Singapore legislation

Section 34

of Gas Act 2001

Section 34

Power to make special administration order, etc.

Amended by24/200743/201824/200743/201824/200743/201824/200724/200740/201843/201824/200740/201843/201840/2018

(1)

If, on an application made to the Minister by the Authority, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to a gas licensee, the Minister may make any one or more of the following orders:

(a)

a special administration order in relation to the gas licensee;

(b)

an order requiring the gas licensee to immediately take any action or do or not do any act or thing in relation to that part of its business or undertaking to which its gas licence relates as the Minister may consider necessary;

(c)

an order appointing a person to advise the gas licensee on the proper conduct of that part of its business or undertaking to which its gas licence relates.

Amended by24/200743/2018

(2)

The grounds referred to in subsection (1) are —

(a)

the gas licensee is or is likely to be unable to pay its debts;

(b)

the occurrence of a public emergency;

(c)

the Minister considers it in the interest of the security or reliability of the supply of gas to the public; or

(d)

the Minister otherwise considers it in the public interest.

Amended by24/200743/2018

(3)

Notice of any application under subsection (1) must be given immediately by the Authority to such persons and in such manner as may be determined by the Authority.

Amended by24/2007

(4)

Any order made by the Minister under subsection (1) must be published in such manner as will secure adequate publicity.

Amended by43/2018

(5)

Any decision of the Minister under subsection (1) is final.

Amended by24/2007

(6)

For the purposes of this section, a gas licensee, being a company, is unable to pay its debts if it is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.

Amended by24/200740/201843/2018

(7)

Despite any written law —

(a)

a gas licensee must not be wound up voluntarily without the consent of the Authority;

(b)

no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a gas licensee without the consent of the Authority;

(c)

no step may be taken by any person to enforce any security over a gas licensee’s property except where that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority;

(d)

no step may be taken by any person to execute or enforce a judgment or order of court obtained against a gas licensee, except where that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority; and

(e)

no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to a gas licensee, unless that person has served 14 days’ notice in writing of that person’s intention to make the application on the Authority.

Amended by24/200740/201843/2018

(8)

The Authority must be a party to —

(a)

any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a gas licensee; or

(b)

any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a gas licensee.

Amended by40/2018