In forceAmended2020 Revised Edition

Contents

Civil Aviation Authority of Singapore Act 2009 · 2020 Revised Edition · Part 5 · Control of Ownership and Management, Etc., of Airport Licensees and Designated Entities

67. Appointment of chief executive officer, chairperson, director, etc., of designated entity

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Amended

Last amended by an amending law of 2024.

(1)

A Class 1 designated operating entity or, in the case of a Class 1 designated operating entity that is a business trust, its trustee-manager, must not, on or after the effective designation date, appoint an individual as its chief executive officer, the chairperson of its board of directors or any of its directors, unless the Class 1 designated operating entity or the trustee-manager (as the case may be) has obtained the prior written approval of the Authority.

(2)

A Class 2 designated operating entity or designated equity interest holder or, in the case of a Class 2 designated operating entity or designated equity interest holder that is a business trust, its trustee-manager, must not, on or after the effective designation date, appoint an individual as its chief executive officer or the chairperson of its board of directors unless the Class 2 designated operating entity, designated equity interest holder or trustee-manager (as the case may be) has obtained the prior written approval of the Authority.

(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 Authority.

(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 Authority.

(5)

The Authority may —

(a)

grant an approval under this section subject to any conditions that the Authority 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.

Terms defined in this Act

agreement
Defined · s 2
“agreement” means any agreement, whether formal or informal and whether express or implied;
Open s 2
Authority
Defined · s 2
“Authority” means the Civil Aviation Authority of Singapore established under the Civil Aviation Authority of Singapore Act as in force immediately before 1 July 2009 and reconstituted by this Act;
Open s 2
business trust
Defined · s 56A
“business trust” has the meaning given by section 2 of the Business Trusts Act 2004;
Open s 56A
Chairperson
Defined · s 2
“Chairperson” means the Chairperson of the Authority and includes any temporary Chairperson of the Authority;
Open s 2
chief executive officer
Defined · s 56A
“chief executive officer”, in relation to a designated entity or the trustee-manager of a designated entity, means an individual (by whatever name called) who —(a)is in the direct employment of, or acting for or by arrangement with, the designated entity or trustee-manager, as the case may be; and(b)is principally responsible for the management and conduct of the designated entity or trustee-manager, as the case may be,and includes any individual for the time being performing all or any of the functions of a chief executive officer;
Open s 56A
Class 1 designated operating entity
Defined · s 56A
“Class 1 designated operating entity” means a designated operating entity that is also an airport licensee or a designated business trust;
Open s 56A
Class 2 designated operating entity
Defined · s 56A
“Class 2 designated operating entity” means a designated operating entity that is neither an airport licensee nor a designated business trust;
Open s 56A
designated entity
Defined · s 56A
“designated entity” means a designated equity interest holder or a designated operating entity;
Open s 56A
designated equity interest holder
Defined · s 56A
“designated equity interest holder” means an entity that has been designated as a designated equity interest holder under section 64;
Open s 56A
effective designation date
Defined · s 56A
“effective designation date”, in relation to a designated entity, means the date specified under section 64(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 56A
limited liability partnership
Defined · s 72
“limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005;
Open s 72
trustee‑manager
Defined · s 56A
“trustee‑manager” has the meaning given by section 2 of the Business Trusts Act 2004;
Open s 56A