Singapore legislation

Section 8

of Public Utilities Act

Section 8

Directions by Minister

(1)

The Minister may, after consultation with a person to whom this section applies, give to that person such directions as he thinks fit as to the exercise by that person of its functions under this Act.

(2)

Without prejudice to the generality of subsection (1), if it appears to the Minister to be requisite or expedient to do so —

(a)

on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or

(b)

in order —

(i)

to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement;

(ii)

to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of such an organisation or a party to such an agreement; or

(iii)

to enable the Government to become a member of such an organisation or a party to such an agreement,the Minister may, after consultation with a person to whom this section applies, give such directions to the person as are necessary in the circumstances of the case.

(3)

Any direction given under subsection (1) or (2) may include provisions for —

(a)

the prohibition or regulation of any generation, production, transmission or supply of electricity or gas;

(b)

the taking, control or use for official purposes of all or any apparatus used in the generation, production, transmission or supply of electricity or gas; and

(c)

the carrying out of any other purpose which the Minister thinks necessary.

(4)

A person to whom this section applies shall give effect to any direction given to that person under subsection (1) or (2) notwithstanding any other duty imposed on that person by or under this Act.

(5)

A person to whom this section applies shall not disclose any direction given to that person under subsection (1) or (2) if the Minister notifies that person that the Minister is of the opinion that the disclosure of the direction is against the public interest.

(6)

The Minister may —

(a)

pay compensation for any damage caused to a public licensee by reason of its compliance with the directions of the Minister under subsection (3)(b); or

(b)

make grants to public licensees for defraying or contributing towards any losses which they may sustain by reason of their compliance with the directions of the Minister under any other provision of this section.

(7)

Any sums required by the Minister for paying compensation or making grants under subsection (6) shall be paid out of the Consolidated Fund.

(8)

This section shall apply to the Board and to every public licensee.

(9)

If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister shall be conclusive evidence of the matters stated therein.