Singapore legislation
Clause 34
of Gas Bill
Clause 34
Power to make special administration order, etc.
(1)
If, on an application made to the Minister by the Authority, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to a gas transporter, the Minister may make any one or more of the following orders:
a special administration order in relation to the gas transporter;
an order requiring the gas transporter immediately to take any action or to do or not to do any act or thing in relation to its licensed gas business as the Minister may consider necessary;
an order appointing a person to advise the gas transporter on the proper conduct of its licensed gas business.
(2)
The grounds referred to in subsection (1) are —
the gas transporter is or is likely to be unable to pay its debts;
the occurrence of a public emergency;
the Minister considers it in the interest of the security and reliability of the conveyance of gas to consumers’ premises; or
the Minister otherwise considers it in the public interest.
(3)
Notice of any application under subsection (1) shall be given immediately by the Authority to such persons and in such manner as may be determined by the Authority.
(4)
Any decision of the Minister under subsection (1) shall be final.
(5)
For the purposes of this section, a gas transporter, being a company, is unable to pay its debts if it is deemed to be so unable under section 254(2) of the Companies Act (Cap. 50).
(6)
Notwithstanding any written law —
a gas transporter shall not be wound up voluntarily without the consent of the Authority;
no judicial management order under Part VIIIA of the Companies Act shall be made in relation to a gas transporter;
no step shall be taken by any person to enforce any security over a gas transporter’s property except where that person has served 14 days’ notice of his intention to take that step on the Authority; and
no step shall be taken by any person to execute or enforce a judgment or order of court obtained against a gas transporter, except where that person has served 14 days’ notice of his intention to take that step on the Authority.
(7)
The Authority shall be a party to any proceedings under the Companies Act relating to the winding up of the affairs of a gas transporter.