Interpretation Act
Interpretation Act
Uganda
Interpretation Act
Chapter 3
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Interpretation Act
Contents
Part I – Preliminary ............................................................................................................................................................................................ 1
1. Application .................................................................................................................................................................................................. 1
2. Definitions ................................................................................................................................................................................................... 1
ii
30. Powers of certain bodies not affected by vacancy, etc. ........................................................................................................... 9
47. Power to appoint substantively pending retirement, etc. of existing holder ................................................................ 12
iii
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Interpretation Act Uganda
Uganda
Interpretation Act
Chapter 3
Commenced on 23 July 1976
[This is the version of this document as it was at 31 December 2000 to 5 March 2015.]
[Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform
Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
An Act to amend and consolidate the law relating to the construction and interpretation of Acts of
Parliament, to regulate certain other matters relating to Acts of Parliament and to statutory powers and
duties, and to make general provisions for purposes connected with or similar to the purposes aforesaid.
Part I – Preliminary
1. Application
(1) Subject to this section, this Act shall apply—
(a) for the construction and interpretation of, and otherwise in relation to, all Acts of Parliament
(including this Act and Acts enacted before the commencement of this Act);
(b) for the construction and interpretation of statutory instruments and specified instruments
(including instruments made before the commencement of this Act); and
(c) in all other cases where its provisions are relevant and capable of being applied.
(2) Where—
(a) it is expressly provided that this Act or any provision of it shall not apply; or
(b) there is something in the subject or context inconsistent with the application of this Act or
any provisions of it, this Act or that provision of it, as the case may be, shall not apply.
(3) This Act shall not apply for the construction or interpretation of the constitutional instruments or
an applied law.
2. Definitions
The following words and expressions shall have the meanings hereafter assigned to them respectively—
“Act” or “Act of Parliament” used with reference to legislation means a law made by Parliament;
“act” used with reference to an offence or civil wrong includes a series of acts, and words which refer to
acts done extend to illegal omissions;
“administrative officer” means a resident district commissioner and any public officer or class of public
officers declared by the Minister by statutory order to be an administrative officer or administrative
officers;
“advocate” means a person entitled to practise as such in Uganda under the law for the time being in
force;
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Interpretation Act Uganda
“amend” includes repeal, revoke, rescind, cancel, replace, add to or vary and the doing of any two or more
of those things simultaneously or in the same written law;
“applied law” means an Act of the Parliament of the United Kingdom or an Order-in-Council or other
legislative instrument made thereunder otherwise than by an authority in Uganda (excluding the
constitutional instruments), which has effect in Uganda;
“Cabinet” means the Cabinet constituted under article 111 of the Constitution;
“calendar year” means a period of twelve months ending on the 31st December;
“commencement” used with reference to any Act means the date on which the Act comes into force;
“Common Services Organisation” means the former East African Common Services Organisation;
“Commonwealth” includes any independent country of the Commonwealth and any dependency of that
country and the Republic of Ireland;
“community” means the former East African Community established by article 1 of the Treaty for East
African Cooperation set out in the Schedule to the former East African Community Act;
“constitutional instruments” means the Uganda Independence Act, 1962, of the Parliament of the
United Kingdom and the Constitution;
“contravene” in relation to any requirement or condition prescribed in any Act of Parliament, or in any
grant, permit, lease, licence or authority granted by or under any Act includes a failure to comply with that
requirement or condition;
“Court of Appeal” means the Court of Appeal of Uganda established under article 129 of the
Constitution;
“East African Authority” means the former East African Authority established by article 46 of the former
Treaty for East African Co-operation;
“East African Legislative Assembly” means the East African Legislative Assembly of the Community;
“financial year” means the period of twelve months ending on the 30th day of June in any year, or any
other period declared by the President to be the financial year;
“foreign service officer” means a person holding or acting in an office in the foreign service of Uganda;
“Gazette” means The Uganda Gazette (including any supplement or Gazette Extraordinary);
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“land” includes messuages, tenements, hereditaments, houses and buildings of any tenure and land
covered by water;
“magistrate” means a magistrate deemed or appointed to be a magistrate of any grade under the
Magistrates Courts Act;
“master” used with reference to a ship, means any person (except a pilot or harbour master) having for the
time being control or charge of the ship;
“medical practitioner” means a person registered or licensed in Uganda as a medical practitioner under
the law for the time being in force (subject, in the case of a person so licensed, to the terms and conditions
of his or her licence);
“oath” or “affidavit” in the case of persons for the time being allowed by law to affirm or declare instead of
swearing includes affirmation and declaration, and “swear”, in the like case, includes affirm and declare;
“police officer” means an attested member of a police force established by the Constitution or by the
Police Act;
“prescribed” means prescribed by or under the Act in which the word occurs;
“public holiday” means a day declared to be a public holiday in Uganda under the law for the time being
in force;
“public office”, “public officer” and “public service” have the same meanings as in the Constitution;
“registered” used with reference to a document means registered under the provisions of the law for the
time being applicable to the registration of such documents;
“rules of court” used in relation to a court means rules, orders or other legislative instruments for
regulating the practice and procedure of that court made by the authority having for the time being the
power to do so;
“sell” includes barter, exchange, offer for sale and expose for sale;
“ship” includes every description of vessel used in water navigation not exclusively propelled by oars or
paddles;
“sign” used with reference to a person who is unable to sign his or her name includes “mark”;
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“statutory declaration” means a statutory declaration made under the Statutory Declarations Act;
“Supreme Court” means the Supreme Court of Uganda established under article 129 of the Constitution;
“United Kingdom” means the United Kingdom of Great Britain and Northern Ireland;
“vessel” includes any ship or boat or other description of vessel used in water navigation;
“writing” includes printing, photography, lithography, typewriting and any other modes of representing
or reproducing words in visible form;
“written law” means the constitutional instruments, Acts, statutory instruments and any other legislative
instruments having effect in Uganda;
(2) Words and expressions importing the masculine gender include females.
(3) Words and expressions in the singular include the plural, and words and expressions in the plural
include the singular.
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(2) A reference to “the Treasury” shall be construed as a reference to the Minister for the time being
responsible for finance and any public officer deputed by him or her to exercise powers or perform
functions or duties in relation to the matter in connection with which the reference is made.
(a) a general reference to any Ordinance, Statute or Decree included in a revised edition of the
Laws of Uganda and redesignated as an Act when so included; and
(b) except in the Acts of Parliament Act and section 13, a general reference to statutory
instruments.
(2) A general reference to statutory instruments shall be construed as including a general reference to
any proclamations, rules, regulations, byelaws, orders or other instruments having legislative effect
which—
(b) are included in a revised edition of the Laws of Uganda taken into use after that
commencement; and
(3) In this section, the expression “general reference” used in relation to Acts and statutory
instruments means any reference to Acts or statutory instruments (either in the singular or the
plural and however expressed) except a reference to a particular Act or instrument or to particular
Acts or instruments.
(2) A reference to a particular statutory instrument shall be construed as including a reference to that
instrument as amended from time to time.
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(2) Where any Act repeals any other enactment, then unless the contrary intention appears, the repeal
shall not—
(a) revive anything not in force or existing at the time at which the repeal takes effect;
(b) affect the previous operation of any enactment so repealed or anything duly done or suffered
under any enactment so repealed;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any
enactment so repealed;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed
against any enactment so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment; and any such investigation, legal
proceeding or remedy may be instituted, continued or enforced, and any such penalty,
forfeiture or punishment may be imposed as if the repealing Act had not been passed.
(3) Upon the expiry of any Act, this section shall apply as if the Act had been repealed.
(a) the commencement of a statutory instrument shall be such date as is provided in or under
the instrument or, where no date is so provided, the date of its publication as notified in the
Gazette;
(b) every statutory instrument shall be deemed to come into force immediately on the expiration
of the day next preceding its commencement.
(2) A statutory instrument may be made to operate retrospectively to any date which is not earlier than
the commencement of the Act under which the instrument is made.
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(3) Nothing in this section shall be deemed to empower the making of a statutory instrument so as to
make a person liable to any penalty in respect of any act committed before the date on which the
instrument was published in the Gazette.
(4) A statutory instrument made and published on the date of commencement of the Act under which
the instrument is made shall be deemed to come into force simultaneously with that Act.
(5) References in this section to the commencement of the Act under which a statutory instrument is
made shall, where different provisions of that Act come into force on different dates, be construed
as references to the commencement of the particular provision under which the instrument is
made.
(6) The provisions of this section shall be without prejudice to the operation of section 21.
(2) Terms and expressions used in a statutory instrument shall have the same meaning as in the Act
under which the instrument was made.
(3) A statutory instrument may at any time be amended by the authority by which it was made or, if
that authority has been lawfully replaced by another authority, by that other authority.
(4) Any provision of a statutory instrument which is inconsistent with any provision of the Act under
which the instrument was made shall be void to the extent of the inconsistency.
(5) Any act done under or by virtue of or in pursuance of a statutory instrument shall be deemed to be
done under or by virtue of or in pursuance of the Act conferring power to make the instrument.
(6) Every statutory instrument shall be deemed to be made under all powers enabling it, whether or not
it purports to be made in exercise of a particular power or particular powers.
(7) Section 13(2) shall apply on the revocation of a statutory instrument as it applies on the repeal of
any Act.
(a) orders, regulations and statutory instruments made in the exercise of power conferred by
the constitutional instruments on the President or on a commission established by the
Constitution; and
(b) rules, regulations, orders and other instruments having legislative effect made by an
authority in Uganda in the exercise of a power conferred by an applied law.
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(c) a power to do any other thing for the purposes of the Act,
that power may be exercised at any time on or after the date of publication of the Act in the Gazette; but
no instrument, appointment or thing made or done under the power shall, unless it is necessary to bring
the Act into force, have any effect until the commencement of the Act.
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that authority may make the appointment either by appointing a person by name or by appointing the
holder of an office by the term designating his or her office; and any such appointment of the holder of an
office shall be construed as the appointment of the person for the time being lawfully holding, acting in or
performing the functions of the office.
(a) in any case where the Attorney General is unable to act owing to illness or absence; and
(b) in any case or class of cases where the Attorney General has authorised the Solicitor General to do
so.
(a) the presence or participation of any person not entitled to be present at or to participate in
the proceedings; or
(b) any municipal council or town council established under the law for the time being in force
and any committee of any such council;
(c) any board, commission or similar body (whether corporate or unincorporate) established by
any Act.
(b) in the case of a body mentioned in subsection (2)(a) or (b), in respect of any council or
authority (or committee thereof) established in the area where that body is established
before that body came into existence.
(a) the exercise of the power may be signified under the hand of the President or any Minister; and
(b) the President or the Minister signifying the exercise of the power shall be deemed to be the Minister
for the time being authorised to exercise it.
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Part VI – Miscellaneous
32. Distance
Any distance to be measured for the purposes of any Act shall be measured in a straight line on a
horizontal plane.
33. Time
Where any expression of time occurs in any Act, the time referred to shall signify the standard time of
Uganda which, unless the President prescribes otherwise by proclamation, shall be three hours in advance
of Greenwich Mean Time.
(a) a period of days from the happening of an event or the doing of any act of thing shall be
deemed to be exclusive of the day in which the event happens or the act or thing is done;
(b) if the last day of the period is a Sunday or a public holiday (which days are in this section
referred to as “excluded days”), the period shall include the next following day, not being an
excluded day;
(c) where any act or proceeding is directed or allowed to be done or taken on a certain day, then
if that day happens to be an excluded day, the act or proceeding shall be considered as done
or taken in due time if it is done or taken on the next day afterwards, not being an excluded
day; or
(d) where any act or proceeding is directed or allowed to be done or taken within any time not
exceeding six days, excluded days shall not be reckoned in the computation of time.
(2) Where no time is prescribed or allowed within which anything shall be done, that thing shall be
done without unreasonable delay and as often as due occasion arises.
(3) Where, by any Act, a time is prescribed for doing any act or taking any proceeding and power is
given to a court or other authority to extend that time, that power may be exercised by the court or
other authority although the application for the exercise of the power is not made until after the
expiration of the time prescribed.
(2) Nothing in this section shall affect any provision in any Act by which any portion of any fine or
forfeit or of the proceeds of any forfeit is expressed to be recoverable by any person or may be
granted by any authority to any person.
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(3) Any fine or pecuniary penalty imposed under any Act shall be paid into the Consolidated Fund.
(2) Where, under section 29, the Solicitor General is exercising the powers of the Attorney General, this
section shall apply to the Solicitor General as it applies to the Attorney General.
44. Fees
(1) Where any Act confers power on any person to prescribe fees or charges, the instrument prescribing
the fees or charges may provide for all or any of the following matters—
(a) the imposition either generally or under specified conditions or in specified circumstances of
—
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(b) the reduction, waiver or refund (in whole or in part) of any such fees or charges, either upon
the happening of a certain event or in the discretion of a specified person.
(2) Where any reduction, waiver or refund (in whole or in part) of any fee or charge is provided for,
that reduction, waiver or refund may be expressed to apply or be applicable either generally or
specifically—
(e) in respect of any combination of such matters, transactions, documents, events or persons,
and may be expressed to apply or be applicable subject to such conditions as may be
specified in the instrument or in the discretion of any person specified in the instrument.
(3) Fees and charges imposed by any Act shall, when collected, be paid into the Consolidated Fund.
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