Singapore legislation
Clause 7
Clause 7
New sections 5A to 5D
The principal Act is amended by inserting, immediately after section 5, the following sections:“Directions by Minister5A.—
The Minister may, after consulting with the Council or otherwise, give to the Council such directions, not inconsistent with the provisions of this Act, as to the performance and exercise by the Council of its functions, duties and powers under this Act or any other written law as the Minister may consider necessary.(2) The Council must give effect to all directions given under subsection (1).Appointment of committees and delegation5B.—
The Council may appoint from among its own members or from other persons who are not members such number of committees as it thinks fit for purposes which, in the opinion of the Council, would be better regulated and managed by means of such committees.(2) The Council may, subject to such conditions or restrictions as it thinks fit, delegate any of the functions, duties or powers of the Council under this Act or any other written law to —
the Chairman or Chief Executive;
any committee appointed under subsection (1); or
any member, officer or employee of the Council.(3) However, the Council is not authorised by subsection (2) to delegate any of the following powers:
the power of delegation conferred by this section;
the power to make any subsidiary legislation under this Act;
any function, duty or power conferred by any provision in Part V. (4) Any function, duty or power delegated under subsection (2) to any committee or person may be performed or exercised by the committee or person to whom it has been delegated in the name and on behalf of the Council.(5) No delegation under this section prevents the performance or exercise of any function, duty or power by the Council.Appointment of Chief Executive, officers, employees, etc.5C.—
The Council must, with the approval of the Minister, appoint a Chief Executive on terms and conditions determined by the Council.(2) The Chief Executive —
is responsible to the Council for the proper administration and management of the functions, duties and affairs of the Council in accordance with the policy laid down by the Council; and
is not to be removed from office without the consent of the Minister.(3) Where the Chief Executive is temporarily absent from Singapore or temporarily incapacitated by reason of illness, or is for any other reason temporarily unable to perform his duties, a person may be appointed by the Council to act in the place of the Chief Executive during any such period of absence from duty.(4) The Chief Executive may be known by such designation as the Council determines.(5) The Council may employ on such terms and conditions as the Council may determine other officers and employees necessary for the effective performance of its functions and discharge of its duties under this Act or any other written law.Preservation of secrecy5D.—
Except for the purpose of the performance of his duties, or the exercise of his functions or when lawfully required to do so by any court or under the provisions of any written law, an individual who is or has been —
a member, an officer, an employee or an agent of the Council;
a member of a committee of the Council; or
an inspector,must not disclose any information relating to the affairs of the Council or of any other person which has been obtained by the individual in the performance of the individual’s duties or the exercise of the individual’s functions under this Act.(2) Any individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.”.