Uganda Act or statute

Parliament of Uganda

Uganda National Roads Authority Act, 2006

Jurisdiction: Uganda
Structure: 41 provisions
Citation: Act 15 of 2006
Dates: As at 8 Jun 2006

More statute details

Dates: As at 8 Jun 2006

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“The Act comes into force on a date appointed by the Minister by statutory instrument.”

The Act comes into force on a date appointed by the Minister by statutory instrument. Sets out the purposes of the Act: establish the Uganda National Roads Authority; facilitate delivery of roads services; create an environment for efficient and effective management of the national roads network and related services; and promote continuous improvement of services provided by the Authority. The Authority must take into account and give effect to specified principles when achieving its purposes under section 2. Provides definitions of terms used in the Act, including Authority, Board, Chairperson, currency point, Executive Director, Minister, National Planning Authority, national road, national roads network, and road (which includes a bridge, a ferry and a ship). A person shall not be appointed to the Board if they meet any listed disqualifications (conviction for offences including dishonesty or fraud; undischarged bankruptcy or creditor arrangements; conviction with imprisonment of six months or more; membership of certain public offices).

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Preliminary - Commencement

The Act comes into force on a date appointed by the Minister by statutory instrument.

Section 1

Uganda National Roads Authority - Committees of Board

Section 16

Staff of the Authority - Other officers and staff of Authority

The Board may appoint other officers and staff on the advice of the Executive Director; appointed employees hold office on terms the Board determines; the Board shall regulate appointment, terms and discipline.

Section 21

Finances - Accounts

The Executive Director must prepare and submit annual statements of accounts to the Minister and the Minister responsible for finance (including specified account documents) and must keep proper books and records; submission must be wit…

Section 31

Transitional - Existing laws

Laws relating to national roads that existed immediately before this Act comes into force continue to have effect but may be modified as necessary to give effect to this Act.

Section 41

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Source record from ulii.org · As at 8 Jun 2006

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Showing 41 of 41 provisions

Provision 32Commencement 3Offence 3Interpretation 2

Part I

Preliminary

§ 1Preliminary - CommencementCommencement

The Act comes into force on a date appointed by the Minister by statutory instrument.

Section Commencement Section This Act shall come into force on a date to be appointed by the Minister by statutory instrument.

Section 1Verify source

§ 2Preliminary - Purpose of the ActProvision

Sets out the purposes of the Act: establish the Uganda National Roads Authority; facilitate delivery of roads services; create an environment for efficient and effective management of the national roads network and related services; and promote continuous improvement of services provided by the Authority.

Section Purpose of the Act Section The purpose of this Act is— to establish the Uganda National Roads Authority ; to facilitate the delivery of roads services; to create an environment that is conducive to the efficient and effective management of the national roads network and other services provided by the Authority ; and to promote the potential for the continuous improvement of the services provided by the Authority .

Section 2Verify source

§ 3Preliminary - PrinciplesProvision

The Authority must take into account and give effect to specified principles when achieving its purposes under section 2.

Section Principles Section The Authority shall, in achieving its purposes under section 2 , take into account and give effect to the following principles— the provision of its services in the most economic, efficient and effective manner; the management of its affairs in a businesslike and cost-effective manner and in accordance with modern management practices and techniques and in particular, apply to its operations the best standards of financial management and accounting; and ensure that its operations are designed for the provision of the best services to its customers, while maintaining a high degree of responsiveness to their needs.

Section 3Verify source

§ 4Preliminary - InterpretationInterpretation

Provides definitions of terms used in the Act, including Authority, Board, Chairperson, currency point, Executive Director, Minister, National Planning Authority, national road, national roads network, and road (which includes a bridge, a ferry and a ship).

Section Interpretation Section In this Act, unless the context otherwise requires— " Authority " means the Uganda National Roads Authority established by section 5 ; " Board " means the Board of Directors appointed under section 8 ; " Chairperson " means the Chairperson of the Board appointed under section 8 ; " currency point " means the value assigned to a currency point in the First Schedule; " Executive Director " means the Executive Director of the Authority appointed under section 18 , or a person authorised to act on his or her behalf; " Minister " means the Minister responsible for roads; " National Planning Authority " means the National Planning Authority provided for by the National Planning Authority Act 2002; " national road " means a road maintained by the Government; " national roads network " means the system of all roads maintained by the Government; " road " means any highway and any other road to which the public have access and includes— (a) a bridge over which a road passes; (b) a ferry, as defined in the Ferries Act and designated by the Minister for the purposes of this Act, by regulations made under section 37 (2)(k); (c) a ship, as defined in the Inland Water Transport (Control) Act, and designated by the Minister for the purposes of this Act, by regulations made under section 37 (2)(k).

Section 4Verify source

Part II

Uganda National Roads Authority

§ 10Uganda National Roads Authority - Disqualification for appointmentOffence

A person shall not be appointed to the Board if they meet any listed disqualifications (conviction for offences including dishonesty or fraud; undischarged bankruptcy or creditor arrangements; conviction with imprisonment of six months or more; membership of certain public offices).

Section Disqualification for appointment Section A person shall not be appointed to the Board who— has been convicted of an offence under this Act or of an offence involving dishonesty or fraud by a competent court in Uganda or elsewhere; is an undischarged bankrupt, or has made any assignment or arrangement with his or her creditors; has been convicted of an offence and sentenced to a term of imprisonment for six months or more by a competent court in Uganda or elsewhere; or is a Member of Parliament, a Minister , a member of a local government council, or is a member of a regional assembly or a regional government.

Section 10Verify source

§ 11Uganda National Roads Authority - Tenure of office of members of BoardOffence

Members hold office for three years (first appointees: some two-year terms); members may resign with at least one month's written notice; the Minister may remove a member on specified grounds and must notify and permit an explanation; a removed person is not entitled to benefits under section 13.

Section Tenure of office of members of Board Section The Minister may, at any time, remove a member of the Board only— A member of the Board shall hold office for three years and is eligible for reappointment for one more term, except that of the first members to be appointed to the Board , three shall be appointed to hold office for two years. A member of the Board may, at any time, resign his or her office by letter addressed to the Minister , giving notice of not less than one month. for inability to perform the functions of his or her office arising from infirmity of body or mind; for misbehaviour or misconduct; for incompetence; for absence without prior permission of the Chairperson , or without reasonable cause to the satisfaction of the Minister , for more than four consecutive meetings of the Board ; for bankruptcy or insolvency; for conviction of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine; or if information relating to the conduct of a member, which could have precluded his or her appointment if it had been made available to the Minister , is brought to the attention of the Minister . Where it appears to the Minister that there is cause to remove a member under subsection (3), the Minister shall notify the member concerned in writing and shall give the member an opportunity to submit his or her explanation to the Minister . A person removed under this section is not entitled to any benefits that may be payable to him or her under section 13 .

Section 11Verify source

§ 12Uganda National Roads Authority - Filling of vacancies of BoardProvision

When a member is removed under section 11, the Minister may appoint a qualified person under section 9 to replace them and that person holds office for the remainder of the previous member's term.

Section Filling of vacancies of Board Section Where a member is removed from office under section 11 , the Minister may appoint another person qualified in terms of section 9 to replace the member, and to hold office for the remainder of the term of the previous member.

Section 12Verify source

§ 13Uganda National Roads Authority - Remuneration of members of BoardProvision

The Chairperson and the members of the Board shall be paid remuneration as specified in their instruments of appointment.

Section Remuneration of members of Board Section The Chairperson and the members of the Board shall be paid such remuneration as may be specified in their instruments of appointment.

Section 13Verify source

§ 14Uganda National Roads Authority - Functions of BoardProvision

The Board shall perform a range of governance functions for the Authority, including setting objectives and supervising and overseeing operations, approving plans and financial statements, setting staff rules, guiding management, and performing functions necessary to implement the Act.

Section Functions of Board Section Without prejudice to the generality of subsection (1), the Board shall— determine the objectives and general performance of the Authority as set out in— The Board is responsible for the general direction and supervision of the Authority . oversee the operations of the Authority ; advise the Minister on road -related policy and strategic issues; review and approve business and operating plans, budgets, reports and audited financial statements of the Authority ; the business plan of the Authority ; the strategic plan of the Authority ; the annual plan of the Authority ; and the performance agreement; establish and approve rules and procedures for appointment, promotion, termination, discipline, and terms and conditions of service of the staff of the Authority ; provide guidance to the Executive Director and staff of the Authority ; review the management of the Authority ; and perform any other function conferred by this Act or which may be necessary for the proper implementation of this Act. The Board is, in the performance of its functions, responsible to the Minister .

Section 14Verify source

§ 15Uganda National Roads Authority - Meetings of Board and related mattersProvision

The Second Schedule applies to meetings of the Board and other matters provided for in that Schedule.

Section Meetings of Board and related matters Section The Second Schedule has effect in relation to meetings of the Board and other matters provided for in that Schedule.

Section 15Verify source

§ 16Uganda National Roads Authority - Committees of BoardProvision

The Board may appoint committees to inquire, advise, and exercise delegated powers; committees must consist of a Chairperson and other persons; committees may regulate their own procedure subject to Board directions; the Board may require committees to act jointly; members may be paid allowances determined by the Board with the written approval of the Minister.

Section Committees of Board Section The Board may appoint committees of the Board — to inquire into and advise the Board on any matter concerning the functions of the Authority as the Board may refer to the committee; to exercise such powers or perform such functions of the Authority as the Board may delegate or refer to the committee under section 17 . A committee appointed under subsection (1) shall consist of a Chairperson and other persons, whether members of the Board or not, as the Board may determine. The Board may require a committee appointed under this section to act jointly or in co-operation with any other committee. Members of a committee appointed under this section may be paid such allowances as the Board may, with the written approval of the Minister , determine. Subject to any direction given by the Board , a committee appointed under this section may regulate its own procedure.

Section 16Verify source

§ 17Uganda National Roads Authority - Delegation of functions of AuthorityProvision

The Board may delegate any powers, duties or functions to specified persons or committees; aggrieved persons may appeal, and persons exercising delegated powers must follow Board directions issued in writing.

Section Delegation of functions of Authority Section The Board may, by instrument of delegation, delegate to the Chairperson , a member of the Board , an officer of the Authority or to a committee established under section 16 , any of the powers, duties or functions of the Authority under this Act. The terms and conditions regulating the exercise of the powers delegated under this section shall be contained in the instrument of delegation. A person aggrieved by the decision of a delegate in the exercise of powers under this section may appeal to the Board . A person shall, in the exercise of a delegated power under this section, comply with directions or guidelines as the Board may, from time to time, issue in writing.

Section 17Verify source

§ 5Uganda National Roads Authority - Establishment of AuthorityProvision

Establishes the Uganda National Roads Authority and grants the Authority powers to acquire property, sue and be sued, and perform lawful corporate acts; the Authority shall be under the general supervision of the Minister.

Section Establishment of Authority Section The Authority is a body corporate with perpetual succession and a common seal and may, for the discharge of its functions under this Act— There is established the Uganda National Roads Authority . acquire, hold and dispose of moveable and immovable property; sue and be sued in its corporate name; and do all acts and things as a body corporate may lawfully do. The Authority shall be under the general supervision of the Minister .

Section 5Verify source

§ 6Uganda National Roads Authority - Functions of AuthorityProvision

Sets out the functions of the Authority, listing duties such as advising the Minister, managing and maintaining the national roads network, policy advice, coordination, collaboration, entering into agreements, planning and construction matters, establishing road reserves, exercising Ministerial powers where required, and consulting related agencies.

Section Functions of Authority Section The functions of the Authority are— to advise and assist the Minister , subject to such conditions as may be agreed upon, in regard to— to be responsible for the management of the national roads network ; to maintain and develop the national roads network ; to advise the Government on policy matters concerning roads generally, and to assist in the co-ordination and implementation of the policy relating to roads; to contribute to the addressing of transport concerns in overall national planning through co-ordination with the relevant ministries, departments and agencies of Government; to collaborate with international organisations, intergovernmental organisations and agencies of other states and the private sector on issues relating to the development and maintenance of roads; to enter into agreements or other arrangements with any person for the provision of roads services, subject to such charges as may be agreed upon; any matter relating to the planning, design, construction and maintenance of roads, whether the roads are part of the national roads network or not; the establishment and maintenance of road reserves in accordance with the Roads Act; and the exercise of any power or performance of any duty which the Minister may or is required to exercise or perform under this Act; and to perform any other function incidental or consequential to its functions under this Act or as may be conferred on it under this Act. The Authority shall, to the greatest extent possible, and consistent with this Act, consult and co-operate with departments, branches and agencies of the Government and with utility service providers having duties, aims or objectives related to those of the Authority .

Section 6Verify source

§ 7Uganda National Roads Authority - Powers of MinisterProvision

The Minister may direct policy and require the Authority to follow written directions and to undertake specified road projects; the Authority must comply and the Minister must publish and lay the directions before Parliament, subject to project funding.

Section Powers of Minister Section The Minister may give directions in writing to the Authority with respect to the policy to be observed and implemented by the Authority , and the Authority shall comply with those directions. The Minister may, after consultation with the Authority , direct the Authority , in writing, to undertake a road project or programme that is not part of the national roads network , and which the Minister considers necessary and in the national interest for improving accessibility to, or within, any area in Uganda. The Authority shall comply with a direction given to it by the Minister under subsection (2), subject to the funding of the road project or programme from moneys provided by Parliament or from any other source agreed upon by the Minister and the Authority . The Minister shall cause a copy of any directions given to the Authority under this section to be published in the Gazette and shall lay a copy of the directions before Parliament.

Section 7Verify source

§ 8Uganda National Roads Authority - Board of DirectorsProvision

The Authority must have a Board of Directors; the Board must have between five and seven members appointed by the Minister with Cabinet approval; specified categories of members must be included; and the Minister must appoint a Chairperson from among the members (excluding the Executive Director).

Section Board of Directors Section The members appointed under subsection (2) shall include— The Authority shall have a Board of Directors, which shall be the governing body of the Authority . The Board of Directors shall consist of not less than five and not more than seven members appointed by the Minister with the approval of Cabinet. the Executive Director of the Authority , ex officio ; a representative of the Ministry responsible for roads, not below the rank of Commissioner; a representative of the Ministry responsible for finance, not below the rank of Commissioner; a representative of the National Planning Authority ; a representative of engineers nominated by a professional body of engineers; and two representatives from the private sector. The Minister shall appoint one of the members of the Board , other than the Executive Director , to be the Chairperson of the Board .

Section 8Verify source

§ 9Uganda National Roads Authority - Qualifications of members of BoardProvision

Members of the Board must be persons of high moral character and proven integrity with relevant qualifications and experience; the Minister must ensure balanced representation when appointing members; members hold office on terms in their instruments of appointment.

Section Qualifications of members of Board Section The members of the Board shall be persons of high moral character and proven integrity who are qualified in, and have had experience and shown capacity in management, business administration, financial management and roads matters. The Minister shall, in appointing the members of the Board , ensure that there is adequate representation of customer interests and a balance of skills, gender and experience among the members of the Board . The members of the Board shall hold office on terms and conditions specified in their instruments of appointment.

Section 9Verify source

Part III

Staff of the Authority

§ 18Staff of the Authority - Executive DirectorProvision

The Board must have an Executive Director; the Minister appoints them on the Board's recommendation; the Executive Director must not take outside paid employment without the Minister's written approval and must be of high moral character with relevant qualifications.

Section Executive Director Section The Board shall have an Executive Director who shall be appointed by the Minister on the recommendation of the Board , on terms and conditions specified in his or her instrument of appointment. The Executive Director may not engage in paid employment outside the duties of his or her office, except with the written approval of the Minister . The Executive Director shall be a person of high moral character and proven integrity, with the relevant qualifications and experience relating to the functions of the Authority .

Section 18Verify source

§ 19Staff of the Authority - Functions of Executive DirectorProvision

The Executive Director is responsible, subject to the Act and Board supervision, for the Authority’s day-to-day operations, implementation of policies and programmes, management of funds and property, staff organisation and control, planning, cooperation with road-sector agencies, internal management structure, proposing and implementing plans, ensuring policy implementation and service standards, providing advice, performing duties assigned by the Board, and is answerable to the Board.

Section Functions of Executive Director Section Subject to this Act and to the general supervision and control of the Board , the Executive Director is responsible for— The Executive Director is responsible for the day-to-day operations and administration of the Authority . the implementation of the policies and programmes of the Authority and reporting on them to the Board ; the proper management of the funds and property of the Authority ; the organisation and control of the staff of the Authority ; the development of an operating plan to guide the Authority in achieving its objectives; co-operation with other lead agencies and organisations in the roads sector; the development of an economic, efficient and cost effective internal management structure; proposing and implementing the strategic plan, business plan and annual plan of the Authority ; ensuring that the policies of the Authority are implemented and that the agreed objectives, targets and service standards are met; providing advice as required on all matters within the Authority ’s responsibility; and performing any other duty necessary for the implementation of this Act as may be assigned to him or her by the Board . The Executive Director is, in the performance of his or her functions, answerable to the Board .

Section 19Verify source

§ 20Staff of the Authority - Tenure of office of Executive DirectorOffence

The Executive Director holds office for five years and is eligible for re-appointment for one more term; the Executive Director shall cease to hold office on specified grounds.

Section Tenure of office of Executive Director Section The Executive Director shall cease to hold office if— he or she is removed from office by the Board for— The Executive Director shall hold office for five years and is eligible for re-appointment for one more term. he or she resigns; he or she is declared or becomes bankrupt or insolvent or has made an arrangement with his or her creditors; he or she is convicted of a criminal offence, in Uganda or elsewhere, in respect of which the maximum penalty exceeds six months imprisonment without the option of a fine; inability to perform the functions of his or her office arising from infirmity of body or mind; misbehaviour or misconduct; or incompetence.

Section 20Verify source

§ 21Staff of the Authority - Other officers and staff of AuthorityProvision

Section Other officers and staff of Authority Section The Board may, on the advice of the Executive Director , appoint other officers and staff of the Authority as may be necessary for the proper and efficient performance of the functions of the Authority . The employees appointed under this section shall hold office on such terms and conditions as may be determined by the Board and specified in their instruments of appointment. The Board shall regulate the manner of appointment, terms and conditions of service and the discipline of the staff appointed under this section.

Section 21Verify source

§ 22Staff of the Authority - ConsultantsProvision

The Board may engage consultants to act as expert advisers or as committee members to assist it in discharging its responsibilities.

Section Consultants Section The Board may engage consultants to serve as individual expert advisers or as members of a committee of the Board established under section 16 , as may be useful and appropriate for the Board to discharge its responsibilities.

Section 22Verify source

§ 23Staff of the Authority - Protection of members and employees from personal liabilityProvision

Members of the Board, employees of the Authority, and persons acting on their directions are not personally liable for acts or omissions done in good faith while exercising the Authority's functions.

Section Protection of members and employees from personal liability Section A member of the Board or an employee of the Authority or a person acting on the directions of such a person is not personally liable for any act or omission done or omitted to be done in good faith in the exercise of the functions of the Authority .

Section 23Verify source

Part IV

Finances

§ 24Finances - Funds of AuthorityProvision

The Authority's funds consist of: money appropriated by Parliament; grants, gifts or donations from the Government or other sources approved by the Minister and the Minister responsible for finance; revenue earned from the Authority's activities under this Act; and any other funds received in performing its functions under this Act.

Section Funds of Authority Section The funds of the Authority shall consist of— money appropriated by Parliament for the purposes of the Authority ; grants, gifts or donations from the Government or other sources made with the approval of the Minister and the Minister responsible for finance; revenue earned from activities of the Authority under this Act; and any other funds received by the Authority in the performance of its functions under this Act.

Section 24Verify source

§ 25Finances - Duty to operate on sound financial principlesProvision

The Authority must follow sound financial principles and run its business so revenue covers charges, provide for asset depreciation, and make provisions to offset losses or bad debts.

Section Duty to operate on sound financial principles Section In the performance of its functions under this Act, the Authority shall have due regard to sound financial principles and shall conduct its business in a manner, that taking one transaction with another, and taking one year with another— its revenue is sufficient for meeting all charges, including interest on capital and loans properly chargeable to revenue; sufficient provision is made to provide for depreciation of assets; and where any loss or bad debt arises in respect of any transaction, provision is made in respect of other transactions, whether of a similar nature or otherwise, to offset the amount of that loss or debt.

Section 25Verify source

§ 26Finances - Power to open and operate bank accountsProvision

The Board must open and maintain bank accounts needed for the Authority; the Executive Director must bank receipts promptly and must ensure no withdrawals are made without Board authority.

Section Power to open and operate bank accounts Section The Board shall open and maintain such bank accounts as are necessary for the performance of the functions of the Authority . The Executive Director shall ensure that all money received by or on behalf of the Authority is banked as soon as practicable after being received. The Executive Director shall ensure that no money is withdrawn from or paid out of any of the Authority ’s bank accounts without the authority of the Board .

Section 26Verify source

§ 27Finances - Borrowing powersProvision

The Board may borrow money with the approval of the Minister (given in consultation with the Minister responsible for finance). The Authority may, with the prior approval of the Minister for borrowings under subsection (1), charge any of its assets or property to secure repayment of money borrowed.

Section Borrowing powers Section The Board may, with the approval of the Minister given in consultation with the Minister responsible for finance, borrow money from any source as may be required for meeting its obligations or for the discharge of the functions of the Authority under this Act. The Authority may, with the prior approval of the Minister for the purpose of any borrowing under subsection (1), charge any asset or property of the Authority with the repayment of any money so borrowed.

Section 27Verify source

§ 28Finances - Investment of surplus fundsProvision

Funds of the Authority that are not immediately required may be invested; the Board may determine the manner of investment with the Minister's approval after consulting the Minister responsible for finance.

Section Investment of surplus funds Section Any funds of the Authority not immediately required for any purpose under this Act may be invested in a manner, which the Board may, with the approval of the Minister , after consultation with the Minister responsible for finance, determine.

Section 28Verify source

§ 29Finances - EstimatesProvision

The Executive Director must prepare and submit annual income and expenditure estimates to the Board within three months before each financial year ends; the Board must submit the approved estimates to the Minister within two months of receipt for approval.

Section Estimates Section The Executive Director shall, within three months before the end of each financial year, cause to be prepared and submitted to the Board for its approval, estimates of the income and expenditure of the Authority for the next financial year. The Board shall, within two months of receipt of the estimates referred to in subsection (1), cause to be submitted to the Minister for his or her approval, the estimates of income and expenditure as approved by the Board .

Section 29Verify source

§ 30Finances - Financial year of AuthorityProvision

The financial year of the Authority runs from 1 July to 30 June (a 12-month period).

Section Financial year of Authority Section The financial year of the Authority 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 30Verify source

§ 31Finances - AccountsProvision

Section Accounts Section Subject to any direction given by the Minister , the Executive Director shall cause to be prepared and submitted to the Minister and the Minister responsible for finance in respect of each financial year, and not later than three months after the end of the financial year, a statement of accounts, which shall include— The Executive Director shall cause to be kept, proper books of accounts and records of the transactions of the Authority . a balance sheet, an income and expenditure account and a source and application of funds statement; and any other information in respect of the financial affairs of the Authority as the Minister responsible for finance may, in writing, require.

Section 31Verify source

§ 32Finances - AuditProvision

The Auditor General (or an appointed auditor) must audit the Authority's accounts each financial year; the Board must ensure the annual statement of accounts is submitted for audit within four months after year end; the Auditor General and appointed auditors are entitled to access records and information.

Section Audit Section The Auditor General or an auditor appointed by the Auditor General shall, in each financial year, audit the accounts of the Authority . The Board shall ensure that within four months after the end of each financial year, a statement of accounts described in section 31 (2) is submitted for auditing to the Auditor-General or an auditor appointed by the Auditor General. The Auditor General and any auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other records of the Authority and is entitled to any information and explanation required in relation to those records.

Section 32Verify source

Part V

Miscellaneous

§ 33Miscellaneous - Performance agreementsProvision

Performance agreements must set key outputs and targets for the Authority; the Minister may request an independent report on implementation.

Section Performance agreements Section A performance agreement shall be made between the Minister and the Authority concerning the management, by the Authority , of the national roads network and shall include all the activities that are necessary to develop and maintain the national roads in a satisfactory state. The performance agreement shall describe the key outputs that the Authority shall achieve during any financial year, and the key outputs shall be defined in terms of performance indicators and targets. The Minister may request for an independent report on the implementation of the performance agreement.

Section 33Verify source

§ 34Miscellaneous - Annual and other reportsProvision

The Board and the Authority must prepare and submit annual reports and audited financial statements to the Minister within specified timeframes; the Minister must table the report before Parliament within six months of receipt.

Section Annual and other reports Section The report referred to in subsection (1) shall include— particulars of activities, projects and programmes relating to— The Board shall, not later than six months after the end of each financial year, make and submit to the Minister a report on the activities of the Authority during that financial year. advice furnished or assistance rendered in terms of any agreement contemplated in section 6 ; and the management of the national roads network ; the extent to which any direction given by the Minister during that financial year has been carried out; and an assessment by the Authority of its achievements in relation to the performance agreement. The Authority shall submit to the Minister , together with the report referred to in subsection (1), the audited financial statements of the Authority , and the auditor’s report on those statements. The Board shall also submit to the Minister , such other reports on its activities or on any other matter as the Minister may, from time to time, require. The Minister shall, not later than six months after receipt of the report submitted to him or her under subsection (1), table the report before Parliament.

Section 34Verify source

§ 35Miscellaneous - Official seal of AuthorityProvision

The Board must determine the Authority's official seal. The Executive Director, a Board member, or a person authorised by Board resolution may execute instruments for the Authority that would not otherwise require a seal; when the seal is affixed documents must be signed by the Executive Director and one other Board member, and if the Executive Director is absent the person performing their functions must sign.

Section Official seal of Authority Section An instrument or contract which, if executed or entered into by a person other than a body corporate would not require to be under seal may be executed or entered into on behalf of the Authority by— The official seal of the Authority shall be in a form determined by the Board . The official seal shall, when affixed to any document, be authenticated by the signatures of the Executive Director and one other member of the Board and in the absence of the Executive Director , the person performing the functions of the Executive Director shall sign. the Executive Director ; or any member of the Board or any other person if that member of the Board or other person has been duly authorised by resolution of the Board to execute or enter into the instrument or contract as the case may be. Every document purporting to be an instrument or contract executed or issued by or on behalf of the Authority in accordance with this section shall be deemed to be so executed or issued until the contrary is proved.

Section 35Verify source

§ 36Miscellaneous - Service of documentsProvision

Notices or documents may be served on the Authority either by delivering them at the office of the Executive Director or by sending them by pre-paid registered post to the Executive Director.

Section Service of documents Section Any notice or document may be served on the Authority by delivering it at the office of the Executive Director , or by sending it by pre-paid registered post to the Executive Director .

Section 36Verify source

§ 37Miscellaneous - RegulationsInterpretation

The Minister may, on the Board's recommendation, make regulations by statutory instrument to carry this Act into effect; those regulations may provide for many road-related matters and may prescribe penalties (fines or imprisonment) for contraventions.

Section Regulations Section Notwithstanding the generality of subsection (1), regulations made under this section may provide for— The Minister may, on the recommendation of the Board , by statutory instrument, make regulations generally for the better carrying into effect of the provisions of this Act. the use, safety or maintenance of national roads; the erection of structures on or near, over, or under national roads; the fees to be charged under this Act; the drainage of streets, land, compounds and new buildings adjacent to national roads and deterrence of encroachment; the details to be included in the annual road programme; the removal, demolition or alteration of any projection or structure obstructing a national road or likely to cause danger or inconvenience to users of a national road or related facility; the towing or removal of any vehicle obstructing a national road ; the employment and terms and conditions of service of staff of the Authority ; the financial management and control of the affairs of the authority; the transfer, to the Authority , of assets in accordance with section 39 ; the designation of ferries and ships for the purposes of this Act; the activities of other service agencies which impact on roads and road reserves. Notwithstanding the Interpretation Act, regulations made under this section may prescribe, in respect of a contravention of the regulations, a penalty of a fine not exceeding two hundred currency points or imprisonment not exceeding twenty-four months or both, and in the case of a continuing offence, an additional fine not exceeding five currency points in respect of each day on which the offence continues.

Section 37Verify source

§ 38Miscellaneous - Amendment of SchedulesAmendment

The Minister may amend the First Schedule by statutory instrument with Cabinet approval, and may amend the Second Schedule by statutory instrument.

Section Amendment of Schedules Section The Minister may, by statutory instrument, with the approval of Cabinet, amend the First Schedule. The Minister may, by statutory instrument, amend the Second Schedule.

Section 38Verify source

Part VI

Transitional

§ 39Transitional - Transfer of assets and liabilitiesCommencement

The Minister may make regulations by statutory instrument to transfer government assets to the Authority; upon commencement the Authority shall have the rights and liabilities attached to those assets.

Section Transfer of assets and liabilities Section The Minister may, by statutory instrument, make regulations for the transfer to the Authority of the ownership or possession of assets belonging to the Government which, by virtue of this Act and in his or her opinion, are necessary for the performance of the functions of the Authority . Upon the commencement of a statutory instrument made under subsection (1) and without further assurance, the Authority shall, in respect of the assets transferred to it by the statutory instrument, have all the rights and be subject to all the liabilities attaching to those assets.

Section 39Verify source

§ 40Transitional - EmployeesCommencement

The Authority must, immediately after operations begin, openly advertise vacancies to recruit its staff; the Minister may appoint persons to serve up to one year before commencement.

Section Employees Section The Authority shall, immediately after the effective date of the operations, openly advertise vacancies for the purposes of recruitment of staff of the Authority in accordance with Part III of this Act. The Minister may, within the period immediately before the commencement of the operations of the Authority , appoint any person to render services to the Authority for a period not exceeding one year.

Section 40Verify source

§ 41Transitional - Existing lawsProvision

Laws relating to national roads that existed immediately before this Act comes into force continue to have effect but may be modified as necessary to give effect to this Act.

Section Existing laws Section Any law in existence immediately before the coming into force of this Act relating to national roads shall have effect subject to such modifications as may be necessary to give effect to this Act.

Section 41Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

Act Sets out the purposes of the Act
Section 2
Authority in accordance with Part III of this Act
Section 40
Authority not immediately required for any purpose under this Act
Section 28
Authority under this Act
Sections 17, 24, 27
Executive Director Section Subject to this Act
Section 19

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1 version available in this collection

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8 Jun 2006 · currentEnglish

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