National Records and Archives Act, 2001

This Act may be cited as the National Records and Archives Act, 2001.

This section defines terms used in the Act (interpretation/definitions).

Any period of time specified by this Act runs from the first day of January in the year after the records were created.

Establishes the National Records and Archives Agency (the "Agency"), requires it to be managed by a Director, makes the Director and staff public service officers appointed by appropriate appointing authorities, requires security vetting and oaths for persons accessing classified records, and provides the Agency with an official seal.

The Agency must manage and preserve public records: ensure good records management across State organs, establish records centres (including one meeting standards for classified documents), set disposal and transfer procedures, and preserve and provide access to selected public archives.

Establishes an Advisory Committee for the National Records and Archives Agency, lists its membership, assigns it responsibilities to advise the Minister and support the Director, sets terms of three years (with one re-appointment allowed), allows the Minister (with finance minister) to determine members' allowances by regulation, and provides that the Agency supplies the committee secretariat.

When an organ of State, public corporation or parastatal organisation is to be abolished or privatised, the head of that institution must send the Director a detailed list of all public records and archives in the institution and must transfer to a records centre or archival repository (under the Director's control) the records that the Director may select for continued retention or permanent preservation.

Heads of organs of State are responsible for creating and maintaining adequate documentation and records-keeping practices for their institutions, including transfer of semi-current records to the Director, nomination of a senior officer to superintend actions under the Act, creation and management of current records, and implementation of retention and disposal schedules, subject to classification exceptions on certain grounds.

Heads of organs of State must cooperate with the Director to manage semi-current records and perform specific tasks such as maintaining integrity, approving access, maintaining deferred records' conditions, implementing retention and disposal schedules, and transferring enduring records.

The Chairpersons of the Boards of public corporations and parastatal organisations are responsible for the management responsibilities for public records created, received and maintained by those bodies as set out in sections 7 and 8.

The Director is responsible for coordinating records management in organs of State, has inspection powers, and must perform tasks including providing guidance, setting standards, training staff, preparing retention and disposal schedules (for Ministerial approval), ensuring implementation, and authorising disposal outside schedules.

The Director must accept custody and manage semi-current records, including maintaining them in a records centre, providing secure storage and consultation facilities, returning them temporarily for current administration, implementing retention/disposal schedules, appraising and disposing records not covered by schedules, and arranging transfer of records of enduring value not later than twenty years from creation.

The Director is responsible for preserving public archives (with limited exceptions) and has a range of powers to manage, provide access to, lend, dispose of and otherwise administer archives, subject in some cases to Ministerial or other consent.

The Minister may acquire private records of national importance after consulting the owner and may declare them public; the Minister must pay full and fair compensation (after consulting the finance minister and in accordance with article 26), and the finance minister must determine the manner and instalments of payment after consulting the person entitled.

Chief Executives of local governments must manage current records and establish records centres for semi-current records; the Director must coordinate implementation, inspect premises, advise the Minister, and establish branch repositories to preserve and make archives available for public inspection.

Designated local places of deposit must prepare finding aids and send copies to the Director; the Director may revoke a place's appointment and order transfer of archives if the place fails to maintain facilities, submit finding aids, or be adequately funded.

Members of the public are entitled to inspect most public archives after 30 years from creation, subject to written-law restrictions and regulations that may prescribe longer or shorter closure periods; records already publicly accessible before transfer remain open regardless of age.

The Director must not infringe private copyrights when making archives available or providing copies; providing copies does not transfer copyright; publication of certain reproductions is prohibited except with the Director's consent and subject to conditions and prescribed fees.

Removal of a public record to the Director or an appointed place of deposit does not affect its legal validity; certified copies of public archives in the Director's custody bearing the Agency seal and certified by an authorised officer are admissible as evidence if the original would have been admissible.

Each organ of State must deposit in the National Archives a copy of every publication it issues, whether for sale or not.

Exporting public records, archives and their photocopies from Uganda is prohibited; export of other historical or cultural documents is prohibited unless a licence to export (issued to the Minister) allows it; the Minister may refuse such a licence and may authorise the Director to establish a register of private records and archives.

Unauthorised removal, destruction or wilful mutilation of public records or archives is an offence; on conviction liable to a fine (not exceeding one hundred currency points) or imprisonment (not exceeding two years) or both; refusal to return borrowed records is also an offence.

Any person who contravenes section 21 commits an offence punishable by a fine of up to one hundred currency points or up to two years imprisonment; related records may be placed at the Director's disposal who may take them into custody.

The funds of the Agency consist of appropriations by Parliament, grants/gifts/donations/loans, moneys from sales/fees/payments for services, and any other moneys received or made available to the Agency to perform its functions.

Fees may be charged by staff of the Agency for supplying or certifying copies and providing other services; the Minister must prescribe fees by regulations under section 31; regulations may authorise the Director to remit or reduce fees.

The Director must, not later than three months before the end of each financial year, prepare and submit estimates of the Agency's income and expenditure to the Advisory Committee for approval and recommendation to the Minister; the Director may also submit supplementary estimates before the end of the financial year.

The Advisory Committee must prepare an annual statement including a report on the Agency's performance; the Agency must keep proper books and records in a form approved by the Auditor General; the Minister may require additional financial information.

The Agency’s accounts must be audited by the Auditor-General or an auditor he appoints; the Advisory Committee must submit the statement of accounts for auditing within two months after the financial year-end; the Auditor General has access to financial records and must audit and report within two months of receipt.

The provision defines the Agency's financial year: for the first accounting period it runs from commencement of the Act until 30 June of the following year; thereafter each accounting period is the twelve months ending 30 June.

The Director must submit an annual report to the Minister within three months after the end of each financial year; the report must be published and the Minister must lay it before Parliament.

The Minister may make regulations, on the advice of the Advisory Committee, to give full effect to the Act.

The Minister may, with the consent of the Cabinet, amend the Schedules to this Act by statutory instrument.

The Records (Disposal) Act and any rules made under it are repealed.