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NATIONAL RECORDS AND ARCHIVES ACT, 2001.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Short title.

   2.   Interpretation.

   3.   Reckoning of time.

PART II
ESTABLISHMENT AND FUNCTIONS OF A NATIONAL RECORDS AND ARCHIVES AGENCY.

   4.   Establishment of a National Records and Archives Agency.

   5.   Functions of the National Records and Archives Agency.

   6.   National Records and Archives Agency Advisory Committee.

PART III
RESPONSIBILITIES OF THE CREATORS OF PUBLIC RECORDS FOR THEIR PROPER MANAGEMENT.

   7.   Current records.

   8.   Semi-current records.

   9.   Public corporations and parastatal organisations.

   10.   Abolition or privatisation.

PART IV
RESPONSIBILITIES OF THE DIRECTOR FOR THE MANAGEMENT OF PUBLIC RECORDS AND ARCHIVES.

   11.   Current records.

   12.   Semi-current records.

   13.   Archives.

   14.   Private records.

PART V
LOCAL GOVERNMENT RECORDS AND ACCESS TO ARCHIVES.

   15.   Local governments records and archives.

   16.   Other places of deposit for public archives.

   17.   Access to public archives.

   18.   Copyright.

   19.   Legal validity.

   20.   Official publications.

   21.   Export of historical documents.

   22.   Penalty for removal, destruction or mutilation of public records and archives.

   23.   Illegal export of historical documents.

PART VI
FINANCIAL PROVISIONS.

   24.   Funds.

   25.   Fees.

   26.   Estimates.

   27.   Accounts.

   28.   Audit.

   29.   Financial year of the Agency.

PART VII
GENERAL.

   30.   Annual Report.

   31.   Regulations.

   32.   Power of Minister to amend Schedules.

   33.   Repeal.

      First Schedule   Currency Point.

      Second Schedule   Meetings of the Advisory Committee.

NATIONAL RECORDS AND ARCHIVES ACT, 2001.

Commencement: 15 June, 2001.

   An Act to provide for the rationalised management of all Government and other public records and archives under one single authority, for the preservation, utilisation and disposal of such records and archives, for the repeal of the Records (Disposal) Act, and for other connected matters.

PART I
PRELIMINARY.

1.   Short title.

   This Act may be cited as the National Records and Archives Act, 2001.

2.   Interpretation.

   In this Act, unless the context otherwise requires—

   "Advisory Committee" means the National Records and Archives Agency Advisory Committee established by section 6;

   "Agency" means the National Records and Archives Agency established by section 4;

   "archival repository" means a building or part of a building in which archives are preserved and made available for consultation;

   "archives" means records of enduring value selected for permanent preservation;

   "competent authority" means for the purpose of section 17(2) a person authorised to downgrade or declassify classified records the sensitivity of which has reduced or expired;

   "currency point" has the meaning assigned to it in the First Schedule to this Act;

   "current records" means records regularly used for the conduct of the current business of an institution or individual;

   "Director" means the Director of the National Records and Archives Agency;

   "heads of organs of State" means the Ministers or other persons responsible for directing organs of State;

   "local governments" means local governments established under subsections (2) to (5) of section 4 of the Local Governments Act;

   "Minister" means the Minister responsible for the administration of this Act;

   "National Archives" means the principal archival repository in which the public archives of Uganda are preserved and made available for consultation;

   "organ of State" means any institution, body or office established by or under the Constitution;

   "place of deposit" means a place appointed as such under section 16 of this Act;

   "private records and archives" means records and archives other than public records and archives as defined in this Act;

   "public archives" means public records of enduring value selected for permanent preservation;

   "public records" means records of an official nature belonging to the Republic of Uganda—

      (i)   created, received and maintained in any past, present or future organ of State;

      (ii)   created, received and maintained in any past, present or future public corporation or parastatal organisation;

      (iii)   created, received and maintained in any past, present or future local government;

      (iv)   in the custody of the Government Archivist at the time of coming into operation of this Act;

      (v)   declared to be public records by the Minister by regulations under section 31 of this Act;

   "records" means recorded information regardless of form or medium created, received and maintained by any institution or individual under its legal obligations or in the transaction of its business and providing evidence of the performance of those obligations or that business;

   "records centre" means a building or part of a building designated for the storage and provision of official access to semi-current records pending their eventual disposal;

   "registry" means the place where current records are managed and maintained;

   "retention and disposal schedule" means a document describing the recurring records of an institution or an administrative unit of that institution, specifying which records should be preserved permanently as having enduring value as archives and authorising on a continuing basis and after the lapse of prescribed retention periods or the occurrence of specified actions or events, the disposal by destruction or other means of the remaining records;

   "semi-current records" means records required only infrequently for the conduct of current business and for the purposes of this Act, files and other assemblies of records on which no action has been recorded for five years shall be regarded as semi-current records.

3.   Reckoning of time.

   (1) Any period of time specified by this Act shall run from the first day of January in the next year after that in which the records were created.

   (2) Where records created on different dates are for administrative purposes kept together on one file or other assembly, all the records on that file or assembly shall be treated for the purposes of this Act as having been created when the latest of those records was created.

PART II
ESTABLISHMENT AND FUNCTIONS OF A NATIONAL RECORDS AND ARCHIVES AGENCY.

4.   Establishment of a National Records and Archives Agency.

   (1) There is established a National Records and Archives Agency in this Act referred to as the "Agency".

   (2) The Agency shall be managed by a Director of Records and Archives in this Act referred to as "the Director".

   (3) The Director and the other staff of the Agency shall be officers in the public service of the Republic of Uganda and shall be appointed by the appropriate appointing authorities under the Constitution.

   (4) The Director and any persons acting on his or her behalf or under his or her direction who require to have access to or custody of public records which are classified under the Official Secrets Act, shall satisfy any security requirements applicable to and take any oath of secrecy or official oath required to be taken by persons who normally have access to such public records.

   (5) The Agency shall have an official seal which shall be judicially noticed.

5.   Functions of the National Records and Archives Agency.

   The functions of the Agency are—

   (a)   to ensure that organs of State follow good practices in managing public records containing information in all media or formats, including those in electronic form;

   (b)   to establish records centres for the maintenance and provision of official access to semi-current records, one of which records centres shall meet minimum standards for housing classified documents up to and including secret lev

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