Uganda National Examinations Board Act

1. Interpretation

In this Act, unless the context otherwise requires

"Board" means the Board of Directors of the Uganda National Examinations Board;

"candidate" means a person duly registered to take an examination conducted by the Examinations Board;

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

"Examinations Board" means the Uganda National Examinations Board specified in section 2 ;

"examination centre" means a place registered by the Examinations Board for the conduct of examinations under this Act;

"examination malpractice" means an act of wrongdoing carried out by a candidate, a group of candidates or any other person with the intention to cheat or gain an unfair advantage in an examination or to place a candidate at a disadvantage;

"examination material" means a question paper or any other material which is used in an examination;

"examination paper" means a question paper, examination instructions or braille or in respect of an examination which has not been taken, the draft or copy of a question paper, examination instructions or braille, and includes the electronic form of a question paper, examination instructions or braille;

"external assistance" includes dictation of an answer to a candidate, writing an answer to a question where a candidate copies the answer, writing an answer to a question or part of a question, in a candidates answer script;

"Minister" means the Minister responsible for education;

"storage station" means a place designated by the Examinations Board as a place where examinations materials are kept.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Definition

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

“In this Act, unless the context otherwise requires "Board" means the Board of Directors of the Uganda National Examinations Board;”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

10

"candidate" means a person duly registered to take an examination conducted by the Examinations Board;
"currency point" has the value assigned to it in Schedule 1 to this Act;
"Examinations Board" means the Uganda National Examinations Board specified in section 2;
"examination centre" means a place registered by the Examinations Board for the conduct of examinations under this Act;
"examination malpractice" means an act of wrongdoing carried out by a candidate, a group of candidates or any other person with the intention to cheat or gain an unfair advantage in an examination or to place a candidate at a disadvantage;
"examination material" means a question paper or any other material which is used in an examination;
"examination paper" means a question paper, examination instructions or braille or in respect of an examination which has not been taken, the draft or copy of a question paper, examination instructions or braille, and includes the electronic form of a question paper, examination instructions or braille;
"external assistance" includes dictation of an answer to a candidate, writing an answer to a question where a candidate copies the answer, writing an answer to a question or part of a question, in a candidates answer script;

2 further items remain in the statutory text above.

Judicial interpretation

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

0

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

Related provisions

Section 2 · The Uganda National Examinations Board

Amendment notes

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

2. The Uganda National Examinations Board

(1)

The Uganda National Examinations Board in existence immediately before the commencement of this Act, shall continue in existence, subject to the provisions of this Act.

(2)

The Examinations Board shall be a body corporate with perpetual succession and a common seal, and may, for the discharge of its functions under this Act-

(a)

sue or be sued in its corporate name;

(b)

purchase, hold, manage and dispose of any property; and

(c)

enter into such contracts or other transactions, as may be necessary or expedient.

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 “The Uganda National Examinations Board”.

“(1) The Uganda National Examinations Board in existence immediately before the commencement of this Act, shall continue in existence, subject to 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.

5

(1) The Uganda National Examinations Board in existence immediately before the commencement of this Act, shall continue in existence, subject to the provisions of this Act.
(2) The Examinations Board shall be a body corporate with perpetual succession and a common seal, and may, for the discharge of its functions under this Act-
(a) sue or be sued in its corporate name;
(b) purchase, hold, manage and dispose of any property; and
(c) enter into such contracts or other transactions, as may be necessary or expedient.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

3. Seal and documents of Examinations Board

(1)

The seal of the Examinations Board shall be authenticated by the signatures of the Chairperson and the Executive Director and shall be in the custody of the Executive Director.

(2)

Every document purporting to be an instrument by the Examinations Board which is sealed with the seal of the Examinations Board authenticated in the manner provided under this section, shall be received and deemed to be such an instrument without further proof, unless the contrary is shown.

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 “Seal and documents of Examinations Board”.

“(1) The seal of the Examinations Board shall be authenticated by the signatures of the Chairperson and the Executive Director and shall be in the custody of the Executive Director.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The seal of the Examinations Board shall be authenticated by the signatures of the Chairperson and the Executive Director and shall be in the custody of the Executive Director.
(2) Every document purporting to be an instrument by the Examinations Board which is sealed with the seal of the Examinations Board authenticated in the manner provided under this section, shall be received and deemed to be such an instrument without further proof, unless the contrary is shown.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

4. Functions of Examinations Board

(1)

The functions of the Examinations Board are-

(a)

to register candidates for Primary Leaving Examinations, Uganda Certificate of Education examinations and Uganda Advanced Certificate of Education examinations and any other examinations within the mandate of the Board;

(b)

to prepare, protect, conduct, supervise and mark primary and secondary national examinations and any other examinations within the mandate of the Board;

(c)

to award certificates to the successful candidates who sit for the examinations conducted by the Examinations Board;

(d)

to issue certificates of confirmation where certificates awarded in paragraph (c) are lost or destroyed or on request by any other person legally authorised;

(e)

on request by any person, to determine the equivalence of a qualification awarded by another examining body with a corresponding qualification awarded by the Examinations Board in consultation with that examining body;

(f)

to prepare, conduct and supervise examinations as may be required under any other law;

(g)

on request, to prepare, conduct and supervise examinations on behalf of another examining body;

(h)

to register a school or any other place as an examination centre and keep a permanent record of information concerning that centre;

(i)

to offer consultancy services, undertake research on educational assessment and prepare and carry out other forms of educational assessment including aptitude testing, national assessment and international assessment; and

(j)

to publish research reports, past examinations papers and any other similar documents.

(2)

For the purposes of subsection (1)(a), the Examinations Board shall display the register of the students registered for the examinations in a conspicuous place at the district headquarters and at the school notice board, at which the candidates are registered, sixty days before the date for commencement of the national examinations.

(3)

The certificates awarded under subsection (1)(c) shall be in a form approved by the Examinations Board and shall bear the signatures of the Chairperson and the Executive Director.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“(1) The functions of the Examinations Board are-”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

13

(1) The functions of the Examinations Board are-
(a) to register candidates for Primary Leaving Examinations, Uganda Certificate of Education examinations and Uganda Advanced Certificate of Education examinations and any other examinations within the mandate of the Board;
(b) to prepare, protect, conduct, supervise and mark primary and secondary national examinations and any other examinations within the mandate of the Board;
(c) to award certificates to the successful candidates who sit for the examinations conducted by the Examinations Board;
(d) to issue certificates of confirmation where certificates awarded in paragraph (c) are lost or destroyed or on request by any other person legally authorised;
(e) on request by any person, to determine the equivalence of a qualification awarded by another examining body with a corresponding qualification awarded by the Examinations Board in consultation with that examining body;
(f) to prepare, conduct and supervise examinations as may be required under any other law;
(g) on request, to prepare, conduct and supervise examinations on behalf of another examining body;

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.

5. Powers of Examinations Board

(1)

In the performance of its functions, the Examinations Board shall have powers to do all things and to act in all ways necessary for, or incidental to the purpose for which the Examinations Board is established.

(2)

Without prejudice to the generality of subsection (1), the Examinations Board has powers to-

(a)

demand for any information, document or record in respect of any examination where an examination malpractice is alleged, reported or proven against any school, examination centre or person;

(b)

conduct such investigations as it may consider necessary, and during the investigations, withhold the examination results of any candidate until the investigations are concluded;

(c)

call for any information or the production of any documents the Examinations Board may require, within such period, in such place and from such person as the Examinations Board may determine, to assist in the investigations;

(d)

demand for any information, document or record in respect of an examination centre from the person in charge;

(e)

institute or commission an inquiry or investigation into a case of alleged examination malpractice;

(f)

conduct hearings in case of examination malpractice;

(g)

summon any person the Examinations Board considers fit to assist as a witness in any inquiry or investigation into a case of examination malpractice and where necessary, examine the witness on oath;

(h)

cancel or suspend the registration of an examination centre which is proven to have engaged in examination malpractice;

(i)

recall the results of a candidate that are released in error;

(j)

appoint supervisors, invigilators, scouts, monitors and special needs education support personnel to assist in the conduct and supervision of examinations;

(k)

invite any person, as may be necessary, to conduct, jointly with the Examinations Board, examinations and to award certificates to the successful candidates, jointly with the invited person;

(l)

with the approval of the Minister and the Minister responsible for finance, charge examination registration fees;

(m)

charge fees for the publications and for the services offered by the Examinations Board on a commercial basis; and

(n)

request the Uganda Communications Commission to control the use of any type of electronic communication for a specified duration where it is suspected or proved that a malpractice is being committed using electronic communication.

(3)

The Examinations Board may cancel an examination paper where it is proved that there is an examination malpractice of a wide or national magnitude, with respect to that examination paper.

(4)

The Examinations Board may, for a reasonable cause, delay, withhold or cancel any examinations results.

(5)

The Examinations Board shall cancel a certificate awarded to a candidate under section 4(1)(c) where it is proved-

(a)

that the certificate was acquired fraudulently;

(b)

that the certificate was awarded in error; or

(c)

after the certificate is awarded, that the person to whom it is awarded committed an act of examination malpractice.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“(1) In the performance of its functions, the Examinations Board shall have powers to do all things and to act in all ways necessary for, or incidental to the purpose for which the Examinations Board is established.”

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.

22

(1) In the performance of its functions, the Examinations Board shall have powers to do all things and to act in all ways necessary for, or incidental to the purpose for which the Examinations Board is established.
(2) Without prejudice to the generality of subsection (1), the Examinations Board has powers to-
(a) demand for any information, document or record in respect of any examination where an examination malpractice is alleged, reported or proven against any school, examination centre or person;
(b) conduct such investigations as it may consider necessary, and during the investigations, withhold the examination results of any candidate until the investigations are concluded;
(c) call for any information or the production of any documents the Examinations Board may require, within such period, in such place and from such person as the Examinations Board may determine, to assist in the investigations;
(d) demand for any information, document or record in respect of an examination centre from the person in charge;
(e) institute or commission an inquiry or investigation into a case of alleged examination malpractice;
(f) conduct hearings in case of examination malpractice;

14 further items remain in the statutory text above.

Judicial interpretation

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

0

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

Related provisions

Section 4 · Functions of Examinations Board

Amendment notes

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

6. Board of Directors

(1)

The Examinations Board shall have a Board of Directors which shall be the governing body of the Examinations Board.

(2)

The Board shall consist of-

(a)

a chairperson;

(b)

a representative of the Directorate for Basic and Secondary Education who shall be at the rank of Commissioner or above;

(c)

a representative of the Directorate for Education Standards who shall be at the rank of Commissioner or above;

(d)

a representative of the Directorate of the National Curriculum Development Centre who shall be at the rank of Commissioner or above;

(e)

a representative of the Attorney General who shall be at the rank of Commissioner or above;

(f)

a head teacher of a secondary school, nominated by the Secondary School Head Teachers' Association;

(g)

a principal of a primary teachers' training institution nominated by the Principals' Association;

(h)

a head teacher of a primary school, nominated by the Primary School Head Teachers' Association;

(i)

a representative of the Public Service Commission, who shall be at the rank of Commissioner or above;

(j)

a representative of the Education Service Commission, who shall be at the rank of Commissioner or above;

(k)

a vice chancellor of a public or private university, elected by the Vice Chancellors' forum;

(l)

a person representing the interests of persons with disabilities nominated by the National Council for Disability;

(m)

a person representing the proprietors of private primary and secondary schools; and

(n)

the Executive Director, who shall be an ex officio member.

(3)

The members of the Board of Directors shall be appointed by the Minister.

(4)

At least one-third of the members of the Board shall be women.

(5)

The Minister shall, in appointing the members of the Board under subsection (2), invite nominations from the respective institutions or organisations from which the appointments are to be made.

(6)

The members appointed under subsection (2)(1) and (m) shall be persons who qualify, by virtue of their knowledge and experience, in examination management.

(7)

A person shall be qualified to be appointed as the Chairperson of the Board where that person-

(a)

holds a master's degree from a recognised University; and

(b)

has held a senior management level position in the public service for at least ten years or has experience as an educationalist, of at least ten years.

(8)

The Executive Director shall be the secretary to the Board and shall not have the right to vote in any matter coming before the Board for 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

Mandatory duty

This section imposes mandatory requirements concerning “Board of Directors”.

“(1) The Examinations Board shall have a Board of Directors which shall be the governing body of the Examinations Board.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

24

(1) The Examinations Board shall have a Board of Directors which shall be the governing body of the Examinations Board.
(2) The Board shall consist of-
(a) a chairperson;
(b) a representative of the Directorate for Basic and Secondary Education who shall be at the rank of Commissioner or above;
(c) a representative of the Directorate for Education Standards who shall be at the rank of Commissioner or above;
(d) a representative of the Directorate of the National Curriculum Development Centre who shall be at the rank of Commissioner or above;
(e) a representative of the Attorney General who shall be at the rank of Commissioner or above;
(f) a head teacher of a secondary school, nominated by the Secondary School Head Teachers' Association;

16 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.

7. Disqualification from appointment to Board

A person shall not be appointed to the Board where the person (a) has been convicted of an offence under this Act or of an offence involving dishonesty or fraud by a competent court;

(b)

is determined to be a person suffering from mental illness after confirmation by a medical officer; or

(c)

has been adjudged bankrupt.

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 “Disqualification from appointment to Board”.

“A person shall not be appointed to the Board where the person (a) has been convicted of an offence under this Act or of an offence involving dishonesty or fraud by a competent court;”

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) is determined to be a person suffering from mental illness after confirmation by a medical officer; or
(c) has been adjudged bankrupt.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

8. Tenure of office of members of Board

The Chairperson and the members of the Board specified in section 6(2)(f) , (g), (h), (k), (l) and (m) shall hold office for three years and are eligible for re-appointment for one further term

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Tenure of office of members of Board”.

“The Chairperson and the members of the Board specified in section 6(2)(f), (g), (h), (k), (l) and (m) shall hold office for three years and are eligible for re-appointment for one further term”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Chairperson and the members of the Board specified in section 6(2)(f), (g), (h), (k), (l) and (m) shall hold office for three years and are eligible for re-appointment for one further term

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 6 · Board of Directors

Amendment notes

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

9. Resignation from office

(1)

The Chairperson of the Board may at any time resign from office, by giving notice of thirty days, in writing, to the Minister.

(2)

A member of the Board may, at any time, resign from office, by giving notice of thirty days, in writing, through the Chairperson to 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 “Resignation from office”.

“(1) The Chairperson of the Board may at any time resign from office, by giving notice of thirty days, in writing, to 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.

2

(1) The Chairperson of the Board may at any time resign from office, by giving notice of thirty days, in writing, to the Minister.
(2) A member of the Board may, at any time, resign from office, by giving notice of thirty days, in writing, through the Chairperson to 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.

10. Removal from office

(1)

The Minister may remove from office a member of the Board-

(a)

where information relating to the conduct of the member, which could have precluded his or her appointment, is brought to the attention of the Minister after appointment of the member;

(b)

for incompetence;

(c)

for misbehaviour or misconduct;

(d)

for failure to disclose, at a meeting of the Board, a matter in which he or she has a personal interest;

(e)

for inability to perform the functions of his or her office arising from infirmity of body or mind on confirmation of a medical officer; or

(f)

for absence, without prior notice to the Chairperson from more than three consecutive scheduled meetings of the Board, without reasonable excuse, or for absence from Uganda for more than twelve months.

(2)

Where it appears to the Minister that there is cause to remove from office a member of the Board under subsection (1), the Minister shall notify the member concerned, in writing, and shall give the member an opportunity to submit his or her explanation to 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 “Removal from office”.

“(1) The Minister may remove from office a member of the Board-”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

8

(1) The Minister may remove from office a member of the Board-
(a) where information relating to the conduct of the member, which could have precluded his or her appointment, is brought to the attention of the Minister after appointment of the member;
(b) for incompetence;
(c) for misbehaviour or misconduct;
(d) for failure to disclose, at a meeting of the Board, a matter in which he or she has a personal interest;
(e) for inability to perform the functions of his or her office arising from infirmity of body or mind on confirmation of a medical officer; or
(f) for absence, without prior notice to the Chairperson from more than three consecutive scheduled meetings of the Board, without reasonable excuse, or for absence from Uganda for more than twelve months.
(2) Where it appears to the Minister that there is cause to remove from office a member of the Board under subsection (1), the Minister shall notify the member concerned, in writing, and shall give the member an opportunity to submit his or her explanation to 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.

11. Filling vacancies on Board

(1)

A vacancy on the Board occurs where, a member of the Board dies, resigns, ceases to hold the office under which the member was appointed to the Board, is removed from office or for any other reason, is unable to act as a member of the Board.

(2)

The Chairperson shall notify the Minister of the vacancy within thirty days after the occurrence of the vacancy.

(3)

The Minister shall, within sixty days of receiving notice of a vacancy, appoint another person to the Board in accordance with section 6 .

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 “Filling vacancies on Board”.

“(1) A vacancy on the Board occurs where, a member of the Board dies, resigns, ceases to hold the office under which the member was appointed to the Board, is removed from office or for any other reason, is unable to act as a member of the Board.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) A vacancy on the Board occurs where, a member of the Board dies, resigns, ceases to hold the office under which the member was appointed to the Board, is removed from office or for any other reason, is unable to act as a member of the Board.
(2) The Chairperson shall notify the Minister of the vacancy within thirty days after the occurrence of the vacancy.
(3) The Minister shall, within sixty days of receiving notice of a vacancy, appoint another person to the Board in accordance with section 6.

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 6 · Board of Directors

Amendment notes

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

12. Remuneration of members of Board

The Chairperson and members of the Board shall be paid such remuneration as the Minister may, in consultation with the Minister responsible for finance and the Minister responsible for public service, specify in the instruments of appointment

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“The Chairperson and members of the Board shall be paid such remuneration as the Minister may, in consultation with the Minister responsible for finance and the Minister responsible for public service, specify in the instruments of appointment”

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 Chairperson and members of the Board shall be paid such remuneration as the Minister may, in consultation with the Minister responsible for finance and the Minister responsible for public service, specify in the instruments of appointment

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

13. Meetings of Board

The meetings of the Board and related matters shall be conducted in accordance with 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

Mandatory duty

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

“The meetings of the Board and related matters shall be conducted in accordance with Schedule 2 to this Act”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The meetings of the Board and related matters shall be conducted in accordance with 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

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

Amendment notes

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

14. Committees of Board

(1)

The Board shall have the following committees-

(a)

the Examinations Committee;

(b)

the Finance and General Purposes Committee;

(c)

the Human Resources Committee; and

(d)

the Examinations Security Committee.

(2)

The Board may, on the advice of the Executive Director, appoint other committees as it considers necessary to perform functions of the Board.

(3)

A committee appointed under this section may adopt its own rules of procedure.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“(1) The Board shall have the following committees-”

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) The Board shall have the following committees-
(a) the Examinations Committee;
(b) the Finance and General Purposes Committee;
(c) the Human Resources Committee; and
(d) the Examinations Security Committee.
(2) The Board may, on the advice of the Executive Director, appoint other committees as it considers necessary to perform functions of the Board.
(3) A committee appointed under this section may adopt its own rules of procedure.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

15. Executive Director

(1)

There shall be an Executive Director of the Examinations Board appointed by the Minister on recommendation of the Board on terms and conditions specified in the instrument of appointment.

(2)

The Executive Director shall be a person of high moral character and proven integrity, with the relevant qualifications, skills and experience related to the functions of the Examinations Board.

(3)

The Executive Director shall be appointed for a period of five years and is eligible for re- appointment for one further term.

(4)

The Executive Director shall be removed from office-

(a)

where information relating to the conduct of the Executive Director which could have precluded his or her appointment, is brought to the attention of the Minister;

(b)

for incompetence or misconduct;

(c)

for inability to perform the functions of his or her office arising from infirmity of body or mind after confirmation of the infirmity by a medical officer;

(d)

where the Executive Director has been convicted of an offence by a competent court; or

(e)

where the Executive Director has been declared insolvent.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Offence or consequence

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

“(1) There shall be an Executive Director of the Examinations Board appointed by the Minister on recommendation of the Board on terms and conditions specified in the instrument of appointment.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

9

(1) There shall be an Executive Director of the Examinations Board appointed by the Minister on recommendation of the Board on terms and conditions specified in the instrument of appointment.
(2) The Executive Director shall be a person of high moral character and proven integrity, with the relevant qualifications, skills and experience related to the functions of the Examinations Board.
(3) The Executive Director shall be appointed for a period of five years and is eligible for re- appointment for one further term.
(4) The Executive Director shall be removed from office-
(a) where information relating to the conduct of the Executive Director which could have precluded his or her appointment, is brought to the attention of the Minister;
(b) for incompetence or misconduct;
(c) for inability to perform the functions of his or her office arising from infirmity of body or mind after confirmation of the infirmity by a medical officer;
(d) where the Executive Director has been convicted of an offence by a competent court; or

1 further item remain in the statutory text above.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

16. Functions of Executive Director

The Executive Director is accountable to the Board and shall (a) be the chief executive and accounting officer of the Examinations Board;

(b)

be responsible for the day to day administration and operations of the Examinations Board; and

(c)

report to the Board on the performance of the Examinations Board.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Functions of Executive Director”.

“The Executive Director is accountable to the Board and shall (a) be the chief executive and accounting officer of the Examinations Board;”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(b) be responsible for the day to day administration and operations of the Examinations Board; and
(c) report to the Board on the performance of the Examinations Board.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

17. Other staff of the Examinations Board

(1)

The Board may, on the advice of the Executive Director, appoin other staff of the Examinations Board.

(2)

The other staff of the Examinations Board appointed under this section shall hold office on such terms and conditions as may be determined by the Board as may be specified in the instruments of appointment.

(3)

Subject to subsection (1), the Board shall in accordance with Rules made under section 44 , pay pensions, gratuities and other like payments on retirement or termination of service, whether by contributory or noncontributory arrangements, to the staff of the Examinations Board.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“(1) The Board may, on the advice of the Executive Director, appoin other staff of the Examinations Board.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) The Board may, on the advice of the Executive Director, appoin other staff of the Examinations Board.
(2) The other staff of the Examinations Board appointed under this section shall hold office on such terms and conditions as may be determined by the Board as may be specified in the instruments of appointment.
(3) Subject to subsection (1), the Board shall in accordance with Rules made under section 44, pay pensions, gratuities and other like payments on retirement or termination of service, whether by contributory or noncontributory arrangements, to the staff of the Examinations Board.

Judicial interpretation

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

0

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

Related provisions

Section 44 · Rules

Amendment notes

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

18. Funds of Examinations Board

The funds of the Examinations Board shall consist of (a) money appropriated by Parliament for the purposes of the Examinations Board;

(b)

examination registration fees paid by candidates;

(c)

loans, donations or grants received by the Examinations Board from sources within or outside Uganda, with the approval of the Minister responsible for finance; and

(d)

any other moneys that may become payable to the Examinations Board in the discharge of its functions under this Act.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“The funds of the Examinations Board shall consist of (a) money appropriated by Parliament for the purposes of the Examinations Board;”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(b) examination registration fees paid by candidates;
(c) loans, donations or grants received by the Examinations Board from sources within or outside Uganda, with the approval of the Minister responsible for finance; and
(d) any other moneys that may become payable to the Examinations Board in the discharge of its functions under this Act.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

19. Power to open and operate bank accounts

(1)

The Examinations Board shall, with the approval of the Accountant General, open and maintain such bank accounts as are necessary for the performance of the functions of the Examinations Board.

(2)

The Executive Director shall ensure that all money received by or on behalf of the Examinations Board is banked as soon as practicable in the bank accounts of the Examinations Board.

(3)

The Executive Director shall ensure that no money is withdrawn from or paid out of any of the bank accounts of the Examinations Board without the authorisation of the Executive Director.

(4)

The Executive Director shall notify the Board on the status of the accounts of the Examinations Board and advise on their operation or closure.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“(1) The Examinations Board shall, with the approval of the Accountant General, open and maintain such bank accounts as are necessary for the performance of the functions of the Examinations Board.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) The Examinations Board shall, with the approval of the Accountant General, open and maintain such bank accounts as are necessary for the performance of the functions of the Examinations Board.
(2) The Executive Director shall ensure that all money received by or on behalf of the Examinations Board is banked as soon as practicable in the bank accounts of the Examinations Board.
(3) The Executive Director shall ensure that no money is withdrawn from or paid out of any of the bank accounts of the Examinations Board without the authorisation of the Executive Director.
(4) The Executive Director shall notify the Board on the status of the accounts of the Examinations Board and advise on their operation or closure.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

20. Power to borrow

Subject to Article 159 of the Constitution and the Public Finance Management Act, the Examinations Board may borrow money from any source as may be required for meeting its obligations or for the discharge of its functions under this Act

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

This section confers or regulates the statutory power described as “Power to borrow”.

“Subject to Article 159 of the Constitution and the Public Finance Management Act, the Examinations Board may borrow money from any source as may be required for meeting its obligations or for the discharge of its functions under 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

Subject to Article 159 of the Constitution and the Public Finance Management Act, the Examinations Board may borrow money from any source as may be required for meeting its obligations or for the discharge of its functions under this Act

Judicial interpretation

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

0

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

Related provisions

Public Finance Management Act

Amendment notes

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

21. Estimates

(1)

The Executive Director shall, not later than three months before the end of each financial year, prepare and submit to the Board for its approval, estimates of income and expenditure of the Examinations Board for the next financial year.

(2)

The Examinations Board shall, in accordance with the Public Finance Management Act, prepare and submit to the Minister, a budget containing the estimates of the income and expenditure of the Examinations Board for the next financial year.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Estimates”.

“(1) The Executive Director shall, not later than three months before the end of each financial year, prepare and submit to the Board for its approval, estimates of income and expenditure of the Examinations Board for the next financial year.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Executive Director shall, not later than three months before the end of each financial year, prepare and submit to the Board for its approval, estimates of income and expenditure of the Examinations Board for the next financial year.
(2) The Examinations Board shall, in accordance with the Public Finance Management Act, prepare and submit to the Minister, a budget containing the estimates of the income and expenditure of the Examinations Board for the next financial year.

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

Public Finance Management Act

Amendment notes

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

22. Audit

The Auditor General or an auditor appointed by the Auditor General shall, in each financial year audit the accounts of the Examinations Board in accordance with the National Audit 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 “Audit”.

“The Auditor General or an auditor appointed by the Auditor General shall, in each financial year audit the accounts of the Examinations Board in accordance with the National Audit Act”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Auditor General or an auditor appointed by the Auditor General shall, in each financial year audit the accounts of the Examinations Board in accordance with the National Audit 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

National Audit Act

Amendment notes

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

23. Compliance with the Public Finance Management Act

The Examinations Board shall, at all times comply with the Public Finance Management 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 “Compliance with the Public Finance Management Act”.

“The Examinations Board shall, at all times comply with the Public Finance Management Act”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Examinations Board shall, at all times comply with the Public Finance Management 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

Public Finance Management Act

Amendment notes

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

24. Application of Part

In this Part, reference to examination paper, examination material, any other material and information includes (a) the electronic version of an examination paper, examination material or any other material or information; and

(b)

the electronic transmission of an examination paper, examination material or any other material and 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

Scope rule

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

“In this Part, reference to examination paper, examination material, any other material and information includes (a) the electronic version of an examination paper, examination material or any other material or information; and”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(b) the electronic transmission of an examination paper, examination material or any other material and 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.

25. Unauthorised possession of examination paper, material or information

(1)

A person who willfully before or during an examination has in his or her possession or under his or her control or who attempts to gain possession of any examination paper or any part of an examination paper, examination material, any other material or information which purports to relate to the contents of any examination paper or material or information for that examination, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment for a term not exceeding five years, or both.

(2)

A person who willfully or negligently, assists or causes any candidate to obtain or gain unauthorised possession of any examination paper, examination material, any other material and information or any part of the examination paper, material or information, commits an offence and is liable, on conviction, to a fine not exceeding two thousand currency points or to imprisonment for a term not exceeding ten years, or both.

(3)

Where the person convicted under subsection (2) is a registered teacher, he or she shall in addition be disciplined according to the relevant laws regulating the teaching profession.

(4)

For the purposes of proving an offence under this section, it shall not be necessary for the prosecution to prove that the examination paper, examination material, any other material or information is genuine or not.

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 “Unauthorised possession of examination paper, material or information”.

“(1) A person who willfully before or during an examination has in his or her possession or under his or her control or who attempts to gain possession of any examination paper or any part of an examination paper, examination material, any other material or information which purports to relate to the contents of any examination paper or material or information for that examination, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment for a term not…”

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 person who willfully before or during an examination has in his or her possession or under his or her control or who attempts to gain possession of any examination paper or any part of an examination paper, examination material, any other material or information which purports to relate to the contents of any examination paper or material or information for that examination, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment for a term not exceeding five years, or both.
(2) A person who willfully or negligently, assists or causes any candidate to obtain or gain unauthorised possession of any examination paper, examination material, any other material and information or any part of the examination paper, material or information, commits an offence and is liable, on conviction, to a fine not exceeding two thousand currency points or to imprisonment for a term not exceeding ten years, or both.
(3) Where the person convicted under subsection (2) is a registered teacher, he or she shall in addition be disciplined according to the relevant laws regulating the teaching profession.
(4) For the purposes of proving an offence under this section, it shall not be necessary for the prosecution to prove that the examination paper, examination material, any other material or information is genuine or not.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

26. Examination malpractice

(1)

A person who-

(a)

without lawful authority, before or during an examination, gives an examination paper, information or examination material or any other material or equipment to a candidate or to any other person;

(b)

with intent to fail or pass a candidate, alters the work, data, information, score or marks of a candidate;

(c)

without lawful authority, makes a change in the original answer script of a candidate;

(d)

substitutes the original answer script of a candidate;

(e)

alters the examination number, photograph or other identification of a candidate;

(f)

without lawful authority, alters the records of the Examinations Board with regard to an examination or examination results of a particular candidate; or

(g)

while engaged as a supervisor, invigilator, scout, monitor or special needs education support personnel negligently allows or fails to stop unauthorised assistance from being given to a candidate, commits an offence and is liable, on conviction, to a fine not exceeding one thousand 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 “Examination malpractice”.

“(1) A person who-”

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.

8

(1) A person who-
(a) without lawful authority, before or during an examination, gives an examination paper, information or examination material or any other material or equipment to a candidate or to any other person;
(b) with intent to fail or pass a candidate, alters the work, data, information, score or marks of a candidate;
(c) without lawful authority, makes a change in the original answer script of a candidate;
(d) substitutes the original answer script of a candidate;
(e) alters the examination number, photograph or other identification of a candidate;
(f) without lawful authority, alters the records of the Examinations Board with regard to an examination or examination results of a particular candidate; or
(g) while engaged as a supervisor, invigilator, scout, monitor or special needs education support personnel negligently allows or fails to stop unauthorised assistance from being given to a candidate, commits an offence and is liable, on conviction, to a fine not exceeding one thousand 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

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

Amendment notes

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

27. Loss or misuse of examination paper, material or information

A person who having in his or her possession or under his or her control any examination paper, examination material, any other material or information relating to the examination, who willfully or negligently looses the examination paper, examination material, any other material or information, or who uses the examination paper, examination material, any other material or information in a manner which is prejudicial to the proper and fair conduct of any examination, commits an offence and is liable, on conviction, to a fine not exceeding one thousand 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 “Loss or misuse of examination paper, material or information”.

“A person who having in his or her possession or under his or her control any examination paper, examination material, any other material or information relating to the examination, who willfully or negligently looses the examination paper, examination material, any other material or information, or who uses the examination paper, examination material, any other material or information in a manner which is prejudicial to the proper and fair conduct of any examination, commits an offence and is liable, on…”

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.

28. Damage or destruction of examination paper, examination material

any other material or information A person who willfully or maliciously damages an examination paper, equipment, examination material, any other material, or information, or any evidence that may lead to conviction under this Act, commits an offence and is liable, on conviction, to a fine not exceeding one thousand 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 “Damage or destruction of examination paper, examination material”.

“any other material or information A person who willfully or maliciously damages an examination paper, equipment, examination material, any other material, or information, or any evidence that may lead to conviction under this Act, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment for a term not exceeding five 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.

1

any other material or information A person who willfully or maliciously damages an examination paper, equipment, examination material, any other material, or information, or any evidence that may lead to conviction under this Act, commits an offence and is liable, on conviction, to a fine not exceeding one thousand 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

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

Amendment notes

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

29. Impersonation

A person who (a) is not registered to sit for an examination but who with intent to impersonate, presents or attempts to present himself or herself or another person, as a person registered as a candidate; or

(b)

registers for an examination using a false name or identity or sells, buys, borrows, lends or steals a certificate issued by the Examinations Board with intent to impersonate, commits an offence and is liable, on conviction, to a fine not exceeding one thousand 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 “Impersonation”.

“A person who (a) is not registered to sit for an examination but who with intent to impersonate, presents or attempts to present himself or herself or another person, as a person registered as a candidate; 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) registers for an examination using a false name or identity or sells, buys, borrows, lends or steals a certificate issued by the Examinations Board with intent to impersonate, commits an offence and is liable, on conviction, to a fine not exceeding one thousand 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

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.

30. Possession of offensive materials and disturbances at examinations

(1)

A person who is at, in or near a place designated as an examination room or examination area, with the intent to disrupt the conduct of an examination or to harm, intimidate, assault or obstruct a candidate or any person involved in the conduct or supervision of the examination-

(a)

has in their possession offensive material; or

(b)

acts or incites any person to act in a disorderly manner, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment for a term not exceeding five years, or both.

(2)

Where the person convicted under this section is a candidate, the Examinations Board shall, in addition to the penalty prescribed in subsection (1), nullify the registration or cancel the results of the candidate.

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 “Possession of offensive materials and disturbances at examinations”.

“(1) A person who is at, in or near a place designated as an examination room or examination area, with the intent to disrupt the conduct of an examination or to harm, intimidate, assault or obstruct a candidate or any person involved in the conduct or supervision of the examination-”

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 person who is at, in or near a place designated as an examination room or examination area, with the intent to disrupt the conduct of an examination or to harm, intimidate, assault or obstruct a candidate or any person involved in the conduct or supervision of the examination-
(a) has in their possession offensive material; or
(b) acts or incites any person to act in a disorderly manner, commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to imprisonment for a term not exceeding five years, or both.
(2) Where the person convicted under this section is a candidate, the Examinations Board shall, in addition to the penalty prescribed in subsection (1), nullify the registration or cancel the results of the candidate.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

31. Trespass

A person who trespasses in a place designated as an examinations room, examinations area or a marking center, during the course of an examination or during the course of marking examinations, respectively, commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or to imprisonment for a term not exceeding two 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 “Trespass”.

“A person who trespasses in a place designated as an examinations room, examinations area or a marking center, during the course of an examination or during the course of marking examinations, respectively, commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or to imprisonment for a term not exceeding two 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.

32. Misappropriation of examination registration fees

(1)

A person who is authorised or who purports to be authorised by an examination center, to collect examination registration fees from students to be registered for an examination, who fails, or neglects to remit to the Examinations Board the examination registration fees, commits an offence and is liable, on conviction, to a fine not exceeding two thousand currency points or to imprisonment for a term not exceeding ten years, or both.

(2)

In addition to the penalty in subsection (1), the person convicted shall pay back the money collected from the concerned students or the sponsors of the students and compensate them accordingly as the case may be.

(3)

Where the person convicted is a registered teacher, the person shall be disciplined under the relevant laws regulating the teaching profession.

(4)

Where it is established that the person in subsection (1) is a proprietor of a school, the Examinations Board may suspend or cancel the examination center.

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 “Misappropriation of examination registration fees”.

“(1) A person who is authorised or who purports to be authorised by an examination center, to collect examination registration fees from students to be registered for an examination, who fails, or neglects to remit to the Examinations Board the examination registration fees, commits an offence and is liable, on conviction, to a fine not exceeding two thousand 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) A person who is authorised or who purports to be authorised by an examination center, to collect examination registration fees from students to be registered for an examination, who fails, or neglects to remit to the Examinations Board the examination registration fees, commits an offence and is liable, on conviction, to a fine not exceeding two thousand currency points or to imprisonment for a term not exceeding ten years, or both.
(2) In addition to the penalty in subsection (1), the person convicted shall pay back the money collected from the concerned students or the sponsors of the students and compensate them accordingly as the case may be.
(3) Where the person convicted is a registered teacher, the person shall be disciplined under the relevant laws regulating the teaching profession.
(4) Where it is established that the person in subsection (1) is a proprietor of a school, the Examinations Board may suspend or cancel the examination center.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

33. Charging fees not prescribed by Examinations Board

(1)

A person who is authorised or who purports to be authorised by an examination center, to collect examination registration fees from students to be registered for examinations, who charges fees not prescribed by the Examinations Board, commits an offence and is liable, on conviction, to a fine not exceeding two thousand currency points or to imprisonment for a term not exceeding ten years, or both.

(2)

In addition to the penalty prescribed in subsection (1), the person convicted shall pay back the amount that is not prescribed by the Examinations Board to the concerned students or the sponsors of the students, as the case may be, and the Examinations Board may cancel the registration of the examination center.

(3)

Where the person convicted is a registered teacher, the person shall be disciplined under the relevant laws regulating the teaching profession.

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 “Charging fees not prescribed by Examinations Board”.

“(1) A person who is authorised or who purports to be authorised by an examination center, to collect examination registration fees from students to be registered for examinations, who charges fees not prescribed by the Examinations Board, commits an offence and is liable, on conviction, to a fine not exceeding two thousand 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.

3

(1) A person who is authorised or who purports to be authorised by an examination center, to collect examination registration fees from students to be registered for examinations, who charges fees not prescribed by the Examinations Board, commits an offence and is liable, on conviction, to a fine not exceeding two thousand currency points or to imprisonment for a term not exceeding ten years, or both.
(2) In addition to the penalty prescribed in subsection (1), the person convicted shall pay back the amount that is not prescribed by the Examinations Board to the concerned students or the sponsors of the students, as the case may be, and the Examinations Board may cancel the registration of the examination center.
(3) Where the person convicted is a registered teacher, the person shall be disciplined under the relevant laws regulating the teaching profession.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

34. Disclosure of interest in examination

(1)

A person who is engaged in the conduct of an examination or in performing work connected with an examination shall, as soon as practicable before the commencement of duties in respect of the examination, disclose to the Examinations Board, any interest he or she has in the examination.

(2)

A person who discloses an interest under subsection (1) shall continue to be engaged in the duties referred to in subsection (1) unless the Examinations Board otherwise directs.

(3)

For purposes of this section, "a person with an interest" means direct or indirect involvement, in a private capacity, in the examination or in any other examination or information related to another examination and includes a spouse, child or parent, of that person being a candidate in the examination.

(4)

A person who contravenes this section shall be subject to such action as the Board may prescribe.

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 “Disclosure of interest in examination”.

“(1) A person who is engaged in the conduct of an examination or in performing work connected with an examination shall, as soon as practicable before the commencement of duties in respect of the examination, disclose to the Examinations Board, any interest he or she has in the examination.”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Disclosure of interest in examination”.

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 person who is engaged in the conduct of an examination or in performing work connected with an examination shall, as soon as practicable before the commencement of duties in respect of the examination, disclose to the Examinations Board, any interest he or she has in the examination.
(2) A person who discloses an interest under subsection (1) shall continue to be engaged in the duties referred to in subsection (1) unless the Examinations Board otherwise directs.
(3) For purposes of this section, "a person with an interest" means direct or indirect involvement, in a private capacity, in the examination or in any other examination or information related to another examination and includes a spouse, child or parent, of that person being a candidate in the examination.
(4) A person who contravenes this section shall be subject to such action as the Board may prescribe.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

35. Improper disclosure of information

(1)

A staff of the Examinations Board or a person engaged in the business of the Examinations Board shall not disclose the information of the Examinations Board except where the disclosure is in the course of his or her duties and is with the written consent of the Executive Director.

(2)

A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one thousand 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 “Improper disclosure of information”.

“(1) A staff of the Examinations Board or a person engaged in the business of the Examinations Board shall not disclose the information of the Examinations Board except where the disclosure is in the course of his or her duties and is with the written consent of the Executive Director.”

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 staff of the Examinations Board or a person engaged in the business of the Examinations Board shall not disclose the information of the Examinations Board except where the disclosure is in the course of his or her duties and is with the written consent of the Executive Director.
(2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one thousand 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.

36. Aiding, abetting, inducing or inciting

A person who aids, abets, induces or incites another person to do or does an act in a manner that facilitates the commission of an offence under this Act, commits an offence and is liable, on conviction, to the penalty prescribed under the respective section in relation to that 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 “Aiding, abetting, inducing or inciting”.

“A person who aids, abets, induces or incites another person to do or does an act in a manner that facilitates the commission of an offence under this Act, commits an offence and is liable, on conviction, to the penalty prescribed under the respective section in relation to that 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.

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.

37. Request for information

(1)

The Examinations Board may at any time in writing, request any person or body to furnish the Examinations Board with information or to produce documents or records as the Examinations Board considers necessary and relevant for purposes of this Act.

(2)

A person who without reasonable cause-

(a)

withholds any information, document or record considered necessary and relevant, prejudicial or likely to be prejudicial to the proper functioning of the Examinations Board; or

(b)

in furnishing information to the Examinations Board, makes a statement which he or she knows to be false, commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or to imprisonment for a term not exceeding two 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 “Request for information”.

“(1) The Examinations Board may at any time in writing, request any person or body to furnish the Examinations Board with information or to produce documents or records as the Examinations Board considers necessary and relevant for purposes of this Act.”

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) The Examinations Board may at any time in writing, request any person or body to furnish the Examinations Board with information or to produce documents or records as the Examinations Board considers necessary and relevant for purposes of this Act.
(2) A person who without reasonable cause-
(a) withholds any information, document or record considered necessary and relevant, prejudicial or likely to be prejudicial to the proper functioning of the Examinations Board; or
(b) in furnishing information to the Examinations Board, makes a statement which he or she knows to be false, commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or to imprisonment for a term not exceeding two 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.

38. Cancellation of examinations

(1)

The Examinations Board may cancel an examination or any part of an examination where it is satisfied that there has been an irregularity in the course of preparation, conduct or supervision of that examination.

(2)

For the avoidance of doubt, the Examinations Board shall cancel the results of a candidate where the candidate-

(a)

copies from the script or work of another candidate;

(b)

allows another candidate to copy from his or her script or work;

(c)

communicates with another candidate with the intent to assist that other candidate to answer an examination question;

(d)

without lawful authority, is in possession of a textbook, electronic device or any other source from which a candidate may obtain information or material in a place designated as an examinatioi room or area;

(e)

without lawful authority, copies from notes, a textbook or ar electronic device or any other source from which a candidate may obtain information;

(f)

without lawful authority, receives external assistance; or

(g)

proves to have had prior knowledge of the examination.

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 “Cancellation of examinations”.

“(1) The Examinations Board may cancel an examination or any part of an examination where it is satisfied that there has been an irregularity in the course of preparation, conduct or supervision of that examination.”

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) The Examinations Board may cancel an examination or any part of an examination where it is satisfied that there has been an irregularity in the course of preparation, conduct or supervision of that examination.
(2) For the avoidance of doubt, the Examinations Board shall cancel the results of a candidate where the candidate-
(a) copies from the script or work of another candidate;
(b) allows another candidate to copy from his or her script or work;
(c) communicates with another candidate with the intent to assist that other candidate to answer an examination question;
(d) without lawful authority, is in possession of a textbook, electronic device or any other source from which a candidate may obtain information or material in a place designated as an examinatioi room or area;
(e) without lawful authority, copies from notes, a textbook or ar electronic device or any other source from which a candidate may obtain information;
(f) without lawful authority, receives external assistance; or

1 further item remain in the statutory text above.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

39. Cancellation of registration of candidate

The Examinations Board shall cancel the registration of a candidate (a) where it is satisfied that the candidate who is registered to sit for an examination has colluded with another person to register for the same examination with the intention of having the latter person write the examination on his or her behalf; or

(b)

where a person registers as a candidate for examinations using forged results.

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 “Cancellation of registration of candidate”.

“The Examinations Board shall cancel the registration of a candidate (a) where it is satisfied that the candidate who is registered to sit for an examination has colluded with another person to register for the same examination with the intention of having the latter person write the examination on his or her behalf; or”

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

(b) where a person registers as a candidate for examinations using forged results.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

40. Suspension of registration of examination centre

The Examinations Board may stop a school or facility registered as an examination center from conducting examinations for a period determined by the Examinations Board where (a) management of the school or facility acts contrary to the provisions of this Act or in a manner prejudicial to the conduct of examinations either before, during or after an examination; or

(b)

the facilities required for the conduct of examinations cease to satisfy the requirements prescribed by the Examinations Board.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

This section confers or regulates the statutory power described as “Suspension of registration of examination centre”.

“The Examinations Board may stop a school or facility registered as an examination center from conducting examinations for a period determined by the Examinations Board where (a) management of the school or facility acts contrary to the provisions of this Act or in a manner prejudicial to the conduct of examinations either before, during or after an examination; 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) the facilities required for the conduct of examinations cease to satisfy the requirements prescribed by the Examinations Board.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

41. Protection from personal liability

A member of staff of the Examinations Board or a person so authorised by the Examinations Board shall not be held personally liable for any act or omission done in good faith in the execution of the functions or powers of the Examinations Board, under this Act

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Protection from personal liability”.

“A member of staff of the Examinations Board or a person so authorised by the Examinations Board shall not be held personally liable for any act or omission done in good faith in the execution of the functions or powers of the Examinations Board, under this Act”

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 member of staff of the Examinations Board or a person so authorised by the Examinations Board shall not be held personally liable for any act or omission done in good faith in the execution of the functions or powers of the Examinations Board, under this Act

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

42. Examinations Board to keep information confidential

The Examinations Board shall keep information acquired under this Act confidential and shall only disclose the information to the extent the Examinations Board considers necessary for purposes 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

Mandatory duty

This section imposes mandatory requirements concerning “Examinations Board to keep information confidential”.

“The Examinations Board shall keep information acquired under this Act confidential and shall only disclose the information to the extent the Examinations Board considers necessary for purposes of this Act”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Examinations Board shall keep information acquired under this Act confidential and shall only disclose the information to the extent the Examinations Board considers necessary for purposes 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.

43. Oath of secrecy

(1)

The Examinations Board shall require a person who is engaged in the preparation, conduct and supervision of any examination or the handling of any examination paper or material, to take the oath of secrecy, as may be prescribed by the Examinations Board.

(2)

A person who takes the oath of secrecy but does or omits to do, any act in contravention of the oath of secrecy, commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or to imprisonment for a term not exceeding two 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 “Oath of secrecy”.

“(1) The Examinations Board shall require a person who is engaged in the preparation, conduct and supervision of any examination or the handling of any examination paper or material, to take the oath of secrecy, as may be prescribed by the Examinations Board.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Examinations Board shall require a person who is engaged in the preparation, conduct and supervision of any examination or the handling of any examination paper or material, to take the oath of secrecy, as may be prescribed by the Examinations Board.
(2) A person who takes the oath of secrecy but does or omits to do, any act in contravention of the oath of secrecy, commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or to imprisonment for a term not exceeding two 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.

44. Rules

(1)

The Board may, with the prior approval of the Minister, make Rules regulating the conduct of the business of the Board.

(2)

Without prejudice to the generality of subsection (1), the Rules shall regulate-

(a)

the preparation, conduct and supervision of examinations;

(b)

the appointment, remuneration, discipline and dismissal of the staff of the Examinations Board;

(c)

the payment of pensions, gratuities and other like payments on retirement or termination of service whether by contributory or non-contributory arrangements, to the Staff of the Examinations Board;

(d)

the qualifications of candidates;

(e)

the conduct of candidates, and of persons engaged in the preparation, conduct and supervision of any examination or the handling of any examination paper or material; and

(f)

the fees to be paid by the candidates.

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 “Rules”.

“(1) The Board may, with the prior approval of the Minister, make Rules regulating the conduct of the business of the Board.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

8

(1) The Board may, with the prior approval of the Minister, make Rules regulating the conduct of the business of the Board.
(2) Without prejudice to the generality of subsection (1), the Rules shall regulate-
(a) the preparation, conduct and supervision of examinations;
(b) the appointment, remuneration, discipline and dismissal of the staff of the Examinations Board;
(c) the payment of pensions, gratuities and other like payments on retirement or termination of service whether by contributory or non-contributory arrangements, to the Staff of the Examinations Board;
(d) the qualifications of candidates;
(e) the conduct of candidates, and of persons engaged in the preparation, conduct and supervision of any examination or the handling of any examination paper or material; and
(f) the fees to be paid by the candidates.

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.

45. Regulations

The Minister may, on the recommendation of the Examinations Board, make regulations generally for the 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, on the recommendation of the Examinations Board, make regulations generally for the 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, on the recommendation of the Examinations Board, make regulations generally for the 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.

46. Power to amend Schedules

(1)

The Minister may, by statutory instrument, with approval ol Cabinet, amend Schedule 1 to this Act.

(2)

The Minister may, by statutory instrument, amend Schedule 2 to this Act.

Schedule 1 (Sections 1 , 46(1) )

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

Schedule 2 (Sections 13 , 46(2) )

Quorum The quorum for a meeting of the Board is half the number of members.

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 Schedules”.

“(1) The Minister may, by statutory instrument, with approval ol Cabinet, amend Schedule 1 to 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.

2

(1) The Minister may, by statutory instrument, with approval ol Cabinet, amend Schedule 1 to this Act.
(2) The Minister may, by statutory instrument, amend 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 1 · Interpretation Section 13 · Meetings of Board

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

Part II

2. The Uganda National Examinations Board

3. Seal and documents of Examinations Board

4. Functions of Examinations Board

5. Powers of Examinations Board

6. Board of Directors

7. Disqualification from appointment to Board

8. Tenure of office of members of Board

9. Resignation from office

10. Removal from office

11. Filling vacancies on Board

12. Remuneration of members of Board

13. Meetings of Board

14. Committees of Board

15. Executive Director

16. Functions of Executive Director

17. Other staff of the Examinations Board

Part III

18. Funds of Examinations Board

19. Power to open and operate bank accounts

20. Power to borrow

21. Estimates

22. Audit

23. Compliance with the Public Finance Management Act

Part IV

24. Application of Part

25. Unauthorised possession of examination paper, material or information

26. Examination malpractice

27. Loss or misuse of examination paper, material or information

28. Damage or destruction of examination paper, examination material

29. Impersonation

30. Possession of offensive materials and disturbances at examinations

31. Trespass

32. Misappropriation of examination registration fees

33. Charging fees not prescribed by Examinations Board

34. Disclosure of interest in examination

35. Improper disclosure of information

36. Aiding, abetting, inducing or inciting

37. Request for information

Part V

38. Cancellation of examinations

39. Cancellation of registration of candidate

40. Suspension of registration of examination centre

Part VI

41. Protection from personal liability

42. Examinations Board to keep information confidential

43. Oath of secrecy

44. Rules

45. Regulations

46. Power to amend Schedules