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Accreditation Services Act 2021

The Accreditation Services Act establishes the Uganda National Accreditation Service to oversee accreditation services and calibration in Uganda. It aims to provide internationally recognized accreditation that supports Uganda's economy and trade. The Act establishes rules for accrediting conformity assessment bodies and calibration bodies, maintaining registers, and handling appeals.

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herbert muhumuza
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0% found this document useful (0 votes)
17 views36 pages

Accreditation Services Act 2021

The Accreditation Services Act establishes the Uganda National Accreditation Service to oversee accreditation services and calibration in Uganda. It aims to provide internationally recognized accreditation that supports Uganda's economy and trade. The Act establishes rules for accrediting conformity assessment bodies and calibration bodies, maintaining registers, and handling appeals.

Uploaded by

herbert muhumuza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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TEE REPUBIJC OF UGAND^

THE ACCREDITATION SERVICES ACT, 2021.

'4 l ,lAM ENT Lt


rii?A,tY

L4 t4AY 20it
/.( ( tiJ:
]AL L N()
I

TH-E R]EPUBLIC OF UGAHI'A

assent to the bili


I stc;ltrv mY

President

Dale qf' assenl , Lt" + A,Dtl .


PARLIAIT1EN'I' LICNATT Y
P0 Bi,r /lid.

* 04}'{AY 20i1
acc NO:_............
cALL NO;...... -.....

THE ACCREDIIAIION SERVICES ACT. 2021.

ARRANGEMENT OF SI]C-I'I0NS

Seclion
Pnnr l-Pnrr rurr'ranv
l. Puryose ofAcl
2. Intelpretation
Perr ll Ucnro.q Nxtttr,rrt Accttt,utr,tltox Scnvtcr
3. tstablishment of Uganda National Accreditation Service
4. Functions ofUganda National Accreditation Sen'ice

Prnr lll Bo,rno or Uc,rrn,,, Nqr-rriNrt


Acc xt,trtl,rnott SInt,tcl

5 Board of Uganda National Accreditation Scn,ice


6 Disqualification from appointment to Board
l Tenure of ollce of members of Board
8 Filling of vacanc ies on Board
9 Re:nuneration of members of Board
t0 l-unctions of Board
ll Meetings of Board
12 Committees ol Board

PARr lV-S raFI or I JceNna N.nrroN,rr Accrror rxrro:r Srnvrct

13 Secrctariat of Uganda National Accreditation Scn'ice


l4 Executive Director
l5 Funclions of Executi\ e Director
l6 Other officers and staff of secretariat
t7 Assessors
P.qnr V-Frlrrc rrr Provrsro:.rs
t8. Funds and sources of revenue of'Uganda National Accreditation
Sen'ice
19. Dury to operate on sound financial principlcs
20. Po$,er to open and operate bank accour.rts
2l . Borrowing powers
22. Estimates
23. Financial year of Uganda National n ccrcditation Sen ice
Act Accreditation Services Acl 2021

24 Accounts and audit


25 I nvestment of funds

P^Rr Vl-AccRLDrr^TroN
26. Application for accreditation
21. Renerval of accreditation
28. I)owers to establish technical committees
29. Revocation of accreditation
30. Accredited person or conformit_v assessmenl body to comply with
requirements of accreditation
31. Applications by persons or conformitv assessment bodics resident
in l.lganda to foreign accreditation bodies
32. Register ofaccredited persons or conformity assessment bodies
31_ Appcals Committee
Plnr VII -Orrpxcrs
34 Giving false infbrmation
35 [Jse ofaccreditation for uncertified purposes

P,qar VI I I-MrscuLLAN[ous

:16 l)rotection lrom liabiliry- of members and officcrs of the Uganda


\ational Accreditation Service
37. Duty not to disclosc information
38. I{egulations
39. Amendment of Schedules

SCHEDULES
SCHI:Dt ILE I Cunencl Point
SCHIIDLJLE 2 Meetings of the Board and related matters
SCHEDt.lt-E 3- Proceedings before the Technical Cor.nmitlee
SCHEDLII -ll 4-Proceedings before the Appeals Committee

PARLIAMtrNT I,IERARY
PO barl
/171r'
^

* 04 },lAY 2011 I
ACa- Nc:
CA LL NO
Act ,4 c c re d i t at io n Scn'lt'c's,4r1 2021

T'AR LIAfiI EN'T LI tsRAR\'


nr r /r.)r
^-Mr..L,\

04 MAY 20i1 *
rtC I'rtr:
CAI I N')
Tf,E REPT,r8TJC OT UGANT'A

THE ACCREDITATION SERVICES ACT, 2O2I

An Act to provide for an internationally recognised and effective


accreditation sen'ice in flganda; to provide for the Uganda
National Accreditation Sen'ice; to provide for accreditation of
conformity' assessment and calibration; and for related matters,

D.rn or Assclr':

Ddle il'L'omnP nccment

BE IT ENACTED b1- Parliamcnt as follou's

Parr I-Parr nrrlrnv

1. Purpose ofAct
The purpose of this Act is-
(a) to establish the LJganda National Accrcditation Servrce
which shall be responsible for accreditation sen'ices and
calibration:

(b) to provide lor an internationalll' rccogniscd national


accreditation service as a crucial element o1' a well-
lunctioning technical infrastructure that is aligned with
intemational best practice;
Act Accredittttion Services Act 2021

(c) to provide a supportive legal environment for accreditation


serv ices and calihrationl

(d) to promote the competencc and equivalencc of accredited


persons or conformity assessment body;

(e) to ensure that the national accreditation service supports


the needs of lJganda's enterprises competing in the global
economv: and

(0 to promote accreditalion as a means of facilitating


international tradc, enhancing economic performance and
transformation and support public policy objectives in tcrms
ofhealth and safcty matters.

2. Interpretation
In this Act. unless the context otherwise requires-

"aocreditation" mcans third party altestation related to conformity


assessment and calibration conveying formal demonstration
of compctence to carry out tasks against specified critcria
specified in this Act;
"accredilation certificate" means a document or a set of
documcnts that confirm accrcditation to have been granted
to the conformity assessment body or person named in
the documents and states the conditions undcr which the
accreditation has been granted and thc scope ofaccreditation;

"accrcdited body or person" mcans-

(a) a body or person accredited by the Uganda National


Accreditation Senice in accordance $,ith this Acti or

(b) a body or pcrson not resident in lJganda and obtains


approval from the iJganda National Accreditation
Service to operate in Uganda and is a member of
Act Accredit al ion Services Acl 2021

the recognition arrangements of the International


Laboratory Accreditation Co-opcration (ILAC) or the
Intemational Accreditation Forum (lAF);

"accrcditation logo" means a logo used by an accredited person


lor purposes of identification ol the accrcditcd pcrson or
conformity asscssment body:

"accrcditation symbol" mcans a s1'mbol issued by the Uganda


National Accreditation Sen,ice to an accredited person or
conformity asscssment body to bc uscd by the accredited
person or conlormity assessmenl body to indicate that the
person or conlormity asscssmcnt body has been accredited
in accordance u'ith this Act:

"assessment" means the process undertaken b1' the Uganda


National Accrcditation Scrvicc to cr,aluatc the compctcncc
of a conformity assessment body based on a particular
standard:

"calibration body" mcans a body that pcrforms a sct ofoperations


that establish. under specified conditions, the relationship
betu'ccn valucs of quantitics indicatcd by a measuring
inslrument or measuring system, or values represented by a
matcrial mcasure or rcfcrcncc matcrial. and corresponding
values realised by standards:

"certification body" means a body that certilies other bodies lbr


compliancc to spccifications or standards spccificd in this
Act and includes specifioations and slandards relating to
managcmcnt systems, schcmcs or products;

"conformity asscssmcnt" mcans dcmonstration that spccificd


requirements or charactcristics relating to a product, proccss,
service, system, person or conformity assessment body have
bccn fulfillcd:
PA II LI A M Ii N'I' LIEITAI{Y
lr. ) lii/l /l;lr '\

* 04 }.{AY 20ll
A(lL N()
CAI L NI ). ...
Act Accreditation Services Act 2021

"conformity asscssment body" mcans an organisation or a lacilitl'


that canies out conlormity assessment scrviccs, including bul
not limitcd to testing, calibration, inspection, certification ol
management systems, cerlifioation of persons, certifi cation
ol products or proccsscs or rcgistration:

"currency point" has thc value assigned to it in Schedule I ;

''inspection body" means a body that cxamincs product designs"


product sen'ices. processes or plants and determines their
conformitv to requircments spccified in this Act:

''laboratory" means any specialiscd confincd cnvironmenl used


ior the performanoe of scientific work and includes medical.
testing. calibration and r,'erifi cation laboratorics:

''Minister" means the Ministcr responsiblc for trade;

"verification laboratory" means a body cstablishcd b1" lau' to


verifl measuring equipment or instruments in order to
establish that the equipment or instrumcnts compll, with
all legal requirements pe(aining to such equipment or
instruments.

Prnr II-Ucrr:o.q N.qrrolp,r. Accnnorrarrox Sr,nvrc r.

3. Establishment of Uganda National Accreditation Service


(l) There is established the Uganda National Accreditation
Serv'ice.

(2) The Uganda National Accreditation Service shall be a body


corporate with perpetual succcssion and an official scal and may. for
the discharge of its functions under this Act-

(a) acquire, hold and dispose of moveable and immovable


propert) ;
Act Accreditation Services Act 2021

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

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

4, Functions ofUganda National Accreditation Service


(1) The funclions of the lJganda National Accreditation Service
are-
(a) to carry out accrcditation including accreditation of--

(i) calibrationbodies;

(ii) tesling bodiesl

(iii) r'erification laboratories:

(iv) certificationbodies;

(v) inspection bodics;

(vi) laboratorics:

(vii) environmcntal health bodies:

(viii) seed testing bodies:

(ix) management system certification bodies;

(x) personnel certilication bodiesl and

(xi) any other body that thc Ministcr may. by statutory


instrument. designate;

(b) to promote accreditation in Uganda:

(c) to asscss conformity assessment bodies lbr competencc and


compliance with the provision of this Act;
Act A cc red itatit sn Se rvic e s A t' I 2021

(d) to compel an accredited body or person to take appropriate


action related to their conformity asscssments;

(e) to establish and maintain a register for all aocredited bodies


and persons;

(f) to design and issue accreditation ccrtificates to accredited


bodies and persons:

(g) to act as a national arbitrator in case ofcontradicting results:

(h) to accredit conformity assessment bodies and pcrsons;

(i) to encourage and promote the accreditation of ccrtification


bodies, inspection bodies. and any other bodies designated
by the Minister by rcgulations:

0) to promotc its activities among accredited persons and


conformity assessment bodies in Uganda and outside
Uganda:

(k) to promote thc use ol accredited persons and conformitl


assessment bodies to facilitate tradel

(l) to promote and protect regional and intemational


arrangement logos including the logos of the Inlemational
Laboratory Aocreditation Cooperation and the Intemational
Accredi1ation l-'orum;

(m) to initiate, ncgotiate" conclude and maintain mutual


reeognition arrangemenls:

(n) to advisc national, regional and international organisations


on the conditions for accreditation and on other issucs
related to accreditation:

(o) to formulate and implemenl national guidelines and


standards to facilitate the accreditalion process;

PARLIAMENT LI}]RARf

0lt MAY 20 t

AC(- NO:-
CALL NO:
Act Accredilalion Services Act 2021

(p) to protcct thc usc of and promote the recognition of the


Uganda National Accreditation Service's logo nationally
and intcrnationally:

(q) to promote the recognition o1' accrcdited pcrsons and


conformity assessment bodies by users ol' conlormity
assessmenl systems; and

(r) to advise the Minister on accreditation matters.

(2) The Uganda National Accreditation Senice shall. in the


perlormancc of its functions

(a) comply with intemational accreditation standards and


criteria:

(b) co-operate vr,ith any cstablishcd body undcr thc liast Afncan
Cornmuniry- Treatl and laws to promote and regulate
accreditation in the East Alrican Communitv:

(c) liaise with other national regulators in rcspcct ofanv matter


related to accreditation:

(d) obtain and rnaintain membership of national and


intemational organisations that may assist thc Uganda
National Accreditation Service to achieve its objects and 10
activcly participatc in such organisations;

(e) participatc in formulating intcrnational and regional


guidelines and standards to lacilitate the accreditation
process in Uganda; and

(l) investigale methods ol' Iacilitating trade through


accreditation.
PAITLIAMENT LIERAR
t,t) t!,ttA /1it1,
^AMi-A!'\

0 4 }.lAY 2011
,iaa- r!1 r:

cA LL &il
Act A ccre ditat ion Se rvic e s,4ct 2027

Penr III-Bo.ruu rlr [JcaNnn Na,rroNar AccRsorra.rLolr SEnvrcl

5. Board of Uganda National Accreditation Scn'ice


( I ) The ljganda National Accreditation Serr,ice shall be gor,erned
by a Board.

(2) The Board shall consist of the lbllowing members

(a) the Permanent Secrelary o1'the Ministry responsible for


trade or his or her representatire:

(b) the Pemranent Secretary of the Ministry responsible for


health or his or her representative;

(c) the Permancnt Secretary ol'the Ministry rcsponsible for


agriculture or his or hcr rcpresentative:

(d) a represenLative ofconformity assessment bodies in Uganda:


(e) a representative ofthc academia; and
(0 a rcprcscntative ol'consumer organisations.

(3) The Executive Director shall be the secretary to the Board.

(4) The mcmbcrs of the Board shall be appointcd by the Minister,


in consultaLion with the Public Scrvice Commission. and with the
approval of Cabinct.

15) The Ministcr shall ensure


(a) that a member ofthe Board is a person ofhigh moral character
and proven integrity with knowledgc and experience
in accreditation, standardisation or technical regulatory
matters. business management, flnance, marketing: and

(b) therc is a balance ofskills and gender on the Board.


Act Accreditation Sert,ice.s Act 2021

(6) The Minister shall appoint one of the members of the Board
to be the chairperson of the Board.

6. Disqualification from appointment to Board


A person shall not bc appoinled to the Board who-
(a) has been convicted of an offence under this Act or of an
offence involving dishoncsty or liaud by a competent court
in or outside Uganda;

(b) has been convicled of an olTence and sentenced to


imprisonment for six months or more, wilhout the option of
a fine. by a competent court in or outside Uganda:

(c) is an undischarged bankrupt, or has made any assignment or


arrangemcnt with his or hcr creditors:

(d) is a Member of Parliament. a Minister or a membcr of a


local government council: or

(e) is a public oIflcer excepl lhose stated undcr section 5(2)(a).


(b). (c) and (d).

7. Tenure ofoffice of members ofBoard


( 1) A member of the Board. other than a member referred to under
section 5 (2) (a), (b). (c) and (d), shall hold ollice for thrce years and is
cligible for re-appointment for onc lurther term.

(2) A membcr of the Board may" at any time. resign his or her
office by lctter addressed to the Ministcr. giving notice of not less thalr
one month.

(3) The Minister may, at any time. removc a member of thc


Board

(a) lbr inability to perform the functions of his or her olEcc


arising liorn infirmity of body or mind;
PARI,IAM IiN'T' I,ICN-4 {T f
!r/) rj, r /1rr ^)r!/,P!r!

04 MAY 20i I

,,CC rqu l

CALL NC

Act Accreditation Se rv ice s Act 2027

(b) for misbehavior or misconduct:

(c) for incompetence;


(d) lor absence, without prior permission of the chairperson, or
without reasonablc cause to the satislaclion ol the Minister
lor more than four consecutive meetings of the Board, or
absence from Uganda for more than tu,'elve months;

(e) for bankruptcy or insolvencv;


(0 lor being convicted of a criminal offence, in lJganda or
outside Uganda. in respect of which the maximum penaltl'
exceeds six months imprisonment wilhoul the option ol a
finc: or
(g) where information rclating to the conduct ol a member.
is brought 1o the attention of the Minister, u'hich could
have precluded his or hcr appointment if it had been made
available to the Minister.

(4) A member representing an institution or body may bc


withdrawn from the Board by thal institution or body in accordance
with the laws and regulations that govem the institution or body'.

8. Filling ofvacancies on Board


(1) The chairperson of thc Board shall notily the Minister of a
vacancy that occurs in the membership of the Board within one month
after the vacancy occurs.

(2) The Minister shall. in accordance with the provisions on


appointment olmembers ofthe Board, appoint anothcr person to hold
office for the unexpired duration of thc member's term ofoffice.

(3) Where the vacancy referrcd 1o in subsection (l) is of the


chairperson of the Board, thc sccretary of the Board shall notift the
Minister of the vacancy and the Ministcr shall appoint another person
Act Accreditotion Sen'ices Acl 2021

to be the chairperson for thc uncxpircd duration of the chairperson's


temr ol olfice.

9. Remuneration of members of Board


A member of the Board shall be paid such allowances as the Minister
shall, in consultation \.\,ith the Public Service Commission and Cabinet.
determine.

10. Functions of Board


(l) The Board shall be responsible for ensuring efficiency'.
effectiveness. transparenc)' and propricty in-
(a) the utilisation of public funds:

(b) the conduct of its business: and

(c) the operations and activities ol the Uganda National


Accreditation Scrvicc.

(2) Withoul prejudice to the general efl'ecl of subsection (1), the


Board shall-

(a) oversee thc opcrations ofthc [Jganda National Accreditation


Sen ice:

(b) advise the Minister on accreditation related policy and


strategic issues:

(c) review and approve business and operating plans, budgets,


rcports and auditcd financial statements of the Uganda
National Accreditation Service:

(d) determine the obiectives and gcncral pcrformance of the


Uganda National Accrcditation Service as set out in the
business plan, strategic plan and annual plan ofthe Uganda
National Accrcditation Scrvicc:

I'AITLIAMEN'I'LIENA
1'( ) 1r1,,( /J;b ^A'Oi-ALA

O4 }'{AY 20i1 *
i\ii r- N(.). --.
C ALL N():.. -
Act Accreditation Service s Act 2021

(e) establish and approve rules and procedures for the


appointment. promotion. termination. discipline:

(l) approve terms and conditions ol service ol the stall'ol'the


[.Jganda Nalional Accreditation Sen'ice; and

(g) provide policy guidance to the Executive Director and staff


of the Uganda National Accrcditation Service.

(3) In the performance of its functions. the Board is aocountable


to the Minister.

(4) 'fhe Minister may. in writing. give policy dircctions to the


Board regarding the performancc of its functions.

11. Mcctings of Board


) The Board shall meet at least once cvcry three months lor the
(I
purposes oIdischarging its functions.

(2) The meetings ofthe Board shall be conducted in accordance


r.r,ith Schedule 2.

12.Committees of Board
(l) The Board may, in the perlormance of its functions. appoint
committccs ol the Board-
(a) to inquire into and advise the Board on any matter conccrning
the lunctions of the Uganda National Accreditation Sen ice
as the Board ma1' refer to the committee; or

(b) to exercise such powers or perform such functions of the


Uganda National Accreditation Senice as the Board may
delegate or reler 1o the commincc.

(2) A committee appointed under subsection (1) shalt consist ofa


chairperson and other persons, whcthcr members of the Board or not,
as the Board may determine.
Act Accreditat ion Service s Acl 2021

(3) Members of a committee appointed under this section may be


paid such allou'ances as the Board may, u'ith the \\Titten approval of
the Minister. determinc.

(4) Subject to any direction given by the Board, a committee


appointed under this section may rcgulate its own procedure.

Panr lV Smrr or Ucnxoa N,rr roNer. Accnrlrrarron Slrrvrcr

13. Secretariat of Uganda National Accreditation Service


(1) The Uganda National Accreditation Service shall have a
secrctariat which shall be responsible lor the day to day operations
ol'the Uganda National Accreditation Servicc and implementing the
dccisions of the Board.

(2) The secretariat shall be headed by an Executivc Direclor.

14. Executive Director


(l) Thc Execulive Director shall be appointed by the Ministcr, on
thc recommendation of thc Board, and in consultation with the Public
Ser"'ice Commission.

(2) A pcrson shall not be appointed Executive Director unlcss


that person has qualifications and experience in accreditation.
standardisation, technical regulatory matters. business managemcnt or
marketing.

(3) The Executive Director shall hold office for fivc years and is
eligible for re-appointment for one further term.

(4) The Executive Director shall cease to hold office u,hcre-


(a) he or she resigns;

(b) he or she is dcclared or becomes bankrupt or insolvent or


has made an arrangement with his or her creditors;
PARLI ANl I'N'T LI EI1ARY
P1) fr\,^ 11-,h nA'li-AL4

* 0lr lt{AY 2011 *


AC(l N( r:
CALL NO
Act Accreditat ion Serv it e s AcI 2021

(c) he or she is convicted of a criminal offence, in Uganda or


elsewhere, in respect ofwhich the maximum penally exceeds
six months imprisonment without the option of a finc.

(5) l'he Executive Director may be removed from officc b-v the
Minister on the rccommendation of the Board flor-

(a) inability to perform thc functions ol'his or her ollice arising


lrom inflrmit"v of body or mind:

1b1 nrisbeharior or misconducl: or

(c) incompetence.

15. Functions of Executive Director


(l ) Sub.lcct to this Act and to the general supervision and control
ofthe Board, the Executive Director is responsible for--

(a) the implementation of thc policies and programmes of the


Board and reporting on them 10 the Board;

(b) cnsuring that the agreed purposes, targets and scn'1ce


standards are meL

(c) the proper managemcnt of the funds and property ol the


[Jganda National Accreditation Sen ice;

(d) the organisation. supcn,ision and control of the sta1l of the


[)ganda National Accreditation Scn icc;

(e) thc dcvelopment ofan operating plan to guide the Uganda


National Accreditation Scrvicc in achieving its purposes;

(1) co-ordination and co-operation with other lead agencies and


organisations in the accreditation and conformity assessmenl
sector:
Act Accredilalion Se rvice s Act 2021

(g) the development of an economic. efficient and cost ellectir,e


intcrnal management struclure;
(h) providing advice as rcquircd on all matters which lall within
thc area of the Board's responsibiliry*; and

(i) pcrforming any other duty necessary for the implementation


o1'this Act as may be assigned to him or hcr by thc Board.

(2) The Executive Director is, in the performance of his or her


functions. accountable to the Board.

16. Other officers and staff of secretariat


(l) The Board may, on the advicc olthe Executive Director,
appoint othcr offlcers and stafl'ol'the Uganda National Accrcditation
Service as may be necessary for thc effective perlormance of its
functions.

(2) 'l hc cmploy'ees appointed under this section shall hold office
on such terms and conditions as thc Board. in consultalion with the
Public Scn icc Commission. may detennine.

17. Assessors
(1) The Uganda National Accrcditation Service may, with the
approval ofthc Board, appoint assessors from amongst the staffof the
Uganda National Accreditation Servicc and such other persons who
are not staff but are suitably qualified. to function as assessors for the
purpose ol'making the assessments rcquired under this Act.

(2) The Minister shall, by regulations, prescribe the Iunclions.


duties, powcrs of assessors and any other matter related to asscssors.

(3) Without prejudice to thc gcncral effect of subsection (2). an


assessor may for the purposes ol'carrying out an assessment

(a) enter into any premises and make any enquiry or inspection
in respect ofthe assessment related activities;

PARL}AI}IEN'I LI EILlTI Y
l,a, ar,i /1ib
^,\rri;AlA
* 04 t.{AY 2OII *
a\Crl N():
CALL Nil
Act Accreditalion Services Act 2021

(b) require any person to produce any rccords rcgarding the


assessment re laled activities:

(c) require any person to answer questions related to the matter


under asscssmcnt or invcstigation; or

(d) require a person to furnish such information or returns


as may be necessary to asccrtain whethcr that person is
complying u'ith the provisions of this Act or the terms of'
the sertificate issued to that person.

P,rnr V Irr:.r,tNc:r,rr- Pnovtsto:.ts

18, Funds and sources of revcnuc of Uganda National


Accreditation Sen,ice
The funds and sources ofrer,enue ofthe Uganda National Accreditation
Sen,ice shall consist of
(a) money' appropriated by Parliament lbr the purposes of the
Uganda National Accreditation Servicel

(b) grants, gifts or donations from thc Govcrnment or other


sources made rvith the approval ol'the Minister and the
Ministcr rcsponsiblc for financet
(c) revenue earned lronr aclivities ol the l.lganda National
Accreditation Sen'ice under this Actt
(d) fccs chargcd and civil fincs and pcnaltics rccovcrcd by thc
Llganda National Accreditation Servicel and

(e) any other funds received by the Uganda National


Accreditation Service in the perlbmrance ol'its I'unctions
under this Act.

19, Duty to operate on sound financial principles


( I ) In the performance of its functions undcr this Act, the Uganda
National Accredilation Service shall have due regard to sound financial
principles.
PAITLIAIVI FJN,1. LI tJ IiAII Y
r)() tj,)I / t,t\.
^.\1,/,;-.\L.1

OI l'{AY 2OII *
ACti Na)
cat_L Nf) -....
Act lccreditation Services lct 2021

(2) The Uganda National Accreditation Service shall comply


with the Public Financc Managcment Act. 20 I 5.

20. Pox'cr to open and operate bank accounts


l'hc Board shall. with the authoriq, of the Accountant General. open
and maintain such accounts as are necessary lbr the perlbrmance ol
the functions ofthc L.lganda National Accrcditation Scrvicc.

21. Borrowing powers


Subicct to Article 159 of the Constitution" thc Board may with the
approval of Parliament horrow mone), as may be requircd tbr mccting
its obligations or for the discharge of the functions of the Uganda
National Accreditation Sen'ice under this Act.

22. Estimates
(l ) The Executive Dircctor shall. ra'ithin thrcc months bcforc thc
end of each financial year. cause to be prepared and submitled to the
Board for its approval, cstimatcs oflhe income and cxpcnditurc oflhc
Uganda National Accreditation Sen'ice for the next financial -vear.

(2) 'l-hc Board shall. within tu,o months of rcccipt of thc cstimates
refemed to in subsection (1), cause to be submitted to the Minister
for his or her approval, thc cstimatcs of incomc and cxpcnditurc as
approved by the Board.

23. Financial year of Uganda National Accreditation Scrvice


The financial year ofthe [Jganda National Accreditation Sen'ice shall
be same as the flnancial year ofGovernment.

24. Accounts and audit


(l ) The tJganda National Accredilalion Service shall keep proper
books of accounts and all records relating 1o the transactions and
affairs of thc Uganda National Accrcditation Scrvicc.
ITARLIANIilN T l'IERA
1,i I t,.',( /l;tr ^AMi-ALA

0 4 MAY 20:l
/,(:(- f!1 r

cal L Nlr: .

Act Accreditation Se ryices /ct 2021

(2) The Auditor General or an auditor appointed by the Auditor


General shall, in each financial year. audit the accounts ofthe Uganda
Nalional Accreditation Sen'ice-

(3) The Auditor General or an auditor appointed by the Auditor


General shall within three months alier rcccipt ofthe accounts, submit
to Parliament a report on the auditcd accounts ofthe Uganda Nalional
Accreditation Service.

(4) The Auditor General shall submit the audited accounts of the
IJganda National Accrcditation Senice to Parliament in accordance
n'ith the Public Finance Management Ac1. 201 5.

25. Investmcnt of funds


(l) The Board shall declare to the Minister any surplus funds that
the Uganda National Accreditation Service may havc at the end ofthe
financial year.

(2) Any funds ofthc Uganda National Accreditation Service not


irnmediately required lbr any purpose undcr this Act may be invested-

(a) on a fixed deposit account with a bank approved by the


Boardl

(b) in treasury bills and securities o1'Lhe Govemment:

(c) in a project approved b)'the Minister; or

(d) in anv other manner detemrined b1, the Board othcr than in a
business regulated under this Act.

Panr Vi-Accruulrnlron

26. Application for accreditation


(l ) A person or conformity asscssment body seeking accreditation
shall apply to the Uganda National Aocreditation Service in the manner
and form prescribed by the Minister by regulations.
Act Acc re ditation Service s Ac t 2021

(2) The Uganda National Accrcditation Sen'ice shall cvaluate


cvery application lor accrcditation in accordance w.ith procedures and
oriteria prescribed b"v the Minister by regulations.

(3) An application under subsection ( I ) shalt be accompanied by'


thc fce prescribed b1' the Minister by regulations.

(4) The Uganda National Accreditation Service shall notify the


applicanl who salisfies the requirements ofthis section within fourtecn
days after making the decision and issue the applicant n'ith a certificate
o1' accreditation.

(5) The certificate issued under subsection (4) may specill


conditions applicable to the accreditation.

(6) A certilicate granted under this section shall set out the
duration of thc accreditation.

(7) Whcrc an applicant is reI'used a certificate of acoreditation,


thc Uganda National Accreditation Service shall nolify thc applicant
within fourtecn days and give w.ritten reasons for the refusal.

(8) For thc avoidance ofdoubl, the process ofaccreditation from


submission ol' an application to communication of the dccision by the
Uganda National Accreditation Serr,ice shall not exceed sixtl dal's.

27, Renewal of accreditation


An accredited person or conformity assessment body may apply for
rencw-al of the accredilation in such manner and lorm as ma-v bc
prescribed by the Ministcr by regulations.

28. Powcrs to establish technical committees


( 1) The Uganda National Accreditation Sen'ice shall establish
technical committccs to evaluate applications for grant. renenal.
extension, suspension or withdrawal of accreditation.
Act Accreditatictn Sentices Att 2021

(2) A technical committee shall consist of not more than three


members.'*'ho shall be specialists in the field to bc accredited.

(3) 1he appointment of members of a technical committee shall


bc in the manner prescribed by regulalions made by the Minister.

(4) The conduct ofthe business ofa technical committcc shall be


as providcd for in Schedule 3 to this Act.

29. Revocation of accreditation


(1) The LJganda National Accrcditation Service may revoke the
accrcditation of an accreditcd person or conlormity assessment body
under this Act u'hcre

(a) the accredited person or conformity assessment body has


failed to comply with any obligation imposed under this
Act;

(b) the accreditcd person or conformiqv assessment body has


contravened any provision of this Act or any other $Titten
law:

(c) the accredited person or conformity assessment body, cither


in connection with the application for accreditation or at anv
time after the grant of accreditation. provides the iJganda
National Accreditation Scrvice with lhlse, misleading or
inaccurate information, document or declaration.

(2) Belore revoking accreditation, the Uganda National


Accrcditation Service shall give the accredited pcrson or confbrmity
assessment body notice in writing of thc intention to revoke the
accreditation and require the acoredited pcrson or conlbrmit_v
assessment body to show cause, u'ithin thirty days, as to why the
accreditation should not he revoked.

PARLIAM EN'I' LINITAIIY


l) () ljitl lltl|
^Alr'';-AtA

* 0{ },lAY 20il
ACC tIL]
CAL I AIr0:.
Act Accreditation Services Act 2021

30. Accredited person or conformity assessment body to comply


with requirements of accreditation
An accredited person or conformity assessmcnt body shall comply w-ith
the accrcditation requiremcnts in respect ofthat accreditation including
the specific competencies spccified in the certificate of acoredilation.

31. Applications by persons or conformity assessment bodics


resident in Uganda to foreign accreditation bodies
A person or conformity asscssment body resident in Uganda seeking
accreditation by a foreign accreditation body shall. before making
such an application, comply with requirements specified in regulations
made by the Minister in respect of applications for accreditation of
persons or conlbrmitl assessment bodies rcsident in Uganda by
loreign accreditation bodics.

32. Register of accredited persons or conformitX assessment


bodies
The Uganda National Accreditation Service shall establish and
mainlain a register of accredited persons and conflormitl' assessment
bodies.

33. Appeals Committee


( I ) There is established a committee to be known as thc
Appeals Committee, which shall hear and determine appeals relating to
decisions ofthe Uganda National Accreditation Service such as relusal
to grant accreditation. refusal to rencw accreditation or rcvocation of
accreditation.

(2) The Appeals Committee shall be an ad hoc conrmittee


consisting of three persons appointed by the Ministcr to hear and
determine an appeal relaling to a dccision of the Uganda National
Accreditation Service.

(3) The members of the Appeals Committee shall be experts in


the matter being considercd.
Act Accreditation Serv ices Ac t 2021

(4) A member ol the Appeals Committee shall not be or have


been a person who participated in the making of the decision of the
Uganda National Accreditation Service that is being appcaled against.

(5) A person who is dissatisfied with the decision of the Appeals


Committee may appeal to the High Court.

(6) fhe conduct of the business ofthe Appeals Committce shall


be as provided for in Schcdule 4 to this Act.

(7) The Minister shall, in consultation nith the Board. determinc


the terms and conditions of sen ice of the Appeals Committee.

Panr VII-OrrrNcr:s

34. Giving false information


A person or conformity assessment body r.r'ho knou'ingly

(a) makcs or assists in the making of a cenificate, report, retum,


notice or any other document to be sent to any other pcrson.
as required by this Act, that contains an untrue statement of
a matelial fact: or

(b) omits to state a malerial fact in or on any of the documents


referred to in paragraph (a),
commits an offence and is liable, on conviction. to a Iine not exceeding
six hundred currency points or imprisonmcnt no1 excceding four years
or both.

35. Use of accreditation for unccrtified purposes


An accredited person or conformit)' assessmenl body ivho-

(a) uses his or her accreditation for purposes other than that for
which the accrcditation was granted:
Act Accreditation Sert ices Act 2021

(b) uses an accreditation symbol for purposes other than 1br


purposes for which the symbol was given,

commits an offence and is liable. on conviction, to a fine not exceeding


six hundrcd currencl' points or imprisonment not exceeding four r ears
or both.

P^Rr VIII-MrscEl r.A\Forrs

36. Protection from liability of members and oflicers of the


Uganda National Accreditation Service
An officer or member ofthe Board ol'the Uganda NationalAccreditation
Service or a person acting on the directions o1' the Liganda National
Accreditation Senice is not personally liable lor any act or omission
done or omitted to be done in good laith in the exercise of functions
under this Act.

37. Duty not to disclose information


(1) An officcr or member of the Board olthe Uganda National
Accrcditation Service shall not disclose any information. which he or
shc may havc obtained in thc course of discharging his or her duties
under this Act.

(2) A person u,ho ceases to be an officer or member of thc Board


of the tjganda National Accreditation Service shall not disclose any
inlbrmation. r.l,hich he or she may have obtained in the coursc of his
or her cmployment lor a pcriod of ten 1,ears from the date he or she
ceases 1o be an ofliccr or member ofthe Board ofthe Uganda National
Accreditation Sen'ice.

(3) A person r.l'ho contravenes this section commits an oflence and


is liable. on conr.'iction, to a fine not excceding livc hundred currenc),
points or imprisonmenl not exceeding lour years or both.
Act Accreditation Services,4ct 2021

38. Rcgulations
( 1 Minister shall, in consultation with the Board, by statutory
) The
instrumen! make rcgulations for the better carrying into effect the
provisions of this Act.

(2) Without prejudice to the general ellect of suhscction (l).


regulations made under this scction muv

(a) prescribe the form and manner for applications for


accreditation;

(b) provide for the particulars to be supplied by a person or


conlormity asscssment body applying for accreditation;

(c) prescribe the fecs irnd charges payablc under this Act:

(d) prescribe the condilions or restrictions that may be imposed


on accrcdited persons or conformity assessment bodies;

(e) provide lbr the conditions lbr the use of the name,
accreditation logo or accreditation sl,mbol of the Uganda
National Accreditation Sen ice:

(0 prescribe the scope of activities u,ithin u'hich the tJganda


National Accreditation Service may grant accreditation;

(g) pror,ide Ibr the form and manner ol revieu's and appeals
under this Act;

(h) spccifl, the responsibilities of accredited persons and


confbrmity asscssment bodies:

(i) provide for thc conditions for the use of regional and
international logos; aurd

(j) prescribe any othcr matter nccessary fbr giving lull effect to
this Ac1.
PARLIAMEN'I LI EItAfI Y

* 0 4 l,lAY 2011 *
A'C NO:
CALL NI]
Act Accreditation Servic'e.s Act 2021

(3) Regulations made under this section ma1'. in respecl of anl'


contravention ofany ol its provisions

(a) prescribe a pcnalty of a fine not excccding two hundred


currency points or imprisonmenl for a lerm not exceeding
one year or both;

(b) in thc case of a continuing contravention, prescribe an


additional pcnalty not exceeding onc hundred curency
points in respect ofcach day on u'hich the offence continues:
and

(c) prescribe a higher penalty no1 excccding five hundred


curency points in respect of a second or subsequcnt
contravention.

39. Amendment of Schedules


Thc Minister may, by slatutory instrument

(a) wift thc approval of Cabinet, amcnd Schedulc ll


(b) in consultation with thc Board, amend Schedulc 2
Act Accreditation Se rvice s A cl 2{t2l

SCHEDULES

SCHEDLII.IT I
section l
CURRENCY POINT

A curenc,v point is equivalent to twenty thousand shillings


Act Accreditation Seryircs Act 2021

SCI IEDI.]LL,2
scction l2

MEETINGS OFTHE BOARDAND RELATf,D MATTERS

1. Meetings ofthc Board


(l ) The chairperson shallconvene every meeting olthe Board at a time
and place as the Board may detennine. and the Board shall mcct lbr thc
discharge ofbusiness at least once in every three montlls.

(2) The chairperson ma),. aI an)'time, convene a special rneeting ofthe


Board and shall also call a mceting within fburteen days. if requested to do
so in uriting by tuo thirds of the membcrs of lhc Board.

(3) Notice of a meeting of the Board shall be given in u riting to cach


member at lcast founeen u'orking da1,s before the dal,ofthe rneeting.

(4) The chairpcrson shall preside at e!ery,meeting ofthe tsoard and in


his or her absence the members prescnt shall clcct from among themselves.
a chairperson to preside at lhc mccling.

2. Quorum
(I) The quorum for a meeting ofthe Board is two thirds olthc membcrs.
at least t\l'o ofwhom shall be from the public sector and two lrom lhc privatc
seclor.

(2) All decisions at a meeting ofthe Board shall be bl majoritl, ofthe


votes ofthe members present and voting and in case ofan equality ofvotes.
the person presiding at the meeting shall havc a casting vote in addition to his
or her deliberative vote.

3. Minutes of meetings
) 1'he secretary shall record and keep. minutes ol all mcctings of thc
(I
Board in a form approved hy the Board.

(2) The minutes recorded under this paragraph shall be submitted to the
Board forconfirmation at its next meeting following that to which the minutcs
relate and where they are confirmed. shall be signed by the ohairperson and
the secretary in the presence ofthe members present al the meeting.

v
PAIiLIAME N'T l.IERAII
d
* 0 4 l.{AY 20'.1
AC(, N!): -

CALL No:... '


Act Accre ditation Service.s Act 2021

4. Pol'er to co-opt
(l )'l'he tsoard may invite any person who. in lhc opinion of'the Board,
has expert knowledge conceming the functions of thc Board, to attcnd and
take part in a meeting ofthe Board.

(2) A person attcnding a meeting ofthe Board under this section may
take part in an;- discussion at the meeting on which his or her advice is
required, but shall not have a right to vote at that mccting.

5. Validit"v ofprocccdings not affected by vacancy


The validitl.' ofany proceedings ofthe Board shall not be affecled b1' a vacancl.'
in its mernbership or bl any defect in the appointment or qualification of a
member or bl. reason that a person not entitled took part in its proceedings.

6. Disclosure of interesl of members


(I ) A membcr of'thc Board u ho is in an;' u av directll' or indirectll'
interested in a contract made or proposed to be made by'the Board. or in any
other matter to be considered bl the Board. shall disclose lhe nature ofhis or
her interest at a meeting ofthe Board.

(2) A disclosure nrade under subparagraph (I ) shall be recorded in


the minutes of that meeling.

(3) A mcmbcr uho makes a disclosurc under subparagraph (I) sha)l


not

(a) be present during any' deliberation olthc Board with respccl to


that matter: or

(b) take part in any decision ofthe Board u'ith respect to that nratler;

(4) A member who fails to disclose his or her interest under this
paragraph shall be removed from the Board.

(5) For purposes of dclcrmining whcthcr therc is a quorum, a mcmber


withdrawing trom a meeting or who is not taking part in a rneeting under
subparagraph (3) shall be treated as being present.
Act lccreditution Se rvices lcl 2021

7. Olflcial seal ofthe Uganda National Accrcditation Service


(l) The olficial seal ofthe Uganda National Accreditation Service
shall be in a form dctcrmined by thc Board.

(2) The official seal shall, u'hen aflixed to an;- document. be


authenticated by the signatures of the chairperson and one othcr mcmber ol
the Board-

(3) In the absence of the chairperson, the person perfonning the


functions ofthe chairperson shall sign.

(4) An instrumcnt or contract which if'exccutcd or entercd into b1 a


person other than a body corporatc would not requirc to bc undcr scal may bc
executed or entered into on behalfofthe Board b1, the chairperson. or b1' any
member ofthe Board or an;- other person iflhat member olthe Board or that
other person has been du11, authorised b1, resolution of the Board to e\ecute
or enter into the instrument or contract as the case rrav be.

(5) Every document purporting to be an instrument or contract


executed or issued by or on behalf of the Board shall be deemed to be so
cxccutcd or issucd until thc contrary is provcd.

8, Board may regulale its procedure


Subject to this Acl. the Board may regulate its own procedure or any other
mafter relating to its meetings.

PARLIAMEN'I'LIERATTY
t1\-rl /l,li .Allr{1\LA
'ri)

* 04ilAY20:1 *
A(l( l.J i ) .
CN I L NO:
Act Accredilal ion Se rv ice s Act 2027

SCI IEDIJI,II 3
scclion 28

Proceedings before the Technical Committee

An Tcchnical Committee shall rneet as and when the merrhers are


notified of a meeting by the Executive Director.

2 An Technical Committee shall meet upon seven days' notice bcing


given by the Executive Director, including the agenda of'thc mceting.

l A special meeting of an Technical Committee may be held on a date


and at a lime as the Technical Committce may delermine in the interest
ofnecessi5-. Iloweve( the Excculivc Director shall be informed ofthe
meeting.

4 A meeting ofa Technical Commitlee shall be held at the registered


office of the lJganda National Accreditation Service. except
lvhere. by rvritten permission. thc Ilxccutive Director authorises the
meeting to be held elseu,hcrc.

5 At each meeting of the Technical Committee, the members present


shall sclccl from among themselves a person to be the chairperson.

6 A decision on any matler before an lechnical Committee shall he rnade


by conscnsus, but where consensus cannot be reached, the mcmbcrs
prcscnt shall decide on the matter by a majority- vote and in casc of a
tied vote. the chairperson shall have the casting vote.

7 Each.ltchnical Committee shall maintain u,ritten minulcs of its


meetings which shall be kept in thc custody of thc Executive
I)irector.

8 'l he mernbers of the Technical Committee in consultation with the


Executive f)irector may, through electronic means of comrnunication,
take necessary actions on any matter that may not, due to unavoidable
circumstances. be considered physically at a meeting ofthe l'echnical
Committec.
I

Act Accredilotion Services Act 2021

SCHEDULE 4
seclion l3

Proceedings before the Appexls Committee

An Appeals Comm ittee may receive evidence by affidavit.

2 An Appeals Committee may specily the period u,ithin u,hich it may


hcar the cr idence lrorn u itnesses.

3 An Appeals Committee, while making an award undcr the Act, may


consider any evidence uhiclr it considers relerant to the matter before
i1.

4 A pa(y to an appeal before theAppeals Committee may be rcpresenled


by an advocate or any othcr suitable person as is permitted by the
Committee.

5 All summons. notices or other docurrents issued under the hand ofthe
chairpenon ofthe Appcals Committee shall be deerned to have been
issued bv the committee.

6 The [xeoutivc Director shall determine thc place where the Appeals
Committee shall sit to carry out its duties.

'l
7 he proceedings of the Appcals Committee shall be open to the public
except where the committee. for a good cause. othern'ise direcls.

8 The quorum of an Appeals Committec shall be the chairperson and


t$'o other membcrs.

9 Where the Appeals Committee has made an award. it shall notif, the
parties in writing.
TgE REPUTUCOf UGANI'A

PARLIANIENT LItIiiART
,,rr ,t r,r i r- r.r,1Fr,I

04 l{AY 20:1

CAL L NT-]:

This printed impression has been carelully


compared by me u'ith the bill rvhich was

passed by Parliament and found bl,- me to be a

true copy of the bill.

Clerk to Pcu' rumenl

Dete of authenticdtion lzJ/etl*rt

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