Higher Education Students Financing Act

1. Interpretation

In this Act, unless the context otherwise requires

"Board" means the Higher Education Students Financing Board;

"currency point" has the value assigned to it in Schedule 1;

"employment" means a contract of service between the employer and the employee and includes a person on selfemployment;

"functional fees" includes registration fees, examination fees, library fees, clearance fees, fees for identity cards, medical fees;

"Fund" means the higher education students financing Fund established under section 29 ;

"higher education" means a post secondary education course of study or programme leading to the award of a certificate, diploma or degree;

"Minister" means the Minister responsible for education;

"scheme" means the higher education students financing scheme established under section 2 .

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In this Act, unless the context otherwise requires "Board" means the Higher Education Students Financing Board;”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

7

"currency point" has the value assigned to it in Schedule 1;
"employment" means a contract of service between the employer and the employee and includes a person on selfemployment;
"functional fees" includes registration fees, examination fees, library fees, clearance fees, fees for identity cards, medical fees;
"Fund" means the higher education students financing Fund established under section 29;
"higher education" means a post secondary education course of study or programme leading to the award of a certificate, diploma or degree;
"Minister" means the Minister responsible for education;
"scheme" means the higher education students financing scheme established under section 2.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 29 · Higher education students financing Fund Section 2 · Establishment of Higher Education Students Financing Scheme

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

2. Establishment of Higher Education Students Financing Scheme

(1)

There is established a scheme to be known as the Higher Education Students Financing Scheme.

(2)

The scheme shall consist of loans and scholarships provided to eligible students to pursue higher education.

(3)

The scheme shall be managed by the Board.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Establishment of Higher Education Students Financing Scheme”.

“(1) There is established a scheme to be known as the Higher Education Students Financing Scheme.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) There is established a scheme to be known as the Higher Education Students Financing Scheme.
(2) The scheme shall consist of loans and scholarships provided to eligible students to pursue higher education.
(3) The scheme shall be managed by the Board.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

3. Establishment of Higher Education Students Financing Board

(1)

There is established the Higher Education Students Financing Board.

(2)

The Board is a body corporate with perpetual succession and a common seal and may for the purposes of discharging its functions under this Act-

(a)

acquire, hold or dispose of movable and immovable property;

(b)

sue and be sued in its corporate name; and

(c)

do all acts and things that a body corporate may lawfully do.

(3)

The seal of the Board shall be authenticated in accordance with Schedule 2.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Establishment of Higher Education Students Financing Board”.

“(1) There is established the Higher Education Students Financing Board.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(1) There is established the Higher Education Students Financing Board.
(2) The Board is a body corporate with perpetual succession and a common seal and may for the purposes of discharging its functions under this Act-
(a) acquire, hold or dispose of movable and immovable property;
(b) sue and be sued in its corporate name; and
(c) do all acts and things that a body corporate may lawfully do.
(3) The seal of the Board shall be authenticated in accordance with Schedule 2.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

4. Composition and tenure of the Board

(1)

The Board shall consist of the following-

(a)

one person with at least ten years experience in management, who shall be the chairperson;

(b)

a representative of the National Council for Higher Education nominated by the National Council for Higher Education;

(c)

a representative of management of institutions of higher education nominated by the vice chancellors forum;

(d)

a representative of the Ministry responsible for education in charge of higher education;

(e)

a representative of the Ministry responsible for finance;

(f)

a representative of employers nominated by a recognized employers umbrella association;

(g)

a representative of students nominated by a recognized umbrella students association;

(h)

a representative of workers nominated by a recognized workers organization;

(i)

a representative of Persons with Disabilities nominated by a recognized national umbrella body of persons with disabilities; and

(j)

the Executive Director who shall be an ex-officio member of the board and shall be secretary to the Board.

(2)

The members of the Board shall be persons of high moral character and proven integrity.

(3)

The chairperson and members of the Board shall be appointed by the Minister.

(4)

At least one third of membership of the board shall compose of women.

(5)

A chairperson or member of the Board shall hold office for four years and shall be eligible for reappointment for only one more term.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Composition and tenure of the Board”.

“(1) The Board shall consist of the following-”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

15

(1) The Board shall consist of the following-
(a) one person with at least ten years experience in management, who shall be the chairperson;
(b) a representative of the National Council for Higher Education nominated by the National Council for Higher Education;
(c) a representative of management of institutions of higher education nominated by the vice chancellors forum;
(d) a representative of the Ministry responsible for education in charge of higher education;
(e) a representative of the Ministry responsible for finance;
(f) a representative of employers nominated by a recognized employers umbrella association;
(g) a representative of students nominated by a recognized umbrella students association;

7 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

5. Functions of the Board

(1)

The functions of the Board are-

(a)

to manage the higher education students financing scheme;

(b)

to administer the Fund;

(c)

to provide financial assistance to eligible students under this Act;

(d)

to establish a loan protection fund for loans granted to a student under this Act;

(e)

to determine the number of eligible students to benefit from the scheme;

(f)

to explore modalities for resource mobilisation for the scheme;

(g)

to perform any other function that is incidental or connected to the objects of the Board; and

(h)

to establish and maintain collaboration and network with other persons, bodies, or organizations within or outside Uganda as the board may consider appropriate, for the furtherance of the purpose of the scheme.

(2)

The Board shall, at least once every three months, after the end of each calendar year or at the request of the Minister, submit to the Minister a report on the performance of its functions.

(3)

The Minister shall lay the annual report of the Board before Parliament.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Functions of the Board”.

“(1) The functions of the Board are-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

11

(1) The functions of the Board are-
(a) to manage the higher education students financing scheme;
(b) to administer the Fund;
(c) to provide financial assistance to eligible students under this Act;
(d) to establish a loan protection fund for loans granted to a student under this Act;
(e) to determine the number of eligible students to benefit from the scheme;
(f) to explore modalities for resource mobilisation for the scheme;
(g) to perform any other function that is incidental or connected to the objects of the Board; and

3 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

6. Powers of the Minister

(1)

The Minister may, in writing, give policy guidelines to the Board regarding the performance of its functions.

(2)

The Board shall comply with the policy guidelines given by the Minister under this section.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Powers of the Minister”.

“(1) The Minister may, in writing, give policy guidelines to the Board regarding the performance of its functions.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Minister may, in writing, give policy guidelines to the Board regarding the performance of its functions.
(2) The Board shall comply with the policy guidelines given by the Minister under this section.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

7. Vacating office of member of the Board

(1)

A member of the Board may resign his or her office by a one month notice in writing addressed to the Minister.

(2)

A member of the Board may be removed from office by the Minister on any of the following grounds -

(a)

absence for three consecutive meetings of the Board without notice to the Chairperson or without reasonable cause;

(b)

ceasing to hold the position under which he or she was appointed to the board;

(c)

if convicted of a criminal offence;

(d)

is declared insolvent;

(e)

inability to perform his or her function arising out of physical or mental incapacity;

(f)

misconduct or misbehavior; or

(g)

incompetence.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Vacating office of member of the Board”.

“(1) A member of the Board may resign his or her office by a one month notice in writing addressed to the Minister.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

9

(1) A member of the Board may resign his or her office by a one month notice in writing addressed to the Minister.
(2) A member of the Board may be removed from office by the Minister on any of the following grounds -
(a) absence for three consecutive meetings of the Board without notice to the Chairperson or without reasonable cause;
(b) ceasing to hold the position under which he or she was appointed to the board;
(c) if convicted of a criminal offence;
(d) is declared insolvent;
(e) inability to perform his or her function arising out of physical or mental incapacity;
(f) misconduct or misbehavior; or

1 further item remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

8. Meetings of the Board

(1)

The Board shall meet at least once every three months for purposes of discharging its functions.

(2)

The meetings of the Board shall be conducted in accordance with Schedule 3.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Meetings of the Board”.

“(1) The Board shall meet at least once every three months for purposes of discharging its functions.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Board shall meet at least once every three months for purposes of discharging its functions.
(2) The meetings of the Board shall be conducted in accordance with Schedule 3.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

9. Remuneration of members of the Board

The members of the Board may be paid allowances approved by the Minister in consultation with the Minister responsible for public service and the Minister responsible for finance

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Remuneration of members of the Board”.

“The members of the Board may be paid allowances approved by the Minister in consultation with the Minister responsible for public service and the Minister responsible for finance”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The members of the Board may be paid allowances approved by the Minister in consultation with the Minister responsible for public service and the Minister responsible for finance

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

10. Committees of the Board

(1)

The Board may appoint committees for the better carrying out of its functions.

(2)

A Committee appointed under sub section (1) shall exercise specific powers or perform specific functions as the board may determine.

(3)

A committee appointed under subsection (1) shall consist of a chairperson the chairperson other than the board chairperson and other members of the Board, as the Board may determine.

(4)

A committee may invite any person to attend any of its meetings and may co-opt any competent person to the committee but that person shall not vote on any matter before the committee.

(5)

A member of a committee appointed under this section may be paid allowances as the Board may, with the written approval of the Minister, determine.

(6)

Subject to any direction given by the Board, a committee appointed under this section may regulate its own procedure.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Committees of the Board”.

“(1) The Board may appoint committees for the better carrying out of its functions.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(1) The Board may appoint committees for the better carrying out of its functions.
(2) A Committee appointed under sub section (1) shall exercise specific powers or perform specific functions as the board may determine.
(3) A committee appointed under subsection (1) shall consist of a chairperson the chairperson other than the board chairperson and other members of the Board, as the Board may determine.
(4) A committee may invite any person to attend any of its meetings and may co-opt any competent person to the committee but that person shall not vote on any matter before the committee.
(5) A member of a committee appointed under this section may be paid allowances as the Board may, with the written approval of the Minister, determine.
(6) Subject to any direction given by the Board, a committee appointed under this section may regulate its own procedure.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

11. Secretariat of the Board

(1)

The Board shall have a secretariat which shall be responsible for the day-to-day operations of the scheme and implementing the decisions of the Board.

(2)

The secretariat shall be headed by a full time Executive Director.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Secretariat of the Board”.

“(1) The Board shall have a secretariat which shall be responsible for the day-to-day operations of the scheme and implementing the decisions of the Board.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Board shall have a secretariat which shall be responsible for the day-to-day operations of the scheme and implementing the decisions of the Board.
(2) The secretariat shall be headed by a full time Executive Director.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

12. Executive Director

(1)

The Executive Director shall be appointed by the Minister on the recommendation of the Board.

(2)

The Executive Director shall be a person of high moral character with proven integrity and shall have at least ten years working experience, with at least five years in higher education management and financial management.

(3)

The Executive Director shall hold office for five years and shall be eligible for reappointment for only one more term.

(4)

A person shall cease to hold the office of Executive Director if that person-

(a)

resigns his or her office by notice in writing addressed to the Minister;

(b)

is declared insolvent;

(c)

is convicted of a criminal offence;

(d)

is removed from office by the Minister on the recommendation of the Board for-

(i)

continuously and persistently being unable to discharge the functions of the office of Executive Director due to infirmity of body or mind;

(ii)

failing to disclose to the Board any interest in a contract or proposed contract or any other matter connected to the Board;

(iii)

misbehavior or misconduct;

(iv)

incompetence.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Executive Director”.

“(1) The Executive Director shall be appointed by the Minister on the recommendation of the Board.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

12

(1) The Executive Director shall be appointed by the Minister on the recommendation of the Board.
(2) The Executive Director shall be a person of high moral character with proven integrity and shall have at least ten years working experience, with at least five years in higher education management and financial management.
(3) The Executive Director shall hold office for five years and shall be eligible for reappointment for only one more term.
(4) A person shall cease to hold the office of Executive Director if that person-
(a) resigns his or her office by notice in writing addressed to the Minister;
(b) is declared insolvent;
(c) is convicted of a criminal offence;
(d) is removed from office by the Minister on the recommendation of the Board for-

4 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

13. Duties of the Executive Director

(1)

Subject to this Act and to the general supervision of the Board, the Executive Director is the chief executive officer of the Board and is responsible for-

(a)

implementing the policies and programmes agreed upon by the Board;

(b)

managing financial, human and physical resources of the Board;

(c)

keeping the Board informed of the activities of the scheme;

(d)

keeping record of all the transactions of the scheme and the Board;

(e)

performing any other function as determined by the Board;

(f)

mobilizing resources for the Scheme.

(2)

In the performance of his or her duties the Executive Director is answerable to the Board.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Governing rule

This section states the governing statutory rule for “Duties of the Executive Director”.

“(1) Subject to this Act and to the general supervision of the Board, the Executive Director is the chief executive officer of the Board and is responsible for-”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Duties of the Executive Director”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

8

(1) Subject to this Act and to the general supervision of the Board, the Executive Director is the chief executive officer of the Board and is responsible for-
(a) implementing the policies and programmes agreed upon by the Board;
(b) managing financial, human and physical resources of the Board;
(c) keeping the Board informed of the activities of the scheme;
(d) keeping record of all the transactions of the scheme and the Board;
(e) performing any other function as determined by the Board;
(f) mobilizing resources for the Scheme.
(2) In the performance of his or her duties the Executive Director is answerable to the Board.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

14. Other officers and staff of the Board

(1)

There shall be officers and staff of the Board as may be necessary for the effective performance of the functions of the Board.

(2)

The officers and staff of the Board shall be appointed by the Board on such terms and conditions as the Board shall determine.

(3)

Without prejudice to the generality of sub section (2), the Board may provide for payment of salaries, allowances, pensions, gratuities or other retirement benefits to its officers and employees, and may require them to contribute to any pension, provident fund or superannuation scheme.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Other officers and staff of the Board”.

“(1) There shall be officers and staff of the Board as may be necessary for the effective performance of the functions of the Board.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) There shall be officers and staff of the Board as may be necessary for the effective performance of the functions of the Board.
(2) The officers and staff of the Board shall be appointed by the Board on such terms and conditions as the Board shall determine.
(3) Without prejudice to the generality of sub section (2), the Board may provide for payment of salaries, allowances, pensions, gratuities or other retirement benefits to its officers and employees, and may require them to contribute to any pension, provident fund or superannuation scheme.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

15. Protection of members and officers of the Board

A member or officer of the Board or a person acting on the directions of the Board is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of his or her duties under the provisions of this Act

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Governing rule

This section states the governing statutory rule for “Protection of members and officers of the Board”.

“A member or officer of the Board or a person acting on the directions of the Board is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of his or her duties under the provisions of this Act”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Protection of members and officers of the Board”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

16. Student loans

(1)

A loan shall cover the following-

(a)

tuition fees;

(b)

functional fees;

(c)

research expenses;

(d)

aids and appliances for persons with disabilities.

(2)

A loan may include specific amounts in respect of accommodation or meals, where the board determines that the funds are sufficient, based on the needs of each student, in addition to fees prescribed in subsection (1).

(3)

The Minister shall on the recommendation of the Board by statutory instrument determine the amount for each of the items referred to in subsection (1) and (2) annually.

(4)

The Board shall publish the amount determined by the Minister under subsection (3) in the National Gazette and at least two newspapers of wide national coverage.

(5)

Where a student changes from the scheme or course for which the loan was granted, the student shall within fourteen days after the institution approves the change, notify the Board of the change of programme or course.

(6)

The Board shall not be responsible for any additional fees required or incurred as a result of the change in course or programme.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Student loans”.

“(1) A loan shall cover the following-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

10

(1) A loan shall cover the following-
(a) tuition fees;
(b) functional fees;
(c) research expenses;
(d) aids and appliances for persons with disabilities.
(2) A loan may include specific amounts in respect of accommodation or meals, where the board determines that the funds are sufficient, based on the needs of each student, in addition to fees prescribed in subsection (1).
(3) The Minister shall on the recommendation of the Board by statutory instrument determine the amount for each of the items referred to in subsection (1) and (2) annually.
(4) The Board shall publish the amount determined by the Minister under subsection (3) in the National Gazette and at least two newspapers of wide national coverage.

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

17. Interest on loan

(1)

Every student loan shall be repayable with interest.

(2)

The interest shall be determined by the Minister in consultation with the Minister responsible for finance.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Interest on loan”.

“(1) Every student loan shall be repayable with interest.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Every student loan shall be repayable with interest.
(2) The interest shall be determined by the Minister in consultation with the Minister responsible for finance.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

18. Student scholarships

(1)

A student scholarship shall be awarded to an eligible student to pursue higher education in a field of study determined by the Board as critical to national and economic development.

(2)

In determining the fields of study, the Board shall be guided by key development areas as specified in the National Development Plan.

(3)

A scholarship may cover the following-

(a)

tuition fees;

(b)

functional fees;

(c)

books and reading materials;

(d)

accommodation fees;

(e)

meals;

(f)

research fees;

(g)

aids, appliances and personnel assistance for persons with disabilities; and

(h)

other expenses as may be determined by the Board and approved by the Minister.

(4)

The Minister shall on the recommendation of the Board by statutory instrument determine the amount for each of the items referred to in subsection (3).

(5)

The Board shall publish the amount determined by the Minister under subsection (3) in at least two newspapers of wide national coverage.

(6)

A student scholarship shall be non-refundable by the beneficiary, except where a student-

(a)

abandons the course without reasonable cause;

(b)

changes to a course not approved by the Board; or

(c)

fails to comply with any other terms and conditions of the scholarship as may be determined by the Board.

(7)

A student scholarship shall only be used for the course for which the scholarship has been awarded and shall not be transferable.

(8)

A student scholarship may be terminated by the Board at any time where the student performs or omits to perform an act or omission which violates the terms and conditions of the scholarship as determined by the Board.

(9)

The board may bond the beneficiary to the scheme for a specified period, as the Minister may, by statutory instrument determine.

(10)

External scholarships shall only be awarded to students who qualify for academic programmes that are not offered in institutions of higher learning within Uganda.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Student scholarships”.

“(1) A student scholarship shall be awarded to an eligible student to pursue higher education in a field of study determined by the Board as critical to national and economic development.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

21

(1) A student scholarship shall be awarded to an eligible student to pursue higher education in a field of study determined by the Board as critical to national and economic development.
(2) In determining the fields of study, the Board shall be guided by key development areas as specified in the National Development Plan.
(3) A scholarship may cover the following-
(a) tuition fees;
(b) functional fees;
(c) books and reading materials;
(d) accommodation fees;
(e) meals;

13 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

19. Bilateral scholarships

Bilateral scholarships may be awarded subject to conditions agreed upon by the donor country and the Government of Uganda

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Bilateral scholarships”.

“Bilateral scholarships may be awarded subject to conditions agreed upon by the donor country and the Government of Uganda”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Bilateral scholarships may be awarded subject to conditions agreed upon by the donor country and the Government of Uganda

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

20. Eligibility into the scheme

(1)

The scheme is only for Ugandan students seeking financial assistance to pursue an accredited course of study or programme of higher education in an accredited institution of higher learning recognized by the National Council for Higher Education.

(2)

In determining the eligibility into the scheme, the Board shall take into consideration the following -

(a)

regional balance;

(b)

gender;

(c)

socio economic needs; and

(d)

equity.

(3)

The Board may, by notice in the Gazette and a newspaper of wide national coverage, declare the programmes or courses of study to be funded in a particular academic year.

(4)

In determining the programmes or courses of study referred to in subsection (2), the Board shall take into account government policy regarding higher education.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Eligibility into the scheme”.

“(1) The scheme is only for Ugandan students seeking financial assistance to pursue an accredited course of study or programme of higher education in an accredited institution of higher learning recognized by the National Council for Higher Education.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

8

(1) The scheme is only for Ugandan students seeking financial assistance to pursue an accredited course of study or programme of higher education in an accredited institution of higher learning recognized by the National Council for Higher Education.
(2) In determining the eligibility into the scheme, the Board shall take into consideration the following -
(a) regional balance;
(b) gender;
(c) socio economic needs; and
(d) equity.
(3) The Board may, by notice in the Gazette and a newspaper of wide national coverage, declare the programmes or courses of study to be funded in a particular academic year.
(4) In determining the programmes or courses of study referred to in subsection (2), the Board shall take into account government policy regarding higher education.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

21. Application for loan or scholarship

(1)

an eligible student may, in a manner prescribed by the board apply to the board for a loan or scholarship.

(2)

Upon receipt of the application, the Board shall investigate and verify the information contained in the application.

(3)

The Board shall within twenty one working days determine the application and-

(a)

notify the applicant of the decision of the Board;

(b)

publish the list of all approved applicants on the website of the Board, in the gazette and at least two newspapers of wide national coverage.

(4)

Where the Board rejects an application, the Board shall give reasons to the applicant in writing where necessary.

(5)

A person aggrieved by a decision of the Board may appeal to the Minister within seven days after receipt of the notification in subsection (4).

(6)

The Minister shall determine the appeal within fourteen days after receiving the appeal.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Scope rule

This section defines when and how “Application for loan or scholarship” applies.

“(1) an eligible student may, in a manner prescribed by the board apply to the board for a loan or scholarship.”

Primary legislation Source quotation matched

Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

8

(1) an eligible student may, in a manner prescribed by the board apply to the board for a loan or scholarship.
(2) Upon receipt of the application, the Board shall investigate and verify the information contained in the application.
(3) The Board shall within twenty one working days determine the application and-
(a) notify the applicant of the decision of the Board;
(b) publish the list of all approved applicants on the website of the Board, in the gazette and at least two newspapers of wide national coverage.
(4) Where the Board rejects an application, the Board shall give reasons to the applicant in writing where necessary.
(5) A person aggrieved by a decision of the Board may appeal to the Minister within seven days after receipt of the notification in subsection (4).
(6) The Minister shall determine the appeal within fourteen days after receiving the appeal.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

22. Undertaking by approved applicants

(1)

The Board shall within seven days after the notification and publication referred to in section 21 invite the approved applicants to enter into an undertaking with the Board.

(2)

The undertaking shall be as specified in Schedule 4 and shall specify the amount of the loan approved or scholarship awarded to the applicant.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Undertaking by approved applicants”.

“(1) The Board shall within seven days after the notification and publication referred to in section 21 invite the approved applicants to enter into an undertaking with the Board.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Board shall within seven days after the notification and publication referred to in section 21 invite the approved applicants to enter into an undertaking with the Board.
(2) The undertaking shall be as specified in Schedule 4 and shall specify the amount of the loan approved or scholarship awarded to the applicant.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 21 · Application for loan or scholarship

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

23. Repayment of student loan

(1)

A person who has received a student loan shall start repaying the loan with the specified interest at least one year after completing the higher education for which the loan was given.

(2)

For the avoidance of doubt, subsection (1) shall apply whether the person is employed or not.

(3)

Without prejudice to subsection (1) a person who has received a student loan may start repaying the loan before the time specified in subsection (1).

(4)

The Board shall within thirty days after the time specified in subsection (1), in writing inform the person who received a student loan to start repayment as required by this Act.

(5)

Where a person has no income for the repayment of the student loan, the person shall within fourteen days after receiving the notice under subsection (4) in the prescribed manner, inform the Board accordingly.

(6)

The Board may after verifying the information contained in the notice under subsection (4), extend the time under subsection (1) in respect of that person.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Repayment of student loan”.

“(1) A person who has received a student loan shall start repaying the loan with the specified interest at least one year after completing the higher education for which the loan was given.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(1) A person who has received a student loan shall start repaying the loan with the specified interest at least one year after completing the higher education for which the loan was given.
(2) For the avoidance of doubt, subsection (1) shall apply whether the person is employed or not.
(3) Without prejudice to subsection (1) a person who has received a student loan may start repaying the loan before the time specified in subsection (1).
(4) The Board shall within thirty days after the time specified in subsection (1), in writing inform the person who received a student loan to start repayment as required by this Act.
(5) Where a person has no income for the repayment of the student loan, the person shall within fourteen days after receiving the notice under subsection (4) in the prescribed manner, inform the Board accordingly.
(6) The Board may after verifying the information contained in the notice under subsection (4), extend the time under subsection (1) in respect of that person.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

24. Student loan repayment schedule

(1)

The Board shall determine the schedule and installments for the repayment of the student loan and shall notify the person and the employer of the rate of deduction in respect of that person.

(2)

The repayment of a student loan shall be charged on the salary or wages or income of the person who received the student loan.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Student loan repayment schedule”.

“(1) The Board shall determine the schedule and installments for the repayment of the student loan and shall notify the person and the employer of the rate of deduction in respect of that person.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Board shall determine the schedule and installments for the repayment of the student loan and shall notify the person and the employer of the rate of deduction in respect of that person.
(2) The repayment of a student loan shall be charged on the salary or wages or income of the person who received the student loan.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

25. Student loan beneficiary to inform the Board

(1)

A person who has benefited from a student loan shall within fourteen days inform the Board of any employment in which the person is engaged.

(2)

A person who contravenes the provision of this section commits an offence and is liable on conviction to a fine not exceeding fifty currency points or imprisonment of six months or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Student loan beneficiary to inform the Board”.

“(1) A person who has benefited from a student loan shall within fourteen days inform the Board of any employment in which the person is engaged.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) A person who has benefited from a student loan shall within fourteen days inform the Board of any employment in which the person is engaged.
(2) A person who contravenes the provision of this section commits an offence and is liable on conviction to a fine not exceeding fifty currency points or imprisonment of six months or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

26. Deductions by employer

(1)

Every employer who employs a person, whose loan is due for repayment, shall, every month deduct the amount specified by the Board from the salary or income of that person for purposes of repaying the student loan.

(2)

A deduction under subsection (1) shall not exceed thirty percent of the net salary or income of the employee.

(3)

A person who employs a person who has received a student loan shall within fourteen days, in the prescribed form, notify the Board specifying the position and salary of the person.

(4)

For purposes of this section, the Board may direct an employer to deduct a specified amount from the salary of an employee where the employer or employee has not informed the Board of the employment.

(5)

An employer who knowingly does not-

(a)

deduct or remit the loan repayments in accordance with this section;

(b)

notify the Board of the employment of a person who has received a student loan, commits an offence and is liable on conviction to a fine not exceeding two hundred and forty currency points or imprisonment not exceeding ten years or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Deductions by employer”.

“(1) Every employer who employs a person, whose loan is due for repayment, shall, every month deduct the amount specified by the Board from the salary or income of that person for purposes of repaying the student loan.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

7

(1) Every employer who employs a person, whose loan is due for repayment, shall, every month deduct the amount specified by the Board from the salary or income of that person for purposes of repaying the student loan.
(2) A deduction under subsection (1) shall not exceed thirty percent of the net salary or income of the employee.
(3) A person who employs a person who has received a student loan shall within fourteen days, in the prescribed form, notify the Board specifying the position and salary of the person.
(4) For purposes of this section, the Board may direct an employer to deduct a specified amount from the salary of an employee where the employer or employee has not informed the Board of the employment.
(5) An employer who knowingly does not-
(a) deduct or remit the loan repayments in accordance with this section;
(b) notify the Board of the employment of a person who has received a student loan, commits an offence and is liable on conviction to a fine not exceeding two hundred and forty currency points or imprisonment not exceeding ten years or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

27. Early repayment

A person who wishes to make early repayment shall repay the student loan in a manner determined by the Board

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Early repayment”.

“A person who wishes to make early repayment shall repay the student loan in a manner determined by the Board”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

A person who wishes to make early repayment shall repay the student loan in a manner determined by the Board

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

28. Priority of student loan over other deductions

(1)

Subject to subsection (2) a student loan shall take priority over all deductions.

(2)

Taxes and other statutory deductions shall be deducted before deducting any income of the beneficiary, for the repayment of a student loan.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Priority of student loan over other deductions”.

“(1) Subject to subsection (2) a student loan shall take priority over all deductions.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Subject to subsection (2) a student loan shall take priority over all deductions.
(2) Taxes and other statutory deductions shall be deducted before deducting any income of the beneficiary, for the repayment of a student loan.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

29. Higher education students financing Fund

(1)

There is established a higher education students financing Fund.

(2)

The Fund shall consist of-

(a)

money appropriated by Parliament for the purposes of the scheme;

(b)

grants, donations, endowments or loans received by the Board;

(c)

repayments and interest on loans granted;

(d)

loan protection fees charged in accordance with section 30 ;

(e)

fees charged for the services rendered by the Board;

(f)

proceeds from any investment undertaken by the board.

(3)

The Fund shall be administered by the Board.

(4)

The Fund shall be used to finance the higher education students financing scheme.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Higher education students financing Fund”.

“(1) There is established a higher education students financing Fund.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

10

(1) There is established a higher education students financing Fund.
(2) The Fund shall consist of-
(a) money appropriated by Parliament for the purposes of the scheme;
(b) grants, donations, endowments or loans received by the Board;
(c) repayments and interest on loans granted;
(d) loan protection fees charged in accordance with section 30;
(e) fees charged for the services rendered by the Board;
(f) proceeds from any investment undertaken by the board.

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 30 · Loan protection fees

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

30. Loan protection fees

(1)

The Board may levy a loan protection fee on the gross approved loan amount in respect of each student loan.

(2)

The amount of the loan protection fees shall be determined by the Minister in consultation with the Minister responsible for finance.

(3)

The amount of the loan protection fees shall not exceed the percentage specified in Schedule 5.

(4)

The borrower of the funds shall subscribe to a loan protection fee which shall indemnify the borrower against payment of outstanding debt to the fund as a result of death or permanent disability.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Loan protection fees”.

“(1) The Board may levy a loan protection fee on the gross approved loan amount in respect of each student loan.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) The Board may levy a loan protection fee on the gross approved loan amount in respect of each student loan.
(2) The amount of the loan protection fees shall be determined by the Minister in consultation with the Minister responsible for finance.
(3) The amount of the loan protection fees shall not exceed the percentage specified in Schedule 5.
(4) The borrower of the funds shall subscribe to a loan protection fee which shall indemnify the borrower against payment of outstanding debt to the fund as a result of death or permanent disability.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

31. Power to open and operate bank accounts

(1)

The Board shall open and maintain bank accounts as are necessary for the performance of the functions of the Board.

(2)

The bank accounts shall be operated in a manner determined by the Board.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Power to open and operate bank accounts”.

“(1) The Board shall open and maintain bank accounts as are necessary for the performance of the functions of the Board.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Board shall open and maintain bank accounts as are necessary for the performance of the functions of the Board.
(2) The bank accounts shall be operated in a manner determined by the Board.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

32. Estimates of income and expenditure

(1)

The Board shall, in not less than two months, before the beginning of each financial year, prepare and submit to the Minister for approval, a budget containing the estimates of income and expenditure of the Board for the next financial year.

(2)

The Board shall not incur any expenditure exceeding the budget without the written approval of the Minister.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Estimates of income and expenditure”.

“(1) The Board shall, in not less than two months, before the beginning of each financial year, prepare and submit to the Minister for approval, a budget containing the estimates of income and expenditure of the Board for the next financial year.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Board shall, in not less than two months, before the beginning of each financial year, prepare and submit to the Minister for approval, a budget containing the estimates of income and expenditure of the Board for the next financial year.
(2) The Board shall not incur any expenditure exceeding the budget without the written approval of the Minister.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

33. Application of Board funds

(1)

The funds of the Board may be applied to the payment or discharge of expenses, obligations, including international obligations, or liabilities incurred in connection with the performance of the functions or exercise of the powers of the Board.

(2)

Notwithstanding subsection(1) the funds of the board may be applied to the payment of any remuneration or allowances payable under this Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Scope rule

This section defines when and how “Application of Board funds” applies.

“(1) The funds of the Board may be applied to the payment or discharge of expenses, obligations, including international obligations, or liabilities incurred in connection with the performance of the functions or exercise of the powers of the Board.”

Primary legislation Source quotation matched

Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The funds of the Board may be applied to the payment or discharge of expenses, obligations, including international obligations, or liabilities incurred in connection with the performance of the functions or exercise of the powers of the Board.
(2) Notwithstanding subsection(1) the funds of the board may be applied to the payment of any remuneration or allowances payable under this Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

34. Investment of surplus funds

(1)

The Board shall declare to the Minister any surplus funds that the Board may have at the end of the financial year.

(2)

Any funds of the Board not immediately required for any purpose under this Act, may be invested-

(a)

on a fixed deposit account with a bank approved by the Board;

(b)

in treasury bills and securities of the Government;

(c)

in any other manner determined by the Board with the approval of the Minister.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Investment of surplus funds”.

“(1) The Board shall declare to the Minister any surplus funds that the Board may have at the end of the financial year.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(1) The Board shall declare to the Minister any surplus funds that the Board may have at the end of the financial year.
(2) Any funds of the Board not immediately required for any purpose under this Act, may be invested-
(a) on a fixed deposit account with a bank approved by the Board;
(b) in treasury bills and securities of the Government;
(c) in any other manner determined by the Board with the approval of the Minister.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

35. Financial year of the Board

The financial year of the Board is the period of twelve months beginning on the 1st day of July in each year, and ending on the 30th day of June in the next calendar year.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Governing rule

This section states the governing statutory rule for “Financial year of the Board”.

“The financial year of the Board is the period of twelve months beginning on the 1st day of July in each year, and ending on the 30th day of June in the next calendar year.”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Financial year of the Board”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

36. Accounts

(1)

The Board shall keep proper books of accounts and all records relating to the transactions and affairs of the Board

(2)

The Board shall within three months after the end of the financial year, prepare annual financial statements for the preceding financial year.

(3)

The Board shall within three months after the end of each financial year, submit the annual accounts to the Auditor General.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Accounts”.

“(1) The Board shall keep proper books of accounts and all records relating to the transactions and affairs of the Board”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) The Board shall keep proper books of accounts and all records relating to the transactions and affairs of the Board
(2) The Board shall within three months after the end of the financial year, prepare annual financial statements for the preceding financial year.
(3) The Board shall within three months after the end of each financial year, submit the annual accounts to the Auditor General.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

37. Audit

The Auditor General or an auditor appointed by the Auditor General shall within three months after receipt of the accounts submit to the Minister and Parliament a report on the audited accounts of the Board

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Audit”.

“The Auditor General or an auditor appointed by the Auditor General shall within three months after receipt of the accounts submit to the Minister and Parliament a report on the audited accounts of the Board”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Auditor General or an auditor appointed by the Auditor General shall within three months after receipt of the accounts submit to the Minister and Parliament a report on the audited accounts of the Board

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

38. False statements by applicants

An applicant who makes a false statement to the Board or in any document submitted to the Board commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or to imprisonment not exceeding twenty four months or to both

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “False statements by applicants”.

“An applicant who makes a false statement to the Board or in any document submitted to the Board commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or to imprisonment not exceeding twenty four months or to both”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

39. General penalty

A person, who contravenes any of the provisions of this Act, where no specific punishment is prescribed, commits an offence and is liable on conviction to a fine not exceeding fifty currency points or imprisonment of six months, or both

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “General penalty”.

“A person, who contravenes any of the provisions of this Act, where no specific punishment is prescribed, commits an offence and is liable on conviction to a fine not exceeding fifty currency points or imprisonment of six months, or both”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

A person, who contravenes any of the provisions of this Act, where no specific punishment is prescribed, commits an offence and is liable on conviction to a fine not exceeding fifty currency points or imprisonment of six months, or both

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

40. Appeals

(1)

A person aggrieved by the decision of the Board may appeal to the Minister; and

(2)

A person aggrieved by the decision of the Minister may appeal to the High Court within one month.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Appeals”.

“(1) A person aggrieved by the decision of the Board may appeal to the Minister; and”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) A person aggrieved by the decision of the Board may appeal to the Minister; and
(2) A person aggrieved by the decision of the Minister may appeal to the High Court within one month.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

41. Regulations

(1)

The Minister may on the recommendation of the Board, by statutory instrument, make regulations for better carrying into effect the provisions of this Act.

(2)

Without prejudice to subsection (1), the Minister may make regulations prescribing the-

(a)

procedure and form for applying for a loan or scholarship;

(b)

fees payable for applications or services under this Act;

(c)

procedure for the disbursement of a loan or scholarship;

(d)

procedures and mechanisms for early repayment of loans;

(e)

matters to be taken in to account by the Board when determining applications;

(f)

form of documents or notices required or provided for this Act;

(g)

manner of repaying loans by students who do not complete a course of study or programme funded by the Board; and

(h)

conditions regarding change of programme or course of study.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Regulations”.

“(1) The Minister may on the recommendation of the Board, by statutory instrument, make regulations for better carrying into effect the provisions of this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

10

(1) The Minister may on the recommendation of the Board, by statutory instrument, make regulations for better carrying into effect the provisions of this Act.
(2) Without prejudice to subsection (1), the Minister may make regulations prescribing the-
(a) procedure and form for applying for a loan or scholarship;
(b) fees payable for applications or services under this Act;
(c) procedure for the disbursement of a loan or scholarship;
(d) procedures and mechanisms for early repayment of loans;
(e) matters to be taken in to account by the Board when determining applications;
(f) form of documents or notices required or provided for this Act;

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

42. Management of existing scholarships

(1)

All scholarships currently offered by the Government of Uganda, including bilateral scholarships, existing immediately before the commencement of this Act shall vest in the Board.

(2)

The central scholarship committee of the Ministry of education and Sports existing immediately before the commencement of this Act shall cease to exist on such a date as the Minister may by statutory instrument publish in the gazette.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Management of existing scholarships”.

“(1) All scholarships currently offered by the Government of Uganda, including bilateral scholarships, existing immediately before the commencement of this Act shall vest in the Board.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) All scholarships currently offered by the Government of Uganda, including bilateral scholarships, existing immediately before the commencement of this Act shall vest in the Board.
(2) The central scholarship committee of the Ministry of education and Sports existing immediately before the commencement of this Act shall cease to exist on such a date as the Minister may by statutory instrument publish in the gazette.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

43. Transfer of assets and liabilities

All movable and immovable property, assets and liabilities of the scheme which immediately before the commencement of this Act vested in the student loan task force of the Ministry responsible for Education and Sports shall vest in the Board

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Transfer of assets and liabilities”.

“All movable and immovable property, assets and liabilities of the scheme which immediately before the commencement of this Act vested in the student loan task force of the Ministry responsible for Education and Sports shall vest in the Board”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

All movable and immovable property, assets and liabilities of the scheme which immediately before the commencement of this Act vested in the student loan task force of the Ministry responsible for Education and Sports shall vest in the Board

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

44. Amendment of Schedules

The Minister may by statutory instrument amend a Schedule to this Act Schedule 1 (Section 1 )

Currency point One currency point is equivalent to twenty thousand shillings.

Schedule 2 (Section 3(3) )

Seal of the Board

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Amendment of Schedules”.

“The Minister may by statutory instrument amend a Schedule to this Act Schedule 1 (Section 1)”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Minister may by statutory instrument amend a Schedule to this Act Schedule 1 (Section 1)

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 1 · Interpretation Section 3 · Establishment of Higher Education Students Financing Board

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

1. The common seal of

the Board shall be determined by the Board and shall be kept in the custody of the Executive Director

2. The common seal shall

when affixed to any document, be authenticated by the signatures of the Chairperson and the Executive Director

3. In the absence of

the Chairperson or when the Chairperson is unable to perform this function, two other members of the Board appointed for that purpose shall sign in the place of the Chairperson

4. A person performing the functions of

the Executive Director shall sign in the absence of the Executive Director

5. A contract or instrument which if entered into or executed by

a person not being a body corporate would not be required to be under seal may be entered into or executed without seal on behalf of the Board by the Executive Director or any other person authorized in that behalf by the Board

6. Every document including that purporting to be

(a)

an instrument issued by the Board and sealed with the common seal of the Board and authenticated in the manner prescribed in paragraphs 2 to 4; or

(b)

a contract or instrument entered into or executed under paragraph 5, shall be received in evidence as such an instrument without further proof unless the contrary is proved.

Schedule 3 (Section 8(2) )

Meetings of the Board

1. Meetings of the Board

(1)

Meetings of the Board shall be convened by the Chairperson, and the Board shall meet for the transaction of business at such places and times as may be decided upon by the Board but in any case shall meet at least once every three months.

(2)

The Chairperson or, in the absence of the Chairperson, a member appointed by the Board to act in the Chairperson's place may at any time call a special meeting of the Board and shall call a special meeting upon a written request by a majority of the members of the Board.

(3)

The Chairperson shall preside at every meeting of the Board.

(4)

In the absence of the Chairperson, the members present may appoint a member from among themselves to preside at that meeting.

2. Quorum

The quorum at a meeting of the Board is five members.

3. Decisions of the Board

(1)

All questions proposed at a meeting of the Board shall be decided by a simple majority of the votes of the members present and voting; and in, case of an equality of votes, the person presiding shall have a casting vote in addition to that person's deliberative vote.

(2)

A decision may be made by the Board without meetings but by circulation of the relevant papers among the members and by the expression of the views of the majority of the members in writing; however, any member shall be entitled to require that the decision be differed and the matter on which a decision is sought be considered at a meeting of the Board.

4. Board may co-opt members

The Board may invite any person to attend any of its meetings as a consultant and may co-opt any person to the Board but that person shall not vote on any matter before the Board.

5. Declaration of interest

(1)

Any member of the Board having pecuniary or other interest, directly or indirectly in any contract or proposed contract or other matter before the Board shall, at that meeting, declare the nature of such interest and shall not take part in any discussion or vote on that matter, and if the Chairperson directs, the person shall withdraw from that meeting.

(2)

The failure of any member of the Board to disclose an interest in any contract or proposed contract or any other matter before the Board will cause the decision of the Board to be voidable at the instance of the other members of the Board, and that member shall be liable to be relieved of his or her duties.

(3)

For purposes of determining whether there is a quorum, a member withdrawing from a meeting or who is not taking part under subparagraph (1) shall be treated as being present.

6. Board may regulate its procedure

Subject to this Act, the Board may regulate its own procedure and may make rules regarding the holding of meetings, notice to be given, the keeping of minutes or any other matter relating to its meetings.

Schedule 4 (Section 22(2) )

Undertaking by applicant

Undertaking by the applicant (Under section 21 of the Higher Education Financing Act, 2013) I ____________________ (insert name of applicant) acknowledge that the student loan of ____________________ (specify amount of loan) approved by the Board shall be used to pursue ____________________ (specify course or programme of study) at ____________________ (specify institution)

I UNDERTAKE to repay the loan with the interest specified by the Board in accordance with Higher Education Students Financing Act.

I further undertake to abide by all obligations imposed upon me by the Board in accordance with the Act.

I understand that in default of repayment, the entire loan amount shall become due and repayable in accordance with the Act.

I consent to the Board sharing any information relating to me which I have submitted to the Board or obtained by the Board with any agency or body for the purpose ensuring repayment of the loan.

Name:____________________

Signature____________________

Date____________________

Schedule 5 (Section 30(3) )

Loan protection fees The amount of the loan protection fees shall not exceed one percent of the loan amount.

About this Act

Amendments

Full text of the Act

Part I

1. Interpretation

Part II

2. Establishment of Higher Education Students Financing Scheme

Part III

3. Establishment of Higher Education Students Financing Board

4. Composition and tenure of the Board

5. Functions of the Board

6. Powers of the Minister

7. Vacating office of member of the Board

8. Meetings of the Board

9. Remuneration of members of the Board

10. Committees of the Board

Part IV

11. Secretariat of the Board

12. Executive Director

13. Duties of the Executive Director

14. Other officers and staff of the Board

15. Protection of members and officers of the Board

Part V

16. Student loans

17. Interest on loan

18. Student scholarships

19. Bilateral scholarships

20. Eligibility into the scheme

21. Application for loan or scholarship

22. Undertaking by approved applicants

Part VI

23. Repayment of student loan

24. Student loan repayment schedule

25. Student loan beneficiary to inform the Board

26. Deductions by employer

27. Early repayment

28. Priority of student loan over other deductions

Part VII

29. Higher education students financing Fund

30. Loan protection fees

31. Power to open and operate bank accounts

32. Estimates of income and expenditure

33. Application of Board funds

34. Investment of surplus funds

35. Financial year of the Board

36. Accounts

37. Audit

Part VIII

38. False statements by applicants

39. General penalty

40. Appeals

41. Regulations

Part IX

42. Management of existing scholarships

43. Transfer of assets and liabilities

44. Amendment of Schedules

1. The common seal of

2. The common seal shall

3. In the absence of

4. A person performing the functions of

5. A contract or instrument which if entered into or executed by

6. Every document including that purporting to be

1. Meetings of the Board

2. Quorum

3. Decisions of the Board

4. Board may co-opt members

5. Declaration of interest

6. Board may regulate its procedure