Schedule 1
Constitution and proceedings of Authority
of Energy Market Authority of Singapore Act 2001
FIRST SCHEDULESection 5Constitution and proceedings of AuthorityAppointment of Chairperson and members1.—
The Chairperson and other members of the Authority must be appointed by the Minister and hold office for such period and on such terms and conditions as the Minister may determine.
The Minister may appoint the Chief Executive as a member.Appointment of Deputy Chairperson2.—
The Minister may appoint any member to be the Deputy Chairperson.
If for any reason the Chairperson is unable to act or the office of Chairperson is vacant, the Deputy Chairperson may exercise all or any of the powers conferred, or the duties imposed, on the Chairperson under this Act.Temporary Chairperson, Deputy Chairperson or member
3. The Minister may appoint any person to be a temporary Chairperson, Deputy Chairperson or member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson, Deputy Chairperson or any member, as the case may be.Revocation of appointment
4. The Minister may, at any time, revoke the appointment of the Chairperson, Deputy Chairperson or any member if the Minister considers such revocation necessary in the interest of the effective and economical performance of the functions of the Authority under this Act or in the public interest.Resignation
5. A member may resign his or her office at any time by giving not less than one month’s notice to the Minister.Vacation of office
6. The office of a member becomes vacant —
on his or her death;
if he or she fails to attend 3 consecutive meetings of the Authority without sufficient cause (the sufficiency of which is to be decided by the Authority);
if he or she becomes in any manner disqualified for membership of the Authority;
if he or she is adjudicated a bankrupt;
if he or she resigns his or her office; or
if his or her appointment is revoked.Filling of vacancies
7. If a vacancy occurs in the membership of the Authority, the Minister may, subject to paragraphs 1 and 8, appoint any person to fill the vacancy, and the person so appointed holds office for the remainder of the term for which the vacating member was appointed.Disqualification from membership
8. No person may be appointed or may continue to hold office as a member if the person —
is an undischarged bankrupt or has made any arrangement with the person’s creditors;
has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or
is incapacitated by physical or mental illness.Sealing of documents9.—
All deeds, documents and other instruments requiring the seal of the Authority must be sealed with the common seal of the Authority in the presence of any 2 officers of the Authority duly authorised by the Authority to act in that behalf and must be signed by those officers.
Such signing is sufficient evidence that the common seal of the Authority has been duly and properly affixed and that the seal is the lawful common seal of the Authority.
The Authority may by resolution or otherwise appoint an employee of the Authority or any other agent, either generally or in a particular case, to execute or sign on behalf of the Authority any agreement or other instrument not under seal in relation to any matter coming within the powers of the Authority.
Section 11 of the Registration of Deeds Act 1988 does not apply to any instrument purporting to have been executed under sub‑paragraph (1).Salaries and fees payable to members
10. There are to be paid out of the funds of the Authority such salaries, fees and allowances as the Minister may determine.Quorum11.—
The quorum at every meeting of the Authority is one‑third of the total number of members in office or 3 members, whichever is the higher, and no business is to be transacted unless a quorum is present.
The Chairperson, or in his or her absence the Deputy Chairperson, presides at meetings of the Authority, and if both the Chairperson and Deputy Chairperson are absent from any meeting or part thereof, such member as the members present may elect presides at that meeting or part thereof.
A decision at a meeting of the Authority must be adopted by a simple majority of the members present and voting except that, in the case of an equality of votes, the Chairperson of the meeting has a casting vote in addition to the Chairperson’s original vote.Vacancies
12. The Authority may act despite any vacancy in its membership.Procedure at meetings13.—
The Chairperson or any other officer authorised by him or her must, subject to such standing orders as may be made by the Authority under sub‑paragraph (2), summon all meetings of the Authority for the despatch of business.
Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Authority may make standing orders to regulate its own procedure generally and, in particular, regarding the holding of meetings, the notice to be given of the meetings, the proceedings at the meetings, the keeping of minutes, the custody, production and inspection of the minutes, and the opening, keeping, closing and auditing of accounts.Appointment of committees and delegation of powers14.—
The Authority may appoint from among its own members or persons who are not members any number of committees that it thinks fit consisting of members or other persons or members and other persons for purposes which, in the opinion of the Authority, would be better regulated and managed by means of those committees.
The Authority may, subject to any conditions or restrictions that it thinks fit, delegate to any such committee or the Chairperson, all or any of the powers, functions and duties vested in the Authority by this Act or other written law, except the powers to prescribe or levy dues and rates and borrow money.
The Authority may, subject to any conditions or restrictions that it thinks fit, delegate to any employee of the Authority or any person all or any of its powers, functions and duties vested in the Authority by this Act or other written law, except the powers to prescribe or levy dues and rates and borrow money; and any power, function or duty so delegated may be exercised or performed by the employee or person in the name and on behalf of the Authority.[2/2012; 5/2018]