Physical Planners' Registration Act

Chapter 302

Physical Planners' Registration Act

Citation: Chapter 302
Date: 31 December 2023
Language: English
Publication: Download PDF (721.2 KB)

Uganda

Physical Planners' Registration Act

Chapter 302

Published in Government Gazette Acts Supplement 1 on 20 January 2023
Assented to on 14 October 2022
Commenced on 20 January 2023
[This is the version of this document at 31 December 2023.]
[Note: This legislation was revised and consolidated as at 31 December 2000 and 31 December 2023 by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]

An Act to provide for the establishment of a Physical Planners Registration Board; to provide for the powers and functions of the Board, to provide for the registration of physical planners; to provide for disciplinary procedures for errant physical planners and for other related matters.[Act 1/2023]

Part I – Interpretation

1. Interpretation

In this Act, unless the context otherwise requires—“Board” means the Physical Planners Registration Board established under section 2 of this Act;“Chairperson” means the chairperson of the Board;“Committee” means the Disciplinary Committee established under section 27 of this Act;“corporate member” means a person who—(a)at the commencement of this Act, possesses a degree in physical planning or other physical planning related qualification, with six years’ working experience as a physical planner; or(b)after the commencement of this Act, attains six years’ experience of practising as a registered physical planner, and is a holder of a certificate of recognition issued by the Society;“currency point” has the value assigned to it in Schedule 1 to this Act;“member” means a member of the Board;“Minister” means the Minister responsible for physical planning;“planning assistant” means a person who has a diploma in physical planning or other diploma in physical planning related qualifications, by whatever name called, recognised by the Board;“registered physical planner” means a person whose name is duly entered in the register and for the purposes of Part V of this Act, includes any person permitted to practice under section 14;“register” means the register of physical planners and planning assistants kept under section 8 of this Act;“Registrar” means the Registrar appointed by the Board under section 6 of this Act;“Society” means the Society of Professional Physical Planners established under this Act.

Part II – Physical Planners Registration Board

2. Establishment of Physical Planners Registration Board

(1)There is established a board to be known as the Physical Planners Registration Board.

(2)The Board is a body corporate with perpetual succession and a common seal and may, for the purposes of discharging its functions under this Act—

(a)acquire, hold and dispose of movable and immovable property;

(b)sue and be sued in its corporate name; and

(c)do all acts and things as a body corporate may lawfully do.

3. Functions of Board

The functions of the Board are—

(a)to set, monitor and regulate standards for physical planners;

(b)to register all persons eligible to practice as physical planners or planning assistants in accordance with this Act;

(c)to verify the qualifications and eligibility of all applicants seeking registration with the Board;

(d)to exercise, through the Committee, disciplinary control over physical planners and planning assistants;

(e)to act as an authentication centre for qualified physical planners and planning assistants, in consultation with the relevant degree or diploma awarding institution;

(f)to set and regulate the conduct of professional examinations under this Act;

(g)to issue codes of practice to regulate the conduct of physical planners and planning assistants; and

(h)to ensure and promote a high standard of education and training in the physical planning profession.

4. Membership of Board

(1)The Board shall consist of seven members, who shall be qualified physical planners appointed by the Minister, on such terms and conditions as the Minister may prescribe in their instruments of appointment, as follows—

(a)a chairperson who shall have experience of at least ten years in physical planning and who is a corporate member;

(b)two persons from public service who are corporate members;

(c)three persons from the private sector one of whom shall be nominated by the Society; and

(d)one person from the academia, who shall be a corporate member nominated by the Society.

(2)At least one-third of the members of the Board shall be women.

(3)A member of the Board shall hold office for three years and is eligible for re-appointment for one further term.

(4)A member of the Board may, in writing, addressed to the Minister, resign his or her office.

(5)The Minister may remove a member of the Board from office—

(a)for abuse of office;

(b)for inability to perform his or her functions arising from infirmity of body or mind;

(c)for incompetence;

(d)for failure to attend three consecutive meetings of the Board without reasonable grounds; or

(e)on conviction of an offence involving moral turpitude.

(6)The members of the Board shall be paid such remuneration or other allowances as the Minister shall, in consultation with the Minister responsible for finance, determine.

5. Meetings of Board

Schedule 2 applies to meetings of the Board.

Part III – Registration of physical planners

Management and Staff of Board

6. Registrar

(1)The Board shall appoint a registrar who shall hold office in accordance with the terms and conditions of his or her appointment.

(2)The Registrar appointed under subsection (1) shall possess a minimum qualification of a degree in the requisite field.

(3)The Registrar shall be the chief executive officer of the Board and shall be a full time employee of the Board.

(4)The Registrar shall—

(a)keep and maintain a register of physical planners and planning assistants;

(b)make necessary alterations and corrections in the register in relation to any entry as may be directed by the Board;

(c)remove from the register—

(i)the name of any person ordered to be removed under this Act;

(ii)the name of a deceased physical planner or planning assistant;

(iii)any entry which may have been incorrectly or fraudulently made in the register; or

(iv)with the consent of the physical planner concerned, the name of the physical planner who has ceased to practice.

(5)The Registrar shall be the secretary to the Board and shall be responsible for—

(a)recording the minutes of meetings of the Board and its committees; and

(b)keeping custody of all records and documents of the Board.

(6)The Registrar shall cease to hold office if—

(a)he or she resigns;

(b)he or she is declared or becomes insolvent or has made an arrangement with his or her creditors; or

(c)he or she has been convicted of an offence and sentenced to imprisonment for six months or more by a competent court in Uganda or outside Uganda without the option of a fine.

(7)The Registrar may be removed from office by the Board—

(a)for abuse of office;

(b)for inability to perform his or her functions arising from infirmity of body or mind;

(c)for incompetence; or

(d)for misbehaviour or misconduct.

7. Other officers and staff

(1)The Board may, on the advice of the Registrar, appoint other officers and staff of the Board.

(2)The officers and staff appointed under this section shall hold office on such terms and conditions as the Board shall determine in their instruments of appointment.

8. Register of physical planners and planning assistants

(1)The Registrar shall keep and maintain a register of physical planners and planning assistants approved for registration by the Board.

(2)The register shall indicate against every physical planner or planning assistant registered—

(a)his or her name;

(b)the date of entry in the register;

(c)his or her address;

(d)his or her qualifications; and

(e)any other particulars as the Board may direct.

(3)The Registrar shall cause to be published in the Gazette, the name of every person entered or struck off the register as soon as is practicable.

(4)The Registrar shall, after the 1st day of January and not later than the 31st day of March in each year, cause to be published in the Gazette, the up-to-date register maintained under this section.

(5)The register published under subsection (4) shall be prima facie evidence that a person named in the register is a registered physical planner or planning assistant.

9. Inspection of register

Any person may, during office hours and on payment of the prescribed fee, inspect the register or any document or entry in the register and may obtain from the Registrar, a copy of, or an extract from the register.

10. Proof of documents

(1)In any legal proceedings, a document purporting to be a copy of, or an extract from the register or any document kept or published by the Registrar which is certified by the Registrar to be a true copy or extract shall be admissible as prima facie evidence of the contents of the register or document.

(2)The Registrar shall not, in any legal proceedings to which he or she is not a party, be compelled—

(a)to produce the register or any document if its contents can be proved under subsection (1); or

(b)to appear as witness to prove an entry in the register or the matters recorded in the register or any document, unless the court, for special cause, so orders.

11. Conditions and qualifications for registration

(1)A person is entitled to be registered and have his or her name entered in the register of registered physical planners or registered physical planning assistants if he or she is a member of the Society.

(2)The person referred to in subsection (1) shall apply to the Board in the prescribed form and pay the prescribed fee.

(3)A person is qualified for registration as a registered physical planner if the Board is satisfied that the applicant—

(a)is a holder of a bachelor’s or graduate degree in either urban planning, regional planning, spatial planning, physical planning or other related qualifications from a university or other institution recognised by the Board;

(b)has not less than two years’ practical physical planning experience;

(c)has successfully undertaken a physical planning project under the supervision of a registered physical planner for not less than six months; and

(d)has a certificate of recognition as a graduate physical planner issued by the Society.

(4)A person is qualified for registration as a registered physical planning assistant if the Board is satisfied that the applicant—

(a)is a holder of a diploma either in urban planning, regional planning, spatial planning, physical planning or other related qualifications from a university or other institution recognised by the Board;

(b)has not less than two years’ practical physical planning experience;

(c)has successfully undertaken a physical planning project under the supervision of a registered physical planner for not less than six months; and

(d)has a certificate of recognition as a graduate physical planning assistant issued by the Society.

(5)Notwithstanding the requirements of subsection (3), a holder of a Doctorate in Philosophy in the field of either urban planning, regional planning, spatial planning, physical planning or other related field from a university or other institution recognised by the Board shall be qualified for registration as a physical planner if he or she is in possession of a certificate of recognition as a graduate physical planner issued by the Society.

12. Approval for registration

(1)An application made to the Board under section 11 shall be considered by the Board and if the Board is satisfied that the applicant is qualified, the Board shall approve the applicant for registration.

(2)Where the Board approves an applicant for registration under subsection (1), the Board shall authorise the Registrar to enter the name of the applicant in the register.

(3)For the avoidance of doubt, the approval of an application under this section shall be done by the Board and shall not be delegated to any committee of the Board.

13. Recognition of corporate member

A person who qualifies as a corporate member may apply in the prescribed form and upon payment of the prescribed application fee to the Society for a certificate of recognition.

14. Temporary registration

(1)Where a person satisfies the Board that he or she—

(a)is qualified under section 11(3);

(b)is a corporate member in his or her country of origin or a corporate physical planner, by whatever name called, recognised by the Board and furnishes sufficient guarantee of academic knowledge and practical experience in physical planning;

(c)is not ordinarily resident in Uganda; and

(d)is, or intends to be resident in Uganda and engage in practice as a physical planner for the specific work for which he or she has been engaged,

the Board may direct the Registrar to register that person either for a period not exceeding one year or for the period of the duration of the specific work which he or she has been engaged to do.

(2)An application for registration under this section shall be made in the prescribed form and shall be accompanied by—

(a)the prescribed fee; and

(b)documentary evidence of the applicant’s work or employment immediately prior to his or her coming to Uganda.

(3)The Board may require the applicant to appear before it for the purposes of considering his or her application.

(4)For the avoidance of doubt, this Act applies to a person registered under this section, for the duration of his or her registration.

15. Certificate of registration and effect of registration

(1)The Registrar shall issue a certificate of registration to every person registered under section 12 or 14.

(2)A person whose name has been entered in the register under section 11(3), 12 or 14, shall, so long as his or her name remains in the register, and subject to section 18, be entitled to adopt and use the style and title “physical planner” and to offer his or her services to the public for gain or reward or by way of trade as a professionally qualified physical planner.

16. Removal of name from register

(1)The Board may direct that the name of a registered physical planner be removed from the register where it is satisfied that the registered physical planner has—

(a)died;

(b)failed to pay the prescribed fee within the stipulated time;

(c)failed, within a period of six months from the date of a written inquiry sent by the Registrar to his or her last known address, to notify the Registrar in writing of his or her current address;

(d)requested that his or her name be removed from the register;

(e)had his or her name entered in the register by mistake or by reason of any false or misleading information;

(f)had his or her qualification under section 11 withdrawn or cancelled by the university or other institution through which it was acquired or awarded;

(g)been adjudged bankrupt;

(h)been found by the Committee to be guilty of professional misconduct; or

(i)been convicted of an offence under this Act.

(2)Except in the circumstances specified in subsection (1)(a), a registered physical planner whose name is removed from the register shall be informed in writing by the Registrar of the removal of his or her name from the register.

(3)The Registrar shall cause to be published in the Gazette and in a newspaper of national circulation as soon as practicable, the name, address and qualifications of a person whose name is removed from the register under this section.

(4)Except in the circumstances specified in subsection (1)(a), whenever a registered physical planner’s name is removed from the register, his or her practising certificate shall immediately be deemed to be cancelled, and he or she shall return the practising certificate to the Registrar.

17. Restoration of name on register

(1)Where the name of a registered physical planner has been removed from the register under section 16, his or her name shall not be re-entered on the register, unless the Board otherwise directs.

(2)Where the name of a registered physical planner has been removed from the register under section 16, the Board may, either of its own motion or on the application of any person made in the prescribed form and in either case after holding an inquiry—

(a)uphold the removal of the name from the register; or

(b)direct that the name of the physical planner be restored on the register.

(3)A direction given by the Board under subsection (2) may include the date upon which restoration of the name on the register shall take effect and provide for the payment, by the physical planner concerned, of a fee, not exceeding the fee payable in respect of an application for registration.

18. Issue of practising certificates and right to practice

(1)The Registrar shall issue a practising certificate to every physical planner whose name appears on the register and who applies for a certificate and pays the prescribed fee.

(2)A practising certificate shall be in the prescribed form and shall be valid until the 31st day of December next after its issue.

(3)A practising certificate issued under this Act may be renewed on application to the Registrar and upon payment of the prescribed fee.

(4)Subject to any regulations made under this Act, a registered physical planner who has a valid practising certificate issued under this Act may practice as such in Uganda.

(5)A registered physical planner who is not in possession of a valid practising certificate or whose practising certificate has been suspended or cancelled and who practices as a physical planner, commits professional misconduct.

(6)In addition to any punishment prescribed under this Act, the client of a physical planner to whom subsection (5) relates is entitled to a refund by the physical planner concerned, of any fees paid to that physical planner by the client, and to compensation in respect of any costs or loss incurred by the client as a result of the conduct of the physical planner.

Part IV – Establishment of Society of Society of Professional Physical Planners of Uganda

19. Establishment of Society of Professional Physical Planners of Uganda

(1)There is established a Society to be known as the Society of Professional Physical Planners of Uganda.

(2)The Society shall be a body corporate with perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name and, subject to this Act, may borrow money, acquire and dispose of property and do all such other things as a body corporate may lawfully do.

(3)The Society shall be a member-led professional association of professional physical planners of Uganda.

(4)The seal of the Society shall be authenticated by the signatures of the President of the Society and the Secretary to the Executive Council.

20. Membership

A person who qualifies to be registered as a registered physical planner under this Act, and who applies for membership, shall be admitted as a member of the Society.

21. Annual member admission fees

Members of the Society shall pay such annual member admission fees as may be prescribed by the Society, save that the initial annual member admission to the Society shall be free of charge.

22. Functions of Society

The functions of the Society are—

(a)to promote and protect the interests of the physical planning profession;

(b)to promote and maintain high standards of professional ethics among members of the physical planning profession;

(c)to provide programmes that support the professional interests of physical planners;

(d)to nominate representatives from the Society to the Board;

(e)to issue certificates of recognition pursuant to the provisions of this Act; and

(f)to do all such lawful acts as may be incidental or conducive to the promotion and carrying out of the physical planning profession.

23. Executive Council of Society

(1)There is established an Executive Council of the Society as the governing body responsible for the supervision of the affairs of the Society.

(2)The Executive Council shall consist of the following—

(a)the President;

(b)the Secretary;

(c)the Treasurer; and

(d)four council members.

(3)The members of the Executive Council shall be elected by the members of the Society at a general meeting.

(4)The Commissioner, Physical Planning in the Ministry responsible for Physical Planning and the Chairperson of the National Physical Planning Board shall be ex-officio members of the Executive Council.

(5)The Minister shall, within six months of the coming into force of this Act, appoint an interim Executive Council which shall organise the inaugural general meeting of the Society within twelve months of its appointment at which the first Executive Council shall be elected.

24. Tenure of office

A member of the Executive Council other than an ex-officio member shall hold office—

(a)for a period not exceeding three years; and

(b)shall be eligible for re-election only for a subsequent period not exceeding three years.

25. Certificate of recognition

The Society may, upon payment of the prescribed fee, issue to an applicant a certificate of recognition as a graduate physical planner or graduate physical planning assistant if the Society is satisfied that the applicant is a holder of a bachelor’s or postgraduate degree or diploma in urban planning, regional planning, spatial planning, physical planning or other related qualifications respectively, from a university or other institution recognised by the Board.

26. Delegation of functions

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

Part V – Discipline of physical planners and planning assistants

27. Disciplinary Committee

(1)There is established a committee of the Board to be known as the Disciplinary Committee which shall consist of—

(a)a chairperson appointed by the Board from among its members who shall preside at all meetings of the Committee; and

(b)four persons appointed by the Board on recommendation of the Society.

(2)The Registrar shall be the secretary to the Committee.

(3)A member of the Committee appointed under subsection 1(a) shall hold office for as long as he or she is a member of the Board and shall be eligible for re-appointment.

(4)The quorum of the Committee shall be three members.

(5)During the absence of or inability to act by the chairperson or any member of the Committee, the Board may nominate any member of the Board to act as the temporary chairperson of the Committee or as a temporary member of the Committee, as the circumstances require, during the period of such absence or inability to act.

(6)The members of the Committee shall be paid such remuneration and allowances as the Minister may determine.

28. Complaints

(1)A person may make a complaint of professional misconduct against a physical planner to the Committee.

(2)The secretary to the Committee shall, within fourteen days of receipt of a complaint, refer the matter to the Committee, which shall fix a date for hearing the complaint.

(3)Whenever in the opinion of the Committee the complaint does not disclose any prima facie case of professional misconduct, the Committee may, at any stage of the proceedings, dismiss the complaint without requiring the physical planner to whom the complaint relates to answer any allegations made against that physical planner; but the Committee shall hear the complainant before dismissing the complaint under this subsection.

(4)The Committee shall give the physical planner against whom the complaint is made an opportunity to appear before it, and shall furnish him or her with a copy of the complaint, and of any document in support of the complaint.

29. Procedure of Committee

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

30. Decisions of Committee

(1)The Committee may, after considering the evidence adduced, order that the complaint be dismissed or, if the Committee is of the opinion that a case of professional misconduct on the part of the physical planner has been made out, the Committee may make any of the following orders—

(a)caution the physical planner;

(b)suspension of the physical planner from practice for a specified period not exceeding two years;

(c)strike off the name of the physical planner from the register; or

(d)payment of a fine by the physical planner not exceeding one hundred currency points.

(2)The Committee shall give a copy of its decision under subsection (1) to the complainant and the physical planner to whom the complaint relates.

31. Appeal against order of Committee

(1)A person aggrieved by an order of the Committee may appeal to the High Court against the order of the Committee.

(2)An appeal by an aggrieved person under this section shall be—

(a)by notice of appeal to the High Court within fourteen days from the date of the decision of the Committee; and

(b)by filing with the High Court, a memorandum of appeal setting out the grounds of appeal within thirty days after the giving of the notice of appeal referred to under paragraph (a).

32. Power of High Court

(1)The High Court may, after hearing an appeal against the decision of the Committee—

(a)refer the matter back to the Committee, with directions of its finding on any specified point; or

(b)confirm, set aside or vary any order made by the Committee or substitute for it such order as it may consider fit.

(2)Every decision of the High Court made under this section shall be final and conclusive and shall not be subject to appeal to any other court.

33. Orders to be noted on register

The Registrar shall cause a note of the effect of a final order of the Committee or High Court to be entered in the register against the name of the physical planner concerned, and where the order so directs, shall strike off his or her name from the register.

34. Disciplinary powers as to planning assistants

(1)A person may apply to the Committee for an order directing that a registered physical planner shall not, in connection with his or her practice, take into or retain in his or her employment or remunerate any person who, being or having been a planning assistant to the registered physical planner—

(a)as been convicted of an offence involving fraud or deceit;

(b)has been a party to any act or default of a registered physical planner in respect of which a complaint has been made against that registered physical planner to the Committee; or

(c)has so conducted himself or herself while employed as a planning assistant to a registered physical planner that had he or she been a registered physical planner, the conduct might have formed the subject of a complaint against him or her to the Committee.

(2)The Committee may grant permission in writing to an applicant referred to in subsection (1), for such period and subject to such conditions as the Committee may consider fit.

(3)The provisions of sections 28(3), (4), and 29 shall, with necessary modifications, apply to the hearing of an application under this section.

(4)Every order made by the Committee under this section shall be filed, on a file to be kept for that purpose, by the secretary to the Committee, who shall cause a certified copy of the order to be delivered to the person to whom it relates or forward it by registered post to his or her last known address.

35. Right of appeal of planning assistant

(1)A person against whom an order has been made by the Committee under section 34 may, within fourteen days from the date of receipt of the order, appeal against the order to the High Court, by filing a notice of appeal to the Registrar, and a memorandum of appeal setting out the grounds of appeal within thirty days after filing of the notice of appeal.

(2)The High Court shall set down for hearing any appeal filed under subsection (1) and shall give the Committee and the appellant, not less than twenty-one days’ notice of the date of the hearing.

(3)The provisions of sections 32 and 33 shall, with necessary modifications, apply to the hearing of appeals under this section.

36. Offences and penalties with respect to employment of planning assistant against whom an order is in force

(1)A person against whom an order made under section 34 is in force, who accepts employment by, or remuneration from, a registered physical planner in connection with his or her practice as a registered physical planner, commits an offence.

(2)A registered physical planner who knowingly acts in contravention of an order made under section 34, or in contravention of any condition subject to which the permission of the Committee may have been given under subsection (2) of that section, commits an offence.

(3)A person who commits an offence under subsection (1) or (2), is liable, on conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding twelve months, or both.

37. Order of Committee to be received in evidence

Every report and every order made by the Committee under this Act shall be signed by the chairperson of the Committee, and any document purporting to be a report or an order so signed shall be received in evidence in any judicial proceedings or in any proceedings under this Act, and shall be deemed to be such a report or order without further proof of its contents, unless the contrary is shown.

38. Proceedings under this Part to be in addition to other remedies

(1)No proceedings, whether civil or criminal, and whether pending or terminated, shall be a bar to disciplinary proceedings under this Part based on the same or substantially the same facts as those to which the civil or criminal proceedings relate.

(2)No disciplinary proceedings under this Part, whether pending or terminated, shall be a bar to any civil or criminal proceedings or other remedy based on the same or substantially the same facts as those to which the proceedings under this Part relate.

Part VI – Financial and other matters

39. Funds of Board

The funds of the Board shall consist of—

(a)moneys appropriated by Parliament for the purposes of the Board;

(b)registration and annual subscription fees from registered physical planners;

(c)fees, fines and money paid to the Board for services rendered under this Act;

(d)fees paid for practising certificates under this Act;

(e)loans to the Board with the approval of the Minister, the Minister responsible for finance and Parliament;

(f)grants, gifts or donations to the Board made with the approval of the Minister and the Minister responsible for finance; and

(g)any revenue derived from the sale of any property, movable or immovable by or on behalf of the Board.

40. Power to open and operate bank accounts

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

(2)The bank accounts of the Board shall be operated in accordance with the Public Finance Management Act.

41. Estimates

The Board shall, in accordance with the Public Finance Management Act cause to be prepared and submitted to the Minister for approval, estimates of the income and expenditure of the Board and the operating plan of the Board for the next financial year.

42. Financial year

The financial year of the Board is the period of twelve months beginning on the 1st day of July in each year, and ending on the 30th day of June in the next calendar year.

43. Accounts

The Board shall—

(a)keep proper books of accounts and all records relating to the transactions and affairs of the Board; and

(b)within two months after the end of the financial year, prepare the financial statement for the preceding financial year and submit a copy to the Auditor General, the Accountant General and the Secretary to the Treasury.

44. Audit

The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Board in accordance with the National Audit Act.

45. Annual report

(1)The Board shall submit to the Minister, as soon as practicable but not later than three months after the end of each financial year, a report detailing the activities and operations of the Board during the year to which the report relates.

(2)The Minister shall, within two months after receipt of the annual report, submit the report to Parliament with any statement on the report which he or she considers necessary.

(3)The Board shall publish the annual report and the report of the audited accounts in a newspaper of national circulation within six months after the end of each financial year.

Part VII – General

46. Alterations in register

(1)The Registrar may—

(a)with the approval of the Board make any correction in the register as may be necessary;

(b)remove from the register, the name of any deceased physical planner;

(c)remove from the register the name of a physical planner whose name has been ordered to be removed under this Act;

(d)with the consent of the physical planner concerned, remove from the register the name of a physical planner who has ceased to practice.

(2)Where the Registrar has reason to believe that a registered physical planner has ceased to practice, the Registrar may send to the physical planner at the last known address, a notice seeking clarification on whether the physical planner has ceased to practice in Uganda, a copy of which shall be published in the Gazette.

(3)Where no reply is received by the Registrar within six months from the date of the notice under subsection (2), the Registrar shall remove from the register the name of the physical planner.

47. Committees of Board

(1)The Board may appoint such other committees of the Board from among its members to deal with specific matters of the Board.

(2)The Board shall, in writing, specify the terms and conditions of service of the members of a committee appointed under this section.

(3)A committee may invite any person to attend its meetings and may co-opt any person to the committee, but that person shall not vote on any matter before the committee.

(4)Subject to any direction given by the Board, a committee appointed under this section may regulate its own procedure.

(5)Members of a committee appointed under this section shall be paid such allowances as the Board may determine.

48. Inspection of offices

The Board may, during working hours, inspect the premises or offices of a physical planner to ascertain whether the premises or offices are suitable for carrying on the business of physical planning and whether the physical planner is able to supervise all planning work.

49. Professional Code of Ethics

(1)Every physical planner registered under this Act shall be subject to the Professional Code of Ethics prescribed in Schedule 4 to this Act.

(2)A physical planner who contravenes the Professional Code of Ethics commits professional misconduct and shall be dealt with by the Disciplinary Committee as appropriate.

50. Protection from liability of members and staff of Board

A member of the Board, an officer of the Board, a person acting on the directions of the Board or of an officer of the Board is not personally liable for any act or omission done in good faith in the exercise of functions under this Act.

51. Registered physical planner to undergo continuing education

(1)A registered physical planner engaged in active public or private practice shall undertake minimum continuing education requirements as prescribed by the Board.

(2)The Board may, by notice in the Gazette, delegate the responsibility of arranging continuing education in subsection (1) to the Society.

52. Offences

(1)A person who—

(a)fraudulently makes, causes or permits to be made, any false or incorrect entry in the register;

(b)fraudulently procures or attempts to procure himself, herself or any other person to be registered under this Act;

(c)knowingly and willfully makes a statement which is false in a material particular or which is misleading with a view to gaining any advantage, concession or privilege under this Act, whether for himself or for any other person;

(d)not being a registered physical planner—

(i)falsely pretends to be a physical planner;

(ii)uses the style or title “physical planner” or any other name, style, title or description implying, whether in itself or in the circumstances in which it is used, that such person is a registered physical planner;

(iii)holds himself or herself out to be a professionally qualified physical planner,

commits an offence and is liable, on conviction, to a fine not exceeding forty eight currency points or to imprisonment for a term not exceeding two years, or both.

(2)A person upon whom a summons has been served under this Act—

(a)refuses or neglects, without sufficient cause, to attend at the inquiry;

(b)refuses, without sufficient cause, to answer fully and satisfactorily to the best of his or her knowledge and belief all questions put to him or her by or with the concurrence of the Committee or Board;

(c)refuses or omits, without sufficient cause, to produce any document in his or her possession or under his or her control which is specified in the summons or order,

commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding one year, or both.

53. Appeals from decisions of Board

(1)A person aggrieved by a decision of the Board—

(a)refusing to register his or her name;

(b)removing his or her name from the register;

(c)refusing to restore his or her name on the register; or

(d)suspending his or her practising certificate,

may, within thirty days from the date of receipt of the written decision of the Board, appeal to the High Court against the decision.

(2)The High Court may give directions as it deems fit and the decision of the High Court shall be final.

54. Regulations

(1)The Minister may, by statutory instrument, in consultation with the Board, make regulations generally for giving effect to the provisions of this Act.

(2)Without limiting the general effect of subsection (1), the Minister may make regulations relating to—

(a)the conduct of the business of the Board and the procedure to be followed by the Board in any inquiry under this Act;

(b)the conduct of the affairs of the Society including, elections guidelines for the Executive Council of the Society, financial regulation of the Society, and other related matters;

(c)the duties of the Registrar;

(d)the issuance of certificates of registration;

(e)application fees, the fees to be paid for inspection of the register, certificates, extracts, copies and lists of, or in relation to entries in the register;

(f)any forms to be used for the purposes of this Act; or

(g)anything required by this Act to be prescribed.

(3)The Board may, by statutory instrument, make regulations prescribing—

(a)the management of the property and funds of the Board;

(b)the appointment of committees of the Board;

(c)the disciplinary control of officers and employees of the Board;

(d)the procedure to be followed by persons applying for registration;

(e)the granting of a special rank, howsoever styled, to physical planners of long standing, requisite skill and experience and the regulating of their practice;

(f)the minimum continuing education requirements; or

(g)the fees to be charged by physical planners for professional advice, services rendered and work done.

55. Power to amend Schedules

(1)The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.

(2)The Minister may, by statutory instrument, amend Schedules 2, 3 and 4 to this Act.

56. Transitional provision

Where, on the coming into force of this Act, a person is qualified to apply for registration as a registered physical planner or registered physical planning assistant, the person shall be entitled to continue to practice as a registered physical planner or registered physical planning assistant upon issuance of a six months interim registration certificate by the Minister.

Schedule 1 (Sections 1, 55(1))

Currency point

A currency point is equivalent to twenty thousand shillings.

Schedule 2 (Sections 5, 55(2))

Meetings of Board

1.Meetings of Board

(1)The chairperson shall convene every meeting of the Board at times and places as the Board may determine and the Board shall meet for the discharge of business at least once in every three months.

(2)The chairperson may, at any time, convene a special meeting of the Board and shall also call a meeting within fourteen days, if requested to do so in writing by at least four members of the Board.

(3)Notice of the Board meeting referred to in subparagraph (1) shall be given in writing to each member at least seven working days before the day of the meeting.

(4)The chairperson shall preside at every meeting of the Board and in the absence of the chairperson, the members present shall appoint a member from among themselves to preside at that meeting.

2.Quorum

(1)The quorum for a meeting of the Board is four members.

(2)All decisions at a meeting of the Board shall be by a majority of the votes of the members present and voting and in case of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.

3.Minutes of meetings

(1)The Board shall cause to be recorded and kept minutes of all meetings of the Board in a form approved by the Board.

(2)The minutes recorded under this paragraph shall be submitted to the Board for confirmation at its next meeting following that to which the minutes relate and when so confirmed, shall be signed by the chairperson and the secretary to the Board, in the presence of the members present at the latter meeting.

4.Decision by circulation of papers

(1)Subject to subparagraph (2), decisions of the Board may be made by the circulation of the relevant papers among the members and the expression of their views in writing, but any member is entitled to request that any such decision shall be deferred until the subject matter has been considered at a meeting of the Board.

(2)A decision made by circulation of papers under this paragraph is not valid unless it is supported by not less than five members.

5.Power to co-opt

(1)The Board may co-opt any person who, in the opinion of the Board, has expert knowledge concerning the functions of the Board, to attend and take part in the proceedings of the Board.

(2)A person co-opted under this paragraph may take part in any discussion at the meeting of the Board on which his or her advice is required but shall not have any right to vote at that meeting.

6.Validity of proceedings not affected by vacancy, etc.The validity of any proceedings of the Board shall not be affected by a vacancy in its membership or by any defect in the appointment or qualification of a member or by reason that a person not entitled, took part in its proceedings.

7.Disclosure of interest of members

(1)A member of the Board who is in any way directly or indirectly interested in a contract made or proposed to be made by the Board, or in any other matter which falls to be considered by the Board, shall disclose the nature of his or her interest at a meeting of the Board.

(2)A disclosure made under subparagraph (1) shall be recorded in the minutes of that meeting.

(3)A member who makes a disclosure under subparagraph (1) shall not—

(a)be present during any deliberation of the Board with respect to that matter; or

(b)take part in any decision of the Board with respect to that matter.

(4)For the purposes of determining whether there is quorum, a member withdrawing from a meeting or who is not taking part in a meeting under subparagraph (3) shall be treated as being present.

8.Seal of Board

(1)The Board shall have a common seal, which shall be kept in the custody of the secretary.

(2)The affixing of the seal to any document shall—

(a)be authorised or ratified by resolution of the Board; and

(b)be authenticated by the signature of the Chairperson.

9.Board may regulate its procedureSubject to this Act, the Board may regulate its own procedure or any other matter relating to its meetings.

Schedule 3 (Sections 29 and 55)

Procedure of Disciplinary Committee

1.Statement of charges

(1)The secretary to the Committee shall cause to be prepared a statement setting out the charges to be inquired into by the Committee and a copy of the statement shall be given to each member of the Committee, the registered physical planner or planning assistant whose conduct is to be inquired into and the person bringing the accusation.

(2)The physical planner or planning assistant against whom a complaint is made shall be given a copy of the relevant documents at least 7 days before the date fixed for the hearing to enable him or her to file a reply to the complaint.

2.Date of hearing

(1)The secretary shall fix the date of the hearing and shall give written notice to the members of the Committee, the person who is the subject of the inquiry and the person bringing the accusation, at least 14 days before the date of hearing.

(2)The absence from the hearing of the inquiry of any person to whom notice was given shall not affect the proceedings of the inquiry.

3.Committee to require person to appearThe Committee may require any person—

(a)to appear before it for the purposes of giving evidence; or

(b)to produce any document to the Committee.

4.OathThe Committee shall have power to administer an oath or affirmation prescribed under the Oaths Act, to any person who is required to give evidence before the Committee.

5.Legal representationA person whose conduct is the subject of an inquiry may be represented by an advocate at the proceedings of the inquiry.

6.Power to co-opt

(1)The Committee may co-opt any person who, in the opinion of the Committee, has expert knowledge concerning an inquiry before the Committee, to attend and take part in the disciplinary proceedings.

(2)A person co-opted under this section may take part in any discussion at the meeting of the Committee on which his or her advice is required but shall not have a right to vote at that meeting.

7.Inquiry to be in cameraAny inquiry held by the Committee shall be in camera, unless the Committee decides otherwise.

8.Decisions of CommitteeAny matter before the Committee shall be decided by a simple majority of the members present and voting.

Schedule 4 (Sections 49 and 55)

Professional Code of Ethics

1.Every registered physical planner shall at all times fully execute the duties he or she undertakes and shall act in an honorable manner towards his or her professional colleagues.

2.Every registered physical planner shall at all times be honest and impartial in all his or her dealings between his or her client or employer and the contractor.

3.A registered physical planner shall not advertise his or her professional services.

4.A registered physical planner shall not proceed with any professional work upon which another physical planner has been employed by the same client without communication in writing to the physical planner and ensuring that the engagement of the other physical planner has been terminated.

5.A registered physical planner shall not accept a position to carry on or engage in any operation, trade or business in which his or her interest conflicts with the proper discharge of his or her professional duties.

6.A registered physical planner shall not accept any work which involves the giving or receiving of discount or commission nor shall he or she accept any discount, gift or commission from contractors or tradesmen whether employed in his or her work or not.

7.A registered physical planner shall only be remunerated by fee and salary paid by the client and employer respectively and not by commissions on sale or profits.

8.A registered physical planner shall not append his or her signature to drawings, specifications or certificates not prepared by him or her or his or her staff under his or her supervision for the purposes of obtaining the approval of any authority.

9.A registered physical planner may allow signed illustrations and descriptions of his or her work to be published in the mass media but shall not give monetary consideration for such publication.

10.A registered physical planner may exhibit his or her name or the name of his or her firm outside his or her office, or site notice board at a planning project for which he or she has been commissioned in lettering not exceeding seventy-five millimeters in height.

11.A registered physical planner shall not attempt to supplant another physical planner nor compete by means of a reduction of fees or by any other inducement.

12.A registered physical planner shall keep confidential, all information provided to him or her during the course of his or her work, and shall not disclose or use that information for his or her own benefit, nor disclose it to any third party except—

(a)with the express approval of the person to whom the information relates;

(b)where required to do so by law; or

(c)where it is necessary to prevent damage to the public interest.

History of this document

31 December 2023 this version

Chapter 302

Revised Laws 2023

Consolidation

20 January 2023

Published in Government Gazette Acts Supplement 1

Commenced

14 October 2022

Assented to

Cited documents 1

Act

Oaths Act

Documents citing this one 0

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