Singapore legislation

Clause 27

of COVID-19 (Temporary Measures) Bill

Clause 27

Alternative arrangements for meetings

(1)

Where personal attendance at any meeting or class of meetings is provided for in any written law or legal instrument, the Minister may, if the Minister considers that it would be inexpedient or impracticable for the meeting or class of meetings to be convened, held or conducted in the manner provided for in the written law or legal instrument in view of a control measure, by order prescribe alternative arrangements for the meeting or class of meetings.

(2)

The alternative arrangements that may be prescribed include —

(a)

provision for a meeting to be convened, held or conducted, whether wholly or partly, by electronic communication, video conferencing, tele‑conferencing or other electronic means;

(b)

provision of a period of notice for a meeting;

(c)

provision for the quorum for a meeting to be reduced to a specified number;

(d)

provision for voting by electronic means at a meeting;

(e)

provision for voting at a meeting to be made by proxy and for the number of proxies to be limited to a specified number;

(f)

provision for the person who may be appointed as proxy for a meeting;

(g)

provision for questions to be tabled at a meeting by any of the following means:

(i)

in writing;

(ii)

by electronic communication, video conferencing, tele‑conferencing or other electronic means;

(h)

provision for responses to questions mentioned in paragraph (g) to be communicated by electronic communication, video conferencing, tele‑conferencing or other electronic means;

(i)

provision for notices for a meeting and proxies to be used at a meeting, appointment forms for proxies for a meeting, and circulars and other documents relating to a meeting, to be given or sent by electronic communication or other electronic means;

(j)

provision for notices for a meeting to supersede any previous notice that may have been given;

(k)

provision for a meeting to be deferred; and

(l)

any other measures that the Minister considers necessary or expedient.

(3)

A meeting convened, held, conducted or deferred in accordance with the alternative arrangements prescribed by an order under subsection (1) is deemed to satisfy the requirements relating to the convening, holding, conduct or deferral of meetings under the relevant written law or legal instrument in respect of which the alternative arrangements were prescribed, despite anything to the contrary in any law or legal instrument.

(4)

Any notice, form, circular or other document given or sent in accordance with the alternative arrangements prescribed by an order under subsection (1) is deemed to satisfy the requirements relating to the notice, form, circular or other document under the relevant written law or legal instrument in respect of which the alternative arrangements were prescribed, despite anything to the contrary in any law or legal instrument.

(5)

An order under subsection (1) —

(a)

must identify the control measure in respect of which the order is made; (b)must be published in the Gazette;

(c)

may apply retrospectively to a date not earlier than the date that the control measure in respect of which the order was made came into force; and

(d)

may provide for saving and transitional arrangements beyond the period that the control measure in respect of which the order was made is in force.

(6)

This section does not apply to proceedings of Parliament or the courts.

(7)

In this section —

Definition

“control measure” means any control order made under Part 7 or any of the following that is related to the infectious disease known as Coronavirus Disease 2019:

(a)

a notification given under section 17(1) of the Infectious Diseases Act (Cap. 137);

(b)

an order made under section 17A(1) or (2) of that Act;

(c)

a notice given under section 18(1) of that Act;

(d)

a notice given under section 19(1)(a) of that Act;

(e)

an order made under section 20(1) of that Act; (f)a direction given under section 21(1) of that Act;

(g)

an order made under section 55(1)(g) or (i) of that Act;

(h)

regulations made under section 73 of that Act prescribing any measure prohibiting or limiting the meeting or gathering of individuals;

Definition

“legal instrument” means —

(a)

in the case of a company incorporated under the Companies Act — the constitution of the company;

(b)

in the case of a variable capital company incorporated under the Variable Capital Companies Act 2018 — the constitution of the variable capital company;

(c)

in the case of a trust (including a business trust as defined in section 2 of the Business Trusts Act) — the trust deed of the trust; (d)in the case of a society registered under the Societies Act (Cap. 311) — the rules of the society;

(e)

in the case of a co‑operative society registered under the Co‑operative Societies Act (Cap. 62) — the by‑laws of the co‑operative society;

(f)

in the case of a school to which the Education Act (Cap. 87) applies — the constitution, written scheme or deed of trust in accordance with which the school is managed;

(g)

in the case of a mutual benefit organisation registered under the Mutual Benefit Organisations Act (Cap. 191) — the rules of the mutual benefit organisation;

(h)

in the case of a Town Council established under the Town Councils Act (Cap. 329A) — the standing orders of the Town Council;

(i)

in the case of a trade union registered under the Trade Unions Act (Cap. 333) — the rules of the registered trade union;

(j)

in the case of a society or unincorporated association not mentioned in paragraphs (a) to (i) — the rules of the society or unincorporated association;

(k)

in the case of an entity not mentioned in paragraphs (a) to (i) — the entity’s constituting document, however called, and the entity’s governing rules and regulations, where applicable; and

(l)

any other legal instrument as may be prescribed,and includes a class of such legal instruments.

Clause 27 — COVID-19 (Temporary Measures) Bill | laws.sg