Uganda National Health Research Organisation Act, 2011

The Minister may appoint commencement dates for this Act, and may set different dates for different provisions.

This section provides definitions of terms used in the Act (interpretation of terms such as "Board", "Minister", "Organisation", "health research", and others).

Establishes the Uganda National Health Research Organisation and states that the Organisation is a body corporate with perpetual succession and a common seal; it may sue or be sued and may, for its objects and functions under the Act and subject to the Act, hold and manage property, enter contracts and do acts a body corporate may do.

The Organisation must consist of the Board, the Secretariat, the constituent research institutes, and any other recognized institution or entity undertaking health or similar research.

The object of the Organisation is to create a sustainable culture of health research by providing policy and ethical guidelines and national coordination and regulation of health research.

Lists the Organisation’s functions, including setting ethical codes and policies for health research, developing a national research plan, facilitating dialogue and consultations, registering and coordinating research, developing and supervising institutes, mobilizing resources, strengthening research capacity, appraising and approving research protocols, monitoring and terminating research, disseminating findings, and performing activities incidental to its objects.

The Organisation may carry out several functions related to health research, including recommending establishment of institutes, sponsoring and promoting research, awarding honours, developing human resources, and supervising research; it must exercise these powers in respect of affiliated institutions or members and cooperate with UNCST and the National Drug Authority.

A person who is of unsound mind, not resident in Uganda, declared insolvent or bankrupt, or convicted of a dishonesty-related criminal offence shall not be appointed as a member of the Board.

The Second Schedule to this Act applies to the meetings of the Board.

The Board must perform specified functions including policy formulation, strategic planning, authorising budgets and expenditures, approving annual reports and accounts, monitoring performance, establishing personnel rules, supervising financial matters, and performing other necessary functions.

The Board may appoint committees, delegate functions to them subject to conditions, and prescribe their procedure; committees may include Board members or co-opted members and may co-opt resource persons who have no right to vote.

The Chairperson, Deputy Chairperson, other Board members and committee members shall be paid remuneration or allowances determined by the Minister.

The Minister appoints all Board members; the Board elects its Chairperson and Deputy who are then appointed by the Minister; the Director General is Secretary; membership must reflect gender equity with at least one third female.

Members of the Board vacate office in specified ways; most members hold office for three years and may be re-appointed once; the Minister may appoint replacements or acting members in certain circumstances.

Establishes a Secretariat headed by a Director General; Board appoints the Director General; the Director General serves a four-year term, may be reappointed, is full-time, and is responsible for day-to-day functions.

The Secretariat must perform several specified functions, including preparing a National Health Research Plan, coordinating and monitoring research programmes and training, establishing international linkages, reviewing proposals, providing clearance for publications in consultation with the Uganda National Council of Science and Technology, arranging periodic evaluations, taking custody of the Organisation's seal, and undertaking other necessary or expedient actions to carry out the Organisation's functions.

The Board may appoint other officers and staff on the Director General's advice and may delegate functions to the Director-General; employees appointed under this section shall hold office on terms set out in their instruments of appointment.

The Board may, on the advice of the Director General, engage consultants or experts for the Organisation to perform functions requiring special competence.

Specifies which research institutions are constituent research institutes of the Organisation; Board may approve others; Minister may declare approved institutions by statutory instrument; constituent institutes have semi-autonomous resource management aligned to Board-approved programmes and budgets; all entities carrying out health-related research in Uganda must affiliate with the Organisation.

A constituent research institute must perform specified research-related functions including undertaking health research, developing capacity, collaborating, reporting annually to the Director-General, and ensuring ethical clearance.

A constituent research institute may solicit and accept funds for approved research when performing its functions under the Act.

Each constituent research institute must have a management committee (director, heads of departments, and other officers as needed); the committee must assist the director, be accountable for resources, meet at least quarterly (presided over by the director or designate), develop capacity programmes (especially for women), and institutes may establish other internal committees.

The director of a constituent research institute must submit annual budgetary estimates of the institute to the Director-General.

The Organisation's funds consist of monies appropriated by Parliament; loans; money paid to the Organisation for performing its duties; and grants, donations and endowments from organisations and individuals.

The Board must open and maintain necessary bank accounts, bank money received as soon as practicable, and ensure no withdrawals occur without Board approval; each constituent institute must open and operate its own account.

The Board may determine how to invest surplus Organisation funds after consulting the Minister and the Minister responsible for finance.

The Board may borrow money from any source with the Minister's approval given in consultation with the Minister responsible for finance to discharge the Organisation's functions under the Act.

The Director General must prepare and submit to the Board estimates of income and expenditure and the operating plan for the next financial year within three months before the end of each financial year; the Board must then submit those approved estimates to the Minister within two months for approval.

The Organisation's financial year runs from 1 July to 30 June of the following calendar year.

The Director General must prepare and submit an annual statement of accounts to the Minister and the Minister responsible for finance, and must keep proper books and records.

Requires annual audit of the Organisation's accounts by the Auditor General (or an auditor appointed by them); requires the Board to submit the statement of accounts described in section 30(2) for audit within four months after each financial year; grants the Auditor General and appointed auditors access to books and entitlement to information and explanations.

Certain Board members, committee members, employees and persons acting for the Organisation are exempt from personal civil liability when acting in good faith without negligence to carry into effect the Act.

The Organisation must record and keep discoveries, inventions (including new formulas), indigenous knowledge, or improvements on apparatus or machines made by any person while carrying out the Organisation's objects and functions.

The Minister may, on the advice of the Board, make regulations by statutory instrument to implement this Act, including regulating constituent research institutes and prescribing penalties up to two years imprisonment or a fine up to forty eight currency points or both.

The Minister may amend the First Schedule (by statutory instrument with Cabinet approval) and may amend the Second and Third Schedules (by statutory instrument in consultation with the Board).

Employees of constituent research institutes at commencement either continue in their posts subject to Board review, receive severance if engaged by the Organisation, or return to parent ministries if not engaged; employees are deemed retired with full public-service benefits; the Board may delegate functions.

Property and assets that were vested in the constituent research institutes and are required for the Organisation’s functions shall vest in the Organisation, except assets the Minister may determine; the Minister may transfer Government assets necessary for the Organisation’s functions by statutory instrument.