Engineers Registration Act

This section provides definitions for terms used in the Act (for example: "board", "chairperson", "institution", "member", "ordinarily resident", "register", "registered engineer", "registrar", "vice chairperson").

Establishes the Engineers Registration Board as a corporate body with perpetual succession and the capacity to sue and be sued.

The board must regulate and control engineers and their activities in Uganda and advise the Government about those functions.

The board may do anything calculated or incidental to facilitating or better carrying out its functions, including acquiring and disposing of property, establishing offices in Uganda, and exercising powers related to registration or suspension of engineers.

The board must have a common seal; fixing the seal must be authorised or ratified by a board resolution and authenticated by the chairperson (or, if absent, the vice chairperson) and one other board member; documents executed under the seal must be received in evidence in court and presumed valid until contrary proved.

If the chairperson directs, the board may decide matters without holding a meeting by circulating the papers and obtaining members' written views; however, any member may require that the decision be deferred until the matter is considered at a board meeting.

The board may regulate its own procedure, subject to the Act and regulations made under it.

Minutes of each meeting must be confirmed by the board at the next meeting and must be signed by the chairperson of the meeting.

The board may appoint a person to be secretary to attend meetings, keep minutes and perform other secretarial duties.

The board may act even if there are vacancies in its membership, subject to the quorum rule in section 9.

The chairperson and members of the board shall not be personally liable for acts or defaults done or omitted in good faith while performing board responsibilities, functions, or exercising board powers.

Sets board composition, two-year term for members with eligibility for reappointment, minister's power to revoke and fill vacancies for appointees, and institution's duty to nominate replacements for its nominees; members may resign by written notice.

Board members must elect a vice chairperson from among themselves; the vice chairperson serves for one year and is eligible for reelection.

The board must meet as needed; the chairperson (or vice chairperson if absent) must convene and preside at meetings, appoint time/place/date for meetings, and must call a special meeting within twenty-one days when at least three members submit a written request.

A majority of board members forms a quorum; the board must decide authorised matters by resolution when a quorum is present; each board member has one vote; the chairperson has a casting vote if votes are equal.

The Minister must appoint a registrar of the board.

The registrar must keep and maintain a register, enter the names of persons entitled to registration as soon as practicable after board acceptance, record specified particulars (date of entry, address, qualifications and other particulars the board directs), and enter any changes in those particulars.

The registrar must publish registered engineers' names, addresses and qualifications in the Gazette after registration and annually; the registrar may publish amendments or deletions subject to the board's directions; institutions must submit corporate membership returns yearly.

A publication under section 18 is prima facie evidence that persons named are registered; deletion or absence of a name in the publication is prima facie evidence the person is not registered; certified registers, lists, copies or extracts under the registrar's hand are receivable in courts and tribunals as prima facie evidence of the facts stated.

An applicant who meets the listed qualifications, pays the prescribed fee, and applies in the prescribed manner is entitled to be registered and have their name entered in the register.

Temporary registration allows non-ordinary-resident professional engineers to be registered for the duration of specified work while in Uganda; applicants must apply in the prescribed form with the prescribed fee and produce documentary evidence; the board may require appearances; engineers and recruiting firms have short registration and membership deadlines.

The board may order deletion of a registered engineer's name for specified grounds; the registrar must delete names of deceased persons and incorrect or fraudulent entries and must notify deletions by prepaid registered letter except in certain cases; a person whose name is deleted ceases to be registered.

The board may, on its own motion or on application and after inquiry, direct confirmation of deletion, restoration of a name to the register, or termination of a suspension; the registrar must notify a person of deletion by prepaid registered letter except in specified circumstances.

If a registered engineer is convicted of an offence under the Act or found after due inquiry by the board to have committed improper or disgraceful professional conduct, the board may caution or censure them, suspend the effect of their registration for a period the board specifies, or delete their name from the register.

At inquiries under section 24 the person whose conduct is inquired into may appear and be heard or be represented; the board has specified powers (administer oaths, summon witnesses, order documents, regulate procedure); the chairperson or vice chairperson must record summaries of oral evidence; summonses under the chairperson's or vice chairperson's hand are deemed issued by the board; inquiries are deemed judicial proceedings for Chapter I of the Penal Code Act.

Persons served with a summons or order under section 25 who without sufficient cause refuse to attend, answer questions, or produce documents commit an offence and may be fined; witnesses before the board have the same privileges as High Court witnesses.

Aggrieved persons may appeal decisions of the board to the High Court; the High Court may give directions and its orders under this section are final; the board may appear as respondent and is deemed a party; the Chief Justice may make rules for such appeals.

Persons whose names are entered in the register may use the title "Registered Engineer", the prefix "Eng.", and offer their services to the public for gain while their name remains in the register.

Persons who are not registered engineers must not falsely claim to be registered engineers, use the title "Registered Engineer" or otherwise represent themselves as professionally qualified engineers.

Prohibits making false register entries, procuring false registration, failing to register without reasonable excuse, and making false or misleading statements to gain advantage; corporate directors may be charged and are deemed to have committed the offence unless they prove lack of knowledge or due diligence.

Subject to section 27(3), the Minister may make regulations to carry out this Act and those regulations may provide for a wide range of administrative and procedural matters.

Registered architects and registered quantity surveyors are exempted from prohibitions in this Act when performing or exercising functions or powers as such and are not to be rendered liable to prosecution for doing so.