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In forceAmended2020 Revised Edition

Part 3 · Licensing of Bus Operators

19. Appointment and removal of chief executive officer, director, etc.

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Amended

Last amended by an amending law of 2024.

(1)

A bus operator holding a Class 1 bus service licence that is a company, limited liability partnership or other body corporate must not —

(a)

appoint or re-appoint an individual as its chief executive officer, or the chairperson of its board of directors or any of its directors; or

(b)

remove its chief executive officer or the chairperson of its board of directors or any of its directors,unless the licensee has obtained the prior written approval of the LTA.

(1A)

A person must not be appointed as a manager of, or become a partner in, a limited liability partnership that is a bus operator holding a Class 1 bus service licence, unless the licensee has obtained the prior written approval of the LTA.

(2)

A person must not become a partner in a partnership that is a bus operator holding a Class 1 bus service licence unless the person has obtained the prior written approval of the LTA.

(2A)

The LTA may —

(a)

grant an approval under this section subject to any conditions that the LTA considers appropriate to impose; and

(b)

at any time add to, vary or revoke any condition so imposed.

(3)

Where a person —

(a)

is appointed or re-appointed by a bus operator holding a Class 1 bus service licence as its chief executive officer, its director or the chairperson of its board of directors, in contravention of subsection (1);

(b)

is removed as the chief executive officer or the chairperson of the board of directors or any of its directors, in contravention of subsection (1); or

(c)

is appointed a manager of or becomes a partner in a limited liability partnership in contravention of subsection (1A), or becomes a partner in a partnership in contravention of subsection (2),the LTA may issue a direction to the licensee to do as follows (whichever is applicable), and the licensee must comply with that direction:

(d)

to remove that individual from the individual’s appointment as the chief executive officer or a director or the chairperson of the board of directors of the licensee;

(e)

to reinstate the individual as the chief executive officer or a director or the chairperson of the board of directors of the licensee; or

(f)

to remove that manager or partner.

(4)

This section has effect despite the provisions of any other written law and the provisions of the memorandum or articles of association, limited liability partnership, partnership contract or other constitution, of the bus operator holding the Class 1 bus service licence.

(5)

Nothing in subsection (3) is to be taken as depriving a person who is removed under that subsection of compensation or damages payable to the person in respect of the termination of the person’s appointment as a chief executive officer, director or chairperson of the board of directors or the person’s removal as a manager or partner.

(6)

This section does not apply to or in relation to any bus operator holding a Class 1 bus service licence that has been designated as a designated operating entity, starting on its effective designation date and while it remains so designated.

Report

Part 4

Licensing of Bus Depot or Bus Interchange Operators

Part 4A

Control of Designated Entities

Part 5

Step-In Arrangements

Part 5A

Special Administration Orders and Other Orders for Designated Operating Entities

Part 6

Enforcement and Monitoring Compliance

Part 7

Appeals

Part 7A

Conduct of Individuals on Buses and at Bus Depots and Bus Interchanges

Part 8

Miscellaneous

Schedules