Uganda National Roads Authority Act, 2006

The Act comes into force on a date appointed by the Minister by statutory instrument.

Sets out the purposes of the Act: establish the Uganda National Roads Authority; facilitate delivery of roads services; create an environment for efficient and effective management of the national roads network and related services; and promote continuous improvement of services provided by the Authority.

The Authority must take into account and give effect to specified principles when achieving its purposes under section 2.

Provides definitions of terms used in the Act, including Authority, Board, Chairperson, currency point, Executive Director, Minister, National Planning Authority, national road, national roads network, and road (which includes a bridge, a ferry and a ship).

A person shall not be appointed to the Board if they meet any listed disqualifications (conviction for offences including dishonesty or fraud; undischarged bankruptcy or creditor arrangements; conviction with imprisonment of six months or more; membership of certain public offices).

Members hold office for three years (first appointees: some two-year terms); members may resign with at least one month's written notice; the Minister may remove a member on specified grounds and must notify and permit an explanation; a removed person is not entitled to benefits under section 13.

When a member is removed under section 11, the Minister may appoint a qualified person under section 9 to replace them and that person holds office for the remainder of the previous member's term.

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

The Board shall perform a range of governance functions for the Authority, including setting objectives and supervising and overseeing operations, approving plans and financial statements, setting staff rules, guiding management, and performing functions necessary to implement the Act.

The Second Schedule applies to meetings of the Board and other matters provided for in that Schedule.

The Board may appoint committees to inquire, advise, and exercise delegated powers; committees must consist of a Chairperson and other persons; committees may regulate their own procedure subject to Board directions; the Board may require committees to act jointly; members may be paid allowances determined by the Board with the written approval of the Minister.

The Board may delegate any powers, duties or functions to specified persons or committees; aggrieved persons may appeal, and persons exercising delegated powers must follow Board directions issued in writing.

Establishes the Uganda National Roads Authority and grants the Authority powers to acquire property, sue and be sued, and perform lawful corporate acts; the Authority shall be under the general supervision of the Minister.

Sets out the functions of the Authority, listing duties such as advising the Minister, managing and maintaining the national roads network, policy advice, coordination, collaboration, entering into agreements, planning and construction matters, establishing road reserves, exercising Ministerial powers where required, and consulting related agencies.

The Minister may direct policy and require the Authority to follow written directions and to undertake specified road projects; the Authority must comply and the Minister must publish and lay the directions before Parliament, subject to project funding.

The Authority must have a Board of Directors; the Board must have between five and seven members appointed by the Minister with Cabinet approval; specified categories of members must be included; and the Minister must appoint a Chairperson from among the members (excluding the Executive Director).

Members of the Board must be persons of high moral character and proven integrity with relevant qualifications and experience; the Minister must ensure balanced representation when appointing members; members hold office on terms in their instruments of appointment.

The Board must have an Executive Director; the Minister appoints them on the Board's recommendation; the Executive Director must not take outside paid employment without the Minister's written approval and must be of high moral character with relevant qualifications.

The Executive Director is responsible, subject to the Act and Board supervision, for the Authority’s day-to-day operations, implementation of policies and programmes, management of funds and property, staff organisation and control, planning, cooperation with road-sector agencies, internal management structure, proposing and implementing plans, ensuring policy implementation and service standards, providing advice, performing duties assigned by the Board, and is answerable to the Board.

The Executive Director holds office for five years and is eligible for re-appointment for one more term; the Executive Director shall cease to hold office on specified grounds.

The Board may appoint other officers and staff on the advice of the Executive Director; appointed employees hold office on terms the Board determines; the Board shall regulate appointment, terms and discipline.

The Board may engage consultants to act as expert advisers or as committee members to assist it in discharging its responsibilities.

Members of the Board, employees of the Authority, and persons acting on their directions are not personally liable for acts or omissions done in good faith while exercising the Authority's functions.

The Authority's funds consist of: money appropriated by Parliament; grants, gifts or donations from the Government or other sources approved by the Minister and the Minister responsible for finance; revenue earned from the Authority's activities under this Act; and any other funds received in performing its functions under this Act.

The Authority must follow sound financial principles and run its business so revenue covers charges, provide for asset depreciation, and make provisions to offset losses or bad debts.

The Board must open and maintain bank accounts needed for the Authority; the Executive Director must bank receipts promptly and must ensure no withdrawals are made without Board authority.

The Board may borrow money with the approval of the Minister (given in consultation with the Minister responsible for finance). The Authority may, with the prior approval of the Minister for borrowings under subsection (1), charge any of its assets or property to secure repayment of money borrowed.

Funds of the Authority that are not immediately required may be invested; the Board may determine the manner of investment with the Minister's approval after consulting the Minister responsible for finance.

The Executive Director must prepare and submit annual income and expenditure estimates to the Board within three months before each financial year ends; the Board must submit the approved estimates to the Minister within two months of receipt for approval.

The financial year of the Authority runs from 1 July to 30 June (a 12-month period).

The Executive Director must prepare and submit annual statements of accounts to the Minister and the Minister responsible for finance (including specified account documents) and must keep proper books and records; submission must be within three months after the end of the financial year and is subject to any direction by the Minister.

The Auditor General (or an appointed auditor) must audit the Authority's accounts each financial year; the Board must ensure the annual statement of accounts is submitted for audit within four months after year end; the Auditor General and appointed auditors are entitled to access records and information.

Performance agreements must set key outputs and targets for the Authority; the Minister may request an independent report on implementation.

The Board and the Authority must prepare and submit annual reports and audited financial statements to the Minister within specified timeframes; the Minister must table the report before Parliament within six months of receipt.

The Board must determine the Authority's official seal. The Executive Director, a Board member, or a person authorised by Board resolution may execute instruments for the Authority that would not otherwise require a seal; when the seal is affixed documents must be signed by the Executive Director and one other Board member, and if the Executive Director is absent the person performing their functions must sign.

Notices or documents may be served on the Authority either by delivering them at the office of the Executive Director or by sending them by pre-paid registered post to the Executive Director.

The Minister may, on the Board's recommendation, make regulations by statutory instrument to carry this Act into effect; those regulations may provide for many road-related matters and may prescribe penalties (fines or imprisonment) for contraventions.

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

The Minister may make regulations by statutory instrument to transfer government assets to the Authority; upon commencement the Authority shall have the rights and liabilities attached to those assets.

The Authority must, immediately after operations begin, openly advertise vacancies to recruit its staff; the Minister may appoint persons to serve up to one year before commencement.

Laws relating to national roads that existed immediately before this Act comes into force continue to have effect but may be modified as necessary to give effect to this Act.