Clause 5

The Council consists of at least 15 but not more than 27 members.(2) The members of the Council are —

a Chairperson to be appointed by the Minister;

the Chief Executive Officer;

the chairperson of the Community Chest;

subject to subsections (1) and (4), at least 7 members to be appointed by the Minister, from a list of nominees to be submitted by the Chairperson; and

subject to subsections (1) and (4), any number of other members to be appointed by the Minister.(3) The list of nominees to be submitted by the Chairperson to the Minister under subsection (2)(d) must consist of persons nominated by sector members, except that the Chairperson may exclude any nominee whose nomination does not meet the prescribed requirements in regulations made under section 37(2)(ba).(4) The number of members appointed under subsection (2)(d) must be at least half of the total number of members, excluding the Chairperson.Appointment of members of Council5A.—

Every appointment of a member of the Council mentioned in section 5(2)(a), (d) or (e) must be made by instrument in writing given to the member.(2) The instrument must state —

the term of the appointment (which must not be longer than 3 years); and

the date the appointment takes effect (which must not be a date earlier than the date the member receives the instrument).(3) A member of the Council mentioned in section 5(2)(a), (d) or (e) may be re‑appointed.Membership disqualification5B.—

In appointing members of the Council, the Minister must have regard to whether the members of the Council will collectively possess the appropriate knowledge, skills and experience for the Council to perform its functions effectively.(2) However, the following individuals are disqualified to be or from being a member of the Council mentioned in section 5(2)(a), (d) or (e):

an employee of the Council (other than the Chief Executive Officer);

a Judge or judicial officer;

an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors;

an individual who has been convicted of an offence involving dishonesty, fraud or moral turpitude and has not received a free pardon;

an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon;

an individual who is —

disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (whether directly or indirectly) in the management, of a company during the period of disqualification in that provision;

disqualified by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 from being a director, or in any way (whether directly or indirectly) being concerned in, or taking part in, the management, of a company during the period of disqualification in the court order;

disqualified under section 58(1) of the Variable Capital Companies Act 2018 from acting as a director, or taking part (whether directly or indirectly) in the management, of a VCC during the period of disqualification in that provision; or

disqualified by a court order under section 56(1), 57(1) or 58(2) of the Variable Capital Companies Act 2018 from being a director, or in any way (whether directly or indirectly) being concerned in, or taking part in, the management, of a VCC during the period of disqualification in the court order;

an individual who lacks capacity in respect of his or her duties as a member, within the meaning of the Mental Capacity Act 2008, or in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008.(3) In this section —“company” has the meaning given by section 4(1) of the Companies Act 1967;“VCC” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018.Chairperson and Deputy Chairperson5C.—

The Minister may, by instrument in writing, appoint a member (other than the Chairperson or the Chief Executive Officer) to be the Deputy Chairperson of the Council for the period specified in the instrument.(2) The Chairperson or Deputy Chairperson holds office until whichever of the following happens first:

his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires;

he or she ceases to hold office as a member of the Council;

the Minister terminates his or her appointment as Chairperson or Deputy Chairperson, as the case may be.(3) Subject to section 5E, the Deputy Chairperson has and may perform all the functions and exercise all the powers of the Chairperson in relation to a matter if —

the Chairperson is unavailable; or

the Chairperson is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter.Premature vacancies5D.—

If a premature vacancy occurs in the office of any member of the Council, the Minister may, subject to sections 5, 5A and 5B, appoint an individual to fill the vacancy and hold that office for the remainder of the term for which the vacating member was appointed.(2) In this section, “premature vacancy”, for an office, means a vacancy that occurs in that office by virtue of section 5J(1) or for any reason other than the expiry of the term of the office.Acting Chairperson and members of Council5E.—

The Minister may appoint a member of the Council (other than the Chief Executive Officer) to act temporarily as the Chairperson during any period, or during all periods, when the Chairperson is —

absent from duty or Singapore; or

for any reason, unable to perform the duties of the office.(2) The Minister may appoint an individual to act temporarily as a member of the Council (other than the Chairperson) during any period, or during all periods, when a member is —

absent from duty or Singapore; or

for any reason, unable to perform the duties of the office.(3) An individual is ineligible for appointment under this section to act as the Chairperson or a member of the Council if the individual is disqualified under section 5B(2) for appointment as a member of the Council.(4) The Minister may, at any time and without giving any reason, revoke the appointment of a person made under subsection (1) or (2).(5) The Minister may specify other terms and conditions of appointment in writing when making an appointment under subsection (1) or (2).Removal of member of Council5F.—

The Minister may, at any time and without giving any reason, remove a member of the Council mentioned in section 5(2)(a), (d) or (e) from office.(2) Every removal under subsection (1) must be made by written notice given to the member with a copy to the Council.(3) The notice must state the date the removal takes effect, which must not be a date earlier than the date the member receives the notice.Resignation from office5G.—

A member of the Council (other than the Chief Executive Officer or the chairperson of the Community Chest) may resign his or her office by written notice to the Minister (with a copy to the Council) signed by the member.(2) The resignation is effective when the notice in subsection (1) is received by the Minister or at any later time specified in the notice.Validity of acts, etc.5H.—

Despite section 33 of the Interpretation Act 1965, the performance of any function or exercise of any power by the Council is not affected merely because at the relevant time —

there was a vacancy in the membership of the Council, including a vacancy arising from the failure to appoint a member;

there was some defect or irregularity existing in the appointment or continuance in office of an individual purporting to be a member of the Council; or

there was an irregularity in the Council’s decision‑making procedure that does not affect the merits of the decision made.(2) The acts of an individual as a member of the Council are not affected merely because —

there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Council; or

in the case of an individual acting in the capacity of the Chairperson, a member or the Chief Executive Officer, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended.Remuneration, etc.5I.—

Subject to subsection (2), the members of the Council may be paid, out of the funds of the Council, such salaries, fees and allowances as the Minister may from time to time determine.(2) The members of the Council must not be paid salaries, fees or allowances from funds administered by the Council for charitable purposes.Vacation of office5J.—

A member of the Council ceases to hold office if he or she —

dies;

is adjudicated a bankrupt or makes an arrangement with any of his or her creditors;

becomes otherwise disqualified from being a member under section 5B(2);

is removed from office in accordance with section 5F;

resigns in accordance with section 5G;

fails without reasonable cause to disclose any interest required under Division 1 of Part 4 of the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Minister about that default;

fails to attend 3 consecutive meetings of the Council without the approval of the Council; or

is not re-appointed when his or her term of office expires.(2) A member of the Council is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.Other terms and conditions5K. The Minister may specify other terms and conditions of appointment of a member of the Council mentioned in section 5(2)(a), (d) or (e) in the instrument of appointment.”.