Singapore legislation

Clause 38

Ability to delegate

(1)

The Agency may delegate any of its functions or powers, either generally or specially and subject to such conditions or restrictions as it thinks fit, to any of the following persons:

(a)

a member of the Agency;

(b)

the Chief Executive or an employee of the Agency;

(c)

a committee of the Agency that includes at least one member of the Agency;

(d)

a company that is incorporated in Singapore and is a subsidiary of the Agency.

(2)

A delegation under subsection (1) must be by written notice given to the delegate.

(3)

Subsection (1) does not apply to —

(a)

the power to make subsidiary legislation conferred by this Act or any other Act;

(b)

the power to delegate conferred by this section; or

(c)

any function or power under this Act or any other Act that is declared by this Act or that other Act to be non-delegable.

(4)

A delegation in accordance with this section —

(a)

except as otherwise provided in this Act or any other Act administered by the Agency, does not affect or prevent the performance of any function or the exercise of any power by the Agency;

(b)

is not affected by any change in the membership of the Agency;

(c)

is not affected by any change in the membership of a committee (where the committee is the delegate), so long as the committee includes at least one member of the Agency; or

(d)

is not affected by any change in the individual appointed as the Chief Executive or holding any specified office in the Agency (where the delegate is the Chief Executive or the holder of the specified office).

(5)

For the purposes of subsection (1)(d), a company is a subsidiary of the Agency if —

(a)

the Agency is the sole member of that company; or

(b)

the Agency, as a member of that company, holds more than half of the voting power in that company.

Read in full context — Government Technology Agency Bill →