Law Development Centre Act

Section 1. Interpretation Section " centre " means the Law Development Centre established under section 2 ;

Section 10. Chairperson of thecommittee Section 10(1) The Attorney General may, in writing under his or her hand, appoint any member of the committee other than the director to be chairperson of the committee . Section 10(2) The chairperson shall hold and vacate office as such in accordance with the terms of his or her appointment.

Section 11. Term of office of members Section 11(1) An appointed member of the committee shall hold office for a period of two years. Section 11(2) An appointed member of the committee may, by notice in writing under his or her hand addressed to the Attorney General, resign his or her membership, and the chairperson may, by the like notice, resign his or her office as chairperson . Section 11(3) A person who ceases to be an appointed member or ceases to be chairperson shall be eligible for reappointment. Section 11(4) If any appointed member of the committee , other than the chairperson , is for any reason unable to exercise the powers or perform the duties of his or her office, the Attorney General may, subject to section 7 , appoint another person to be a temporary member of the committee during the absence or incapacity of that member.

Section 12. Filling of vacancy Section If any vacancy occurs on the committee by death, resignation, effluxion of time or otherwise, the vacancy shall be filled by the Attorney General.

Section 13. Meetings of thecommittee Section 13(1) The chairperson shall preside at all meetings of the committee and where he or she is absent from any meeting, a member of the committee , nominated by the chairperson , or where no member is nominated by the chairperson , such person as the members present may elect, shall preside at the meeting of the committee . Section 13(2) The chairperson shall, in the case of an equality of votes, have a casting vote in addition to his or her deliberative vote. Section 13(3) Meetings of the committee shall be held at intervals of not less than three months at such place and time as the chairperson may, from time to time, appoint. Section 13(4) The chairperson shall, if requested by notice in writing signed by not fewer than three members of the committee , convene a meeting of the committee . Section 13(5) At all meetings of the committee , three members, including the chairperson , shall constitute a quorum. Section 13(6) Questions proposed or arising at any meeting of the committee shall be decided by a majority of votes of the members present and voting thereon. Section 13(7) Subject to this Act, the committee may regulate its own procedu...

Section 14. Transaction of business by circulation of papers Section Notwithstanding section 13 , the committee may, if it thinks fit, transact any of its business by the circulation of papers; and a resolution in writing approved by all the members of the committee shall be as valid and effectual as if it had been passed at a meeting of the committee by votes of the members so approving the resolution.

Section 15. Validity of proceedings Section The validity of any proceeding of the committee shall not be affected by any defect in the appointment of any member or by the absence of any member from the meeting at which the proceeding occurred or by any vacancy among the members of the committee .

Section 16. Establishment of subcommittees Section 16(1) The committee may— Section 16(1)(a) appoint subcommittees from among its members and may refer to any such subcommittee any matter for investigation and report to the committee ; Section 16(1)(b) co-opt any person on any subcommittee appointed under this section. Section 16(2) Subject to any directions of the committee , a subcommittee appointed under this section may regulate its own procedure and fix a quorum for its meetings.

Section 17. Appointment of staff Section 17(1) The committee may, with the approval of the Attorney General, appoint a director of the centre for such period as the committee may determine. Section 17(2) The committee may appoint a secretary , officers, servants and agents of the centre as it considers necessary for the efficient discharge of the functions of the centre . Section 17(3) The committee may employ any professional person to advise the centre on any point arising out of or in connection with any of the functions of the centre . Section 17(4) A person who holds judicial office may be appointed director of the centre without relinquishing that office, but shall not be required to perform his or her duties as the holder of that office while he or she remains director of the centre .

Section 18. Remuneration, etc. of staff Section 18(1) The committee may pay to the secretary , officers, servants and agents of the centre such remuneration and allowances as may be permitted by its standing orders. Section 18(2) The committee may grant pensions, gratuities or other retiring allowances to the secretary , officers, servants and agents of the centre as may be permitted by its standing orders.

Section 19. Funds of thecentre Section grants by the Government;

Section 2. Establishment and incorporation of thecentre Section There is established a centre to be called the Law Development Centre which shall, in that name, be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name and, subject to this Act, may do and suffer all other acts and things as bodies corporate may lawfully do and suffer.

Section 20. Borrowing powers Section 20(1) The centre may, with the prior approval of the Minister responsible for finance, borrow such sums of money required by it for meeting any of its obligations or for discharging any of its functions under this Act from such sources and on such terms as the centre sees fit. Section 20(2) An approval given under subsection (1) may be either general or limited to a particular borrowing or may be either unconditional or subject to conditions.

Section 21. Estimates Section Before the beginning of each financial year , the committee shall forward to the Minister responsible for finance, for his or her approval, estimates of its income and expenditure for the next financial year .

Section 22. Accounts Section 22(1) The committee shall keep books of account of all income and expenditure and proper records in relation to them in accordance with its standing orders. Section 22(2) Subject to such directions as to form as the Minister responsible for finance may give, the committee shall prepare, in respect of each financial year , a statement of account which shall include— Section 22(2)(a) a balance sheet, a statement of income and expenditure and a statement of surplus or deficit containing such information as, had the centre been a company registered under the Companies Act, would be required to be laid before the company by the directors at the annual general meeting; and Section 22(2)(b) such other information in respect of the financial affairs of the centre as the Minister responsible for finance may require.

Section 23. Audit of books of account Section The books and accounts of the centre shall be audited within four months after the end of each financial year by the Auditor General or an auditor appointed by him or her who shall be entitled to have access to all books of account, vouchers and other financial records of the centre and to require such information and explanation on the financial records as he or she thinks fit.

Section 24. Report ofcentre’s activities Section The committee shall, not later than three months after the end of each calendar year, send to the Attorney General a report on the centre ’s activities for the year.

Section 25. Investment of funds Section All funds of the centre that are not immediately required shall be invested in such investments as the committee , with the prior approval of the Minister responsible for finance, may determine.

Section 26. Dealings with thecentre Section whether any directions have been given to the centre under this Act or whether any directions so given have been complied with; or

Section 27. Contracts Section 27(1) Contracts on behalf of the centre may be made in the following manner— Section 27(1)(a) a contract which, if made between private persons, would be by law required to be in writing, and if made according to any law for the time being in force in Uganda is required to be under seal, may be made on behalf of the centre under the common seal of the centre ; Section 27(1)(b) a contract which, if made between private persons, would be by law required to be made in writing, signed by the parties to be charged with it, may be made on behalf of the centre in writing, signed by any person acting under its authority, express or implied; Section 27(1)(c) a contract which, if made between private persons, would be by law valid although made by parol only and not reduced into writing, may be made by parol on behalf of the centre by any person acting under its authority, express or implied. Section 27(2) A contract made according to and under subsection (1) shall be effectual in law and shall bind the centre and its successors and all other parties to the contract. Section 27(3) A contract made according to and under this section may be varied or discharged in...

Section 28. Service of documents Section Any document may be served on the centre by leaving it at or by sending it by registered post to the director of the centre at the offices of the centre .

Section 29. Preliminary expenses Section Any act done and preliminary expenses sanctioned by the Minister responsible for finance in connection with the establishment of the centre shall have the same effect and validity as if the act had been validly done and the expenses validly incurred by the centre ; and the centre may continue any such act or thing commenced under any such sanction but remaining unfinished at the date of the coming into force of this Act as if the act or thing had been initiated and carried through by the centre .

Section 3. Functions of thecentre Section 3(1) The centre shall have the functions of— Section 3(1)(a) organising and conducting courses of instruction for the acquisition of legal knowledge, professional skill and experience by persons intending to practise as attorneys in subjects which shall have been determined by the Law Council under the provisions of any law in force; Section 3(1)(b) organising and conducting courses in legislative drafting; Section 3(1)(c) organising and conducting courses for magistrates and for persons provisionally selected for appointment as magistrates; Section 3(1)(d) organising and conducting training courses for officers of the Government and members of the Uganda Peoples’ Defence Forces with a view to promoting a better understanding of the law; Section 3(1)(e) organising and conducting courses for officers and personnel of courts with a view to improving their efficiency; Section 3(1)(f) assisting any commissioner who may be appointed in the preparation and publication of a revised edition of the Laws of Uganda; Section 3(1)(g) assisting in the preparation of reprints of Acts of Parliament in accordance with any law for the time being in force; Se...

Section 30. Exemptions Section the payment of stamp duties under the Stamps Act; and

Section 31. Application of the Companies Act Section The Companies Act or any statutory modification or reenactment of it shall not apply to the centre .

Section 32. Standing orders Section 32(1) The committee may make standing orders respecting the management and conduct of the centre or any matter connected with the functions or the proper exercise, discharge or performance by the committee of its functions under this Act, and such standing orders may provide for— Section 32(1)(a) the salary structure of the secretary , officers, servants and agents of the centre ; Section 32(1)(b) the appointment, discipline and dismissal of the secretary , officers, servants and agents of the centre ; Section 32(1)(c) the provision of pensions, gratuities and other such payments for retirement; Section 32(1)(d) rules for contributory arrangements to any fund or pension scheme by the employees of the centre ; Section 32(1)(e) books of account to be kept by the centre ; and Section 32(1)(f) the allowances and expenses to be paid to members of the committee and subcommittees thereof. Section 32(2) Standing orders made under subsection (1)(a), (c), (d) and (f) shall be subject to the prior approval of the Minister responsible for finance, and all other standing orders made under that subsection shall be subject to the prior approval of the Attorney...

Section 4. Powers of thecentre Section acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the property;

Section 5. Seal of thecentre Section 5(1) The centre shall have a common seal, and the seal of the centre shall be authenticated by the signature of the chairperson or of any other two members of the committee authorised by resolution of the committee generally or specially to act in that behalf. Section 5(2) The signature of the chairperson or other members of the committee shall be independent of the signing by any other person as witness. Section 5(3) A certificate signed by the chairperson of the committee that any instrument purporting to be made or issued by or on behalf of the centre was so made or issued shall be conclusive evidence of that fact. Section 5(4) Every document purporting— Section 5(4)(a) to be an instrument made or issued by or on behalf of the centre and to be sealed with the seal of the centre authenticated in the manner provided by subsection (1) or to be signed or executed by the chairperson or other members of the committee authorised to act in that behalf; or Section 5(4)(b) to be a certificate such as is mentioned in subsection (3),

Section 6. Custody and use of the seal Section The common seal of the centre shall be kept in the custody of a person appointed by the committee and shall not be used or affixed to any instrument except in pursuance of a resolution duly adopted by the committee .

Section 7. Managementcommitteeand membership Section the Solicitor General;

Section 8. Functions of thecommittee Section 8(1) The committee shall be charged with the administration and management policy of the centre and shall be responsible to see that the same is carried out by the centre . Section 8(2) The executive authority of the committee to control and manage the centre shall, subject to the general or specific directions given to the director of the centre by the committee , be under the control and management of the director .

Section 9. Disqualifications for membership of thecommittee Section 9(1) No person shall be appointed a member of the committee who— Section 9(1)(a) is a paid employee of the centre ; Section 9(1)(b) is an insolvent or bankrupt person; Section 9(1)(c) is not resident in Uganda; or Section 9(1)(d) has been convicted of an offence involving fraud or dishonesty. Section 9(2) The Attorney General may at any time remove an appointed member from the committee if he or she is satisfied that that member— Section 9(2)(a) has become bankrupt or made an arrangement with his or her creditors; Section 9(2)(b) is incapacitated by physical or mental illness; Section 9(2)(c) has been convicted of an offence involving fraud or dishonesty; or Section 9(2)(d) is otherwise unable or is, in the opinion of the Attorney General, unfit to discharge the functions of a member or is unsuitable to continue as a member.