In forceAmended2020 Revised Edition

Contents

Bus Services Industry Act 2015 · 2020 Revised Edition · Part 4A · Control of Designated Entities

28H. Appointment and removal of chief executive officer, chairperson, director, etc., of designated entity

Amended

Last amended by an amending law of 2024.

(1)

A licensee-designated operating entity must not, on or after the effective designation date, appoint or remove an individual as its chief executive officer, the chairperson of its board of directors or any of its directors, unless the licensee-designated operating entity has obtained the prior written approval of the LTA.

(2)

Each of the following persons must not, on or after the effective designation date, appoint or remove an individual as its chief executive officer or the chairperson of its board of directors unless the person has obtained the prior written approval of the LTA:

(a)

a non-licensee-designated operating entity or, in the case of a non-licensee-designated operating entity that is a business trust, its trustee-manager;

(b)

a designated equity interest holder or, in the case of a designated equity interest holder that is a business trust, its trustee-manager.

(3)

A person must not, on or after the effective designation date, be appointed as a manager of, or become a partner in, a limited liability partnership that is a designated entity unless the designated entity has obtained the prior written approval of the LTA.

(4)

A person must not, on or after the effective designation date, become a partner in a partnership that is a designated entity unless the person has obtained the prior written approval of the LTA.

(5)

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.

(6)

Any person who contravenes subsection (1), (2), (3) or (4), or who fails to comply with any condition imposed under subsection (5), shall be guilty of an offence.

(7)

This section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated entity or the trustee-manager of the designated entity in relation to which the application for approval under subsection (1), (2), (3) or (4) is made.

(8)

In this section —

(a)

a reference to a “licensee-designated operating entity” is to a designated operating entity that is also —

(i)

a bus operator holding a Class 1 bus service licence; or

(ii)

a licensee holding a bus depot licence or bus interchange licence; and

(b)

a reference to a “non-licensee-designated operating entity” is to a designated operating entity that is not a licensee-designated operating entity.

Terms defined in s 2

bus depot licence
Defined · s 2
“bus depot licence” means a bus depot licence granted (or deemed granted) under Part 4 to operate a bus depot specified in the licence;
Open s 2
bus interchange licence
Defined · s 2
“bus interchange licence” means a bus interchange licence granted (or deemed granted) under Part 4 to operate a bus interchange specified in the licence;
Open s 2
bus operator
Defined · s 2
“bus operator”, in relation to a bus service, means the person who operates the bus service, but does not include —(a)the LTA; or(b)a person who merely arranges for the registration of a bus, drives a bus or maintains or arranges for the maintenance of a bus;
Open s 2
business trust
Defined · s 2
“business trust” and “trustee-manager” have the meanings given by section 2 of the Business Trusts Act 2004;
Open s 2
chief executive officer
Defined · s 2
“chief executive officer”, in relation to a licensee, means an individual (by whatever name described) who —(a)is in the direct employment of, or acting for or by arrangement with, the licensee; or(b)is principally responsible for the management and conduct of the business of the licensee in operating a bus service, bus depot or bus interchange, as the case may be,and includes an individual for the time being performing all or any of the functions or duties of a chief executive officer;
Open s 2
Class 1 bus service licence
Defined · s 2
“Class 1 bus service licence” means a bus service licence authorising the operation of 10 or more regular route services specified in the licence;
Open s 2
designated entity
Defined · s 2
“designated entity” means a designated equity interest holder or a designated operating entity;
Open s 2
designated equity interest holder
Defined · s 2
“designated equity interest holder” means an entity that has been designated as a designated equity interest holder under section 28E;
Open s 2
designated operating entity
Defined · s 2
“designated operating entity” means an entity that has been designated as a designated operating entity under section 28E;
Open s 2
effective designation date
Defined · s 2
“effective designation date”, in relation to a designated entity, means the date specified under section 28E(3) as the date on which the designation of that entity as a designated operating entity or designated equity interest holder (as the case may be) takes effect;
Open s 2
licensee
Defined · s 2
“licensee” means a licensed bus operator, a licensed bus depot operator or a licensed bus interchange operator;
Open s 2
limited liability partnership
Defined · s 2
“limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005;
Open s 2
LTA
Defined · s 2
“LTA” means the Land Transport Authority of Singapore constituted under the Land Transport Authority of Singapore Act 1995;
Open s 2
partner
Defined · s 2
“partner”, in relation to a limited liability partnership, has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005;
Open s 2
trustee-manager
Defined · s 2
“business trust” and “trustee-manager” have the meanings given by section 2 of the Business Trusts Act 2004;
Open s 2

Report

Read on from s 28I

Part 5

Step-In Arrangements

Read on from Part 5

Part 5A

Special Administration Orders and Other Orders for Designated Operating Entities

Read on from Part 5A

Part 6

Enforcement and Monitoring Compliance

Read on from Part 6

Part 7

Appeals

Read on from Part 7

Part 7A

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

Read on from Part 7A

Part 8

Miscellaneous

Read on from Part 8