Section 5: Powers of Examinations Board

(1) In the performance of its functions, the Examinations Board shall have powers to do all things and to act in all ways necessary for, or incidental to the purpose for which the Examinations Board is established. (2) Without prejudice to the generality of subsection (1), the Examinations Board has powers to- (a) demand for any information, document or record in respect of any examination where an examination malpractice is alleged, reported or proven against any school, examination centre or person; (b) conduct such investigations as it may consider necessary, and during the investigations, withhold the examination results of any candidate until the investigations are concluded; (c) call for any information or the production of any documents the Examinations Board may require, within such period, in such place and from such person as the Examinations Board may determine, to assist in the investigations; (d) demand for any information, document or record in respect of an examination centre from the person in charge; (e) institute or commission an inquiry or investigation into a case of alleged examination malpractice; (f) conduct hearings in case of examination malpractice; (g) summon any person the Examinations Board considers fit to assist as a witness in any inquiry or investigation into a case of examination malpractice and where necessary, examine the witness on oath; (h) cancel or suspend the registration of an examination centre which is proven to have engaged in examination malpractice; (i) recall the results of a candidate that are released in error; (j) appoint supervisors, invigilators, scouts, monitors and special needs education support personnel to assist in the conduct and supervision of examinations; (k) invite any person, as may be necessary, to conduct, jointly with the Examinations Board, examinations and to award certificates to the successful candidates, jointly with the invited person; (l) with the approval of the Minister and the Minister responsible for finance, charge examination registration fees; (m) charge fees for the publications and for the services offered by the Examinations Board on a commercial basis; and (n) request the Uganda Communications Commission to control the use of any type of electronic communication for a specified duration where it is suspected or proved that a malpractice is being committed using electronic communication. (3) The Examinations Board may cancel an examination paper where it is proved that there is an examination malpractice of a wide or national magnitude, with respect to that examination paper. (4) The Examinations Board may, for a reasonable cause, delay, withhold or cancel any examinations results. (5) The Examinations Board shall cancel a certificate awarded to a candidate under section 4(1)(c) where it is proved- (a) that the certificate was acquired fraudulently; (b) that the certificate was awarded in error; or (c) after the certificate is awarded, that the person to whom it is awarded committed an act of examination malpractice.