Singapore legislation
Schedule 1
Schedule 1
Constitution and proceedings of Commission
FIRST SCHEDULESections 2(1) and 5(3)Constitution and proceedings of CommissionTerms of office of Chairperson and members
1. The Chairperson and other members hold office for such period and on such terms and conditions as the Minister may determine, and are eligible for re‑appointment.Role of Deputy Chairperson
2. Where the Minister has appointed a Deputy Chairperson under section 5(2)(a), the Deputy Chairperson so appointed may, subject to any direction that may be given by the Chairperson, exercise any or all of the powers exercisable by the Chairperson under this Act.Temporary Chairperson
3. The Minister may appoint any person to be a temporary Chairperson during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson.Chairperson may delegate functions
4. The Chairperson may, in writing, authorise any member to exercise any power or perform any function conferred on the Chairperson by or under this Act, except the power of delegation conferred on the Chairperson by this paragraph.Revocation of appointment
5. The Minister may, at any time, revoke the appointment of the Chairperson or any other member if the Minister considers the revocation necessary in the interest of the effective and economical performance of the functions of the Commission under this Act or in the public interest.Resignation
6. The Chairperson or any other member may resign from his or her office at any time by giving not less than one month’s written notice to the Minister.Vacation of office
7. The office of any member becomes vacant —
on his or her death;
if he or she fails to attend 3 consecutive meetings of the Commission without sufficient cause (the sufficiency of which is to be decided by the Commission);
if he or she becomes in any manner disqualified from membership of the Commission;
if he or she is adjudicated a bankrupt;
if he or she resigns from office; or
if his or her appointment is revoked.Filling of vacancies
8. If a vacancy occurs in the membership of the Commission, the Minister may, subject to paragraph 9, appoint any person to fill the vacancy, and the person so appointed holds office for the remainder of the term for which the vacating member was appointed.Disqualification from membership
9. A person must not be appointed or continue to hold office as a member if the person —
is incapacitated by physical or mental illness;
is an undischarged bankrupt or has made any arrangement or composition with his or her creditors;
is convicted of an offence involving dishonesty, fraud or moral turpitude and has not received a free pardon;
has been sentenced to imprisonment for a term of 6 months or more and has not received a free pardon; or
is otherwise unable or unfit to discharge the functions of a member.Disclosure of interest by members10.—
A member who is in any way, directly or indirectly, interested in a contract, transaction or project of, or any matter before, the Commission must disclose the nature of his or her interest at the first meeting of the Commission at which he or she is present after the relevant facts have come to his or her knowledge.(2) A disclosure by a member under sub-paragraph (1) must be recorded in the minutes of the meeting of the Commission and, after the disclosure, that member —
must not take part in any deliberation or decision of the Commission with respect to that contract, transaction, project or matter; and
is disregarded for the purpose of constituting a quorum of the Commission for such deliberation or decision.(3) For the purposes of this paragraph and paragraph 14(2), a member whose spouse, parent, step‑parent, son, adopted son, stepson, daughter, adopted daughter or stepdaughter has an interest in the contract, transaction, project or matter mentioned in sub‑paragraph (1) is deemed to be interested in the contract, transaction, project or matter.Salaries, fees and allowances payable to members of Commission
11. There are to be paid to the members of the Commission, out of the funds of the Commission, such salaries, fees and allowances as the Minister may determine.Procedure at meetings12.—
The Chairperson or any officer authorised by the Chairperson must, subject to any standing orders made by the Commission under sub‑paragraph (2), summon all meetings of the Commission for the despatch of business.(2) Subject to the provisions of this Act, the Commission may make standing orders to regulate its own procedure generally and, in particular, regarding the holding of meetings, the notice to be given of the meetings, the proceedings at the meetings, the keeping of minutes, the custody, production and inspection of the minutes, and the opening, keeping, closing and auditing of accounts.(3) Where not fewer than 4 members, by written notice signed by them, request the Chairperson to convene a meeting of the Commission for any purpose specified in the notice, the Chairperson must, within 7 days from the receipt of the notice, convene a meeting for that purpose.Quorum13.—
At every meeting of the Commission, one-third of the number of members or 4 members, whichever is the higher, constitutes a quorum and no business may be transacted unless a quorum is present.(2) The Chairperson or, in his or her absence, the Deputy Chairperson presides at meetings of the Commission, and if both the Chairperson and Deputy Chairperson are absent from any meeting or part of the meeting —
a member authorised in writing by the Chairperson; or
in any other case, such member as the members present may elect,presides at that meeting or part thereof.(3) A decision at a meeting of the Commission is to be adopted by a simple majority of the members present and voting except that, in the case of an equality of votes, the Chairperson or any other member presiding at the meeting has a casting vote in addition to his or her original vote.Transaction of business of Commission outside meetings14.—
Subject to the approval of a simple majority of all the members of the Commission, the Commission may transact any of its business by the circulation of papers among members of the Commission.(2) A member who is in any way, directly or indirectly, interested in the business being transacted by circulation of papers must disclose the nature of his or her interest in writing to the Chairperson at the first opportunity after the relevant facts have come to the member’s knowledge, which disclosure must be recorded and treated as having been made in accordance with paragraph 10, and that member must not take part in any deliberation or decision with respect to that business.(3) A decision in writing made by a simple majority of the members for the time being entitled to take part in the decision is taken to be a decision of the Commission, and is as valid and effectual as if it had been made at a meeting of the Commission duly convened and held.(4) Separate copies of a decision in writing may be distributed for signing by the members if the wording of the decision and approval is identical in each copy.(5) For the purpose of a decision under this paragraph, the Chairperson and each member have the same voting rights as they have at any meeting of the Commission.(6) The decision of the Commission is made when the last member of the Commission required for the majority signs and his or her decision is duly delivered in the manner provided in sub-paragraph (9).(7) The Chairperson may stipulate a period of time within which a decision may be made under this paragraph.(8) The Commission may deliberate on matters by the circulation of papers among all of the members of the Commission.(9) For the purposes of this paragraph, papers (including disclosures and decisions) may be circulated among members, or delivered to such officer or employee of the Commission as the Chairperson may designate, by hand or fax or electronic transmission of the information in the papers concerned.Validity of act or proceeding
15. No act or proceeding of the Commission is to be questioned on the ground —
of any vacancy in, or defect in the constitution of, the Commission;
of any defect in the appointment of any person acting as the Chairperson or as any other member;
of any omission, defect or irregularity in the procedure of the Commission not affecting the merits of the case; or
that any member has contravened paragraph 10 or 14(2).