deputy registrar of the High Court or, in the absence of a registrar, such other officer as the Chief Justice may appoint; except that in respect of the taxation of costs between party and party arising out of any contentious business brought in a court subordinate to the High Court, the taxing officer shall be a chief magistrate or a magistrate grade I with jurisdiction in the area where the suit was heard.</p> </div> <p> </p> <div> <p><strong>81.   Agreements exempting advocates from negligence to be void.</strong></p> <p>Any provision in any agreement between an advocate and a client that the advocate shall not be liable for negligence or that he or she shall be relieved from any responsibility to which he or she would otherwise be subject as such advocate, shall be wholly void.</p> <p><strong>82.</strong><strong>    Savings of other laws.</strong></p> <p>Nothing in this Act shall prejudice or affect—</p> <p>(a)       the provisions of any other written law empowering any person, not being an advocate, to conduct, defend or otherwise act in relation to any proceedings; or</p> <p>(b)       the provisions of any other written law prohibiting any person or class of persons from conducting, defending or otherwise acting in relation to any proceedings.</p> <p><strong>83.</strong><strong>    Transitional and saving provisions.</strong></p> <p>The transitional and saving provisions in the Third Schedule to this Act shall have the effect notwithstanding any other provision of this Act.</p> <p><strong>SCHEDULES</strong></p> <p><em>First Schedule.</em></p> <p>s. 40.</p> <p><strong>The Advocates Accounts Rules.</strong></p> <p>1.     (1)    In these Rules, unless the context otherwise requires—</p> <p>(a)       “advocate” includes a firm of advocates;</p> <p>(b)       “advocate-trustee” means an advocate who is a sole trustee or who is co-trustee only with a partner, clerk or servant of his or hers or with more than one of such persons;</p> <p>(c)       “client” means any person on whose account an advocate holds or receives client’s money;</p> <p>(d)       “client account” means a current or deposit account at a bank in the name of the advocate in the title of which the word “client” appears;</p> <p>(e)       “client’s money” means money held or received by an advocate</p> </div> <p> </p> <div> <p>(f)</p> <p> </p> <p>on account of a person for whom he or she is acting in relation to the holding or receipt of the money either as an advocate or, in connection with his or her practice as an advocate, as agent, bailee, stakeholder or in any other capacity; but the expression “client’s money” shall not include— (i)     money held or received on account of the trustees of a trust</p> <p>of which the advocate is advocate-trustee; or (ii)   money to which the only person entitled is the advocate</p> <p>himself or herself or, in the case of a firm of advocates, one</p> <p>or more of the partners in the firm; “trust money” means money held or received by an advocate which is not client’s money and which is subject to a trust of which the advocate is a trustee whether or not he or she is advocate-trustee of the trust.</p> </div> <p> </p> <div> <p>(2)    Other expressions in these Rules shall have the meanings assigned to them by the Act.</p> <p>2. Subject to rule 8 of these Rules, every advocate who holds or receives client’s money, or money which under rule 3 of these Rules he or she is permitted and elects to pay into a client account, shall without delay pay the money into a client account. Any advocate may keep one client account or as many of such accounts as he or she thinks fit.</p> </div> <p> </p> <div> <table cellpadding="0" cellspacing="0" style="height:16px"> <tbody> <tr> <td> <p>3.</p> </td> </tr> </tbody> </table> <div> </div> <p>There may be paid into a client account—</p> <table cellpadding="0" cellspacing="0" style="height:58px; width:16px"> <tbody> <tr> <td> <p>(a) (b)</p> <p>(c)</p> </td> </tr> </tbody> </table> <div> </div> <p>trust money;</p> <p>such money belonging to the advocate as may be necessary for</p> <p>the purpose of opening or maintaining the account;</p> <p>money to replace any sum which may, by mistake or accident,</p> <p>have been drawn from the account in contravention of rule 7(2)</p> <p>of these Rules; and</p> <table cellpadding="0" cellspacing="0" style="height:16px"> <tbody> <tr> <td> <p>(d)</p> </td> </tr> </tbody> </table> <div> </div> <p>a cheque or draft received by the advocate, which under rule 4 of</p> <p>these Rules he or she is entitled to split but which he or she does</p> <p>not split.</p> <p>4.     Where an advocate holds or receives a cheque or draft which includes</p> <p>client’s money or trust money of one or more trusts—</p> <p>(a) he or she may where practicable split the cheque or draft and, if he or she does so, he or she shall deal with each part of it as if he or she had received a separate cheque or draft in respect of that part; or</p> </div> <p> </p> <div> <p>(b) if he or she does not split the cheque or draft, he or she shall, if any part of it consists of client’s money, and may in any other case, pay the cheque or draft into a client account.</p> <p>5.         No money, other than money which under rules 2, 3 and 4 of these Rules an advocate is required or permitted to pay into a client account, shall be paid into a client account.</p> <p>6.         There may be drawn from a client account—</p> <p>(a)     in the case of a client’s money—<br /> (i)     money properly required for a payment to or on behalf of</p> <p>the client; (ii)   money properly required for or towards payment of a debt due to the advocate from the client or in reimbursement of money expended by the advocate on behalf of the client; (iii)  money drawn on the client’s authority; and (iv)   money properly required for or towards payment of the advocate’s costs where a bill of costs or other written intimation of the amount of the costs incurred has been delivered to the client and the client has been notified that money held for him or her will be applied towards or in satisfaction of the costs;</p> <p>(b)     in the case of trust money—<br /> (i)     money properly required for a payment in the execution of</p> <p>the particular trust; and (ii)   money to be transferred to a separate bank account kept solely for the money of the particular trust;</p> <p>(c)       such money, not being money to which either paragraph (a) or (b) of this rule applies, as may have been paid into the account under rule 3(b) or (d) of these Rules; and</p> <p>(d)       money which may, by mistake or accident, have been paid into the account in contravention of rule 5 of these Rules,</p> <p>except that in any case under paragraph (a) or (b) of this rule the money so drawn shall not exceed the total of the money held for the time being in the account on account of the client or trust.</p> <p>7.      (1) No money drawn from a client account under rule 6(a)(ii) or (iv),<br /> (c) or (d) of these Rules, shall be drawn except by—</p> <p>(a)       a cheque drawn in favour of the advocate; or</p> <p>(b)       a transfer to a bank account in the name of the advocate not being</p> </div> <p> </p> <div> <p>a client account.</p> <p>(2) No money, other than money permitted by rule 6 to be drawn from a client account, shall be so drawn unless the High Court, upon an application made to it by the advocate, specifically authorises in writing its withdrawal.</p> <p>8. (1) Notwithstanding these Rules, an advocate shall not be under obligation to pay into a client account client’s money held or received by him or her—</p> <p>(a)       which is received by him or her in the form of cash, and is without delay paid in cash in the ordinary course of business to the client or a third party;</p> <p>(b)       which is received by him or her in the form of a cheque or draft which is endorsed over in the ordinary course of business to the client or a third party and is not passed by the advocate through a bank account; or</p> <p>(c)       which he or she pays into a separate banking account opened or to be opened in the name of the client or of some person named by the client.</p> <p>(2)     Notwithstanding these Rules, an advocate shall not pay into a<br /> client account client’s money held or received by him or her—</p> <p>(a)       which the client for his or her own convenience requests the advocate to withhold from such account;</p> <p>(b)       which is received by him or her for or towards payment of a debt due to the advocate from the client or in reimbursement of money expended by the advocate on behalf of the client; or</p> <p>(c)       which is paid to him or her expressly on account of costs incurred in respect of which a bill of costs or other written intimation of the amount of the costs has been delivered, or as an agreed fee, or on account of an agreed fee, for business undertaken or to be undertaken.</p> <p>(3)     Where a cheque or draft includes other money of a client as well<br /> as client’s money of the nature described in subrule (2) of this rule, the<br /> cheque or draft shall be dealt with in accordance with rule 4 of these<br /> Rules.</p> <p>(4)    Notwithstanding these Rules, the High Court may upon an application made to it by an advocate, specifically authorise him or her</p> </div> <p> </p> <div> <p>in writing to withhold any client’s money from a client account.</p> <p>9.      (1) Every advocate shall at all times keep properly written up such<br /> books and accounts as may be necessary—</p> <p>(a)     to show all his or her dealings with—<br /> (i)     client’s money held or received or paid by him or her; and<br /> (ii)   any other money dealt with by him or her through a client</p> <p>account; and</p> <p>(b)     to distinguish such money held, received or paid by him or her on<br /> account of each separate client and to distinguish such money<br /> from other money held, received or paid by him or her on any<br /> other account.</p> <p>(2) Every advocate shall preserve, for at least six years from the date of the last entry therein, all books and accounts kept by him or her under subrule (1) of this rule.</p> <p>10.    A written intimation of the amount of an advocate’s costs incurred and<br /> a notification to a client that money held for him or her will be applied as<br /> mentioned in rule 6(a)(iv) of these Rules may be delivered to a client in the<br /> same manner as a bill of costs is required to be delivered under section 57(2)<br /> of the Act.</p> <p> </p> </div> <p> </p> <div> <p><em>Second Schedule.</em></p> <p><strong>The Advocates Trust Accounts Rules.</strong></p> <p> </p> <p>s. 40.</p> </div> <p> </p> <div> <p> </p> </div> <p> </p> <div> <p>1.</p> <p> </p> <p>(1) (a)</p> <p>(b)</p> <p>(c)</p> <p> </p> <p>In these Rules, unless the context otherwise requires— “advocate-trustee” means an advocate who is a sole trustee or who is co-trustee only with a partner, clerk or servant of his or her or with more than one of such persons; “client account” means a current or deposit account at a bank in the title of which the word “client” appears, kept and operated in accordance with the Advocates Accounts Rules; “trust bank account” means a current or deposit account in the title of which the word “trustee” or “executor” appears, kept at a bank in the names of the trustees of the trust and kept solely for money subject to a particular trust of which the advocate is advocate-trustee.</p> </div> <p> </p> <div> <p>(2)    Other expressions in these Rules shall have the meanings assigned to them by the Act.</p> <p>2.         Subject to rule 8 of these Rules, every advocate-trustee who holds or receives money subject to a trust of which he or she is advocate-trustee, other than money which is paid into a client account as permitted by the Advocates Accounts Rules, shall without delay pay the money into the trust bank account of the particular trust.</p> <p>3.         There may be paid into a trust bank account—</p> <p> </p> <p>(a)       money subject to the particular trust;</p> <p>(b)       such money belonging to the advocate-trustee or to a co-trustee as may be necessary for the purpose of opening or maintaining the account; or</p> <p>(c)       money to replace any sum which may, by mistake or accident, have been drawn from the account in contravention of rule 7 of these Rules.</p> <p>4.      Where an advocate holds or receives a cheque or draft which includes<br /> money subject to a trust or trusts of which the advocate is advocate-trustee—</p> <p>(a)       he or she shall where practicable split the cheque or draft and, if he or she does so, shall deal with each part of it as if he or she had received a separate cheque or draft in respect of that part; or</p> <p>(b)       if he or she does not split the cheque or draft, he or she may pay it into a client account as permitted by the Advocates Accounts Rules.</p> <p> </p> <p>5.         No money, other than money which under rules 2, 3 and 4 of these Rules an advocate is required or permitted to pay into a trust bank account, shall be paid into a trust bank account.</p> <p>6.         There may be drawn from a trust bank account—</p> <p> </p> <p>(a)       money properly required for a payment in the execution of the particular trust;</p> <p>(b)       money to be transferred to a client account;</p> <p>(c)       such money, not being money subject to the particular trust, as may have been paid into the account under rule 3(b) of these Rules; or</p> <p>(d)       money which may, by mistake or accident, have been paid into the account in contravention of rule 5 of these Rules.</p> </div> <p> </p> <div> <p>7.         No money, other than money permitted by rule 6 of these Rules to be drawn from a trust bank account, shall be so drawn unless the High Court, upon an application made to it by the advocate, expressly authorises in writing its withdrawal.</p> <p>8.         Notwithstanding these Rules, an advocate shall not be under obligation to pay into a trust bank account money held or received by him or her which is subject to a trust of which he or she is advocate-trustee and which is received by him or her either in the form of cash which is without delay paid in cash in the execution of the trust to a third party or in the form of a cheque or draft which is without delay endorsed over in the execution of the trust to a third party and is not passed by the advocate through a bank account.</p> <p>9.         (1) Every advocate-trustee shall at all times keep properly written up such books and accounts as may be necessary—</p> <p> </p> <p>(a)       to show separately all his or her dealings with money held, received or paid by him or her on account of each trust of which he or she is advocate-trustee; and</p> <p>(b)       to distinguish that money from money held, received or paid by him or her on any other account.</p> <p>(2) Every advocate-trustee shall preserve, for at least six years from the date of the last entry therein, all books and accounts kept by him or her under subrule (1) of this rule.</p> <p><em>Third Schedule.</em></p> <p>s. 83(2).</p> <p><strong>Transitional and saving provisions.</strong></p> <p><em>Part 1.</em></p> <p>1.         The statutory instrument made under the Advocates Act, Cap. 258, 1964 Revision (which is set out in Part 2 of this Schedule) shall remain in force until revoked or replaced by a statutory instrument made under this Act, and shall be deemed to be modified so as to make it consistent with this Act.</p> <p>2.         Where the provisions of section 77 of this Act are in conflict with</p> </div> <p> </p> <p>the provisions of section 40 of the Judicature Act, the provisions of section 77 of this Act shall prevail.</p> <p><em>Part 2.</em></p> <p>The Taxation of Costs (Appeals and References) Rules.</p> <p><strong>History:  </strong>Act 22/1970; S.I. 140/1970; Decree 19/1976; Decree 21/1977; Decree 1/1979.</p> <p><strong>Cross References</strong></p> <p>Advocates Act, 1964 Revision, Cap. 258.</p> <p>Civil Procedure Act, Cap. 71.</p> <p>Evidence Act, Cap. 6.</p> <p>Judicature Act, Cap. 13.</p> <p>Mental Treatment Act, Cap. 279.</p> <p>Penal Code Act, Cap. 120.</p> <p>Prevention of Corruption Act, Cap. 121.</p> <p>Taxation of Costs (Appeals and References) Rules.</p> <p> </p> </div></div></div> Tue, 28 Jul 2015 08:39:03 +0000 Anonymous 23780 at https://old.ulii.org