Physical Planners' Registration Act

This section provides definitions of terms used in the Act (for example: "Board", "Chairperson", "corporate member", "currency point", "Minister", "planning assistant", "registered physical planner", "register", "Registrar", "Society").

Establishes the Physical Planners Registration Board as a body corporate and permits the Board to acquire and dispose of property, sue and be sued, and perform lawful corporate acts to discharge its functions under the Act.

The Board has functions including setting and regulating standards, registering eligible practitioners, verifying applicants, disciplining practitioners through a Committee, acting as an authentication centre, setting examinations, issuing codes of practice, and promoting education and training.

The Board must consist of seven qualified physical planners appointed by the Minister; composition requirements include at least one-third women; members hold office for three years (eligible for one re-appointment); the Minister may remove members for specified reasons and determines remuneration in consultation with the finance Minister.

Schedule 2 applies to meetings of the Board.

Establishes the Society of Professional Physical Planners of Uganda as a corporate, member-led professional association with powers to borrow, own and dispose of property and to sue and be sued; seal authenticated by President and Secretary to the Executive Council.

A person who qualifies for registration as a registered physical planner and applies for membership shall be admitted as a member of the Society.

Members of the Society must pay annual member admission fees, except the initial admission is free.

The Society has a set of functions including promoting the profession, maintaining ethics, providing programmes, nominating Board representatives, issuing recognition certificates under the Act, and performing lawful acts incidental to promoting the profession.

Establishes an Executive Council for the Society, lists its members, sets election by Society members, makes two named officials ex‑officio members, requires the Minister to appoint an interim Council within six months, and requires that interim Council to organise an inaugural general meeting within twelve months of appointment.

A non–ex‑officio member of the Executive Council holds office for at most three years and may only be re-elected for a subsequent term of at most three years.

The Society may issue a certificate of recognition as a graduate physical planner or graduate physical planning assistant to an applicant, subject to payment of the prescribed fee and if the Society is satisfied that the applicant holds a specified degree or diploma from a recognised institution.

The Executive Council may appoint committees and other officers to carry out delegated functions for the proper management of the Society.

Establishes a Disciplinary Committee of the Board, sets its composition, quorum, secretary, tenure of certain members, temporary nomination powers for absences, and that members are paid remuneration determined by the Minister.

Anyone may complain to the Committee about a physical planner; the secretary must refer complaints to the Committee within fourteen days; the Committee must fix a hearing date, must give the planner notice and documents, and may dismiss complaints that lack a prima facie case but must hear the complainant before dismissing.

The Committee must follow the procedure prescribed in Schedule 3 to this Act.

The Committee may dismiss complaints or order sanctions (caution, suspension up to two years, striking off, or a fine up to one hundred currency points) where professional misconduct is found; the Committee must give a copy of its decision to the complainant and the physical planner.

An aggrieved person may appeal a Committee order to the High Court; must give notice within 14 days and file a memorandum within 30 days after the notice.

The High Court has the power, after hearing an appeal from the Committee, to refer the matter back with directions, or to confirm, set aside, vary or substitute any order made by the Committee.

The Registrar must record the effect of a final Committee or High Court order in the register and, if the order directs, remove the planner's name from the register.

Allows a person to apply to the Committee for an order preventing a registered physical planner from employing or remunerating certain planning assistants; permits the Committee to grant written permission and requires the secretary to file orders and notify the affected person.

A person subject to a Committee order may appeal to the High Court within specified time limits; the High Court must set the appeal down for hearing and give at least 21 days’ notice to the Committee and appellant; sections 32 and 33 apply with necessary modifications.

Persons subject to an order under section 34 must not accept employment or remuneration from a registered physical planner; registered physical planners must not knowingly act contrary to such an order or related conditions; offenders face a fine up to one hundred currency points or imprisonment up to twelve months, or both.

Reports and orders made by the Committee must be signed by the chairperson to be validly treated as such.

Civil or criminal proceedings (whether pending or concluded) do not bar disciplinary proceedings under this Part on the same or substantially the same facts, and disciplinary proceedings under this Part do not bar civil or criminal proceedings or other remedies on the same or substantially the same facts.

Provides a list of what constitutes the funds of the Board.

The Board shall, with the authority of the Accountant General, open and maintain bank accounts necessary for the performance of the functions of the Board.

The Board must prepare and submit to the Minister for approval the Board's income and expenditure estimates and operating plan for the next financial year, in accordance with the Public Finance Management Act.

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

The Board must keep proper books and records, and within two months after the end of the financial year prepare the preceding year's financial statement and send a copy to the Auditor General, the Accountant General and the Secretary to the Treasury.

The Auditor General or an auditor appointed by the Auditor General must audit the Board's accounts each financial year in accordance with the National Audit Act.

The Board must submit an annual report to the Minister within three months after each financial year; the Minister must submit that report to Parliament within two months of receipt; the Board must publish the annual report and audited accounts in a national newspaper within six months after each financial year.

The Registrar may correct the register with Board approval and may remove names of physical planners in specified circumstances; if no reply to a notice is received within six months the Registrar shall remove the name.

The Board may appoint committees from among its members; the Board must set committee members' terms in writing; committees may invite or co-opt persons (who may not vote) and may regulate their own procedure subject to Board direction; committee members shall be paid allowances the Board determines.

The Board may inspect a physical planner's premises or offices during working hours to check suitability and the planner's ability to supervise planning work.

Physical planners registered under the Act must follow the Professional Code of Ethics in Schedule 4; contravening it is professional misconduct and will be dealt with by the Disciplinary Committee.

Members and officers of the Board and persons acting on their directions are not personally liable for acts or omissions done in good faith in the exercise of functions under this Act.

Registered physical planners in active public or private practice must undertake minimum continuing education as prescribed by the Board.

Lists offences by persons (including unregistered persons and persons served with a summons) such as making false register entries, fraudulently procuring registration, false statements, misrepresenting title or qualifications, and refusing to comply with inquiries or produce documents.

A person aggrieved by certain Board decisions may seek directions from the High Court, and the High Court's decision is final.

Grants the Minister and the Board authority to make regulations on various matters; the Minister may make regulations generally (in consultation with the Board) and the Board may prescribe specific matters by statutory instrument.

The Minister may, by statutory instrument, amend Schedule 1 to this Act with the approval of Cabinet, and may amend Schedules 2, 3 and 4 to this Act.

A person who, when the Act comes into force, is qualified to apply for registration as a registered physical planner or planning assistant is entitled to continue practising after the Minister issues a six months interim registration certificate.