Physical Planners' Registration Act

Section Interpretation Section 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 reg...

Section Establishment of Physical Planners Registration Board Section 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— There is established a board to be known as the Physical Planners Registration Board . acquire, hold and dispose of movable and immovable property; sue and be sued in its corporate name; and do all acts and things as a body corporate may lawfully do.

Section Functions of Board Section The functions of the Board are— to set, monitor and regulate standards for physical planners; to register all persons eligible to practice as physical planners or planning assistants in accordance with this Act; to verify the qualifications and eligibility of all applicants seeking registration with the Board ; to exercise, through the Committee , disciplinary control over physical planners and planning assistants; to act as an authentication centre for qualified physical planners and planning assistants, in consultation with the relevant degree or diploma awarding institution; to set and regulate the conduct of professional examinations under this Act; to issue codes of practice to regulate the conduct of physical planners and planning assistants; and to ensure and promote a high standard of education and training in the physical planning profession.

Section Membership of Board Section 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— The Minister may remove a member of the Board from office— a chairperson who shall have experience of at least ten years in physical planning and who is a corporate member ; two persons from public service who are corporate members; three persons from the private sector one of whom shall be nominated by the Society ; and one person from the academia, who shall be a corporate member nominated by the Society . At least one-third of the members of the Board shall be women. A member of the Board shall hold office for three years and is eligible for re-appointment for one further term. A member of the Board may, in writing, addressed to the Minister , resign his or her office. for abuse of office; for inability to perform his or her functions arising from infirmity of body or mind; for incompetence; for failure to attend three consecutive meetings of the Board without reasonable grounds; or on conviction of an offence involving moral tu...

Section Meetings of Board Section Schedule 2 applies to meetings of the Board .

Section Establishment of Society of Professional Physical Planners of Uganda Section There is established a Society to be known as the Society of Professional Physical Planners of Uganda. 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. The Society shall be a member -led professional association of professional physical planners of Uganda. The seal of the Society shall be authenticated by the signatures of the President of the Society and the Secretary to the Executive Council.

Section Membership Section 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 .

Section Annual member admission fees Section 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.

Section Functions of Society Section The functions of the Society are— to promote and protect the interests of the physical planning profession; to promote and maintain high standards of professional ethics among members of the physical planning profession; to provide programmes that support the professional interests of physical planners; to nominate representatives from the Society to the Board ; to issue certificates of recognition pursuant to the provisions of this Act; and to do all such lawful acts as may be incidental or conducive to the promotion and carrying out of the physical planning profession.

Section Executive Council of Society Section The Executive Council shall consist of the following— There is established an Executive Council of the Society as the governing body responsible for the supervision of the affairs of the Society . the President; the Secretary; the Treasurer; and four council members. The members of the Executive Council shall be elected by the members of the Society at a general meeting. 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. 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.

Section Tenure of office Section A member of the Executive Council other than an ex-officio member shall hold office— for a period not exceeding three years; and shall be eligible for re-election only for a subsequent period not exceeding three years.

Section Certificate of recognition Section 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 .

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

Section Disciplinary Committee Section There is established a committee of the Board to be known as the Disciplinary Committee which shall consist of— a chairperson appointed by the Board from among its members who shall preside at all meetings of the Committee ; and four persons appointed by the Board on recommendation of the Society . The Registrar shall be the secretary to the Committee . 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. The quorum of the Committee shall be three members. 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. The members of the Committee shall be paid such remuneration and allowances as the Minister may determine.

Section Complaints Section A person may make a complaint of professional misconduct against a physical planner to the Committee . 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. 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. 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.

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

Section Decisions of Committee Section 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— caution the physical planner; suspension of the physical planner from practice for a specified period not exceeding two years; strike off the name of the physical planner from the register ; or payment of a fine by the physical planner not exceeding one hundred currency points. The Committee shall give a copy of its decision under subsection (1) to the complainant and the physical planner to whom the complaint relates.

Section Appeal against order of Committee Section An appeal by an aggrieved person under this section shall be— A person aggrieved by an order of the Committee may appeal to the High Court against the order of the Committee . by notice of appeal to the High Court within fourteen days from the date of the decision of the Committee ; and 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) .

Section Power of High Court Section The High Court may, after hearing an appeal against the decision of the Committee — refer the matter back to the Committee , with directions of its finding on any specified point; or confirm, set aside or vary any order made by the Committee or substitute for it such order as it may consider fit. 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.

Section Orders to be noted on register Section 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 .

Section Disciplinary powers as to planning assistants Section 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 — as been convicted of an offence involving fraud or deceit; 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 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 . 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. The provisions of sections 28(3) , (4) , and 29 shall, with necessary modifications, apply to the hearing of an application under this section. Every order made by...

Section Right of appeal of planning assistant Section 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. 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. The provisions of sections 32 and 33 shall, with necessary modifications, apply to the hearing of appeals under this section.

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

Section Order of Committee to be received in evidence Section 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.

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

Section Funds of Board Section The funds of the Board shall consist of— moneys appropriated by Parliament for the purposes of the Board ; registration and annual subscription fees from registered physical planners; fees, fines and money paid to the Board for services rendered under this Act; fees paid for practising certificates under this Act; loans to the Board with the approval of the Minister , the Minister responsible for finance and Parliament; grants, gifts or donations to the Board made with the approval of the Minister and the Minister responsible for finance; and any revenue derived from the sale of any property, movable or immovable by or on behalf of the Board .

Section Power to open and operate bank accounts Section 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 . The bank accounts of the Board shall be operated in accordance with the Public Finance Management Act.

Section Estimates Section 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.

Section Financial year Section 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.

Section Accounts Section The Board shall— keep proper books of accounts and all records relating to the transactions and affairs of the Board ; and 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.

Section Audit Section 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.

Section Annual report Section 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. 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. 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.

Section Alterations in register Section The Registrar may— with the approval of the Board make any correction in the register as may be necessary; remove from the register , the name of any deceased physical planner; remove from the register the name of a physical planner whose name has been ordered to be removed under this Act; with the consent of the physical planner concerned, remove from the register the name of a physical planner who has ceased to practice. 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 . 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.

Section Committees of Board Section The Board may appoint such other committees of the Board from among its members to deal with specific matters of the Board . The Board shall, in writing, specify the terms and conditions of service of the members of a committee appointed under this section. 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. Subject to any direction given by the Board , a committee appointed under this section may regulate its own procedure. Members of a committee appointed under this section shall be paid such allowances as the Board may determine.

Section Inspection of offices Section 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.

Section Professional Code of Ethics Section Every physical planner registered under this Act shall be subject to the Professional Code of Ethics prescribed in Schedule 4 to this Act. A physical planner who contravenes the Professional Code of Ethics commits professional misconduct and shall be dealt with by the Disciplinary Committee as appropriate.

Section Protection from liability of members and staff of Board Section 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.

Section Registered physical planner to undergo continuing education Section A registered physical planner engaged in active public or private practice shall undertake minimum continuing education requirements as prescribed by the Board . The Board may, by notice in the Gazette , delegate the responsibility of arranging continuing education in subsection (1) to the Society .

Section Offences Section A person who— not being a registered physical planner — A person upon whom a summons has been served under this Act— fraudulently makes, causes or permits to be made, any false or incorrect entry in the register ; fraudulently procures or attempts to procure himself, herself or any other person to be registered under this Act; 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; falsely pretends to be a physical planner; 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 ; holds himself or herself out to be a professionally qualified physical planner, refuses or neglects, without sufficient cause, to attend at the inquiry; 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 ; ref...

Section Appeals from decisions of Board Section A person aggrieved by a decision of the Board — refusing to register his or her name; removing his or her name from the register ; refusing to restore his or her name on the register ; or suspending his or her practising certificate, The High Court may give directions as it deems fit and the decision of the High Court shall be final.

Section Regulations Section Without limiting the general effect of subsection (1) , the Minister may make regulations relating to— The Board may, by statutory instrument, make regulations prescribing— The Minister may, by statutory instrument, in consultation with the Board , make regulations generally for giving effect to the provisions of this Act. the conduct of the business of the Board and the procedure to be followed by the Board in any inquiry under this Act; 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; the duties of the Registrar ; the issuance of certificates of registration; 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 ; any forms to be used for the purposes of this Act; or anything required by this Act to be prescribed. the management of the property and funds of the Board ; the appointment of committees of the Board ; the disciplinary control of officers and employees of the Board ; the procedure to be followed by persons ap...

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

Section Transitional provision Section 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 .