Singapore legislation

Schedule 1

of Civil Aviation Authority of Singapore Bill

Schedule 1

Constitution and proceedings of Authority

FIRST SCHEDULESection 6(2)Constitution and proceedings of AuthorityAppointment of Chairman, Deputy Chairman and other members1.—

(1)

The Chairman and other members of the Authority shall be appointed by the Minister.(2) The Minister may appoint one of the members to be the Deputy Chairman; and the Deputy Chairman so appointed may, subject to such directions as may be given by the Chairman, exercise all or any of the powers exercisable by the Chairman under this Act.(3) The Minister may appoint the Chief Executive to be a member of the Authority.Tenure of office of members

2. A member shall hold office on such conditions and for such term as the Minister may determine and shall be eligible for reappointment.Temporary members

3. The Minister may appoint any person to be a temporary member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of any member.Temporary Chairman, Deputy Chairman and other members

4. The Minister may appoint any member to be a temporary Chairman or temporary Deputy Chairman during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairman or the Deputy Chairman, as the case may be.Revocation of appointment

5. The Minister may, at any time, revoke the appointment of the Chairman or the Deputy Chairman or any member; and in exercising his power under this paragraph, the Minister shall not be required to assign any reason for the revocation.Resignation

6. Any member may resign from his appointment at any time by giving not less than one month’s notice in writing to the Minister.Chairman may delegate functions

7. The Chairman may, by instrument in writing and subject to such conditions or restrictions as he thinks fit, authorise any member to exercise any power or perform any function conferred on the Chairman by or under this Act.Vacation of office

8. The office of a member shall be vacated if he —

(a)

has been absent, without leave of the Authority, from 3 consecutive meetings of the Authority; or

(b)

becomes in any manner disqualified for membership of the Authority.Filling of vacancies

9. If a member resigns, dies or has his appointment revoked or otherwise vacates his office before the expiry of the term for which he has been appointed, the Minister may appoint a person to fill the vacancy for the residue of the term for which the vacating member was appointed.Leave of absence

10. The Minister may grant to the Chairman or any member such leave of absence as the Minister may think fit.Disqualification from membership

11. No person shall be appointed or shall continue to hold office as a member if he —

(a)

is an undischarged bankrupt or has made any arrangement or composition with his creditors;

(b)

is incapacitated by physical or mental illness; or

(c)

has been sentenced to imprisonment for a term of not less than 6 months and has not received a free pardon.Disclosure of interest by members12.—

(1)

Subject to sub-paragraph (2), if a member has a pecuniary interest, direct or indirect, in any transaction or project of the Authority, or a transaction or project involving an airport operator company or an associate of an airport operator company, he —

(a)

shall disclose the nature of his interest at the first meeting of the Authority at which he is present after the relevant facts have come to his knowledge;

(b)

shall not take part in the consideration or discussion of, or vote on any question with respect to, that transaction or project; and

(c)

if the Chairman or the person presiding at that meeting so directs, shall withdraw from the meeting during the consideration or discussion.(2) A disclosure under sub-paragraph (1) shall be recorded in the minutes of the Authority.(3) For the purpose of this paragraph, a pecuniary interest of any spouse, parent, son or adopted son, or daughter or adopted daughter, of a member shall be presumed to be a pecuniary interest of the member.(4) For the purpose of determining whether there is a quorum, a member shall be treated as being present at a meeting notwithstanding that under sub-paragraph (1) he cannot vote or has withdrawn from the meeting.Salaries, etc., payable to members

13. There shall be paid to the Chairman and other members, out of the funds of the Authority, such salaries, fees and allowances as the Minister may from time to time determine.Meetings of Authority14.—

(1)

The Authority shall meet for the despatch of business at such times and places as the Chairman may from time to time appoint.(2) At every meeting of the Authority, one-third of the membership or 3 members, whichever is the higher, shall form a quorum.(3) A decision at a meeting of the Authority shall be adopted by a simple majority of the members present and voting except that in the case of an equality of votes the Chairman or member presiding shall have a casting vote in addition to his original vote.(4) The Chairman or in his absence the Deputy Chairman shall preside at meetings of the Authority.(5) Where both the Chairman and the Deputy Chairman are absent at a meeting, such member as the members present may elect shall preside at that meeting.(6) Where not less than 4 members of the Authority request the Chairman by notice in writing signed by them to convene a meeting of the Authority for any purpose specified in the notice, the Chairman shall, within 7 days from the receipt of the notice, convene a meeting for that purpose.(7) The Chairman may hold a meeting of the Authority, or permit any member to take part in a meeting, by using any technology that reasonably allows the member to hear and participate in discussions as they happen, and such a member who so participates in the meeting shall be taken to be present at the meeting.(8) The Chairman may permit the participation of a member under sub-paragraph (7) subject to such requirements as to confidentiality or such other conditions as he may think fit.Transaction of business by Authority outside meetings15.—

(1)

The Authority may, if it thinks fit, transact any of its business by the circulation of papers among members of the Authority.(2) A member who is in any way, directly or indirectly, interested in the business being transacted by circulation of papers shall disclose the nature of his interest in writing to the Chairman at the first opportunity after the relevant facts have come to his knowledge, which disclosure shall be recorded and treated as having been made in accordance with paragraph 12, and that member shall not take part in the decision with respect to that transaction.(3) A decision in writing made by a simple majority of the members for the time being entitled to take part in the decision in respect thereof shall be taken to be a decision of the Authority, and shall be as valid and effectual as if it had been made at a meeting of the Authority 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 Chairman and each member shall have the same voting rights as they have at any meeting of the Authority.(6) The decision of the Authority shall be made when the last member thereof required for the majority signs and his decision is duly delivered to the secretary appointed under paragraph 19.(7) The Chairman may stipulate a period of time within which a decision may be made under this paragraph.(8) The Authority may, if it thinks fit, deliberate on matters by the circulation of papers among all of the members of the Authority.(9) For the purposes of this paragraph, papers (including disclosures and decisions) may be circulated among members or delivered to the secretary appointed under paragraph 19 by hand or facsimile or electronic transmission of the information in the papers concerned.Vacancies

16. The Authority may act notwithstanding any vacancy in its membership.Procedure at meetings

17. Subject to the provisions of this Act, the Authority may make rules to regulate its own procedure generally, and in particular, regarding the holding and proceedings of meetings, the notice to be given of such meetings, the keeping of minutes and the custody, production and inspection of such minutes.Validity of proceedings

18. The validity of any proceedings of the Authority shall not be affected by any defect in the appointment of any member or by any contravention of paragraph 12 by any member.Secretary of Authority

19. The Authority may appoint an employee thereof to be the secretary of the Authority, who shall be responsible, in accordance with such instructions as may be given to him by the Chairman of the Authority, for arranging the business for, and keeping the minutes of, the meetings of the Authority and for conveying the decisions of the Authority to the appropriate person or authority and shall have such other functions as the Chairman may, from time to time, direct.