Singapore legislation

Clause 8

of National Council of Social Service (Amendment) Bill

Clause 8

Replacement of section 14 and new section 14A

In the principal Act, replace section 14 with —“Appointment of committees, etc.14.—

(1)

The Council may, by resolution, appoint such number of committees as the Council thinks fit for purposes which, in the opinion of the Council, would be better regulated and managed by means of such committees.(2) A committee appointed under this section may consist of such individuals as the Council thinks fit, and may include individuals who are not members of the Council.(3) Without limiting subsection (1), the Council may appoint committees —

(a)

to advise the Council on matters relating to the Council’s functions and powers that are referred to the committee by the Council; or

(b)

to perform any function or exercise any power of the Council that is delegated to the committee.(4) An individual may not be appointed as a member of a committee unless, before appointment, he or she discloses to the Council the details of any interest (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) the individual may have if he or she were a member of that committee.(5) Subject to this Act, the Public Sector (Governance) Act 2018 and any restrictions imposed by the Council by resolution, a committee appointed under this section may regulate its own proceedings and business.(6) Section 5H applies, with the necessary modifications, to a committee and the members of the committee or individuals purporting to be members of the committee.Ability to delegate, etc.14A.—

(1)

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

(a)

a member of the Council;

(b)

the Chief Executive Officer or an employee of the Council;

(c)

a committee of the Council appointed under section 14;

(d)

a company that is incorporated in Singapore and is a subsidiary of the Council.(2) A delegation under subsection (1) must be by resolution and 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 Council, does not affect or prevent the performance of any function or the exercise of any power by the Council;

(b)

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

(c)

is not affected by any change in the membership of a committee appointed under section 14 (where the committee is the delegate); and

(d)

is not affected by any change in the individual appointed as the Chief Executive Officer or holding any specified office in the Council (where the delegate is the Chief Executive Officer or the holder of the specified office).(5) For the purposes of subsection (1)(d), a company is a subsidiary of the Council if —

(a)

the Council is the sole member of that company; or

(b)

the Council, as a member of that company, holds more than half of the voting power in that company.(6) A delegate who purports to perform a function or exercise a power under delegation —

(a)

is taken to do so in accordance with the terms of the delegation under this section, unless the contrary is shown; and

(b)

must produce evidence of the delegation, if reasonably required to do so.”.

Clause 8 — National Council of Social Service (Amendment) Bill