Singapore legislation

Clause 2

of Housing and Development (Amendment) Bill

Clause 2

Repeal and re-enactment of section 42

Section 42 of the Housing and Development Act (hereinafter in this Act referred to as “the principal Act”) is hereby repealed and the following substituted therefor: —“Special provisions42.—

(1)

Where —

(a)

a flat is sold by the Board to any person under the provisions of this Part; or

(b)

any estate or interest in such flat is —

(i)

subsequently transferred by or to any person with the written consent of the Board; or

(ii)

surrendered to the Board,and a solicitor is not employed by such person to act for him in the transaction, the Board may by its duly authorised officer act for such person.(2) Where the Board acts for such person as is mentioned in subsection (1) of this section then for the purposes of the registration of any instrument relating to the sale of the flat or the aforesaid transaction in respect of the flat —

(a)

in the case of an instrument which is required to be registered under the Registration of Deeds Act (Cap. 281), section 12 of that Act shall not apply if a duly authorised officer of the Board certifies that such flat has been sold under the provisions of this Part; and

(b)

in the case of an instrument which is required to be registered under the provisions of the Land Titles Act (Cap. 276), a certificate of an officer of the Board duly authorised by the Board to act for such person mentioned in subsection (1) of this section shall be sufficient for the purposes of subsection (4) of section 50 of that Act.(3) For the purposes of this section —“flat” means any flat, house or other building or living accommodation sold by the Board under the provisions of this Part;“transfer”, with reference to a flat, means the conveyance, sale, purchase, assignment, mortgage, charge or the disposal in any manner of any estate or interest in a flat and includes a discharge of a mortgage, or a reconveyance, or the devolution of the rights of a deceased owner of a flat to another person, and “is transferred” shall be construed accordingly.(4) The provisions of section 35 of the Legal Profession Act (Cap. 217) shall not apply to any officer of the Board acting for any party to the transactions referred to in subsection (1) of this section.”.

Clause 2 — Housing and Development (Amendment) Bill