Clause 24

A special administration order is an order of the Minister made in accordance with section 91B in relation to an employer of an Auxiliary Police Force directing that, during the period for which the order is in force, all or any of the affairs, business and property of that employer is to be managed directly or indirectly by the Commissioner or any other person appointed by the Minister —

for securing one or more of the purposes of such an order set out in subsection (2); and

in a manner which protects the respective interests of the shareholders and creditors of that employer.(2) The purposes referred to in subsection (1)(a) are —

the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally;

the survival of the employer of the Auxiliary Police Force or the whole or part of its business, as a going concern;

the transfer to one or more other employers of Auxiliary Police Forces, as a going concern, of such part of the business or undertaking of a transferor employer of the Auxiliary Police Force as is necessary in order to ensure that the functions and duties which have been vested in the transferor employer of the Auxiliary Police Force may be properly carried out; and

the carrying out of the functions and duties which have been vested in the employer of the Auxiliary Police Force pending the transfer to and the vesting of those functions and duties in one or more other employers of Auxiliary Police Forces.(3) The Minister may make regulations under section 104 for giving effect to this Division, including —

regulations governing the transfer of the business or undertaking of the Auxiliary Police Force referred to in subsection (2)(c); and

where a special administration order is made, for applying, omitting or modifying the provisions of Part 7 of the Insolvency, Restructuring and Dissolution Act 2018.Power to make special administration order, etc.91B.—

If, on an application made to the Minister by the Commissioner, the Minister is satisfied in relation to any employer of an Auxiliary Police Force that any one or more of the grounds specified in subsection (2) are satisfied in relation to that employer, the Minister may make any one or both of the following orders:

a special administration order in relation to that employer;

an order appointing a person to advise the employer in the proper conduct of that part of its business or undertaking.(2) The grounds referred to in subsection (1) are —

the employer is or is likely to be unable to pay its debts;

the occurrence of a public emergency;

the Minister considers it in the interest of the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally; and

the Minister considers it in the public interest.(3) The Minister may make a special administration order in relation to an employer of an Auxiliary Police Force despite the commencement of (if applicable) —

any proceedings relating to the making of an order under section 210 of the Companies Act or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the employer of the Auxiliary Police Force that is a company;

any proceedings relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to the employer of the Auxiliary Police Force that is a company;

any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the employer of the Auxiliary Police Force that is a company;

any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the employer of the Auxiliary Police Force that is a company or an unregistered company;

any proceedings under the Limited Liability Partnerships Act relating to the winding up of the affairs of the employer of the Auxiliary Police Force that is a limited liability partnership; or

any proceedings before any court for the dissolution, winding up or termination (as the case may be) of the employer of the Auxiliary Police Force if it is an entity not mentioned in paragraph (d) or (e).(4) Notice of any application under subsection (1) is to be given immediately by the Commissioner to such persons and in such manner as may be determined by the Commissioner.(5) Any order made by the Minister under subsection (1) must be published in such manner as will secure adequate publicity.(6) Any decision of the Minister under subsection (1) is final.(7) An employer of an Auxiliary Police Force issued with an order under subsection (1) must comply with that order.(8) For the purposes of this section —

an employer of an Auxiliary Police Force that is a company is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018;

an employer of an Auxiliary Police Force that is an unregistered company is unable to pay its debts if it is deemed to be unable to pay its debts under section 246(2) of the Insolvency, Restructuring and Dissolution Act 2018; and

an employer of an Auxiliary Police Force that is a limited liability partnership is unable to pay its debts if it is deemed to be unable to pay its debts under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act.Remuneration and expenses of persons appointed by Minister91C.—

Where a special administration order has been made under section 91B(1)(a), the Commissioner may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the employer of the Auxiliary Police Force to a person appointed by the Minister.(2) The Commissioner may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by an employer of an Auxiliary Police Force to any person appointed by the Minister under section 91B(1)(b) to advise the employer of the Auxiliary Police Force in the proper conduct of the business or undertaking.”.