Uganda National Roads Authority Act

Commencement

This Act shall come into force on a date to be appointed by the Minister by statutory instrument

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 “Commencement”.

“This Act shall come into force on a date to be appointed by the Minister by statutory instrument”

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

This Act shall come into force on a date to be appointed by the Minister by statutory instrument

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.

Purpose of the Act

The purpose of this Act is (a) to establish the Uganda National Roads Authority;

(b)

to facilitate the delivery of roads services;

(c)

to create an environment that is conducive to the efficient and effective management of the national roads network and other services provided by the Authority; and

(d)

to promote the potential for the continuous improvement of the services provided by the Authority.

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 “Purpose of the Act”.

“The purpose of this Act is (a) to establish the Uganda National Roads Authority;”

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) to facilitate the delivery of roads services;
(c) to create an environment that is conducive to the efficient and effective management of the national roads network and other services provided by the Authority; and
(d) to promote the potential for the continuous improvement of the services provided by the Authority.

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.

Principles

The Authority shall, in achieving its purposes under section 2 , take into account and give effect to the following principles (a) the provision of its services in the most economic, efficient and effective manner;

(b)

the management of its affairs in a businesslike and cost-effective manner and in accordance with modern management practices and techniques and in particular, apply to its operations the best standards of financial management and accounting; and

(c)

ensure that its operations are designed for the provision of the best services to its customers, while maintaining a high degree of responsiveness to their needs.

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 “Principles”.

“The Authority shall, in achieving its purposes under section 2, take into account and give effect to the following principles (a) the provision of its services in the most economic, efficient and effective manner;”

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

(b) the management of its affairs in a businesslike and cost-effective manner and in accordance with modern management practices and techniques and in particular, apply to its operations the best standards of financial management and accounting; and
(c) ensure that its operations are designed for the provision of the best services to its customers, while maintaining a high degree of responsiveness to their needs.

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 · Purpose of the Act

Amendment notes

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

Interpretation

In this Act, unless the context otherwise requires

"Authority" means the Uganda National Roads Authority established by section 5 ;

"Board" means the Board of Directors appointed under section 8 ;

"Chairperson" means the Chairperson of the Board appointed under section 8 ;

"currency point" means the value assigned to a currency point in the First Schedule;

"Executive Director" means the Executive Director of the Authority appointed under section 18 , or a person authorised to act on his or her behalf;

"Minister" means the Minister responsible for roads;

"National Planning Authority" means the National Planning Authority provided for by the National Planning Authority Act 2002;

"national road" means a road maintained by the Government;

"national roads network" means the system of all roads maintained by the Government;

"road" means any highway and any other road to which the public have access and includes-

(a)

a bridge over which a road passes;

(b)

a ferry, as defined in the Ferries Act and designated by the Minister for the purposes of this Act, by regulations made under section 37(2)(k) ;

(c)

a ship, as defined in the Inland Water Transport (Control) Act, and designated by the Minister for the purposes of this Act, by regulations made under section 37(2)(k) .

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 "Authority" means the Uganda National Roads Authority established by section 5;”

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.

9

"Board" means the Board of Directors appointed under section 8;
"Chairperson" means the Chairperson of the Board appointed under section 8;
"currency point" means the value assigned to a currency point in the First Schedule;
"Executive Director" means the Executive Director of the Authority appointed under section 18, or a person authorised to act on his or her behalf;
"Minister" means the Minister responsible for roads;
"National Planning Authority" means the National Planning Authority provided for by the National Planning Authority Act 2002;
"national road" means a road maintained by the Government;
"national roads network" means the system of all roads maintained by the Government;

1 further item remain in the statutory text above.

Judicial interpretation

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

0

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

Related provisions

Section 5 · Establishment of Authority Section 8 · Board of Directors Section 18 · Executive Director Section 37 · Regulations National Planning Authority Act

Amendment notes

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

Establishment of Authority

(1)

There is established the Uganda National Roads Authority.

(2)

The Authority is a body corporate with perpetual succession and a common seal and may, for the discharge of its functions under this Act-

(a)

acquire, hold and dispose of moveable and immovable property;

(b)

sue and be sued in its corporate name; and

(c)

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

(3)

The Authority shall be under the general supervision of the Minister.

Section analysis 2 source-matched judicial passages Source linked

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

What this section does

Statutory power

This section confers or regulates the statutory power described as “Establishment of Authority”.

“(1) There is established the Uganda National Roads Authority.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(1) There is established the Uganda National Roads Authority.
(2) The Authority is a body corporate with perpetual succession and a common seal and may, for the discharge of its functions under this Act-
(a) acquire, hold and dispose of moveable and immovable property;
(b) sue and be sued in its corporate name; and
(c) do all acts and things as a body corporate may lawfully do.
(3) The Authority shall be under the general supervision of the Minister.

Judicial interpretation

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

3

Appellate court — binding on lower courts ✓ Source matched

Section 5 of the Uganda National Roads Authority Act provides; 5.

Uganda National Roads Authority (UNRA) v Parambot Breweries Limited and Another (Civil Appeal 321 of 2019) [2023] UGCA 300 (1 November 2023)

[2023] UGCA 300 · Court of Appeal · 2023-11-01

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

Appellate court — binding on lower courts ✓ Source matched

Section 5 of the Uganda National Roads Authority Act provides; 5.

Uganda National Roads Authority v Parambot Breweries Limited and Another (Civil Appeal 321 of 2019) [2023] UGCA 288 (1 November 2023)

[2023] UGCA 288 · Court of Appeal · 2023-11-01

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

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.

Functions of Authority

(1)

The functions of the Authority are-

(a)

to be responsible for the management of the national roads network;

(b)

to maintain and develop the national roads network;

(c)

to advise the Government on policy matters concerning roads generally, and to assist in the co-ordination and implementation of the policy relating to roads;

(d)

to contribute to the addressing of transport concerns in overall national planning through co-ordination with the relevant ministries, departments and agencies of Government;

(e)

to collaborate with international organisations, intergovernmental organisations and agencies of other states and the private sector on issues relating to the development and maintenance of roads;

(f)

to enter into agreements or other arrangements with any person for the provision of roads services, subject to such charges as may be agreed upon;

(g)

to advise and assist the Minister, subject to such conditions as may be agreed upon, in regard to-

(i)

any matter relating to the planning, design, construction and maintenance of roads, whether the roads are part of the national roads network or not;

(ii)

the establishment and maintenance of road reserves in accordance with the Roads Act; and

(iii)

the exercise of any power or performance of any duty which the Minister may or is required to exercise or perform under this Act; and

(h)

to perform any other function incidental or consequential to its functions under this Act or as may be conferred on it under this Act.

(2)

The Authority shall, to the greatest extent possible, and consistent with this Act, consult and co-operate with departments, branches and agencies of the Government and with utility service providers having duties, aims or objectives related to those of the Authority.

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 Authority”.

“(1) The functions of the Authority 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 Authority are-
(a) to be responsible for the management of the national roads network;
(b) to maintain and develop the national roads network;
(c) to advise the Government on policy matters concerning roads generally, and to assist in the co-ordination and implementation of the policy relating to roads;
(d) to contribute to the addressing of transport concerns in overall national planning through co-ordination with the relevant ministries, departments and agencies of Government;
(e) to collaborate with international organisations, intergovernmental organisations and agencies of other states and the private sector on issues relating to the development and maintenance of roads;
(f) to enter into agreements or other arrangements with any person for the provision of roads services, subject to such charges as may be agreed upon;
(g) to advise and assist the Minister, subject to such conditions as may be agreed upon, in regard to-

5 further items remain in the statutory text above.

Judicial interpretation

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

2

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

Roads Act

Amendment notes

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

Powers of Minister

(1)

The Minister may give directions in writing to the Authority with respect to the policy to be observed and implemented by the Authority, and the Authority shall comply with those directions.

(2)

The Minister may, after consultation with the Authority, direct the Authority, in writing, to undertake a road project or programme that is not part of the national roads network, and which the Minister considers necessary and in the national interest for improving accessibility to, or within, any area in Uganda.

(3)

The Authority shall comply with a direction given to it by the Minister under subsection (2), subject to the funding of the road project or programme from moneys provided by Parliament or from any other source agreed upon by the Minister and the Authority.

(4)

The Minister shall cause a copy of any directions given to the Authority under this section to be published in the Gazette and shall lay a copy of the directions before Parliament.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“(1) The Minister may give directions in writing to the Authority with respect to the policy to be observed and implemented by the Authority, and the Authority shall comply with those directions.”

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 Minister may give directions in writing to the Authority with respect to the policy to be observed and implemented by the Authority, and the Authority shall comply with those directions.
(2) The Minister may, after consultation with the Authority, direct the Authority, in writing, to undertake a road project or programme that is not part of the national roads network, and which the Minister considers necessary and in the national interest for improving accessibility to, or within, any area in Uganda.
(3) The Authority shall comply with a direction given to it by the Minister under subsection (2), subject to the funding of the road project or programme from moneys provided by Parliament or from any other source agreed upon by the Minister and the Authority.
(4) The Minister shall cause a copy of any directions given to the Authority under this section to be published in the Gazette and shall lay a copy of the directions before Parliament.

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.

Board of Directors

(1)

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

(2)

The Board of Directors shall consist of not less than five and not more than seven members appointed by the Minister with the approval of Cabinet.

(3)

The members appointed under subsection (2) shall include-

(a)

the Executive Director of the Authority, ex officio;

(b)

a representative of the Ministry responsible for roads, not below the rank of Commissioner;

(c)

a representative of the Ministry responsible for finance, not below the rank of Commissioner;

(d)

a representative of the National Planning Authority;

(e)

a representative of engineers nominated by a professional body of engineers; and

(f)

two representatives from the private sector.

(4)

The Minister shall appoint one of the members of the Board, other than the Executive Director, to be the Chairperson of the Board.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

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

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

10

(1) The Authority shall have a Board of Directors, which shall be the governing body of the Authority.
(2) The Board of Directors shall consist of not less than five and not more than seven members appointed by the Minister with the approval of Cabinet.
(3) The members appointed under subsection (2) shall include-
(a) the Executive Director of the Authority, ex officio;
(b) a representative of the Ministry responsible for roads, not below the rank of Commissioner;
(c) a representative of the Ministry responsible for finance, not below the rank of Commissioner;
(d) a representative of the National Planning Authority;
(e) a representative of engineers nominated by a professional body of engineers; and

2 further items remain in the statutory text above.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

Qualifications of members of Board

(1)

The members of the Board shall be persons of high moral character and proven integrity who are qualified in, and have had experience and shown capacity in management, business administration, financial management and roads matters.

(2)

The Minister shall, in appointing the members of the Board, ensure that there is adequate representation of customer interests and a balance of skills, gender and experience among the members of the Board.

(3)

The members of the Board shall hold office on terms and conditions specified in their 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

Mandatory duty

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

“(1) The members of the Board shall be persons of high moral character and proven integrity who are qualified in, and have had experience and shown capacity in management, business administration, financial management and roads matters.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) The members of the Board shall be persons of high moral character and proven integrity who are qualified in, and have had experience and shown capacity in management, business administration, financial management and roads matters.
(2) The Minister shall, in appointing the members of the Board, ensure that there is adequate representation of customer interests and a balance of skills, gender and experience among the members of the Board.
(3) The members of the Board shall hold office on terms and conditions specified in their 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.

Disqualification for appointment

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

(b)

is an undischarged bankrupt, or has made any assignment or arrangement with his or her creditors;

(c)

has been convicted of an offence and sentenced to a term of imprisonment for six months or more by a competent court in Uganda or elsewhere; or

(d)

is a Member of Parliament, a Minister, a member of a local government council, or is a member of a regional assembly or a regional government.

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 for appointment”.

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

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

(b) is an undischarged bankrupt, or has made any assignment or arrangement with his or her creditors;
(c) has been convicted of an offence and sentenced to a term of imprisonment for six months or more by a competent court in Uganda or elsewhere; or
(d) is a Member of Parliament, a Minister, a member of a local government council, or is a member of a regional assembly or a regional government.

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.

Tenure of office of members of Board

(1)

A member of the Board shall hold office for three years and is eligible for reappointment for one more term, except that of the first members to be appointed to the Board, three shall be appointed to hold office for two years.

(2)

A member of the Board may, at any time, resign his or her office by letter addressed to the Minister, giving notice of not less than one month.

(3)

The Minister may, at any time, remove a member of the Board only-

(a)

for inability to perform the functions of his or her office arising from infirmity of body or mind;

(b)

for misbehaviour or misconduct;

(c)

for incompetence;

(d)

for absence without prior permission of the Chairperson, or without reasonable cause to the satisfaction of the Minister, for more than four consecutive meetings of the Board;

(e)

for bankruptcy or insolvency;

(f)

for conviction of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine; or

(g)

if information relating to the conduct of a member, which could have precluded his or her appointment if it had been made available to the Minister, is brought to the attention of the Minister.

(4)

Where it appears to the Minister that there is cause to remove a member under subsection (3), 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.

(5)

A person removed under this section is not entitled to any benefits that may be payable to him or her under section 13 .

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 “Tenure of office of members of Board”.

“(1) A member of the Board shall hold office for three years and is eligible for reappointment for one more term, except that of the first members to be appointed to the Board, three shall be appointed to hold office for two years.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

12

(1) A member of the Board shall hold office for three years and is eligible for reappointment for one more term, except that of the first members to be appointed to the Board, three shall be appointed to hold office for two years.
(2) A member of the Board may, at any time, resign his or her office by letter addressed to the Minister, giving notice of not less than one month.
(3) The Minister may, at any time, remove a member of the Board only-
(a) for inability to perform the functions of his or her office arising from infirmity of body or mind;
(b) for misbehaviour or misconduct;
(c) for incompetence;
(d) for absence without prior permission of the Chairperson, or without reasonable cause to the satisfaction of the Minister, for more than four consecutive meetings of the Board;
(e) for bankruptcy or insolvency;

4 further items remain in the statutory text above.

Judicial interpretation

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

0

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

Related provisions

Section 13 · Remuneration of members of Board

Amendment notes

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

Filling of vacancies of Board

Where a member is removed from office under section 11 , the Minister may appoint another person qualified in terms of section 9 to replace the member, and to hold office for the remainder of the term of the previous member

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 “Filling of vacancies of Board”.

“Where a member is removed from office under section 11, the Minister may appoint another person qualified in terms of section 9 to replace the member, and to hold office for the remainder of the term of the previous member”

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

Where a member is removed from office under section 11, the Minister may appoint another person qualified in terms of section 9 to replace the member, and to hold office for the remainder of the term of the previous member

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 11 · Tenure of office of members of Board Section 9 · Qualifications of members of Board

Amendment notes

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

Remuneration of members of Board

The Chairperson and the members of the Board shall be paid such remuneration as may be specified in their 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 the members of the Board shall be paid such remuneration as may be specified in their 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 the members of the Board shall be paid such remuneration as may be specified in their 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.

Functions of Board

(1)

The Board is responsible for the general direction and supervision of the Authority.

(2)

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

(a)

oversee the operations of the Authority;

(b)

advise the Minister on road-related policy and strategic issues;

(c)

review and approve business and operating plans, budgets, reports and audited financial statements of the Authority;

(d)

determine the objectives and general performance of the Authority as set out in-

(i)

the business plan of the Authority;

(ii)

the strategic plan of the Authority;

(iii)

the annual plan of the Authority; and

(iv)

the performance agreement;

(e)

establish and approve rules and procedures for appointment, promotion, termination, discipline, and terms and conditions of service of the staff of the Authority;

(f)

provide guidance to the Executive Director and staff of the Authority;

(g)

review the management of the Authority; and

(h)

perform any other function conferred by this Act or which may be necessary for the proper implementation of this Act.

(3)

The Board is, in the performance of its functions, responsible 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 “Functions of Board”.

“(1) The Board is responsible for the general direction and supervision of the Authority.”

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.

15

(1) The Board is responsible for the general direction and supervision of the Authority.
(2) Without prejudice to the generality of subsection (1), the Board shall-
(a) oversee the operations of the Authority;
(b) advise the Minister on road-related policy and strategic issues;
(c) review and approve business and operating plans, budgets, reports and audited financial statements of the Authority;
(d) determine the objectives and general performance of the Authority as set out in-
(i) the business plan of the Authority;
(ii) the strategic plan of the Authority;

7 further items remain in the statutory text above.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

Meetings of Board and related matters

The Second Schedule has effect in relation to meetings of the Board and other matters provided for in that Schedule

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Governing rule

This section states the governing statutory rule for “Meetings of Board and related matters”.

“The Second Schedule has effect in relation to meetings of the Board and other matters provided for in that Schedule”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

0

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

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

Committees of Board

(1)

The Board may appoint committees of the Board-

(a)

to inquire into and advise the Board on any matter concerning the functions of the Authority as the Board may refer to the committee;

(b)

to exercise such powers or perform such functions of the Authority as the Board may delegate or refer to the committee under section 17 .

(2)

A committee appointed under subsection (1) shall consist of a Chairperson and other persons, whether members of the Board or not, as the Board may determine.

(3)

The Board may require a committee appointed under this section to act jointly or in co-operation with any other committee.

(4)

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

(5)

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

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“(1) The Board may appoint committees 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.

7

(1) The Board may appoint committees of the Board-
(a) to inquire into and advise the Board on any matter concerning the functions of the Authority as the Board may refer to the committee;
(b) to exercise such powers or perform such functions of the Authority as the Board may delegate or refer to the committee under section 17.
(2) A committee appointed under subsection (1) shall consist of a Chairperson and other persons, whether members of the Board or not, as the Board may determine.
(3) The Board may require a committee appointed under this section to act jointly or in co-operation with any other committee.
(4) Members of a committee appointed under this section may be paid such allowances as the Board may, with the written approval of the Minister, determine.
(5) Subject to any direction given by the Board, a committee appointed under this section may regulate its own procedure.

Judicial interpretation

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

0

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

Related provisions

Section 17 · Delegation of functions of Authority

Amendment notes

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

Delegation of functions of Authority

(1)

The Board may, by instrument of delegation, delegate to the Chairperson, a member of the Board, an officer of the Authority or to a committee established under section 16 , any of the powers, duties or functions of the Authority under this Act.

(2)

The terms and conditions regulating the exercise of the powers delegated under this section shall be contained in the instrument of delegation.

(3)

A person aggrieved by the decision of a delegate in the exercise of powers under this section may appeal to the Board.

(4)

A person shall, in the exercise of a delegated power under this section, comply with directions or guidelines as the Board may, from time to time, issue in writing.

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 “Delegation of functions of Authority”.

“(1) The Board may, by instrument of delegation, delegate to the Chairperson, a member of the Board, an officer of the Authority or to a committee established under section 16, any of the powers, duties or functions of the Authority 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.

4

(1) The Board may, by instrument of delegation, delegate to the Chairperson, a member of the Board, an officer of the Authority or to a committee established under section 16, any of the powers, duties or functions of the Authority under this Act.
(2) The terms and conditions regulating the exercise of the powers delegated under this section shall be contained in the instrument of delegation.
(3) A person aggrieved by the decision of a delegate in the exercise of powers under this section may appeal to the Board.
(4) A person shall, in the exercise of a delegated power under this section, comply with directions or guidelines as the Board may, from time to time, issue in writing.

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 16 · Committees of Board

Amendment notes

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

Executive Director

(1)

The Board shall have an Executive Director who shall be appointed by the Minister on the recommendation of the Board, on terms and conditions specified in his or her instrument of appointment.

(2)

The Executive Director may not engage in paid employment outside the duties of his or her office, except with the written approval of the Minister.

(3)

The Executive Director shall be a person of high moral character and proven integrity, with the relevant qualifications and experience relating to the functions of the Authority.

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 “Executive Director”.

“(1) The Board shall have an Executive Director who shall be appointed by the Minister on the recommendation of the Board, on terms and conditions specified in his or her instrument 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.

3

(1) The Board shall have an Executive Director who shall be appointed by the Minister on the recommendation of the Board, on terms and conditions specified in his or her instrument of appointment.
(2) The Executive Director may not engage in paid employment outside the duties of his or her office, except with the written approval of the Minister.
(3) The Executive Director shall be a person of high moral character and proven integrity, with the relevant qualifications and experience relating to the functions of the Authority.

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.

Functions of Executive Director

(1)

The Executive Director is responsible for the day-to-day operations and administration of the Authority.

(2)

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

(a)

the implementation of the policies and programmes of the Authority and reporting on them to the Board;

(b)

the proper management of the funds and property of the Authority;

(c)

the organisation and control of the staff of the Authority;

(d)

the development of an operating plan to guide the Authority in achieving its objectives;

(e)

co-operation with other lead agencies and organisations in the roads sector;

(f)

the development of an economic, efficient and cost effective internal management structure;

(g)

proposing and implementing the strategic plan, business plan and annual plan of the Authority;

(h)

ensuring that the policies of the Authority are implemented and that the agreed objectives, targets and service standards are met;

(i)

providing advice as required on all matters within the Authority's responsibility; and

(j)

performing any other duty necessary for the implementation of this Act as may be assigned to him or her by the Board.

(3)

The Executive Director is, in the performance of his or her functions, answerable to the Board.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“(1) The Executive Director is responsible for the day-to-day operations and administration of the Authority.”

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 Executive Director is responsible for the day-to-day operations and administration of the Authority.
(2) Subject to this Act and to the general supervision and control of the Board, the Executive Director is responsible for-
(a) the implementation of the policies and programmes of the Authority and reporting on them to the Board;
(b) the proper management of the funds and property of the Authority;
(c) the organisation and control of the staff of the Authority;
(d) the development of an operating plan to guide the Authority in achieving its objectives;
(e) co-operation with other lead agencies and organisations in the roads sector;
(f) the development of an economic, efficient and cost effective internal management structure;

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.

Tenure of office of Executive Director

(1)

The Executive Director shall hold office for five years and is eligible for re-appointment for one more term.

(2)

The Executive Director shall cease to hold office if-

(a)

he or she resigns;

(b)

he or she is declared or becomes bankrupt or insolvent or has made an arrangement with his or her creditors;

(c)

he or she is convicted of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine;

(d)

he or she is removed from office by the Board for-

(i)

inability to perform the functions of his or her office arising from infirmity of body or mind;

(ii)

misbehaviour or misconduct; or

(iii)

incompetence.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Offence or consequence

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

“(1) The Executive Director shall hold office for five years and is eligible for re-appointment for one more term.”

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) The Executive Director shall hold office for five years and is eligible for re-appointment for one more term.
(2) The Executive Director shall cease to hold office if-
(a) he or she resigns;
(b) he or she is declared or becomes bankrupt or insolvent or has made an arrangement with his or her creditors;
(c) he or she is convicted of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine;
(d) he or she is removed from office by the Board for-
(i) inability to perform the functions of his or her office arising from infirmity of body or mind;
(ii) misbehaviour or misconduct; 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.

Other officers and staff of Authority

(1)

The Board may, on the advice of the Executive Director, appoint other officers and staff of the Authority as may be necessary for the proper and efficient performance of the functions of the Authority.

(2)

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

(3)

The Board shall regulate the manner of appointment, terms and conditions of service and the discipline of the staff appointed under this section.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“(1) The Board may, on the advice of the Executive Director, appoint other officers and staff of the Authority as may be necessary for the proper and efficient performance of the functions of the Authority.”

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, appoint other officers and staff of the Authority as may be necessary for the proper and efficient performance of the functions of the Authority.
(2) The employees appointed under this section shall hold office on such terms and conditions as may be determined by the Board and specified in their instruments of appointment.
(3) The Board shall regulate the manner of appointment, terms and conditions of service and the discipline of the staff appointed under this section.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

Consultants

The Board may engage consultants to serve as individual expert advisers or as members of a committee of the Board established under section 16 , as may be useful and appropriate for the Board to discharge its responsibilities

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 “Consultants”.

“The Board may engage consultants to serve as individual expert advisers or as members of a committee of the Board established under section 16, as may be useful and appropriate for the Board to discharge its responsibilities”

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 Board may engage consultants to serve as individual expert advisers or as members of a committee of the Board established under section 16, as may be useful and appropriate for the Board to discharge its responsibilities

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 16 · Committees of Board

Amendment notes

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

Protection of members and employees from personal liability

A member of the Board or an employee of the Authority or a person acting on the directions of such a person is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of the functions of the Authority

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 “Protection of members and employees from personal liability”.

“A member of the Board or an employee of the Authority or a person acting on the directions of such a person is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of the functions of the Authority”

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.

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.

Funds of Authority

(1)

The funds of the Authority shall consist of-

(a)

money appropriated by Parliament for the purposes of the Authority;

(b)

grants, gifts or donations from the Government or other sources made with the approval of the Minister and the Minister responsible for finance;

(c)

revenue earned from activities of the Authority under this Act; and

(d)

any other funds received by the Authority in the performance 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 Authority”.

“(1) The funds of the Authority shall consist of-”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(1) The funds of the Authority shall consist of-
(a) money appropriated by Parliament for the purposes of the Authority;
(b) grants, gifts or donations from the Government or other sources made with the approval of the Minister and the Minister responsible for finance;
(c) revenue earned from activities of the Authority under this Act; and
(d) any other funds received by the Authority in the performance 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.

Duty to operate on sound financial principles

In the performance of its functions under this Act, the Authority shall have due regard to sound financial principles and shall conduct its business in a manner, that taking one transaction with another, and taking one year with another (a) its revenue is sufficient for meeting all charges, including interest on capital and loans properly chargeable to revenue;

(b)

sufficient provision is made to provide for depreciation of assets; and

(c)

where any loss or bad debt arises in respect of any transaction, provision is made in respect of other transactions, whether of a similar nature or otherwise, to offset the amount of that loss or debt.

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 “Duty to operate on sound financial principles”.

“In the performance of its functions under this Act, the Authority shall have due regard to sound financial principles and shall conduct its business in a manner, that taking one transaction with another, and taking one year with another (a) its revenue is sufficient for meeting all charges, including interest on capital and loans properly chargeable to revenue;”

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

(b) sufficient provision is made to provide for depreciation of assets; and
(c) where any loss or bad debt arises in respect of any transaction, provision is made in respect of other transactions, whether of a similar nature or otherwise, to offset the amount of that loss or debt.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

Power to open and operate bank accounts

(1)

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

(2)

The Executive Director shall ensure that all money received by or on behalf of the Authority is banked as soon as practicable after being received.

(3)

The Executive Director shall ensure that no money is withdrawn from or paid out of any of the Authority's bank accounts without the authority of the Board.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

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

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 shall open and maintain such bank accounts as are necessary for the performance of the functions of the Authority.
(2) The Executive Director shall ensure that all money received by or on behalf of the Authority is banked as soon as practicable after being received.
(3) The Executive Director shall ensure that no money is withdrawn from or paid out of any of the Authority's bank accounts without the authority of the Board.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

Borrowing powers

(1)

The Board may, with the approval of the Minister given in consultation with the Minister responsible for finance, borrow money from any source as may be required for meeting its obligations or for the discharge of the functions of the Authority under this Act.

(2)

The Authority may, with the prior approval of the Minister for the purpose of any borrowing under subsection (1), charge any asset or property of the Authority with the repayment of any money so borrowed.

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 “Borrowing powers”.

“(1) The Board may, with the approval of the Minister given in consultation with the Minister responsible for finance, borrow money from any source as may be required for meeting its obligations or for the discharge of the functions of the Authority 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.

2

(1) The Board may, with the approval of the Minister given in consultation with the Minister responsible for finance, borrow money from any source as may be required for meeting its obligations or for the discharge of the functions of the Authority under this Act.
(2) The Authority may, with the prior approval of the Minister for the purpose of any borrowing under subsection (1), charge any asset or property of the Authority with the repayment of any money so borrowed.

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.

Investment of surplus funds

Any funds of the Authority not immediately required for any purpose under this Act may be invested in a manner, which the Board may, with the approval of the Minister, after consultation with the Minister responsible for finance, determine

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“Any funds of the Authority not immediately required for any purpose under this Act may be invested in a manner, which the Board may, with the approval of the Minister, after consultation with the Minister responsible for finance, determine”

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

Any funds of the Authority not immediately required for any purpose under this Act may be invested in a manner, which the Board may, with the approval of the Minister, after consultation with the Minister responsible for finance, determine

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.

Estimates

(1)

The Executive Director shall, within three months before the end of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the income and expenditure of the Authority for the next financial year.

(2)

The Board shall, within two months of receipt of the estimates referred to in subsection (1), cause to be submitted to the Minister for his or her approval, the estimates of income and expenditure as approved by the Board.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“(1) The Executive Director shall, within three months before the end of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the income and expenditure of the Authority for the next financial year.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Executive Director shall, within three months before the end of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the income and expenditure of the Authority for the next financial year.
(2) The Board shall, within two months of receipt of the estimates referred to in subsection (1), cause to be submitted to the Minister for his or her approval, the estimates of income and expenditure as approved by the Board.

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

Financial year of Authority

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

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

This section confers or regulates the statutory power described as “Financial year of Authority”.

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

Primary legislation Source quotation matched

Practical effect

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.

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.

Accounts

(1)

The Executive Director shall cause to be kept, proper books of accounts and records of the transactions of the Authority.

(2)

Subject to any direction given by the Minister, the Executive Director shall cause to be prepared and submitted to the Minister and the Minister responsible for finance in respect of each financial year, and not later than three months after the end of the financial year, a statement of accounts, which shall include-

(a)

a balance sheet, an income and expenditure account and a source and application of funds statement; and

(b)

any other information in respect of the financial affairs of the Authority as the Minister responsible for finance may, in writing, require.

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 “Accounts”.

“(1) The Executive Director shall cause to be kept, proper books of accounts and records of the transactions of the Authority.”

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 Executive Director shall cause to be kept, proper books of accounts and records of the transactions of the Authority.
(2) Subject to any direction given by the Minister, the Executive Director shall cause to be prepared and submitted to the Minister and the Minister responsible for finance in respect of each financial year, and not later than three months after the end of the financial year, a statement of accounts, which shall include-
(a) a balance sheet, an income and expenditure account and a source and application of funds statement; and
(b) any other information in respect of the financial affairs of the Authority as the Minister responsible for finance may, in writing, require.

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.

Audit

(1)

The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Authority.

(2)

The Board shall ensure that within four months after the end of each financial year, a statement of accounts described in section 31(2) is submitted for auditing to the Auditor-General or an auditor appointed by the Auditor General.

(3)

The Auditor General and any auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other records of the Authority and is entitled to any information and explanation required in relation to those records.

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 “Audit”.

“(1) The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Authority.”

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 Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Authority.
(2) The Board shall ensure that within four months after the end of each financial year, a statement of accounts described in section 31(2) is submitted for auditing to the Auditor-General or an auditor appointed by the Auditor General.
(3) The Auditor General and any auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other records of the Authority and is entitled to any information and explanation required in relation to those records.

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 31 · Accounts

Amendment notes

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

Performance agreements

(1)

A performance agreement shall be made between the Minister and the Authority concerning the management, by the Authority, of the national roads network and shall include all the activities that are necessary to develop and maintain the national roads in a satisfactory state.

(2)

The performance agreement shall describe the key outputs that the Authority shall achieve during any financial year, and the key outputs shall be defined in terms of performance indicators and targets.

(3)

The Minister may request for an independent report on the implementation of the performance agreement.

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 “Performance agreements”.

“(1) A performance agreement shall be made between the Minister and the Authority concerning the management, by the Authority, of the national roads network and shall include all the activities that are necessary to develop and maintain the national roads in a satisfactory state.”

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) A performance agreement shall be made between the Minister and the Authority concerning the management, by the Authority, of the national roads network and shall include all the activities that are necessary to develop and maintain the national roads in a satisfactory state.
(2) The performance agreement shall describe the key outputs that the Authority shall achieve during any financial year, and the key outputs shall be defined in terms of performance indicators and targets.
(3) The Minister may request for an independent report on the implementation of the performance agreement.

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.

Annual and other reports

(1)

The Board shall, not later than six months after the end of each financial year, make and submit to the Minister a report on the activities of the Authority during that financial year.

(2)

The report referred to in subsection (1) shall include-

(a)

particulars of activities, projects and programmes relating to-

(i)

advice furnished or assistance rendered in terms of any agreement contemplated in section 6 ; and

(ii)

the management of the national roads network;

(b)

the extent to which any direction given by the Minister during that financial year has been carried out; and

(c)

an assessment by the Authority of its achievements in relation to the performance agreement.

(3)

The Authority shall submit to the Minister, together with the report referred to in subsection (1), the audited financial statements of the Authority, and the auditor's report on those statements.

(4)

The Board shall also submit to the Minister, such other reports on its activities or on any other matter as the Minister may, from time to time, require.

(5)

The Minister shall, not later than six months after receipt of the report submitted to him or her under subsection (1), table the report before Parliament.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

This section confers or regulates the statutory power described as “Annual and other reports”.

“(1) The Board shall, not later than six months after the end of each financial year, make and submit to the Minister a report on the activities of the Authority during that financial year.”

Primary legislation Source quotation matched

Practical effect

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

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

Elements or requirements

Operative requirements extracted from the consolidated text.

10

(1) The Board shall, not later than six months after the end of each financial year, make and submit to the Minister a report on the activities of the Authority during that financial year.
(2) The report referred to in subsection (1) shall include-
(a) particulars of activities, projects and programmes relating to-
(i) advice furnished or assistance rendered in terms of any agreement contemplated in section 6; and
(ii) the management of the national roads network;
(b) the extent to which any direction given by the Minister during that financial year has been carried out; and
(c) an assessment by the Authority of its achievements in relation to the performance agreement.
(3) The Authority shall submit to the Minister, together with the report referred to in subsection (1), the audited financial statements of the Authority, and the auditor's report on those statements.

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 6 · Functions of Authority

Amendment notes

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

Official seal of Authority

(1)

The official seal of the Authority shall be in a form determined by the Board.

(2)

The official seal shall, when affixed to any document, be authenticated by the signatures of the Executive Director and one other member of the Board and in the absence of the Executive Director, the person performing the functions of the Executive Director shall sign.

(3)

An instrument or contract which, if executed or entered into by a person other than a body corporate would not require to be under seal may be executed or entered into on behalf of the Authority by-

(a)

the Executive Director; or

(b)

any member of the Board or any other person if that member of the Board or other person has been duly authorised by resolution of the Board to execute or enter into the instrument or contract as the case may be.

(4)

Every document purporting to be an instrument or contract executed or issued by or on behalf of the Authority in accordance with this section shall be deemed to be so executed or issued until the contrary is proved.

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 “Official seal of Authority”.

“(1) The official seal of the Authority shall be in a form determined by 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.

6

(1) The official seal of the Authority shall be in a form determined by the Board.
(2) The official seal shall, when affixed to any document, be authenticated by the signatures of the Executive Director and one other member of the Board and in the absence of the Executive Director, the person performing the functions of the Executive Director shall sign.
(3) An instrument or contract which, if executed or entered into by a person other than a body corporate would not require to be under seal may be executed or entered into on behalf of the Authority by-
(a) the Executive Director; or
(b) any member of the Board or any other person if that member of the Board or other person has been duly authorised by resolution of the Board to execute or enter into the instrument or contract as the case may be.
(4) Every document purporting to be an instrument or contract executed or issued by or on behalf of the Authority in accordance with this section shall be deemed to be so executed or issued until the contrary is proved.

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.

Service of documents

Any notice or document may be served on the Authority by delivering it at the office of the Executive Director, or by sending it by pre-paid registered post to 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

Procedural rule

This section establishes the governing procedure for “Service of documents”.

“Any notice or document may be served on the Authority by delivering it at the office of the Executive Director, or by sending it by pre-paid registered post to the Executive Director”

Primary legislation Source quotation matched

Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

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

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Any notice or document may be served on the Authority by delivering it at the office of the Executive Director, or by sending it by pre-paid registered post to the Executive Director

Judicial interpretation

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

0

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

Related provisions

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

Amendment notes

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

Regulations

(1)

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

(2)

Notwithstanding the generality of subsection (1), regulations made under this section may provide for-

(a)

the use, safety or maintenance of national roads;

(b)

the erection of structures on or near, over, or under national roads;

(c)

the fees to be charged under this Act;

(d)

the drainage of streets, land, compounds and new buildings adjacent to national roads and deterrence of encroachment;

(e)

the details to be included in the annual road programme;

(f)

the removal, demolition or alteration of any projection or structure obstructing a national road or likely to cause danger or inconvenience to users of a national road or related facility;

(g)

the towing or removal of any vehicle obstructing a national road;

(h)

the employment and terms and conditions of service of staff of the Authority;

(i)

the financial management and control of the affairs of the authority;

(j)

the transfer, to the Authority, of assets in accordance with section 39 ;

(k)

the designation of ferries and ships for the purposes of this Act;

(l)

the activities of other service agencies which impact on roads and road reserves.

(3)

Notwithstanding the Interpretation Act, regulations made under this section may prescribe, in respect of a contravention of the regulations, a penalty of a fine not exceeding two hundred currency points or imprisonment not exceeding twenty-four months or both, and in the case of a continuing offence, an additional fine not exceeding five currency points in respect of each day on which the offence continues.

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 “Regulations”.

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

15

(1) The Minister may, on the recommendation of the Board, by statutory instrument, make regulations generally for the better carrying into effect of the provisions of this Act.
(2) Notwithstanding the generality of subsection (1), regulations made under this section may provide for-
(a) the use, safety or maintenance of national roads;
(b) the erection of structures on or near, over, or under national roads;
(c) the fees to be charged under this Act;
(d) the drainage of streets, land, compounds and new buildings adjacent to national roads and deterrence of encroachment;
(e) the details to be included in the annual road programme;
(f) the removal, demolition or alteration of any projection or structure obstructing a national road or likely to cause danger or inconvenience to users of a national road or related facility;

7 further items remain in the statutory text above.

Judicial interpretation

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

0

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

Related provisions

Section 39 · Transfer of assets and liabilities Interpretation Act

Amendment notes

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

Amendment of Schedules

(1)

The Minister may, by statutory instrument, with the approval of Cabinet, amend the First Schedule.

(2)

The Minister may, by statutory instrument, amend the Second Schedule.

Section analysis Source-linked statutory analysis Source linked

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

What this section does

Statutory power

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

“(1) The Minister may, by statutory instrument, with the approval of Cabinet, amend the First Schedule.”

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 the approval of Cabinet, amend the First Schedule.
(2) The Minister may, by statutory instrument, amend the Second Schedule.

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.

Transfer of assets and liabilities

(1)

The Minister may, by statutory instrument, make regulations for the transfer to the Authority of the ownership or possession of assets belonging to the Government which, by virtue of this Act and in his or her opinion, are necessary for the performance of the functions of the Authority.

(2)

Upon the commencement of a statutory instrument made under subsection (1) and without further assurance, the Authority shall, in respect of the assets transferred to it by the statutory instrument, have all the rights and be subject to all the liabilities attaching to those assets.

Section analysis 2 source-matched judicial passages Source linked

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

What this section does

Statutory power

This section confers or regulates the statutory power described as “Transfer of assets and liabilities”.

“(1) The Minister may, by statutory instrument, make regulations for the transfer to the Authority of the ownership or possession of assets belonging to the Government which, by virtue of this Act and in his or her opinion, are necessary for the performance of the functions of the Authority.”

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, make regulations for the transfer to the Authority of the ownership or possession of assets belonging to the Government which, by virtue of this Act and in his or her opinion, are necessary for the performance of the functions of the Authority.
(2) Upon the commencement of a statutory instrument made under subsection (1) and without further assurance, the Authority shall, in respect of the assets transferred to it by the statutory instrument, have all the rights and be subject to all the liabilities attaching to those assets.

Judicial interpretation

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

2

Appellate court — binding on lower courts ✓ Source matched

Consideration of ground 5 Section 39 of the Uganda National Roads Authority Act provides; 39.

Uganda National Roads Authority (UNRA) v Parambot Breweries Limited and Another (Civil Appeal 321 of 2019) [2023] UGCA 300 (1 November 2023)

[2023] UGCA 300 · Court of Appeal · 2023-11-01

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

Appellate court — binding on lower courts ✓ Source matched

Consideration of ground 5 Section 39 of the Uganda National Roads Authority Act provides; 39.

Uganda National Roads Authority v Parambot Breweries Limited and Another (Civil Appeal 321 of 2019) [2023] UGCA 288 (1 November 2023)

[2023] UGCA 288 · Court of Appeal · 2023-11-01

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

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.

Employees

(1)

The Authority shall, immediately after the effective date of the operations, openly advertise vacancies for the purposes of recruitment of staff of the Authority in accordance with Part III of this Act.

(2)

The Minister may, within the period immediately before the commencement of the operations of the Authority, appoint any person to render services to the Authority for a period not exceeding one 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

Statutory power

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

“(1) The Authority shall, immediately after the effective date of the operations, openly advertise vacancies for the purposes of recruitment of staff of the Authority in accordance with Part III 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.

2

(1) The Authority shall, immediately after the effective date of the operations, openly advertise vacancies for the purposes of recruitment of staff of the Authority in accordance with Part III of this Act.
(2) The Minister may, within the period immediately before the commencement of the operations of the Authority, appoint any person to render services to the Authority for a period not exceeding one 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

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.

Existing laws

Any law in existence immediately before the coming into force of this Act relating to national roads shall have effect subject to such modifications as may be necessary to give effect to this Act First Schedule (Section 4 )

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

Second Schedule (Section 15 )

Meetings of the Board and related matters

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 “Existing laws”.

“Any law in existence immediately before the coming into force of this Act relating to national roads shall have effect subject to such modifications as may be necessary to give effect to this Act First Schedule (Section 4)”

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

Any law in existence immediately before the coming into force of this Act relating to national roads shall have effect subject to such modifications as may be necessary to give effect to this Act First Schedule (Section 4)

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 · Interpretation Section 15 · Meetings of Board and related matters

Amendment notes

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

1. Meetings of the Board

(1)

The Chairperson shall convene every meeting of the Board at times and places as the Board may determine, and the Board shall meet for the discharge of business at least once in every three months.

(2)

The Chairperson may, at any time, convene a special meeting of the Board and shall also call a meeting within fourteen days, if requested to do so in writing by five members of the Board, and with the approval of the Minister.

(3)

Notice of a Board meeting shall be given in writing to each member at least fourteen working days before the day of the meeting.

(4)

The Chairperson shall preside at every meeting of the Board and in his or her absence, the members present may appoint a member from among themselves to preside at the meeting.

2. Quorum

(1)

The quorum for a meeting of the Board is two-thirds of the members.

(2)

All decisions at a meeting of the Board shall be by majority of the votes of the members present and voting and in case of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.

3. Minutes of meetings

(1)

The Secretary shall cause to be recorded and kept, minutes of all meetings of the Board in a form approved by the Board.

(2)

The minutes recorded under this paragraph shall be submitted to the Board for confirmation at its next meeting following that to which the minutes relate and when so confirmed, shall be signed by the Chairperson and the Secretary in the presence of the members present at the latter meeting.

4. Power to co-opt

(1)

The Board may invite any person who, in the opinion of the Board, has expert knowledge concerning the functions of the Board, to attend and take part in a meeting of the Board.

(2)

A person attending a meeting of the Board under this section may take part in any discussion at the meeting on which his or her advice is required, but shall not have a right to vote at that meeting.

5. Validity of proceedings not affected by vacancy

The validity of any proceedings of the Board or a committee of the Board shall not be affected by a vacancy in its membership or by any defect in the appointment or qualification of a member or by reason that a person not entitled, took part in its proceedings.

6. Disclosure of interest of members

(1)

A member of the Board who is in any way directly or indirectly interested in a contract made or proposed to be made by the Board, or in any other matter which falls to be considered by the Board, shall, as soon as the relevant facts come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Board.

(2)

A disclosure made under subparagraph (1) shall be recorded in the minutes of that meeting.

(3)

A member who makes a disclosure under subparagraph (1) shall not-

(a)

be present during any deliberation of the Board with respect to that matter; or

(b)

take part in any decision of the Board with respect to that matter.

(4)

For purposes of determining whether there is a quorum, a member withdrawing from a meeting or who is not taking part in a meeting under subparagraph (3) shall be treated as being present.

7. Board may regulate its procedure

Subject to this Act, the Board may regulate its own procedure or any other matter relating to its meetings.

About this Act

Full text of the Act

Part I

1. Commencement Judicial treatment · 0 cases

2. Purpose of the Act Judicial treatment · 0 cases

3. Principles Judicial treatment · 0 cases

4. Interpretation Judicial treatment · 0 cases

Part II

5. Establishment of Authority Judicial treatment · 3 cases

6. Functions of Authority Judicial treatment · 2 cases

7. Powers of Minister Judicial treatment · 0 cases

8. Board of Directors Judicial treatment · 0 cases

9. Qualifications of members of Board Judicial treatment · 0 cases

10. Disqualification for appointment Judicial treatment · 0 cases

11. Tenure of office of members of Board Judicial treatment · 0 cases

12. Filling of vacancies of Board Judicial treatment · 0 cases

13. Remuneration of members of Board Judicial treatment · 0 cases

14. Functions of Board Judicial treatment · 0 cases

15. Meetings of Board and related matters Judicial treatment · 0 cases

16. Committees of Board Judicial treatment · 0 cases

17. Delegation of functions of Authority Judicial treatment · 0 cases

Part III

18. Executive Director Judicial treatment · 0 cases

19. Functions of Executive Director Judicial treatment · 0 cases

20. Tenure of office of Executive Director Judicial treatment · 0 cases

21. Other officers and staff of Authority Judicial treatment · 0 cases

22. Consultants Judicial treatment · 0 cases

23. Protection of members and employees from personal liability Judicial treatment · 0 cases

Part IV

24. Funds of Authority Judicial treatment · 0 cases

25. Duty to operate on sound financial principles Judicial treatment · 0 cases

26. Power to open and operate bank accounts Judicial treatment · 0 cases

27. Borrowing powers Judicial treatment · 0 cases

28. Investment of surplus funds Judicial treatment · 0 cases

29. Estimates Judicial treatment · 0 cases

30. Financial year of Authority Judicial treatment · 0 cases

31. Accounts Judicial treatment · 0 cases

32. Audit Judicial treatment · 0 cases

Part V

33. Performance agreements Judicial treatment · 0 cases

34. Annual and other reports Judicial treatment · 0 cases

35. Official seal of Authority Judicial treatment · 0 cases

36. Service of documents Judicial treatment · 0 cases

37. Regulations Judicial treatment · 0 cases

38. Amendment of Schedules Judicial treatment · 0 cases

Part VI

39. Transfer of assets and liabilities Judicial treatment · 2 cases

40. Employees Judicial treatment · 0 cases

41. Existing laws Judicial treatment · 0 cases

1. Meetings of the Board

2. Quorum

3. Minutes of meetings

4. Power to co-opt

5. Validity of proceedings not affected by vacancy

6. Disclosure of interest of members

7. Board may regulate its procedure

Commencement

Purpose of the Act

Principles

Interpretation

Establishment of Authority

Functions of Authority

Powers of Minister

Board of Directors

Qualifications of members of Board

Disqualification for appointment

Tenure of office of members of Board

Filling of vacancies of Board

Remuneration of members of Board

Functions of Board

Meetings of Board and related matters

Committees of Board

Delegation of functions of Authority

Executive Director

Functions of Executive Director

Tenure of office of Executive Director

Other officers and staff of Authority

Consultants

Protection of members and employees from personal liability

Funds of Authority

Duty to operate on sound financial principles

Power to open and operate bank accounts

Borrowing powers

Investment of surplus funds

Estimates

Financial year of Authority

Accounts

Audit

Performance agreements

Annual and other reports

Official seal of Authority

Service of documents

Regulations

Amendment of Schedules

Transfer of assets and liabilities

Employees

Existing laws