Clause 68

by deleting the words “Competition Commission of Singapore” in the long title and substituting the words “Competition and Consumer Commission of Singapore”;

by deleting the definition of “Commission” in section 2(1) and substituting the following definition:“ “Commission” means the Competition and Consumer Commission of Singapore established by section 3;”;

by deleting the words “COMPETITION COMMISSION OF SINGAPORE” in the Part heading of Part II and substituting the words “COMPETITION AND CONSUMER COMMISSION OF SINGAPORE”;

by deleting the words “Competition Commission of Singapore” in section 3 and in the section heading and substituting in each case the words “Competition and Consumer Commission of Singapore”;

by inserting, immediately after the words “competition matters” in section 6(1)(e), the words “and consumer protection matters”;

by inserting, immediately after paragraph (e) of section 6(1), the following paragraphs:“(ea)to promote fair trading practices among suppliers and consumers and enable consumers to make informed purchasing decisions in Singapore;

by deleting paragraph (f) of section 6(1) and substituting the following paragraph:“(f)to advise the Government, any public authority or any consumer protection organisation on national needs and policies in respect of competition matters and consumer protection matters generally; and”; and

by inserting, immediately after section 94, the following Part:“PART VIITRANSFER OF UNDERTAKINGS TO COMMISSIONInterpretation of this Part

legal or equitable interest in real or personal property, whether situated in Singapore or elsewhere;

chose in action;

money or securities;

plant and equipment, whether situated in Singapore or elsewhere;

intellectual property;

infrastructure, whether situated in Singapore or elsewhere;

records; and

right;“fair trading functions” means the following functions:

promoting fair trading among suppliers and consumers and enabling consumers to make informed purchasing decisions in Singapore;

preventing suppliers in Singapore from engaging in unfair trading practices;

advising the Government, any public authority or any consumer protection organisation on fair trading matters generally;

administering and enforcing the Consumer Protection (Fair Trading) Act (Cap. 52A);“liability”, in relation to the transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly and severally with any other person) of the transferor on the eve of the transfer date;“records”, in relation to the transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of the transferor existing on the eve of the transfer date;“right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date;“transfer date” means the date this Part comes into operation;“transferor” means the Standards, Productivity and Innovation Board established by the Standards, Productivity and Innovation Board Act (Cap. 303A).Transfer of undertakings to Commission96.—

On the transfer date, all the assets and liabilities of the transferor that relate solely or mainly to the fair trading functions are transferred to the Commission.(2) When any asset or liability of the transferor is transferred under subsection (1), the following provisions have effect:

the asset that is the subject of the transfer vests in the Commission by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance;

the liability that is the subject of the transfer becomes by virtue of this section the liability of the Commission;

all legal or other proceedings relating to that asset or liability started before the transfer date by or against the transferor (or a predecessor of the transferor) and pending immediately before that date are taken to be proceedings pending by or against the Commission;

any legal or other proceedings relating to that asset or liability which could have been started immediately before the transfer date by or against the transferor (or a predecessor of the transferor) may be started by or against the Commission;

a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor (or a predecessor of the transferor) relating to that asset or liability may be enforced by or against the Commission;

any document relating to legal or other proceedings relating to that asset or liability that has been served on or by the transferor (or a predecessor of the transferor) before the transfer date is taken, where appropriate, to have been served on or by the Commission;

any act, matter or thing done or omitted to be done before the transfer date in relation to that asset or liability by, to or in respect of the transferor (or a predecessor of the transferor) is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Commission;

a reference to the transferor (or a predecessor of the transferor) in any written law, any instrument made under any Act, any contract, agreement, arrangement or undertaking, or any document of any kind, to the extent to which the reference relates to that asset or liability, is taken to be, or to include, a reference to the Commission;

any agreement relating to that asset or liability and to which the transferor (or a predecessor of the transferor) is a party becomes enforceable by or against the Commission.(3) The operation of this section does not —

constitute a breach of, or default under, any Act or other law or otherwise a civil wrong or criminal wrong;

constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way);

constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information;

terminate an agreement or fulfil any condition that allows a person to terminate any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation;

frustrate any contract or cause any contract or instrument to be void or otherwise unenforceable;

release any surety, other obligor or other obligee wholly or in part from any obligation; or

constitute an event of breach of, or default under, any contract or other instrument.Transfer of employees to Commission97.—

On the transfer date, every employee of the transferor in the Consumer Protection Weights & Measures Division who performs solely or mainly the fair trading functions —

stops being an employee of the transferor; and

is each transferred to the service, and becomes an employee, of the Commission on terms no less favourable than those enjoyed by the employee on the eve of the transfer date.(2) A certificate signed by the Minister certifying whether an individual named in the certificate has been transferred to the service of the Commission under subsection (1) is admissible in evidence in any proceedings as proof of the matters stated in the certificate.(3) The transfer of an employee of the transferor to the Commission under subsection (1) —

does not interrupt continuity of the employee’s service;

does not constitute a retrenchment or redundancy of the employee’s employment by the transferor; and

does not entitle the employee to any compensation or other payment or benefit merely because he or she stops being employed by the transferor.(4) Nothing in this section prevents —

any of the terms and conditions of employment of an individual transferred to the service of the Commission under subsection (1) from being altered by or under any law, award or agreement with effect from any time after the transfer date; and

an individual transferred to the service of the Commission under subsection (1) from resigning from such service any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable.(5) To avoid doubt, section 18A of the Employment Act (Cap. 91) does not apply to the transfer under this Part of any employee of the transferor to the Commission.General preservation of employment terms, etc.98.—

When an employee of the transferor is transferred to the service of the Commission under section 97 (called in this section a transferred employee), the transferred employee’s service with the Commission must be regarded for all purposes as having been continuous with his or her service with the transferor immediately before the transfer date.(2) On the transfer date —

a transferred employee retains all accrued rights as if his or her employment with the Commission were a continuation of employment with the transferor;

the liabilities of the transferor relating to the transferred employee’s accrued rights to leave and superannuation become the liabilities of the Commission; and

a reference in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Commission.(3) Until such time as the Commission draws up the terms and conditions of employment for the transferred employee, the Commission is to be regarded as employing the transferred employee on the same terms and conditions of his or her employment with the transferor on the eve of the transfer date.(4) Any term or condition of employment drawn up by the Commission relating to the length of service of the transferred employee with the Commission must recognise the length of service of that employee with the transferor (including any previous service that is taken to be service with the transferor) to be service with the Commission.(5) For any conduct of the transferred employee when he or she was employed by the transferor which would have rendered that employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Commission may —

start any disciplinary proceedings against the employee;

carry on and complete any disciplinary proceedings started by the transferor against that employee if those proceedings are pending on the eve of the transfer date; and

reprimand, reduce in rank, retire, dismiss or otherwise punish the employee as if the Commission were the transferor.(6) Where on the eve of the transfer date, any matter about the conduct of the transferred employee during his or her employment with the transferor concerned —

was in the course of being heard or investigated by a committee of that transferor acting under due authority; or

had been heard or investigated, but no order, ruling or direction had been made, by that committee,that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Commission.Transfer of records

If any dispute arises —

as to whether an asset or a liability, or an employee or a record, is transferred under section 96, 97 or 99; or

as to whether any, or part of any, contract or document relates to an asset or a liability, or an employee or a record, transferred under section 96, 97 or 99,the Minister charged with the responsibility for finance may determine the matter and must provide the concerned parties with written notice of that determination.(2) The determination of the Minister charged with the responsibility for finance under subsection (1) is final and binding on the transferor and the Commission.”.