Singapore legislation
Clause 26
Clause 26
Transitional provisions
(1)
Where a declaration has been made before the coming into operation of this Ordinance, under the provisions of subsection (1) of section 5 of the principal Ordinance, but an enquiry, under the provisions of section 10 of the principal Ordinance, has not been held, the declaration shall be deemed to have been made on the date of the coming into operation of this Ordinance.
(2)
Where a person interested (hereinafter in this Ordinance referred to as “the applicant”) has, before the coming into operation of this Ordinance, by written application required the matter to be referred to court —
if the Collector has not referred the matter to court —
the written application shall be deemed to be a written notice of appeal under the provisions of paragraph (a) of subsection (1) of section 23 of the principal Ordinance;
the deposit, required under the provisions of sub-paragraph (i) of paragraph (b) of subsection (1) of section 23 of the principal Ordinance, shall be deposited within twenty-eight days of the date of a written notice by the Collector;
the petition of appeal, required to be lodged under the provisions of paragraph (c) of subsection (1) of section 23 of the principal Ordinance, shall be lodged within eight weeks of the date of such notice; and
if the Collector has referred the matter to the court and proceedings have not commenced for the determination of such matter —
the proceedings shall be deemed to have been withdrawn with the leave of the court; and
the proceedings shall be deemed to be transferred to the Board as an appeal, under the provisions of section 23 of the principal Ordinance, but the appellant shall not be required to comply with the provisions of subsection (1) of section 23 of the principal Ordinance:Provided that the Collector shall not be precluded from applying to the Board, under the provisions of subsection (3) of section 25G of the principal Ordinance, to require the appellant to make a deposit with the Accountant-General for payment of the costs of the appeal.
(3)
For the purposes of paragraph (b) of subsection (2) of this section, proceedings shall be deemed not to have commenced in any case where the hearing for the determination of such matter has not commenced on the date of the coming into operation of this Ordinance.
(4)
An appeal to the Board, by virtue of the provisions of paragraph (a) or of paragraph (b) of subsection (2) of this section, shall be deemed to have been withdrawn if —
the deposit, required under the provisions of paragraph (b) of subsection (1) of section 23 of the principal Ordinance, is not deposited, within twenty-eight days, with the Accountant-General;
the petition of appeal is not lodged within the time prescribed by sub-paragraph (iii) of paragraph (a) of subsection (2) of this section; or
the deposit, required by an order, under the provisions of subsection (3) of section 25G of the principal Ordinance, is not deposited with the Accountant-General within the time specified by such an order.