National Council of Social Service (Amendment) Bill

This Act is the National Council of Social Service (Amendment) Act 2025 and comes into operation on a date that the Minister appoints by notification in the Gazette.

In the National Council of Social Service Act 1992 (called in this Act the principal Act), replace section 2 with —“Interpretation

2. In this Act —“Chairperson” means the Chairperson of the Council appointed under section 5(2)(a) and includes any individual acting in that capacity;“Chief Executive Officer” means the Chief Executive Officer of the Council mentioned in section 22(1) and includes any individual acting in that capacity;“Community Chest” means the Community Chest established under section 13(1);“Council” means the National Council of Social Service established under section 3;“Deputy Chairperson” means the Deputy Chairperson of the Council appointed under section 5C(1);“Endowment Fund” means the Endowment Fund established under section 26(1);“member” means a member of the Council mentioned in section 5(2);“sector member” means a sector member of the Council appointed under section 15(1).”.

In the principal Act, in Part 2, in the Part heading, after “ESTABLISHMENT”, insert “AND CONSTITUTION”.

In the principal Act, in section 4 —

in subsections (1) and (2)(b), replace “Board” with “Council”; and

in subsection (2)(b), replace “president” with “Chairperson”.

In the principal Act, replace section 5 with —“Constitution of Council5.—

The Council consists of at least 15 but not more than 27 members.

The members of the Council are —

a Chairperson to be appointed by the Minister;

the Chief Executive Officer;

the chairperson of the Community Chest;

subject to subsections (1) and (4), at least 7 members to be appointed by the Minister, from a list of nominees to be submitted by the Chairperson; and

subject to subsections (1) and (4), any number of other members to be appointed by the Minister.

The list of nominees to be submitted by the Chairperson to the Minister under subsection (2)(d) must consist of persons nominated by sector members, except that the Chairperson may exclude any nominee whose nomination does not meet the prescribed requirements in regulations made under section 37(2)(ba).

The number of members appointed under subsection (2)(d) must be at least half of the total number of members, excluding the Chairperson.Appointment of members of Council5A.—

Every appointment of a member of the Council mentioned in section 5(2)(a), (d) or (e) must be made by instrument in writing given to the member.

The instrument must state —

the term of the appointment (which must not be longer than 3 years); and

the date the appointment takes effect (which must not be a date earlier than the date the member receives the instrument).

A member of the Council mentioned in section 5(2)(a), (d) or (e) may be re‑appointed.Membership disqualification5B.—

In appointing members of the Council, the Minister must have regard to whether the members of the Council will collectively possess the appropriate knowledge, skills and experience for the Council to perform its functions effectively.

However, the following individuals are disqualified to be or from being a member of the Council mentioned in section 5(2)(a), (d) or (e):

an employee of the Council (other than the Chief Executive Officer);

a Judge or judicial officer;

an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors;

an individual who has been convicted of an offence involving dishonesty, fraud or moral turpitude and has not received a free pardon;

an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon;

an individual who is —

disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (whether directly or indirectly) in the management, of a company during the period of disqualification in that provision;

disqualified by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 from being a director, or in any way (whether directly or indirectly) being concerned in, or taking part in, the management, of a company during the period of disqualification in the court order;

disqualified under section 58(1) of the Variable Capital Companies Act 2018 from acting as a director, or taking part (whether directly or indirectly) in the management, of a VCC during the period of disqualification in that provision; or

disqualified by a court order under section 56(1), 57(1) or 58(2) of the Variable Capital Companies Act 2018 from being a director, or in any way (whether directly or indirectly) being concerned in, or taking part in, the management, of a VCC during the period of disqualification in the court order;

an individual who lacks capacity in respect of his or her duties as a member, within the meaning of the Mental Capacity Act 2008, or in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008.

In this section —“company” has the meaning given by section 4(1) of the Companies Act 1967;“VCC” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018.Chairperson and Deputy Chairperson5C.—

The Minister may, by instrument in writing, appoint a member (other than the Chairperson or the Chief Executive Officer) to be the Deputy Chairperson of the Council for the period specified in the instrument.

The Chairperson or Deputy Chairperson holds office until whichever of the following happens first:

his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires;

he or she ceases to hold office as a member of the Council;

the Minister terminates his or her appointment as Chairperson or Deputy Chairperson, as the case may be.

Subject to section 5E, the Deputy Chairperson has and may perform all the functions and exercise all the powers of the Chairperson in relation to a matter if —

the Chairperson is unavailable; or

the Chairperson is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter.Premature vacancies5D.—

If a premature vacancy occurs in the office of any member of the Council, the Minister may, subject to sections 5, 5A and 5B, appoint an individual to fill the vacancy and hold that office for the remainder of the term for which the vacating member was appointed.

In this section, “premature vacancy”, for an office, means a vacancy that occurs in that office by virtue of section 5J(1) or for any reason other than the expiry of the term of the office.Acting Chairperson and members of Council5E.—

The Minister may appoint a member of the Council (other than the Chief Executive Officer) to act temporarily as the Chairperson during any period, or during all periods, when the Chairperson is —

absent from duty or Singapore; or

for any reason, unable to perform the duties of the office.

The Minister may appoint an individual to act temporarily as a member of the Council (other than the Chairperson) during any period, or during all periods, when a member is —

absent from duty or Singapore; or

for any reason, unable to perform the duties of the office.

An individual is ineligible for appointment under this section to act as the Chairperson or a member of the Council if the individual is disqualified under section 5B(2) for appointment as a member of the Council.

The Minister may, at any time and without giving any reason, revoke the appointment of a person made under subsection (1) or (2).

The Minister may specify other terms and conditions of appointment in writing when making an appointment under subsection (1) or (2).Removal of member of Council5F.—

The Minister may, at any time and without giving any reason, remove a member of the Council mentioned in section 5(2)(a), (d) or (e) from office.

Every removal under subsection (1) must be made by written notice given to the member with a copy to the Council.

The notice must state the date the removal takes effect, which must not be a date earlier than the date the member receives the notice.Resignation from office5G.—

A member of the Council (other than the Chief Executive Officer or the chairperson of the Community Chest) may resign his or her office by written notice to the Minister (with a copy to the Council) signed by the member.

The resignation is effective when the notice in subsection (1) is received by the Minister or at any later time specified in the notice.Validity of acts, etc.5H.—

Despite section 33 of the Interpretation Act 1965, the performance of any function or exercise of any power by the Council is not affected merely because at the relevant time —

there was a vacancy in the membership of the Council, including a vacancy arising from the failure to appoint a member;

there was some defect or irregularity existing in the appointment or continuance in office of an individual purporting to be a member of the Council; or

there was an irregularity in the Council’s decision‑making procedure that does not affect the merits of the decision made.

The acts of an individual as a member of the Council are not affected merely because —

there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Council; or

in the case of an individual acting in the capacity of the Chairperson, a member or the Chief Executive Officer, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended.Remuneration, etc.5I.—

Subject to subsection (2), the members of the Council may be paid, out of the funds of the Council, such salaries, fees and allowances as the Minister may from time to time determine.

The members of the Council must not be paid salaries, fees or allowances from funds administered by the Council for charitable purposes.Vacation of office5J.—

A member of the Council ceases to hold office if he or she —

dies;

is adjudicated a bankrupt or makes an arrangement with any of his or her creditors;

becomes otherwise disqualified from being a member under section 5B(2);

is removed from office in accordance with section 5F;

resigns in accordance with section 5G;

fails without reasonable cause to disclose any interest required under Division 1 of Part 4 of the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Minister about that default;

fails to attend 3 consecutive meetings of the Council without the approval of the Council; or

is not re-appointed when his or her term of office expires.

A member of the Council is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.Other terms and conditions5K. The Minister may specify other terms and conditions of appointment of a member of the Council mentioned in section 5(2)(a), (d) or (e) in the instrument of appointment.”.

In the principal Act, replace sections 6 to 12 and the Part heading of Part 3 with —“Meetings of Council6.—

The Council must hold such meetings as are necessary for performing its functions.

The Chairperson must appoint the times and places of the meetings of the Council, and cause notice of those meetings to be given to each member of the Council not present when the appointment is made.

The meetings of the Council must be held in accordance with the provisions of this Act and Part 4 of the Public Sector (Governance) Act 2018.Quorum7.—

The quorum for a meeting of the Council is the higher of the following:

one-third of the number of members;

7 members.

No business may be transacted at a meeting of the Council if a quorum is not present.Presiding at meetings8.—

At a meeting of the Council, the following person presides:

the Chairperson;

in the absence of the Chairperson, or if the Chairperson is interested in the matter (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018), and there is a Deputy Chairperson who is present and is not interested in the matter (within the meaning given by Part 4 of that Act) — the Deputy Chairperson;

in any other case — a member of the Council elected from among the members present at the meeting to preside.

The person specified in subsection (1)(b) or (c) may perform the functions and exercise the powers of the Chairperson for the purposes of the meeting.Voting at meetings9.—

Each member of the Council has one vote.

In addition to his or her general vote, the member presiding at a meeting has, in the case of an equality of votes, a casting vote.

A resolution of the Council is passed if it is agreed to by all members present without dissent, or if a majority of the votes cast on it by members present and voting are in favour of it.

A member present at a meeting of the Council is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Council unless the member expressly dissents from or votes against the decision at the meeting or is prevented from voting by section 26 of the Public Sector (Governance) Act 2018.Directions of Minister, etc.10.—

The Minister may give to the Council any direction under section 5 of the Public Sector (Governance) Act 2018.

Without limiting subsection (1), the Minister may give such directions to the Council as are necessary in the circumstances if it appears to the Minister to be requisite or expedient to do so —

in the interests of relations with the government of a territory outside Singapore; or

in order to —

discharge or facilitate the discharge of an obligation binding on the Government by virtue of it being a member of an international organisation or a party to an international agreement;

attain or facilitate the attainment of any other object the attainment of which is in the Minister’s opinion requisite or expedient in view of the Government being a member of such an organisation or a party to such an agreement; or

enable the Government to become a member of such an organisation or a party to such an agreement.

To avoid doubt, the Minister is entitled —

to information in the possession of the Council; and

where the information is in or on a document, to have, and make and retain copies of, that document.

For the purposes of this section, the Minister may request the Council to —

provide information to the Minister; or

give the Minister access to information.

The Council must give effect to any direction given to it under subsection (1) or (2) and must comply with a request under subsection (4).

The Council must not disclose any direction given to it under this section if the Minister notifies the Council that, in the Minister’s opinion, disclosure of the direction is against the public interest.

In this section, “information” means information specified, or of a description specified, by the Minister that relates to the functions of the Council.PART 3OBJECTIVES, FUNCTIONS AND POWERS OF COUNCILObjectives and functions of Council11.—

The objectives of the Council are —

to build an effective, efficient and sustainable social service sector; and

to support the development of such a sector by —

strengthening social service delivery;

strengthening capability building in the social service sector; and

building a robust social service ecosystem which includes community support, philanthropy and volunteerism.

The Council has the following functions:

to assist the Government in relation to social services and the social service sector by providing advice, assisting in strategic planning and representing Singapore and advancing its interests internationally in matters relating to social service;

to act as a coordinating agency for the provision of social services and to direct the provision, development, implementation or operation of social services;

to facilitate support for and provision, development, implementation or operation of social services, including by —

providing consultancy or other services;

promoting and developing competencies and professional and governance standards in relation to social service for both individuals and organisations;

promoting or coordinating research and development into matters relating to social service; and

promoting and facilitating the participation of the community, individuals and organisations;

to directly provide, develop, implement or operate social services, and undertake research into, and development of matters relating to, social service;

to establish and maintain standards and guidelines for the management and administration of, and the provision of social services by, sector members;

to raise and allocate funds to further the objectives and carry out the functions of the Council;

in the performance of its functions, to implement Government policy in relation to social service and the social service sector and to collaborate with any person or organisation and with other public sector bodies;

to perform any other functions that may be conferred on the Council by any other Act.

In addition to the functions conferred by this section, the Council may also undertake any other functions that the Minister may, by notification in the Gazette, assign to the Council, and in so undertaking —

the Council is deemed to be fulfilling the purposes of this Act; and

the provisions of this Act apply to the Council in respect of those other functions.

Nothing in this section imposes on the Council, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Council would not otherwise be subject.Powers of Council12.—

Subject to this Act, the Council has power to do all things necessary or expedient to be done for, or in connection with, the performance of its functions.

Without limiting subsection (1), the powers of the Council mentioned in that subsection include power —

to acquire and dispose of any property, both movable and immovable, and to use any such property, including mortgaging it;

to apply for, obtain and hold any intellectual property rights, and enter into agreements or arrangements for the commercial exploitation of those intellectual property rights;

to accept grants, gifts, donations or contributions from any source, whether subject to any trust or not, or raise funds by all lawful means;

to form or participate in the formation of a trust;

to act as trustee of property vested in the Council on trust;

to provide financial support, grant, aid or assistance to any person in connection with any function of the Council;

to provide scholarships, training grants and financial awards in the field of social service;

to charge for the provision of goods or services, or the performance of work, by or on behalf of the Council;

to waive or refund the whole or part of any fee or charges payable or paid to the Council under this Act or any other Act administered by the Council;

to establish and administer any scheme or programme relating to its functions;

to publish or provide any information, or publish or sponsor the publication of works;

to collect, compile, analyse and disseminate information of a statistical nature or otherwise concerning matters relating to its functions;

to enter into contracts, agreements and arrangements, including memoranda of understanding;

with the approval of the Minister, to form or participate in the formation of a body corporate, unincorporated association or organisation, or enter into a joint venture with any person or organisation; and

to do any other thing that is incidental to the performance of its functions.

To avoid doubt, subsection (1) does not limit any other power given to the Council by any other provision in this Act or any other Act.”.

In the principal Act, in section 13 —

in subsection (1), delete “to raise funds on behalf of the Council”; and

replace subsections (2) to (7) with —“(2) The Community Chest established by the Council has the following functions:

to raise funds on behalf of the Council;

to mobilise resources (financial or in kind, including the services of volunteers) to facilitate the provision of social services in Singapore.

The Community Chest consists of —

a chairperson of the Community Chest to be appointed by the Minister;

a deputy chairperson of the Community Chest to be appointed by the chairperson of the Community Chest in consultation with the Chairperson of the Council; and

any number of other members of the Community Chest to be appointed by the chairperson of the Community Chest in consultation with the Chairperson of the Council.

Subject to subsection (5), an individual is disqualified to be or from being the chairperson, the deputy chairperson or any other member of the Community Chest if he or she would be disqualified to be or from being a member of the Council under section 5B(2).

The Chief Executive Officer may be a member of the Community Chest but is not to be appointed as the chairperson or deputy chairperson of the Community Chest.

An individual may not be appointed as the chairperson, the deputy chairperson or any other member of the Community Chest unless, before appointment, he or she discloses to the Council the details of any interest (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) the individual may have if he or she were a member of the Community Chest.

Subject to subsection (16), the chairperson of the Community Chest holds office for a period of 3 years or any shorter period specified by the Minister at the time of appointment, and on the terms determined by the Minister.

Subject to subsection (16), the deputy chairperson and other members of the Community Chest hold office for a period specified by the chairperson of the Community Chest at the time of appointment, and on the terms determined by the Council.

The chairperson, deputy chairperson and other members of the Community Chest may be re‑appointed.

The deputy chairperson of the Community Chest has and may perform all the functions and exercise all the powers of the chairperson of the Community Chest in relation to a matter if —

the chairperson of the Community Chest is unavailable; or

the chairperson of the Community Chest is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter.

The Chairperson of the Council may appoint a member of the Community Chest (other than the Chief Executive Officer) to act temporarily as the chairperson of the Community Chest during any period, or during all periods, when both the chairperson and deputy chairperson of the Community Chest are —

absent from duty or Singapore; or

for any reason, unable to perform the duties of the office of chairperson of the Community Chest.

The Minister may, at any time and without giving any reason, remove the chairperson of the Community Chest from office.

The chairperson of the Community Chest may, in consultation with the Chairperson of the Council, at any time and without giving any reason, remove the deputy chairperson or any other member of the Community Chest from office.

Every removal under subsection (12) or (13) must be made by written notice given to the person being removed from office with a copy to the Community Chest, stating the date the removal takes effect, which must not be a date earlier than the date the person receives the notice.

The chairperson, the deputy chairperson or a member of the Community Chest may resign his or her office in the following manner:

in the case of the chairperson of the Community Chest, by written notice to the Minister (with a copy to the Community Chest) signed by the chairperson;

in the case of the deputy chairperson or other member of the Community Chest, by written notice to the chairperson of the Community Chest (with a copy to the Community Chest) signed by the deputy chairperson or member, as the case may be.

The chairperson, the deputy chairperson or a member of the Community Chest ceases to hold office if he or she —

dies;

is adjudicated a bankrupt or makes an arrangement with any of his or her creditors;

becomes otherwise disqualified from being a member under subsection (4);

is removed from office in accordance with subsection (12) or (13);

resigns in accordance with subsection (15);

fails without reasonable cause to disclose any interest required under Division 1 of Part 4 of the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Council about that default;

fails to attend 3 consecutive meetings of the Community Chest without the approval of the Community Chest; or

is not re-appointed when his or her term of office expires.

Section 5H applies, with the necessary modifications, to the Community Chest, and to members of the Community Chest or individuals purporting to be members of the Community Chest.

Sections 20, 21 and 28 of the Public Sector (Governance) Act 2018 apply in relation to the Community Chest as they would apply if —

the Community Chest were a committee of the Council appointed under section 14; and

the chairperson, deputy chairperson and other members of the Community Chest were members of that committee.

Subject to this Act and any restrictions imposed by the Council by resolution, the Community Chest may regulate its own proceedings and business.”.

In the principal Act, replace section 14 with —“Appointment of committees, etc.14.—

The Council may, by resolution, appoint such number of committees as the Council thinks fit for purposes which, in the opinion of the Council, would be better regulated and managed by means of such committees.

A committee appointed under this section may consist of such individuals as the Council thinks fit, and may include individuals who are not members of the Council.

Without limiting subsection (1), the Council may appoint committees —

to advise the Council on matters relating to the Council’s functions and powers that are referred to the committee by the Council; or

to perform any function or exercise any power of the Council that is delegated to the committee.

An individual may not be appointed as a member of a committee unless, before appointment, he or she discloses to the Council the details of any interest (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) the individual may have if he or she were a member of that committee.

Subject to this Act, the Public Sector (Governance) Act 2018 and any restrictions imposed by the Council by resolution, a committee appointed under this section may regulate its own proceedings and business.

Section 5H applies, with the necessary modifications, to a committee and the members of the committee or individuals purporting to be members of the committee.Ability to delegate, etc.14A.—

The Council may delegate any of its functions or powers, either generally or specially and subject to such conditions or restrictions as the Council thinks fit, to any of the following:

a member of the Council;

the Chief Executive Officer or an employee of the Council;

a committee of the Council appointed under section 14;

a company that is incorporated in Singapore and is a subsidiary of the Council.

A delegation under subsection (1) must be by resolution and written notice given to the delegate.

Subsection (1) does not apply to —

the power to make subsidiary legislation conferred by this Act or any other Act;

the power to delegate conferred by this section; or

any function or power under this Act or any other Act that is declared by this Act or that other Act to be non‑delegable.

A delegation in accordance with this section —

except as otherwise provided in this Act or any other Act administered by the Council, does not affect or prevent the performance of any function or the exercise of any power by the Council;

is not affected by any change in the membership of the Council;

is not affected by any change in the membership of a committee appointed under section 14 (where the committee is the delegate); and

is not affected by any change in the individual appointed as the Chief Executive Officer or holding any specified office in the Council (where the delegate is the Chief Executive Officer or the holder of the specified office).

For the purposes of subsection (1)(d), a company is a subsidiary of the Council if —

the Council is the sole member of that company; or

the Council, as a member of that company, holds more than half of the voting power in that company.

A delegate who purports to perform a function or exercise a power under delegation —

is taken to do so in accordance with the terms of the delegation under this section, unless the contrary is shown; and

must produce evidence of the delegation, if reasonably required to do so.”.

In the principal Act, in Part 4, replace the Part heading with —“SECTOR MEMBERS AND PATRONS OF COUNCIL”.