HIV and AIDS Prevention and Control Act

Interpretation

In this Act, unless the context otherwise requires

"Acquired Immuno Deficiency Syndrome (AIDS)" means a condition characterised by a combination of signs and symptoms, resulting from suppression of the immune system caused by infection with the Human Immunodeficiency Virus (HIV);

"anonymous testing" refers to an HIV testing procedure where by the individual being tested does not reveal his or her true identity and an identifying number or symbol is used to substitute for the name and allows the laboratory conducting the test and the person on whom the test is conducted to match the test result with the identifying number or symbol;

"ART" means anti-retroviral therapy;

"ARVs" means anti-retroviral drugs that suppress HIV multiplication in the body of a person living with HIV;

"biomedical research" means-

(a)

the study of specific diseases and conditions (mental or physical), including detection, cause, prophylaxis, treatment and rehabilitation of persons;

(b)

the design of methods, drugs and devices used to diagnose, support and maintain the individual during and after treatment for specific diseases or conditions; or

(c)

the scientific investigation required to understand the underlying life processes which affect disease and human well-being, including such areas as cellular and molecular bases of diseases, genetics, immunology;

"counsellor" means a person who has undergone an HIV and AIDS counselling course approved by the Minister;

"court" means a chief magistrate's court or magistrate grade I court;

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

"disclosure" means the act or process of making known something that was previously unknown, a revelation of facts;

"discordance" means a situation where one of the partners in a sexual relationship is HIV positive and the other is HIV negative;

"discrimination" means an act of alienation, refusal, isolation, maltreatment, disgrace, prejudice or restriction of rights towards another person because of the awareness or suspicion that such person is living with HIV and AIDS or has a close relationship with a person living with HIV or a person suspected of living with HIV;

"essential and non-essential drugs" shall be as determined by the Minister;

"Fund" means the HIV and AIDS Trust Fund established by section 25 ;

"guardian" means a person who has the legal responsibility for providing the care and management of a person who is incapable, either due to age, or to some other physical, mental or emotional impairment, of administering his or her own affairs;

"health institution" includes a public or private hospital, clinic, nursing home, maternity centre, medical laboratory, blood bank or other specialised establishment of the same nature;

"health practitioner" includes medical practitioner, other qualified officer and counsellor;

"health unit" includes a public or private hospital, health centre, clinic, nursing home, maternity centre or other specialised establishment of the same nature;

"HIV testing" means the application of medical professional techniques to determine the status of HIV infection in samples of blood or other fluid or tissue from a human body;

"Human Immunodeficiency Virus (HIV)" is the virus that causes immune deficiency syndrome in humans;

"informed consent" means consent given specifically to a proposed intervention, without any force, undue influence, fraud, threat, mistake or misrepresentation and obtained after disclosing to the person giving consent, adequate information including risks and benefits of and alternatives to the proposed intervention in a language and manner understood by the person;

"medical practitioner" means a person registered under the Medical and Dental Practitioners Act to practice medicine, surgery or dentistry;

"Minister" means the Minister responsible for health;

"minor" means a person who is below the age of twelve years;

"other qualified officer" includes an allied health professional registered under the Allied Health Professionals Act, nurse or midwife registered or enrolled under the Nurses and Midwives Act and any other person as the Minister may by statutory instrument prescribe;

"partner" means a spouse or a person with whom a person is having a sexual relationship;

"sexual offence" includes rape, defilement and incest;

"skin penetrative instrument" includes any sharp object, razor blade, safety pin, syringe, tattooing equipment and any surgical tool.

Section analysis 2 source-matched judicial passages 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 "Acquired Immuno Deficiency Syndrome (AIDS)" means a condition characterised by a combination of signs and symptoms, resulting from suppression of the immune system caused by infection with the Human Immunodeficiency Virus (HIV);”

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.

26

"anonymous testing" refers to an HIV testing procedure where by the individual being tested does not reveal his or her true identity and an identifying number or symbol is used to substitute for the name and allows the laboratory conducting the test and the person on whom the test is conducted to match the test result with the identifying number or symbol;
"ART" means anti-retroviral therapy;
"ARVs" means anti-retroviral drugs that suppress HIV multiplication in the body of a person living with HIV;
"biomedical research" means-
"counsellor" means a person who has undergone an HIV and AIDS counselling course approved by the Minister;
"court" means a chief magistrate's court or magistrate grade I court;
"currency point" has the value assigned to it in Schedule 1 to this Act;
"disclosure" means the act or process of making known something that was previously unknown, a revelation of facts;

18 further items remain in the statutory text above.

Judicial interpretation

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

2

High Court — persuasive authority ✓ Source matched

Counsel for the Applicant went ahead and cited Section 1 of the HIV and AIDS Prevention and Control Act 2015 for the interpretation for the term "court" to mean a ChiefMagistrate, or Magistrate Grade 1 court.

The AIDS Support Organisation (TASO) (U) Ltd v Wataka John (Miscellaneous Application No. 116 of 2023) [2024] UGHC 1345 (31 January 2024)

[2024] UGHC 1345 · High Court · 2024-01-31

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

High Court — persuasive authority ✓ Source matched

Counsel for the Applicant wen t ahead and cited Section 1 of the HIV and AIDS Prevention and Control Act 2015 for the interpretation for the term "court" to mean a Chief Magistrate, or Magistrate Grade I court.

The Aids Support Organisation (TASO) Limited v Wataka (Miscellaneous Application 116 of 2023) [2024] UGHC 34 (31 January 2024)

[2024] UGHC 34 · High Court · 2024-01-31

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

Section 25 · Establishment of HIV and AIDS Trust Fund Allied Health Professionals Act Medical and Dental Practitioners Act Nurses and Midwives Act

Amendment notes

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

Reasonable care to be taken to avoid transmission of HIV

(1)

A person shall take reasonable steps and precaution to protect himself or herself and others from HIV infection.

(2)

A person shall use protective measures to protect himself or herself and others from infection with HIV during sexual intercourse.

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 “Reasonable care to be taken to avoid transmission of HIV”.

“(1) A person shall take reasonable steps and precaution to protect himself or herself and others from HIV infection.”

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) A person shall take reasonable steps and precaution to protect himself or herself and others from HIV infection.
(2) A person shall use protective measures to protect himself or herself and others from infection with HIV during sexual intercourse.

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.

Pre-test and post-test HIV counselling

(1)

A health unit which carries out an HIV test shall in all cases provide pre-test and post-test counselling to a person undergoing an HIV test.

(2)

A health unit may, where necessary and with the consent of the person tested, require the attendance of any other person likely to be affected by the results of the test.

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 “Pre-test and post-test HIV counselling”.

“(1) A health unit which carries out an HIV test shall in all cases provide pre-test and post-test counselling to a person undergoing an HIV test.”

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 health unit which carries out an HIV test shall in all cases provide pre-test and post-test counselling to a person undergoing an HIV test.
(2) A health unit may, where necessary and with the consent of the person tested, require the attendance of any other person likely to be affected by the results of the test.

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.

Counselling to be conducted by trained HIV counsellors

Counselling of any person under this Act shall only be conducted by a medical practitioner, other qualified officer or counsellor

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 “Counselling to be conducted by trained HIV counsellors”.

“Counselling of any person under this Act shall only be conducted by a medical practitioner, other qualified officer or counsellor”

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

Counselling of any person under this Act shall only be conducted by a medical practitioner, other qualified officer or counsellor

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.

Nature of pre-test counselling

A counsellor shall provide pre-test counselling to a person who has consented to be tested for HIV which shall include (a) information pertaining to the nature of HIV transmission;

(b)

the importance of having an HIV test;

(c)

an explanation of the informed consent form;

(d)

client-centred information tailored to the behaviour, circumstances and special needs of the person to be tested;

(e)

personalised risk assessment;

(f)

possible results and how to handle the situation to reduce transmission; and

(g)

such other relevant information as the counsellor may deem necessary.

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 “Nature of pre-test counselling”.

“A counsellor shall provide pre-test counselling to a person who has consented to be tested for HIV which shall include (a) information pertaining to the nature of HIV transmission;”

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

(b) the importance of having an HIV test;
(c) an explanation of the informed consent form;
(d) client-centred information tailored to the behaviour, circumstances and special needs of the person to be tested;
(e) personalised risk assessment;
(f) possible results and how to handle the situation to reduce transmission; and
(g) such other relevant information as the counsellor may deem necessary.

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.

Nature of post-test counselling

(1)

A counsellor shall provide post-test counselling to a person whose HIV test results are negative and the post-test counselling shall include-

(a)

the test results and their implications;

(b)

the importance of further testing; and

(c)

continuing necessity of taking protective measures to avoid contracting HIV.

(2)

A counsellor shall as soon as practicable provide counselling to a person whose HIV test results are positive and the post-test counselling shall include-

(a)

the test results and their implications;

(b)

the infectious nature of the virus and types of the disease and measures to prevent transmission;

(c)

referral to medical and social services;

(d)

the importance of notifying his or her partner;

(e)

the importance of notifying persons in close or continuous contact, of his or her posing danger of infection;

(f)

continuing necessity of taking protective measures to avoid contracting other types of infection; and

(g)

such other information as the counsellor may deem necessary.

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 “Nature of post-test counselling”.

“(1) A counsellor shall provide post-test counselling to a person whose HIV test results are negative and the post-test counselling shall include-”

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.

12

(1) A counsellor shall provide post-test counselling to a person whose HIV test results are negative and the post-test counselling shall include-
(a) the test results and their implications;
(b) the importance of further testing; and
(c) continuing necessity of taking protective measures to avoid contracting HIV.
(2) A counsellor shall as soon as practicable provide counselling to a person whose HIV test results are positive and the post-test counselling shall include-
(a) the test results and their implications;
(b) the infectious nature of the virus and types of the disease and measures to prevent transmission;
(c) referral to medical and social services;

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.

Continuous counselling

A health unit shall, after the post-test counselling, offer continuous counselling sessions to a person whose test results are HIV positive to enable the person to effectively cope with his or her HIV status

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 “Continuous counselling”.

“A health unit shall, after the post-test counselling, offer continuous counselling sessions to a person whose test results are HIV positive to enable the person to effectively cope with his or her HIV status”

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 health unit shall, after the post-test counselling, offer continuous counselling sessions to a person whose test results are HIV positive to enable the person to effectively cope with his or her HIV status

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.

HIV testing services

(1)

A health unit may offer HIV testing services to a person.

(2)

The identity of a person tested under subsection (1) shall be maintained at the health unit and shall not be disclosed or released to any person except in accordance with the law and medical standards of disclosing or releasing personal medical information.

(3)

The performance of a test shall be carried out by a medical practitioner or other qualified officer.

(4)

Any person who contravenes this section commits an offence.

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 “HIV testing services”.

“(1) A health unit may offer HIV testing services to a person.”

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.

4

(1) A health unit may offer HIV testing services to a person.
(2) The identity of a person tested under subsection (1) shall be maintained at the health unit and shall not be disclosed or released to any person except in accordance with the law and medical standards of disclosing or releasing personal medical information.
(3) The performance of a test shall be carried out by a medical practitioner or other qualified officer.
(4) Any person who contravenes this section commits an offence.

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.

Voluntary HIV testing

A person may take a voluntary HIV test if that person gives his or her informed consent

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 “Voluntary HIV testing”.

“A person may take a voluntary HIV test if that person gives his or her informed consent”

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

A person may take a voluntary HIV test if that person gives his or her informed consent

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.

Persons incapable of giving informed consent to HIV testing

(1)

A person incapable of giving informed consent under section 9 may be tested for HIV if his or her parent, guardian, next of kin, caretaker or agent gives informed consent.

(2)

For purposes of subsection (1), a person is incapable of giving informed consent if that person is-

(a)

unconscious;

(b)

suffering from mental illness;

(c)

a minor; or

(d)

suffering from any impairment rendering him or her incapable of giving his or her informed consent.

(3)

The informed consent shall be in the form specified in Schedule 2 to 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

Statutory power

This section confers or regulates the statutory power described as “Persons incapable of giving informed consent to HIV testing”.

“(1) A person incapable of giving informed consent under section 9 may be tested for HIV if his or her parent, guardian, next of kin, caretaker or agent gives informed consent.”

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.

7

(1) A person incapable of giving informed consent under section 9 may be tested for HIV if his or her parent, guardian, next of kin, caretaker or agent gives informed consent.
(2) For purposes of subsection (1), a person is incapable of giving informed consent if that person is-
(a) unconscious;
(b) suffering from mental illness;
(c) a minor; or
(d) suffering from any impairment rendering him or her incapable of giving his or her informed consent.
(3) The informed consent shall be in the form specified in Schedule 2 to 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

Section 9 · Voluntary HIV testing

Amendment notes

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

Consent to test for HIV may be dispensed with

Consent to HIV test under section 9 and 10 may be dispensed with where (a) it is unreasonably withheld; or

(b)

in an emergency due to grave medical or psychiatric condition, and the medical practitioner or other qualified officer reasonably believes that such a test is clinically necessary or desirable in the interest 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 “Consent to test for HIV may be dispensed with”.

“Consent to HIV test under section 9 and 10 may be dispensed with where (a) it is unreasonably withheld; or”

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

(b) in an emergency due to grave medical or psychiatric condition, and the medical practitioner or other qualified officer reasonably believes that such a test is clinically necessary or desirable in the interest 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

Section 9 · Voluntary HIV testing Section 10 · Persons incapable of giving informed consent to HIV testing

Amendment notes

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

HIV testing of persons charged with sexual offences

A person who is apprehended for a sexual offence shall be subjected to HIV testing for purposes of criminal proceedings and investigations

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 “HIV testing of persons charged with sexual offences”.

“A person who is apprehended for a sexual offence shall be subjected to HIV testing for purposes of criminal proceedings and investigations”

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 is apprehended for a sexual offence shall be subjected to HIV testing for purposes of criminal proceedings and investigations

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.

Routine HIV testing

The following persons shall be subjected to routine HIV test for purposes of prevention of HIV transmission (a) the victim of a sexual offence;

(b)

a pregnant woman; and

(c)

a partner of a pregnant woman.

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 “Routine HIV testing”.

“The following persons shall be subjected to routine HIV test for purposes of prevention of HIV transmission (a) the victim of a sexual offence;”

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

(b) a pregnant woman; and
(c) a partner of a pregnant woman.

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.

HIV testing under court order

Notwithstanding section 9 , a person may be subjected to an HIV test under a court order

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 “HIV testing under court order”.

“Notwithstanding section 9, a person may be subjected to an HIV test under a court order”

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

Notwithstanding section 9, a person may be subjected to an HIV test under a court order

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 9 · Voluntary HIV testing

Amendment notes

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

Provision of appropriate treatment to HIV positive pregnant woman

(1)

A pregnant woman who is tested and found to be HIV positive under section 13 shall be entitled to treatment, care and support, and routine medication to prevent transmission of HIV to the child.

(2)

A partner of an HIV positive pregnant woman shall be given treatment, care, support or routine medication.

(3)

A child who is born to an HIV positive mother shall be given immediate treatment, care and support and routine medication.

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 “Provision of appropriate treatment to HIV positive pregnant woman”.

“(1) A pregnant woman who is tested and found to be HIV positive under section 13 shall be entitled to treatment, care and support, and routine medication to prevent transmission of HIV to the child.”

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) A pregnant woman who is tested and found to be HIV positive under section 13 shall be entitled to treatment, care and support, and routine medication to prevent transmission of HIV to the child.
(2) A partner of an HIV positive pregnant woman shall be given treatment, care, support or routine medication.
(3) A child who is born to an HIV positive mother shall be given immediate treatment, care and support and routine medication.

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 13 · Routine HIV testing

Amendment notes

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

Testing of new born child exposed to HIV

(1)

A child born of a mother who is HIV positive shall be tested for HIV as soon as it is medically practical.

(2)

A child who tests HIV positive under subsection (1) shall be given HIV treatment, care and support.

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 “Testing of new born child exposed to HIV”.

“(1) A child born of a mother who is HIV positive shall be tested for HIV as soon as it is medically practical.”

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) A child born of a mother who is HIV positive shall be tested for HIV as soon as it is medically practical.
(2) A child who tests HIV positive under subsection (1) shall be given HIV treatment, care and support.

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.

Efficiency to be ensured in testing

(1)

A health unit, medical practitioner or other qualified officer involved in HIV testing shall take reasonable measures to ensure that the testing process is carried out efficiently in accordance with standards prescribed by the Minister.

(2)

Any person who contravenes subsection (1) shall be liable to a civil wrong.

(3)

Notwithstanding subsection (2), a person may be charged with a criminal offence.

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 “Efficiency to be ensured in testing”.

“(1) A health unit, medical practitioner or other qualified officer involved in HIV testing shall take reasonable measures to ensure that the testing process is carried out efficiently in accordance with standards prescribed by 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.

3

(1) A health unit, medical practitioner or other qualified officer involved in HIV testing shall take reasonable measures to ensure that the testing process is carried out efficiently in accordance with standards prescribed by the Minister.
(2) Any person who contravenes subsection (1) shall be liable to a civil wrong.
(3) Notwithstanding subsection (2), a person may be charged with a criminal offence.

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.

Disclosure or release of HIV test results

(1)

The results of an HIV test shall be confidential and shall only be disclosed or released by a medical practitioner or other qualified officer to the person tested.

(2)

Notwithstanding subsection (1), the results of an HIV test may be disclosed or released to-

(a)

a parent or guardian of a minor;

(b)

a parent or guardian of a person suffering from mental illness;

(c)

a legal administrator or guardian, with the written consent of the person tested;

(d)

a medical practitioner or other qualified officer who is directly involved in the treatment or counselling of that person, where the HIV status is clinically relevant;

(e)

any other person with whom an HIV infected person is in close or continuous contact including a sexual partner, if the nature of contact, in the opinion of the medical practitioner or other qualified officer, poses a clear and present danger of HIV transmission to that person;

(f)

a person authorised by this Act or any other law;

(g)

any other person as may be authorised by a court; or

(h)

any person exposed to blood or body fluid of a person tested.

(3)

Subject to subsection (4), a parent or guardian of a minor shall inform the minor who tests HIV positive of his or her status as soon as it is practical.

(4)

A parent or guardian of a minor shall ensure that before the minor is informed of his or her HIV positive results, he or she receives counselling.

(5)

Nothing in this section shall prevent disclosure of statistical information in relation to HIV test results.

(6)

Subsection (1)(e) shall not apply where a partner of a pregnant woman refuses to go for HIV testing.

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 “Disclosure or release of HIV test results”.

“(1) The results of an HIV test shall be confidential and shall only be disclosed or released by a medical practitioner or other qualified officer to the person tested.”

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.

14

(1) The results of an HIV test shall be confidential and shall only be disclosed or released by a medical practitioner or other qualified officer to the person tested.
(2) Notwithstanding subsection (1), the results of an HIV test may be disclosed or released to-
(a) a parent or guardian of a minor;
(b) a parent or guardian of a person suffering from mental illness;
(c) a legal administrator or guardian, with the written consent of the person tested;
(d) a medical practitioner or other qualified officer who is directly involved in the treatment or counselling of that person, where the HIV status is clinically relevant;
(e) any other person with whom an HIV infected person is in close or continuous contact including a sexual partner, if the nature of contact, in the opinion of the medical practitioner or other qualified officer, poses a clear and present danger of HIV transmission to that person;
(f) a person authorised by this Act or any other law;

6 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.

Confidentiality of test results and counselling information

(1)

A person in possession of information relating to the HIV status of any person shall observe confidentiality in handling that information.

(2)

Any person who contravenes subsection (1) commits an offence.

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 “Confidentiality of test results and counselling information”.

“(1) A person in possession of information relating to the HIV status of any person shall observe confidentiality in handling that information.”

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 in possession of information relating to the HIV status of any person shall observe confidentiality in handling that information.
(2) Any person who contravenes subsection (1) commits an offence.

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.

Person tested to be notified on disclosure

The medical practitioner or other qualified officer giving the results of an HIV test to any person shall, except in the case of other professionals involved in the treatment or care of the person tested, inform the person tested of the disclosure, giving (a) the nature and purpose of disclosure;

(b)

the date of disclosure; and

(c)

the recipient of the information.

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 “Person tested to be notified on disclosure”.

“The medical practitioner or other qualified officer giving the results of an HIV test to any person shall, except in the case of other professionals involved in the treatment or care of the person tested, inform the person tested of the disclosure, giving (a) the nature and purpose of disclosure;”

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

(b) the date of disclosure; and
(c) the recipient of the information.

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.

Organ, tissue, body fluid or part of body to be identified with test results

A person donating any organ, tissue, body fluid or part of his or her body for the treatment of another person or a person donating sperm, shall be subjected to HIV testing

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 “Organ, tissue, body fluid or part of body to be identified with test results”.

“A person donating any organ, tissue, body fluid or part of his or her body for the treatment of another person or a person donating sperm, shall be subjected to HIV testing”

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 donating any organ, tissue, body fluid or part of his or her body for the treatment of another person or a person donating sperm, shall be subjected to HIV testing

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.

Testing of donated blood

(1)

Donated blood shall as soon as reasonably practicable be subjected to an HIV test.

(2)

Blood tested under subsection (1), if found to contain HIV, shall be disposed of in accordance with prescribed guidelines on the disposal of medical waste.

(3)

A person whose blood has been tested may be counselled and informed of the results as soon as possible.

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 “Testing of donated blood”.

“(1) Donated blood shall as soon as reasonably practicable be subjected to an HIV test.”

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) Donated blood shall as soon as reasonably practicable be subjected to an HIV test.
(2) Blood tested under subsection (1), if found to contain HIV, shall be disposed of in accordance with prescribed guidelines on the disposal of medical waste.
(3) A person whose blood has been tested may be counselled and informed of the results as soon as possible.

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.

Testing centres to maintain health standards

A health unit carrying out HIV testing shall maintain good health standards as may be prescribed by 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 “Testing centres to maintain health standards”.

“A health unit carrying out HIV testing shall maintain good health standards as may be prescribed by the Minister”

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

A health unit carrying out HIV testing shall maintain good health standards as may be prescribed by 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.

State obligations

(1)

The Government shall devise measures to-

(a)

ensure the right of access to equitable distribution of health facilities, goods and services including essential medicines on a non-discriminatory basis;

(b)

provide universal HIV treatment to all persons on a non-discriminatory basis;

(c)

develop and implement a national public health strategy and plan of action for HIV;

(d)

prevent and control HIV transmission;

(e)

promote awareness of the rights of persons living with HIV and duties imposed on persons under this Act;

(f)

promote and ensure non-discriminatory participation of people living with HIV and AIDS in Government programmes;

(g)

promote and ensure involvement of people living with HIV in participating in Government programmes;

(h)

mainstream HIV and AIDS programmes in all Government sectors;

(i)

provide care and support to persons living with HIV and AIDS as appropriate;

(j)

provide adequate funding for HIV and AIDS programmes; and

(k)

give priority to the most at risk population.

(2)

For purposes of this section, "most at risk population" includes fishing communities, prisons, migrant populations and other areas as may be determined by 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

Definition

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

“(1) The Government shall devise measures to-”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

13

(1) The Government shall devise measures to-
(a) ensure the right of access to equitable distribution of health facilities, goods and services including essential medicines on a non-discriminatory basis;
(b) provide universal HIV treatment to all persons on a non-discriminatory basis;
(c) develop and implement a national public health strategy and plan of action for HIV;
(d) prevent and control HIV transmission;
(e) promote awareness of the rights of persons living with HIV and duties imposed on persons under this Act;
(f) promote and ensure non-discriminatory participation of people living with HIV and AIDS in Government programmes;
(g) promote and ensure involvement of people living with HIV in participating in Government programmes;

5 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.

Establishment of HIV and AIDS Trust Fund

There is established a fund to be known as the HIV and AIDS Trust Fund

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 “Establishment of HIV and AIDS Trust Fund”.

“There is established a fund to be known as the HIV and AIDS Trust Fund”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Establishment of HIV and AIDS Trust Fund”, 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.

Object of Fund

The object of the Fund is to secure a predictable and sustainable means of procuring goods and services for HIV and AIDS counselling, testing and treatment

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 “Object of Fund”.

“The object of the Fund is to secure a predictable and sustainable means of procuring goods and services for HIV and AIDS counselling, testing and treatment”

Primary legislation Source quotation matched

Practical effect

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

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 object of the Fund is to secure a predictable and sustainable means of procuring goods and services for HIV and AIDS counselling, testing and treatment

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.

Source of money of Fund

(1)

The money of the Fund shall consist of-

(a)

two percent of the total tax revenue collected from levies on beers, spirits or waragi, soft drinks and bottled water;

(b)

tax revenue from any other taxable item as may be identified by the Minister responsible for finance from time to time;

(c)

grants, money or assets donated to the Fund through the Minister responsible for finance or assets donated to the Fund by any foreign government, international agency or other external body of persons, corporate or unincorporated; and

(d)

money received by the Fund by way of voluntary contributions.

(2)

The tax revenue referred to in subsection (1)(a) shall be remitted directly to the Fund on a quarterly basis.

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 “Source of money of Fund”.

“(1) The money of the Fund shall consist of-”

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 money of the Fund shall consist of-
(a) two percent of the total tax revenue collected from levies on beers, spirits or waragi, soft drinks and bottled water;
(b) tax revenue from any other taxable item as may be identified by the Minister responsible for finance from time to time;
(c) grants, money or assets donated to the Fund through the Minister responsible for finance or assets donated to the Fund by any foreign government, international agency or other external body of persons, corporate or unincorporated; and
(d) money received by the Fund by way of voluntary contributions.
(2) The tax revenue referred to in subsection (1)(a) shall be remitted directly to the Fund on a quarterly basis.

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.

Administration of Fund

(1)

The Fund shall be administered by the Minister responsible for health in consultation with the Minister responsible for finance.

(2)

The Minister shall, within six months of commencement of this Act, make regulations to provide for the management of the Fund.

(3)

The regulations made under subsection (2) shall be laid before Parliament for approval.

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 “Administration of Fund”.

“(1) The Fund shall be administered by the Minister responsible for health in consultation with the Minister responsible for finance.”

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 Fund shall be administered by the Minister responsible for health in consultation with the Minister responsible for finance.
(2) The Minister shall, within six months of commencement of this Act, make regulations to provide for the management of the Fund.
(3) The regulations made under subsection (2) shall be laid before Parliament for approval.

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.

Requirements for research

(1)

The Minister may, in collaboration with the relevant institutions, institute trials on HIV and AIDS vaccines, medicines and other related bioproducts within the country, provided that such trials shall not endanger the health of persons undergoing such trials.

(2)

Subject to subsection (1), research shall be carried out in conformity with requirements under the Uganda National Council for Science and Technology Act or any other written law for the time being in force.

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 “Requirements for research”.

“(1) The Minister may, in collaboration with the relevant institutions, institute trials on HIV and AIDS vaccines, medicines and other related bioproducts within the country, provided that such trials shall not endanger the health of persons undergoing such trials.”

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 collaboration with the relevant institutions, institute trials on HIV and AIDS vaccines, medicines and other related bioproducts within the country, provided that such trials shall not endanger the health of persons undergoing such trials.
(2) Subject to subsection (1), research shall be carried out in conformity with requirements under the Uganda National Council for Science and Technology Act or any other written law for the time being in force.

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

Uganda National Council for Science and Technology Act

Amendment notes

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

Consent to research

(1)

A person shall not undertake HIV and AIDS related human biomedical research on another person or on any tissue or blood removed from such person except-

(a)

with the written informed consent of a person on whom research is to be carried out; or

(b)

where that person is a minor or is incapable of giving consent, with the written informed consent of a parent or guardian of the child or other person.

(2)

A person whose consent is sought to be obtained under subsection (1) shall be adequately informed of the aims, methods, anticipated benefits and the potential hazards and discomforts of the research.

(3)

A person who is the subject of the research shall be provided with research facilitations in conformity with the provisions of the Uganda National Health Research Organisation Act and the Uganda National Council for Science and Technology 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

Mandatory duty

This section imposes mandatory requirements concerning “Consent to research”.

“(1) A person shall not undertake HIV and AIDS related human biomedical research on another person or on any tissue or blood removed from such person except-”

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.

5

(1) A person shall not undertake HIV and AIDS related human biomedical research on another person or on any tissue or blood removed from such person except-
(a) with the written informed consent of a person on whom research is to be carried out; or
(b) where that person is a minor or is incapable of giving consent, with the written informed consent of a parent or guardian of the child or other person.
(2) A person whose consent is sought to be obtained under subsection (1) shall be adequately informed of the aims, methods, anticipated benefits and the potential hazards and discomforts of the research.
(3) A person who is the subject of the research shall be provided with research facilitations in conformity with the provisions of the Uganda National Health Research Organisation Act and the Uganda National Council for Science and Technology 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

Uganda National Council for Science and Technology Act Uganda National Health Research Organisation Act

Amendment notes

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

Anonymous testing

(1)

A person who consents to anonymous HIV testing shall not be required to provide a name, age, address or any other information that may potentially identify him or her.

(2)

In the case of voluntary anonymous HIV testing, an identifying symbol is substituted for the true name or identity 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 “Anonymous testing”.

“(1) A person who consents to anonymous HIV testing shall not be required to provide a name, age, address or any other information that may potentially identify him or her.”

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 who consents to anonymous HIV testing shall not be required to provide a name, age, address or any other information that may potentially identify him or her.
(2) In the case of voluntary anonymous HIV testing, an identifying symbol is substituted for the true name or identity 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.

Discrimination in workplace

(1)

A person shall not be-

(a)

denied employment for which he or she is qualified; or

(b)

transferred, denied promotion or have his or her employment terminated on the ground of his or her actual, perceived or suspected HIV status.

(2)

Subsection (1) shall not apply where an employer can prove that-

(a)

the requirements of the employment in question are not met;

(b)

a person is in a particular state of health or medical or clinical condition that renders that person incapable of performing his or her work.

(3)

A health institution shall provide free of cost-

(a)

international guidelines to all persons working or present in health institutions who may be occupationally exposed to HIV, with appropriate training for the use of the universal precautions provided in Schedule 3 to this Act; and

(b)

post exposure prophylaxis to persons exposed to HIV and appropriate counselling services.

(4)

Subject to subsection (3), a health institution shall assist the person who acquires HIV to access HIV-related treatment.

(5)

Every health institution shall ensure that the universal precautions on post exposure prophylaxis in accordance with the regulations are complied with.

(6)

Notwithstanding the provisions of this Act, a policy introduced by an employer shall not require mandatory HIV testing including preemployment testing.

(7)

A healthcare provider or a person who may be occupationally exposed to or who may occupationally transmit HIV shall use universal precautions in accordance with the regulations in the course of their work.

(8)

A health institution providing health care services shall ensure basic cleanliness and hygiene and the implementation of infection control measures in accordance with the regulations and any other law for the time being in force.

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 “Discrimination in workplace”.

“(1) A person shall not be-”

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.

14

(1) A person shall not be-
(a) denied employment for which he or she is qualified; or
(b) transferred, denied promotion or have his or her employment terminated on the ground of his or her actual, perceived or suspected HIV status.
(2) Subsection (1) shall not apply where an employer can prove that-
(a) the requirements of the employment in question are not met;
(b) a person is in a particular state of health or medical or clinical condition that renders that person incapable of performing his or her work.
(3) A health institution shall provide free of cost-
(a) international guidelines to all persons working or present in health institutions who may be occupationally exposed to HIV, with appropriate training for the use of the universal precautions provided in Schedule 3 to this Act; and

6 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.

Discrimination in educational institutions

An educational institution shall not deny admission or expel, punish, segregate, deny participation in any event or activity, or deny any benefits or services to a person only on the ground of actual, perceived or suspected HIV status of the 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

Mandatory duty

This section imposes mandatory requirements concerning “Discrimination in educational institutions”.

“An educational institution shall not deny admission or expel, punish, segregate, deny participation in any event or activity, or deny any benefits or services to a person only on the ground of actual, perceived or suspected HIV status of the 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.

1

An educational institution shall not deny admission or expel, punish, segregate, deny participation in any event or activity, or deny any benefits or services to a person only on the ground of actual, perceived or suspected HIV status of the 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.

Restriction on travel and habitation

(1)

A person's freedom of abode, lodging, or travel within Uganda or to travel to a country outside Uganda, shall not be denied or restricted only on the ground of actual, perceived or suspected HIV status of that person.

(2)

A person shall not be quarantined, placed in isolation, refused lawful entry or deported from Uganda only on the ground of actual, perceived or suspected HIV status 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

Mandatory duty

This section imposes mandatory requirements concerning “Restriction on travel and habitation”.

“(1) A person's freedom of abode, lodging, or travel within Uganda or to travel to a country outside Uganda, shall not be denied or restricted only on the ground of actual, perceived or suspected HIV status 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) A person's freedom of abode, lodging, or travel within Uganda or to travel to a country outside Uganda, shall not be denied or restricted only on the ground of actual, perceived or suspected HIV status of that person.
(2) A person shall not be quarantined, placed in isolation, refused lawful entry or deported from Uganda only on the ground of actual, perceived or suspected HIV status 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.

Prohibition from public service

A person shall not be denied the right to seek an elective or other public office only on the ground of actual, perceived or suspected HIV status 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

Procedural rule

This section establishes the governing procedure for “Prohibition from public service”.

“A person shall not be denied the right to seek an elective or other public office only on the ground of actual, perceived or suspected HIV status of that person”

Primary legislation Source quotation matched

Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of 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 shall not be denied the right to seek an elective or other public office only on the ground of actual, perceived or suspected HIV status 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.

Exclusion from credit and insurance services

(1)

Subject to this Act, a person shall not be compelled to undergo an HIV test or to disclose his or her HIV status for the purpose of gaining access to any credit or loan services, medical, accident or life insurance or the extension or continuation of any such services.

(2)

Notwithstanding the provisions of subsection (1), an insurer, reinsurer or health maintenance organisation shall, in the case of life and healthcare service insurance cover, devise a reasonable limit of cover for which disclosure of the HIV status of a person shall not be required.

(3)

Where one seeks a cover exceeding the no test limit prescribed under subsection (2), the insurer, reinsurer or health maintenance organisation may, subject to this Act, require the applicant to undergo an HIV test.

(4)

Where an applicant elects to undergo an HIV test pursuant to subsection (3) and the results are positive-

(a)

the applicant shall, at his or her own expense, enter into an agreed treatment programme with the insurer as may be prescribed by the Minister in consultation with the Insurance Regulatory Authority; or

(b)

the insurer may impose a reasonable additional premium or lien to the benefits ordinarily purchased; or

(c)

the insurer may decline granting the cover being sought.

(5)

A person aggrieved by a determination as to what is reasonable for the purposes of this section, may appeal to the Insurance Regulatory Authority in accordance with such procedure as may be prescribed in regulations; and the Insurance Regulatory Authority shall make a determination on the basis of statistical and actuarial principles and other relevant considerations.

(6)

Any person aggrieved by a determination made under subsection (5) may, within thirty days, apply to court for review of the decision.

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 “Exclusion from credit and insurance services”.

“(1) Subject to this Act, a person shall not be compelled to undergo an HIV test or to disclose his or her HIV status for the purpose of gaining access to any credit or loan services, medical, accident or life insurance or the extension or continuation of any such services.”

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.

9

(1) Subject to this Act, a person shall not be compelled to undergo an HIV test or to disclose his or her HIV status for the purpose of gaining access to any credit or loan services, medical, accident or life insurance or the extension or continuation of any such services.
(2) Notwithstanding the provisions of subsection (1), an insurer, reinsurer or health maintenance organisation shall, in the case of life and healthcare service insurance cover, devise a reasonable limit of cover for which disclosure of the HIV status of a person shall not be required.
(3) Where one seeks a cover exceeding the no test limit prescribed under subsection (2), the insurer, reinsurer or health maintenance organisation may, subject to this Act, require the applicant to undergo an HIV test.
(4) Where an applicant elects to undergo an HIV test pursuant to subsection (3) and the results are positive-
(a) the applicant shall, at his or her own expense, enter into an agreed treatment programme with the insurer as may be prescribed by the Minister in consultation with the Insurance Regulatory Authority; or
(b) the insurer may impose a reasonable additional premium or lien to the benefits ordinarily purchased; or
(c) the insurer may decline granting the cover being sought.
(5) A person aggrieved by a determination as to what is reasonable for the purposes of this section, may appeal to the Insurance Regulatory Authority in accordance with such procedure as may be prescribed in regulations; and the Insurance Regulatory Authority shall make a determination on the basis of statistical and actuarial principles and other relevant considerations.

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.

Discrimination in health institutions

A person shall not be denied access to healthcare services in any health institution, or be charged a higher fee for any such services, only on the ground of actual, perceived or suspected HIV status 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

Mandatory duty

This section imposes mandatory requirements concerning “Discrimination in health institutions”.

“A person shall not be denied access to healthcare services in any health institution, or be charged a higher fee for any such services, only on the ground of actual, perceived or suspected HIV status 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.

1

A person shall not be denied access to healthcare services in any health institution, or be charged a higher fee for any such services, only on the ground of actual, perceived or suspected HIV status 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.

Protection of children living with HIV against discrimination

A parent, guardian or a person having custody of a minor shall not discriminate against him or her only on the ground of actual, perceived or suspected HIV status of the minor

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 “Protection of children living with HIV against discrimination”.

“A parent, guardian or a person having custody of a minor shall not discriminate against him or her only on the ground of actual, perceived or suspected HIV status of the minor”

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 parent, guardian or a person having custody of a minor shall not discriminate against him or her only on the ground of actual, perceived or suspected HIV status of the minor

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.

Access to healthcare services

A health institution, whether public or private, and health management organisation or medical insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on the basis of HIV status

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 “Access to healthcare services”.

“A health institution, whether public or private, and health management organisation or medical insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on the basis of HIV status”

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 health institution, whether public or private, and health management organisation or medical insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on the basis of HIV status

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.

Liability for discriminatory acts and practices

A person who contravenes any of the provisions of this Part shall be liable to a civil wrong

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 “Liability for discriminatory acts and practices”.

“A person who contravenes any of the provisions of this Part shall be liable to a civil wrong”

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 contravenes any of the provisions of this Part shall be liable to a civil wrong

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.

Attempted transmission of HIV

Any person who attempts to transmit HIV to another person commits a felony and is liable, on conviction, to a fine not exceeding twelve currency points or to imprisonment for a term not exceeding five 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

Governing rule

This section states the governing statutory rule for “Attempted transmission of HIV”.

“Any person who attempts to transmit HIV to another person commits a felony and is liable, on conviction, to a fine not exceeding twelve currency points or to imprisonment for a term not exceeding five years, or both”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Attempted transmission of HIV”, 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.

Offences relating to breach of confidentiality

A health practitioner or a person referred to under sections 17 and 18 who (a) breaches medical confidentiality; or

(b)

unlawfully discloses information regarding the HIV status of any person, commits an offence, and is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term not exceeding five 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 “Offences relating to breach of confidentiality”.

“A health practitioner or a person referred to under sections 17 and 18 who (a) breaches medical confidentiality; or”

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

(b) unlawfully discloses information regarding the HIV status of any person, commits an offence, and is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term not exceeding five 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

Section 17 · Efficiency to be ensured in testing Section 18 · Disclosure or release of HIV test results

Amendment notes

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

Intentional transmission of HIV

(1)

Any person who wilfully and intentionally transmits HIV to another person commits an offence, and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding ten years, or both.

(2)

A person shall not be convicted of an offence under subsection (1) if-

(a)

the person was aware of the HIV status of the accused and the risk of infection and he or she voluntarily accepted the risk; or

(b)

the alleged transmission was through sexual intercourse and protective measures were used during penetration.

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 “Intentional transmission of HIV”.

“(1) Any person who wilfully and intentionally transmits HIV to another person commits an offence, and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding ten years, 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.

4

(1) Any person who wilfully and intentionally transmits HIV to another person commits an offence, and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding ten years, or both.
(2) A person shall not be convicted of an offence under subsection (1) if-
(a) the person was aware of the HIV status of the accused and the risk of infection and he or she voluntarily accepted the risk; or
(b) the alleged transmission was through sexual intercourse and protective measures were used during penetration.

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.

Penalty for offence relating to obstruction

Any person who obstructs or prevents any activity related to the implementation of this Act in any manner commits an offence and is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term 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 “Penalty for offence relating to obstruction”.

“Any person who obstructs or prevents any activity related to the implementation of this Act in any manner commits an offence and is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term not exceeding ten years, 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.

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.

Misleading information or statement

(1)

All statements or information regarding the cure, prevention and control of HIV infection shall be subjected to scientific verification.

(2)

The statements or information referred to under subsection (1) shall have attached evidence of both pre-cure and post-cure HIV test results.

(3)

Any person who makes, causes to be made or publishes any misleading statements or information regarding the cure, prevention or control of HIV contrary to this section commits an offence and is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term 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 “Misleading information or statement”.

“(1) All statements or information regarding the cure, prevention and control of HIV infection shall be subjected to scientific verification.”

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.

3

(1) All statements or information regarding the cure, prevention and control of HIV infection shall be subjected to scientific verification.
(2) The statements or information referred to under subsection (1) shall have attached evidence of both pre-cure and post-cure HIV test results.
(3) Any person who makes, causes to be made or publishes any misleading statements or information regarding the cure, prevention or control of HIV contrary to this section commits an offence and is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term 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.

General penalty

Any person who contravenes any provision of this Act, where no specific punishment is prescribed, is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term 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

Governing rule

This section states the governing statutory rule for “General penalty”.

“Any person who contravenes any provision of this Act, where no specific punishment is prescribed, is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term not exceeding ten years, or both”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “General penalty”, 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.

1

Any person who contravenes any provision of this Act, where no specific punishment is prescribed, is liable, on conviction, to a fine not exceeding two hundred forty currency points or to imprisonment for a term 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.

Exemption to creation of risk

Sections 41 and 43 shall not apply to any transmission of HIV by a mother to her child before or during the birth of the child or through breastfeeding

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 “Exemption to creation of risk”.

“Sections 41 and 43 shall not apply to any transmission of HIV by a mother to her child before or during the birth of the child or through breastfeeding”

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

Sections 41 and 43 shall not apply to any transmission of HIV by a mother to her child before or during the birth of the child or through breastfeeding

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 41 · Attempted transmission of HIV Section 43 · Intentional transmission of HIV

Amendment notes

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

Laboratory analysis

(1)

A medical practitioner or other qualified officer who takes biological samples of specimens from persons in discordant relationships or from a person who tests positive initially and later tests negative shall forward a sample to the Ministry of Health laboratory for authoritative confirmation.

(2)

The samples or specimens forwarded to the Ministry of Health laboratory shall not include names identified with them or any information which would identify the person tested.

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 “Laboratory analysis”.

“(1) A medical practitioner or other qualified officer who takes biological samples of specimens from persons in discordant relationships or from a person who tests positive initially and later tests negative shall forward a sample to the Ministry of Health laboratory for authoritative confirmation.”

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) A medical practitioner or other qualified officer who takes biological samples of specimens from persons in discordant relationships or from a person who tests positive initially and later tests negative shall forward a sample to the Ministry of Health laboratory for authoritative confirmation.
(2) The samples or specimens forwarded to the Ministry of Health laboratory shall not include names identified with them or any information which would identify the person tested.

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.

Regulations

The Minister may make regulations for better carrying out of 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

Statutory power

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

“The Minister may make regulations for better carrying out of 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.

1

The Minister may make regulations for better carrying out of the provisions of 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.

Minister to issue technical guidelines on surgical, dental and other procedures or treatments

The Minister may (a) issue technical guidelines on precautions against HIV transmission during surgical, dental, embalming, tattooing or similar procedures; and

(b)

issue guidelines on the handling and disposal of cadavers, body fluids, or waste of persons known to be living with HIV.

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 “Minister to issue technical guidelines on surgical, dental and other procedures or treatments”.

“The Minister may (a) issue technical guidelines on precautions against HIV transmission during surgical, dental, embalming, tattooing or similar procedures; 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.

1

(b) issue guidelines on the handling and disposal of cadavers, body fluids, or waste of persons known to be living with HIV.

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.

Power to amend Schedule 1

The Minister may, by statutory instrument, amend Schedule 1 to this Act Schedule 1 (Sections 1 , 51 )

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

Schedule 2 (Section 10(3) )

Informed consent form (Form to be filled by person to be tested or other authorised person*)

* Delete whichever is inapplicable

Schedule 3

Section 32(3) Universal precautions (1) Universal precautions are the basic standard of infection control. The underlying principle is to assume that all patients and staff are potentially infected with blood-borne pathogens such as HIV and Hepatitis B Virus. Universal precautions is intended to prevent transmission of infection from patient to staff, staff to patient, staff to staff, and patient to patient.

(2)

The procedures for universal precautions shall include-

(a)

standard hygiene procedures, especially hand washing, should be followed at all times;

(b)

hospitals or medical centre guidelines for disinfection and sterilisation should be consulted and followed faithfully;

(c)

any skin disease or injury should be adequately protected with gloves or impermeable dressing to avoid contamination with a patient's body fluids;

(d)

any spill of blood or other potentially contaminated material should be liberally covered with household bleach (dilution of 1 to 10), left for thirty minutes then carefully wiped off by personnel wearing gloves;

(e)

gowns, gloves, masks and protective eye-wear should be worn, if possible, during surgery, childbirth and other procedures where contact with blood or body fluid is likely;

(f)

needles and sharp objects should be discarded immediately after use in puncture-proof containers marked biohazard. Needles should not be bent or broken by hand and should not be recapped;

(g)

reusable needles and syringes should be handled with extreme care and safely stored prior to cleaning and sterilisation or disinfected; and

(h)

linen soiled with blood or other body fluids should be handled as little as possible. Gloves and a protective apron should be worn while handling soiled linen.

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 amend Schedule 1”.

“The Minister may, by statutory instrument, amend Schedule 1 to this Act Schedule 1 (Sections 1,51)”

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.

9

(2) The procedures for universal precautions shall include-
(a) standard hygiene procedures, especially hand washing, should be followed at all times;
(b) hospitals or medical centre guidelines for disinfection and sterilisation should be consulted and followed faithfully;
(c) any skin disease or injury should be adequately protected with gloves or impermeable dressing to avoid contamination with a patient's body fluids;
(d) any spill of blood or other potentially contaminated material should be liberally covered with household bleach (dilution of 1 to 10), left for thirty minutes then carefully wiped off by personnel wearing gloves;
(e) gowns, gloves, masks and protective eye-wear should be worn, if possible, during surgery, childbirth and other procedures where contact with blood or body fluid is likely;
(f) needles and sharp objects should be discarded immediately after use in puncture-proof containers marked biohazard. Needles should not be bent or broken by hand and should not be recapped;
(g) reusable needles and syringes should be handled with extreme care and safely stored prior to cleaning and sterilisation or disinfected; and

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

Section 1 · Interpretation Section 10 · Persons incapable of giving informed consent to HIV testing Section 32 · Discrimination in workplace

Amendment notes

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

About this Act

Full text of the Act

Part I

1. Interpretation Judicial treatment · 2 cases

Part II

2. Reasonable care to be taken to avoid transmission of HIV Judicial treatment · 0 cases

Part III

3. Pre-test and post-test HIV counselling Judicial treatment · 0 cases

4. Counselling to be conducted by trained HIV counsellors Judicial treatment · 0 cases

5. Nature of pre-test counselling Judicial treatment · 0 cases

6. Nature of post-test counselling Judicial treatment · 0 cases

7. Continuous counselling Judicial treatment · 0 cases

8. HIV testing services Judicial treatment · 0 cases

9. Voluntary HIV testing Judicial treatment · 0 cases

10. Persons incapable of giving informed consent to HIV testing Judicial treatment · 0 cases

11. Consent to test for HIV may be dispensed with Judicial treatment · 0 cases

12. HIV testing of persons charged with sexual offences Judicial treatment · 0 cases

13. Routine HIV testing Judicial treatment · 0 cases

14. HIV testing under court order Judicial treatment · 0 cases

15. Provision of appropriate treatment to HIV positive pregnant woman Judicial treatment · 0 cases

16. Testing of new born child exposed to HIV Judicial treatment · 0 cases

17. Efficiency to be ensured in testing Judicial treatment · 0 cases

18. Disclosure or release of HIV test results Judicial treatment · 0 cases

19. Confidentiality of test results and counselling information Judicial treatment · 0 cases

20. Person tested to be notified on disclosure Judicial treatment · 0 cases

21. Organ, tissue, body fluid or part of body to be identified with test results Judicial treatment · 0 cases

22. Testing of donated blood Judicial treatment · 0 cases

23. Testing centres to maintain health standards Judicial treatment · 0 cases

Part IV

24. State obligations Judicial treatment · 0 cases

Part V

25. Establishment of HIV and AIDS Trust Fund Judicial treatment · 0 cases

26. Object of Fund Judicial treatment · 0 cases

27. Source of money of Fund Judicial treatment · 0 cases

28. Administration of Fund Judicial treatment · 0 cases

Part VI

29. Requirements for research Judicial treatment · 0 cases

30. Consent to research Judicial treatment · 0 cases

31. Anonymous testing Judicial treatment · 0 cases

Part VII

32. Discrimination in workplace Judicial treatment · 0 cases

33. Discrimination in educational institutions Judicial treatment · 0 cases

34. Restriction on travel and habitation Judicial treatment · 0 cases

35. Prohibition from public service Judicial treatment · 0 cases

36. Exclusion from credit and insurance services Judicial treatment · 0 cases

37. Discrimination in health institutions Judicial treatment · 0 cases

38. Protection of children living with HIV against discrimination Judicial treatment · 0 cases

39. Access to healthcare services Judicial treatment · 0 cases

40. Liability for discriminatory acts and practices Judicial treatment · 0 cases

Part VIII

41. Attempted transmission of HIV Judicial treatment · 0 cases

42. Offences relating to breach of confidentiality Judicial treatment · 0 cases

43. Intentional transmission of HIV Judicial treatment · 0 cases

44. Penalty for offence relating to obstruction Judicial treatment · 0 cases

45. Misleading information or statement Judicial treatment · 0 cases

46. General penalty Judicial treatment · 0 cases

47. Exemption to creation of risk Judicial treatment · 0 cases

Part IX

48. Laboratory analysis Judicial treatment · 0 cases

49. Regulations Judicial treatment · 0 cases

50. Minister to issue technical guidelines on surgical, dental and other procedures or treatments Judicial treatment · 0 cases

51. Power to amend Schedule 1 Judicial treatment · 0 cases

Interpretation

Reasonable care to be taken to avoid transmission of HIV

Pre-test and post-test HIV counselling

Counselling to be conducted by trained HIV counsellors

Nature of pre-test counselling

Nature of post-test counselling

Continuous counselling

HIV testing services

Voluntary HIV testing

Persons incapable of giving informed consent to HIV testing

Consent to test for HIV may be dispensed with

HIV testing of persons charged with sexual offences

Routine HIV testing

HIV testing under court order

Provision of appropriate treatment to HIV positive pregnant woman

Testing of new born child exposed to HIV

Efficiency to be ensured in testing

Disclosure or release of HIV test results

Confidentiality of test results and counselling information

Person tested to be notified on disclosure

Organ, tissue, body fluid or part of body to be identified with test results

Testing of donated blood

Testing centres to maintain health standards

State obligations

Establishment of HIV and AIDS Trust Fund

Object of Fund

Source of money of Fund

Administration of Fund

Requirements for research

Consent to research

Anonymous testing

Discrimination in workplace

Discrimination in educational institutions

Restriction on travel and habitation

Prohibition from public service

Exclusion from credit and insurance services

Discrimination in health institutions

Protection of children living with HIV against discrimination

Access to healthcare services

Liability for discriminatory acts and practices

Attempted transmission of HIV

Offences relating to breach of confidentiality

Intentional transmission of HIV

Penalty for offence relating to obstruction

Misleading information or statement

General penalty

Exemption to creation of risk

Laboratory analysis

Regulations

Minister to issue technical guidelines on surgical, dental and other procedures or treatments

Power to amend Schedule 1