/akn/sg/act/bill/2017/45

Public Sector (Governance) Bill

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Type
Bill
Status
In force
Enacted
2017
Sections
115

Quick answer

About this bill

Public Sector (Governance) Bill is Singapore Bill, cited as Bill 45 2017, currently marked in force and first recorded in 2017.

Part 1

PRELIMINARY

Clause 1

Short title and commencement

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This Act is the Public Sector (Governance) Act 2018 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Clause 2

Interpretation

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(1)

In this Act, unless the context otherwise requires —

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Definition

“chairperson”, in relation to a public body, means the individual who is appointed under the constitutional Act of the public body as the chairperson of the public body, and includes any individual appointed under that Act to act in that capacity;

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Definition

“chief executive”, in relation to a public body, means the individual (however designated) who is appointed as the chief executive officer of the public body, and includes any individual acting in that capacity temporarily;

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Definition

“comply”, in relation to a direction under Part 2, means to give effect to the direction or to have regard to the direction, as the context of the direction requires;

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Definition

“constitutional Act”, in relation to a public body, means the Act by or under which the public body is established;

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Definition

“control”, in relation to information, has the meaning in subsection (3);

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Definition

“data sharing direction” means a direction given under section 4 on sharing of information or re‑identification of anonymised information under the control of a Singapore public sector agency;

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Definition

“financial year”, for a public body, means a period defined by the constitutional Act of the public body to be the financial year of the public body;

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Definition

“function” means a function under written law and includes a power or duty under written law;

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Definition

“governing body”, for a public body, means the public body unless the constitutional Act of the public body specifies otherwise;

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Definition

“Group 1 public body” means a public body specified in the First Schedule;

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Definition

“Group 1A public body” means a public body specified in Part 1 of the First Schedule;

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Definition

“Group 1B public body” means a public body specified in Part 2 of the First Schedule;

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Definition

“Group 1C public body” means a public body specified in Part 3 of the First Schedule;

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Definition

“Group 2 public body” means a public body specified in the Second Schedule, being a public body the main function of which is to regulate the practice and standards of a profession;

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Definition

“Group 2A public body” means a public body specified in Part 1 of the Second Schedule;

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Definition

“Group 2B public body” means a public body specified in Part 2 of the Second Schedule;

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Definition

“Group 3 public body” means a public body specified in the Third Schedule, being a public body the main function of which is to represent particular community interests or the volunteer movement;

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Definition

“Group 3A public body” means a public body specified in Part 1 of the Third Schedule;

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Definition

“Group 3B public body” means a public body specified in Part 2 of the Third Schedule;

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Definition

“information” includes —

(a)

any facts, statistics, instructions, concepts or other data in a form that is capable of being communicated, analysed or processed (whether by an individual or a computer or other automated methods); and

(b)

data sets;

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Definition

“member”, in relation to a public body, means —

(a)

an individual who is appointed under the constitutional Act of the public body as a member of the public body; or

(b)

an individual who is appointed under the constitutional Act of the public body as a member of the governing body of the public body, where there is a governing body,and includes an individual who is appointed under the constitutional Act of the public body to act in that capacity temporarily;

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Definition

“public body” means a body corporate established by a public Act for the purposes of a public function but excludes a Town Council established under section 4 of the Town Councils Act (Cap. 329A);

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Definition

“public service” means —

(a)

the Singapore Armed Forces;

(b)

the Singapore Civil Defence Force;

(c)

the Singapore Civil Service;

(d)

the Singapore Legal Service; and

(e)

the Singapore Police Force;

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Definition

“Public Service Commission” means the Public Service Commission established under Article 105 of the Constitution;

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Definition

“responsible Minister”, in relation to a public body, means the Minister charged with the responsibility for the public body;

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Definition

“share”, in relation to information under the control of a Singapore public sector agency, means to provide (or be provided with) the information;

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Definition

“Singapore public sector” means the sector comprising —

(a)

the public service; and

(b)

all Group 1, Group 2 and Group 3 public bodies;

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Definition

“Singapore public sector agency” means any of the following:

(a)

a Group 1, Group 2 or Group 3 public body;

(b)

a Ministry or department of the Government;

(c)

an Organ of State;

(d)

a public officer or a person exercising a public official function, who is declared by the Minister by order in the Gazette to be a Singapore public sector agency for the purposes of this Act;

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Definition

“whole-of-government” means the whole of the Singapore public sector.

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(2)

In this Act, unless the context otherwise requires, an individual is an officer of a Singapore public sector agency for the time he or she is —

(a)

a public officer holding a post in a Ministry or department of the Government or an Organ of State which is that Singapore public sector agency (including a public officer on leave without pay);

(b)

an employee of a Group 1, Group 2 or Group 3 public body which is that Singapore public sector agency (including an employee on leave without pay); or

(c)

under a secondment arrangement making available temporarily to that Singapore public sector agency the service of the individual.

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(3)

For the purposes of this Act, a Singapore public sector agency is taken to have control of information if —

(a)

the Singapore public sector agency has possession or custody of the information; or

(b)

the Singapore public sector agency has the information in the possession or custody of some other person.

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Clause 3

Purpose of Act

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The purposes of this Act are —

(a)

to establish a consistent system of governance and accountability across public bodies in Singapore that meets high standards of accountability;

(b)

to clarify the accountability relationship between public bodies, their members, their responsible Ministers and the Government; and

(c)

to require and support a whole-of-government approach to the delivery of services in the Singapore public sector.

Part 2

DIRECTIONS

Clause 4

Directions for whole-of-government approach, etc.

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(1)

Subject to subsection (2), the Minister may, on the recommendation of the relevant Minister (if any), give or jointly give a direction, as the case may be —

(a)

to all Singapore public sector agencies; or

(b)

to a Singapore public sector agency or a class of Singapore public sector agencies specified in the direction,requiring the Singapore public sector agency or agencies concerned to comply with a policy of the Government (as amended from time to time, and with or without modifications) relating to all or any pertinent subject matter.

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(2)

A direction under subsection (1) may be made only for all or any of the following purposes:

(a)

to uphold and promote the values of the Singapore public sector;

(b)

to secure economies or efficiencies for the Singapore public sector;

(c)

to improve (directly or indirectly) the efficiency or effectiveness of policies, programme management or service planning and delivery by Singapore public sector agencies (whether by carrying out data analytics work or otherwise);

(d)

to ensure business continuity;

(e)

to ensure accountable and prudent stewardship of Singapore public sector finances and resources;

(f)

to manage risks to the financial position of the Government;

(g)

to support a whole-of-government approach in the discharge of the Singapore public sector agencies’ functions.

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(3)

For the purposes of subsection (1), “pertinent subject matter” means the following:

(a)

employment, management and discipline of employees;

(b)

management of official documents;

(c)

financial and resource management and accountability;

(d)

use or development of information technology;

(e)

data governance (including personal data protection) and sharing of information under the control of a Singapore public sector agency with another Singapore public sector agency.

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(4)

The “relevant Minister” for a pertinent subject matter is as follows:

(a)

for the matter in subsection (3)(a), the Minister charged with the responsibility for public sector personnel policy;

(b)

for the matter in subsection (3)(b), the Minister charged with the responsibility for Government records and archives;

(c)

for the matter in subsection (3)(c), the Minister charged with the responsibility for Government finance;

(d)

for the matter in subsection (3)(d), the Minister charged with the responsibility for public sector info‑communications technology and related engineering;

(e)

for the matter in subsection (3)(e), the Minister charged with the responsibility for public sector data governance.

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Clause 5

Directions by responsible Minister

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(1)

The responsible Minister for a Group 1A or Group 1B public body may give to the public body directions as to the performance by the public body of its functions.

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(2)

To avoid doubt, this section does not affect any requirement in the constitutional Act of a public body or other Act administered by a public body requiring the responsible Minister to consult any person specified in that Act before exercising the power under subsection (1) in relation to the public body.

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Clause 6

Authority to share

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(1)

Where a data sharing direction is given to a Singapore public sector agency —

(a)

the Singapore public sector agency and every officer of that agency; and

(b)

where the Singapore public sector agency is a public body, the members of the public body,are authorised to share the information under the control of the Singapore public sector agency with another Singapore public sector agency to the extent permitted by the data sharing direction despite any obligation as to confidentiality under the common law.

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(2)

However, subsection (1) does not override any obligation as to confidentiality because of legal privilege or contract.

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(3)

To avoid doubt, this Act is not intended to prevent or discourage the sharing of information by Singapore public sector agencies as permitted or required by or under any Act or other law (apart from this Act).

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Clause 7

Unauthorised disclosure and improper use of information

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(1)

If —

(a)

an individual discloses, or the individual’s conduct causes disclosure of, information under the control of a Singapore public sector agency to another person (whether or not a Singapore public sector agency);

(b)

the disclosure is not authorised by any data sharing direction given to the Singapore public sector agency;

(c)

the individual is a relevant public official of the Singapore public sector agency at the time of the disclosure; and

(d)

the individual does so —

(i)

knowing that the disclosure is not in accordance with that direction; or

(ii)

reckless as to whether the disclosure is or is not in accordance with that direction,the individual shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

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(2)

In proceedings for an offence under subsection (1), it is a defence for the defendant to prove, on a balance of probabilities, that the defendant disclosed, or caused the disclosure of, information under the control of a Singapore public sector agency —

(a)

as permitted or required by or under an Act or other law (apart from this Act); or

(b)

as authorised or required by an order of court.

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(3)

If an individual —

(a)

makes use of information under the control of the Singapore public sector agency when he or she is a relevant public official of a Singapore public sector agency or a contractor (or an employee thereof) supplying goods or services to a Singapore public sector agency; and

(b)

obtains a gain for himself or herself as a result of that use,the individual shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

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(4)

In proceedings for an offence under subsection (3), it is a defence for the defendant to prove, on a balance of probabilities, that the information under the control of a Singapore public sector agency was, at the time of its use by the defendant, generally available information.

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Definition

“disclose”, in relation to information, includes provide access to information;

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Definition

“gain” means —

(a)

a gain in property or a supply of services (whether temporary or permanent); or

(b)

an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration;

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Definition

“generally available information” means information that consists of readily observable matter, including information that consists of deductions, conclusions or inferences made or drawn from readily observable matter;

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Definition

“relevant public official”, for a Singapore public sector agency, means —

(a)

an officer of the Singapore public sector agency;

(b)

a member of a Group 1, Group 2 or Group 3 public body which is that Singapore public sector agency, or of the governing body of such a public body; or

(c)

the chief executive of a Group 1, Group 2 or Group 3 public body which is that Singapore public sector agency.

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Clause 8

Unauthorised re-identification of anonymised information

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(1)

If —

(a)

an individual takes any action to re-identify or cause re‑identification of the person to whom anonymised information under the control of a Singapore public sector agency relates;

(b)

the re-identification is not authorised by any data sharing direction given to the Singapore public sector agency;

(c)

the individual is a relevant public official of the Singapore public sector agency at the time of taking that action; and

(d)

the individual does so —

(i)

knowing that the re‑identification is not authorised by that data sharing direction; or

(ii)

reckless as to whether the re‑identification is or is not authorised by that data sharing direction,the individual shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

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(2)

In proceedings for an offence under subsection (1), it is a defence to the charge for the accused to prove, on a balance of probabilities, that —

(a)

the information on the identity is publicly available; or

(b)

the action to re-identify or cause re-identification is —

(i)

permitted or required by or under an Act or other law (apart from this Act); or

(ii)

authorised or required by an order of court.

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Definition

“anonymised information” means any information which is in anonymised or de‑identified form;

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Definition

“relevant public official” has the meaning given by section 7(5).

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Clause 9

Form of directions, etc.

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(1)

A direction under section 4 or 5 to a Singapore public sector agency or a class of Singapore public sector agencies specified in the direction may —

(a)

be in the form of a circular or an instruction or order addressed to —

(i)

the Singapore public sector agency or every Singapore public sector agency in that class (as the case may be); and

(ii)

the members of a public body which is the Singapore public sector agency in sub-paragraph (i) and its chief executive; and

(b)

be amended or replaced in the same way as it may be given.

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(2)

A direction under section 4 or 5 does not have legislative effect.

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Clause 10

Compliance with directions, etc.

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(1)

Every Singapore public sector agency, or every Singapore public sector agency within the class of Singapore public sector agencies, to which a direction under section 4 or 5 is given must, in performing its functions, comply with the direction starting from the date specified in the direction.

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(2)

The functions of a public body under written law are to be regarded as including compliance with a direction given to it under section 4 or 5.

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Clause 11

Limit to effect of directions

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(1)

A direction under section 4 or 5 must not be inconsistent with this Act or any other written law.

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(2)

A direction under section 4 or 5 is not binding on a Singapore public sector agency to the extent (if any) to which it would impede or affect the performance of —

(a)

a statutorily independent function of the Singapore public sector agency; or

(b)

a quasi-judicial function of the Singapore public sector agency or any of its officers in relation to a particular matter.

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(3)

This Part does not authorise any Minister to direct a Singapore public sector agency, or any member or officer of a public body, or any public officer, requiring —

(a)

the performance or non‑performance of a particular act or the bringing about of a particular result, in respect of a particular person or persons; or

(b)

the making of an employment decision relating to a particular individual.

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(4)

However, subsection (3) does not prevent a Minister from giving a direction under the Government Procurement Act (Cap. 120).

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(5)

In this section, “employment decision” means an administrative decision relating to the employment of an individual, including —

(a)

the appointment, promotion, transfer, remuneration or benefits of employment;

(b)

the termination of an individual’s employment; and

(c)

the taking of disciplinary action against an employee.

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Part 3

PERSONNEL MATTERS

Clause 12

Application of this Part

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This Part applies to and in relation to every Group 1, every Group 2 and every Group 3 public body to the extent provided in this Part.

Clause 13

Interpretation of this Part

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In this Part, unless the context otherwise requires —“appoint” includes appointing a public officer under a secondment arrangement making available temporarily to a public body the service of the public officer, but excludes promote;“disciplinary penalty”, for a chief executive, means dismissal from the office of chief executive, reduction in grade, financial penalty, stoppage of increment or withdrawal of any employment benefit because of misconduct;“public body” includes the governing body of a public body where the constitutional Act of the public body provides for such a governing body.

Definition

“appoint” includes appointing a public officer under a secondment arrangement making available temporarily to a public body the service of the public officer, but excludes promote;

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Definition

“disciplinary penalty”, for a chief executive, means dismissal from the office of chief executive, reduction in grade, financial penalty, stoppage of increment or withdrawal of any employment benefit because of misconduct;

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Definition

“public body” includes the governing body of a public body where the constitutional Act of the public body provides for such a governing body.

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Clause 14

Role of chief executive

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(1)

The chief executive of a public body is responsible to the public body —

(a)

for the proper administration and management of the functions and affairs of the public body in accordance with the policy laid down by the public body and the directions given to the public body under this Act; and

(b)

for ensuring delivery of services, and collaboration to achieve outcomes with other Singapore public sector agencies for the attainment of whole‑of‑government objectives that are communicated to the public body.

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(2)

The chief executive of a public body may be known by such designation as the constitutional Act of the public body prescribes or, subject to that Act, as that public body determines.

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Clause 15

Appointment of chief executive

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(1)

Subject to subsection (2), the chief executive of a Group 1A, Group 1B, Group 2A or Group 3 public body must be appointed by the public body, and no other.

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(2)

An individual must not be appointed as the chief executive of a Group 1A, Group 1B, Group 2A or Group 3 public body except —

(a)

with the prior approval of the responsible Minister for the public body, in the case of a Group 1A, Group 1B, Group 2A or Group 3 public body; and

(b)

with the prior concurrence of the Public Service Commission, in the case of a Group 1A or Group 1B public body.

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(3)

An individual must not be appointed as the chief executive of a Group 1C public body except with the prior concurrence of the Public Service Commission.

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(4)

Where an individual has been appointed as the chief executive of a public body in contravention of subsection (2) or (3), the responsible Minister for the public body may issue a direction to the public body to remove the individual as its chief executive; and the public body must comply with that direction.

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Clause 16

Removal of chief executive

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(1)

Subject to subsection (2), the chief executive of a Group 1, Group 2A or Group 3 public body must not be removed from that office except —

(a)

with the prior approval of the responsible Minister for the public body, in the case of a Group 1A, Group 1B, Group 2A or Group 3 public body; and

(b)

with the prior concurrence of the Public Service Commission, in the case of a Group 1 public body.

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(2)

Subsection (1) does not apply where —

(a)

a direction is given by a responsible Minister under section 15(4); or

(b)

the Public Service Commission concurs under section 17 with a dismissal of a chief executive of a Group 1 public body.

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(3)

To avoid doubt, this section does not prevent a resignation of an individual as a chief executive of a public body, or the acceptance by a public body of such a resignation.

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Clause 17

Disciplinary control over chief executive

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(1)

A disciplinary penalty must not be imposed by any Group 1 public body on its chief executive without the prior concurrence of the Public Service Commission with the decision of the public body to impose the disciplinary penalty.

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(2)

This section does not apply in relation to a chief executive of a public body who is a public officer under a secondment arrangement making available temporarily to the public body the service of the public officer.

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Clause 18

Promotion of chief executive

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(1)

A Group 1 public body must not promote its chief executive to a higher grade in that office without the prior concurrence of the Public Service Commission with the promotion.

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(2)

Where an individual has been promoted by a public body in contravention of subsection (1), the responsible Minister for the public body may give a direction to the public body to take such steps as are necessary to rectify the contravention; and the public body must comply with that direction despite any agreement or other law.

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(3)

This section does not apply in relation to a chief executive of a public body who is a public officer under a secondment arrangement making available temporarily to the public body the service of the public officer.

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Clause 19

Saving for other written law

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To avoid doubt, this Division does not affect any requirement in the Constitution for the concurrence of the President to an appointment or a removal of the chief executive of a public body in the Fifth Schedule to the Constitution.

Clause 20

Deemed public servants

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(1)

The following individuals of a Group 1, Group 2 or Group 3 public body are each deemed to be a public servant for the purposes of the Penal Code (Cap. 224) in relation to his or her carrying out any function of the public body:

(a)

the chairperson and a member of the public body;

(b)

the chief executive of the public body;

(c)

an officer of the public body.

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(2)

Every member of a committee which —

(a)

is formed by a Group 1A, Group 1B, Group 2 or Group 3 public body; and

(b)

is delegated to carry out any function of the public body under its constitutional Act or any other written law,is taken to be a public servant for the purposes of the Penal Code in relation to his or her carrying out the function of the public body.

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Clause 21

Deemed public officers

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(1)

Every individual mentioned in section 20 is taken to be a public officer for the purposes of the Financial Procedure Act (Cap. 109) in relation to —

(a)

his or her administration, assessment, collection or enforcement of payment of any fee, tax, charge, financial penalty or other sum of money which is imposed or collected under the constitutional Act of the public body or any other written law administered by the public body and —

(i)

is collected by the public body as an agent of the Government under the constitutional Act or that other written law; or

(ii)

is payable or required by the constitutional Act or other written law to be paid into the Consolidated Fund or other Government Fund;

(b)

his or her disbursing, on behalf of the Government, under the constitutional Act of the public body or any other written law administered by the public body, any financial assistance or other benefits using moneys withdrawn from the Consolidated Fund or other Government Fund; or

(c)

his or her administration and management of any contract entered into or managed by the public body on behalf of the Government,and section 20 of the Financial Procedure Act applies to each of these individuals even though they are not or were not in the employment of the Government.

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(2)

Every member and officer of a Group 1 public body with a function of acting as an agent of the Government is, in relation to his or her entering into contracts on behalf of the Government in the performance of that function, taken to be a public officer for the purposes of the Government Contracts Act (Cap. 118).

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Part 4

GOVERNANCE

Clause 22

Application of this Part

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This Part applies to and in relation to every Group 1, every Group 2 and every Group 3 public body.

Clause 23

Interpretation of “relevant matter”, “associate”, etc.

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(1)

In this Division, “relevant matter”, for a public body, means —

(a)

the public body’s performance of its functions or exercise of its powers under written law; or

(b)

an arrangement or agreement, or a contract, made or entered into, or proposed to be made or entered into, by the public body.

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(2)

A member of a public body is interested in a relevant matter relating to the public body if —

(a)

the member, or an associate of the member, may derive a direct or indirect financial benefit from the relevant matter;

(b)

the member, or an associate of the member, may have a direct or indirect financial interest in a person to whom the relevant matter relates; or

(c)

the member, or an associate of the member, is otherwise directly or indirectly interested in the matter.

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(3)

However, a member of a public body is not interested, directly or indirectly, in a relevant matter relating to the public body —

(a)

only because of an interest in a question about the level of remuneration, allowances or expenses to be set for members of the public body;

(b)

only because of an interest that the member, or an associate of the member, shares in common with the general public or a substantial section of the public;

(c)

only because the member, or an associate of the member, has an interest in payment or reimbursement of membership fees for, or expenses related to membership in, a body with predominantly charitable objects;

(d)

only because he or she has past or current involvement in the relevant sector, industry or practice;

(e)

only because the member, or an associate of the member, is a customer of any service provided or goods supplied by the public body to the public generally or a section of the public in the performance of its functions or exercise of its powers under written law;

(f)

only because the member is a director or chief executive officer of a wholly‑owned subsidiary corporation of the public body and the relevant matter is with or for the benefit of or done on behalf of that wholly‑owned subsidiary corporation;

(g)

where the member is appointed to represent —

(i)

the Government or a holder of a public office; or

(ii)

a community or special interest group in accordance with the constitutional Act of the public body,only because the relevant matter is with or for the benefit of or done on behalf of the Government or that public office or that community or group, as the case may be; or

(h)

if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence him or her in carrying out his or her responsibilities under this Act or another written law administered by the public body in respect of that relevant matter.

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(4)

In this Division, a person is an associate of another if —

(a)

they are spouses or siblings or a parent and child or they are in a similar close family relationship;

(b)

they are in partnership;

(c)

one is a company and the other is a director or manager of the company;

(d)

one is a private company within the meaning of the Companies Act (Cap. 50) and the other is a shareholder in the company; or

(e)

a chain of relationships can be traced between them under one or more of the above paragraphs.

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(5)

In this section, a person is a wholly‑owned subsidiary corporation of a public body if none of the members of the corporation is a person other than —

(a)

the public body;

(b)

a nominee of the public body;

(c)

a subsidiary of the public body being a subsidiary none of the members of which is a person other than that public body or a nominee of that public body; or

(d)

a nominee of a subsidiary mentioned in paragraph (c),and “subsidiary” has the same meaning as in the Companies Act.

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(6)

In this Division, unless the context otherwise requires, “public body” includes the governing body of a public body where the constitutional Act of the public body provides for such a governing body.

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Clause 24

Obligation to disclose interest

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(1)

A member of a public body who is interested in a relevant matter relating to the public body must disclose details of the interest in accordance with section 25 as soon as practicable after the member becomes aware that he or she is interested.

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(2)

A general notice of an interest —

(a)

in a relevant matter relating to the public body; or

(b)

in a relevant matter that may in future relate to the public body,that is disclosed in accordance with section 25 is a standing disclosure of that interest for the purposes of this section.

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(3)

However, a standing disclosure ceases to have effect if the nature of the interest materially alters or the extent of the interest materially increases.

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(4)

To avoid doubt, this section is in addition to, and not in derogation of, the operation of any rule of law restricting a member of a public body from having any interest in arrangements, agreements or contracts of the public body or from holding offices or possessing interests in conflict with his or her duties as such a member.

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Clause 25

To whom and what to disclose

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(1)

A member of a public body who is interested in a relevant matter relating to the public body must disclose details of the interest —

(a)

in the case of the chairperson —

(i)

to the chief executive and all other members of the public body; and

(ii)

to the responsible Minister for the public body; or

(b)

in the case of any other member —

(i)

to the chairperson of the public body;

(ii)

if there is no chairperson or the chairperson is interested, to a deputy chairperson of the public body; or

(iii)

if there is neither a chairperson nor deputy chairperson or if the chairperson and every deputy chairperson are interested, to the responsible Minister for the public body.

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(2)

The details that must be disclosed under this section are —

(a)

the nature of the interest and the monetary value of the interest (if the monetary value can be quantified); or

(b)

the nature and extent of the interest (if the monetary value cannot be quantified).

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(3)

The chief executive of a public body must ensure that every disclosure under this section —

(a)

is recorded in a register of interests kept by the public body; and

(b)

is brought to the attention of the member presiding at a meeting of the public body that relates to the relevant matter.

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Clause 26

Consequences of being interested in relevant matter

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A member of a public body who is interested in a relevant matter relating to the public body —

(a)

must not vote or take part in any discussion or decision of the public body or any committee relating to the matter, or otherwise participate in any activity of the public body that relates to the matter;

(b)

must withdraw from any meeting of the public body or committee during the consideration or discussion relating to the matter if the member presiding at the meeting so requests;

(c)

must not sign any document relating to the entry into a transaction or the initiation of the matter; and

(d)

must be disregarded for the purpose of forming a quorum for that part of a meeting of the public body or a committee during which a discussion or decision relating to the matter occurs or is made.

Clause 27

Consequences of failure to disclose interest

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(1)

A public body must notify its responsible Minister of a failure to comply with section 25 or 26, and of the matters affected, as soon as practicable after becoming aware of the failure.

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(2)

However, the exercise of any power or performance of any function of a public body by the public body is not affected merely because at the relevant time —

(a)

a member failed to disclose his or her interest in a relevant matter (within the meaning of this Division); or

(b)

the public body failed to give notice under this section.

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Clause 28

Application to committees of public bodies

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(1)

This section applies where a public body is permitted by its constitutional Act to appoint committees from among its members or other individuals —

(a)

to advise the public body on any matters relating to the public body’s functions that are referred to the committee by the public body; or

(b)

to perform or exercise any of the public body’s functions that are delegated to the committee.

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(2)

An individual may not be appointed as a member of such a committee of a public body unless, before appointment, he or she discloses to the public body the details of any interest the individual has at that time, or is likely to have, in matters relating to the committee if he or she were a member of that committee.

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(3)

Sections 23 to 27 apply to such a committee and the committee’s members subject to the following modifications:

(a)

the reference in those sections to a relevant matter is a reference to a relevant matter (within the meaning of section 23) regulated or managed by the committee;

(b)

the reference in those sections to a member of the public body is a reference to a committee member;

(c)

the reference in section 25 to disclosing details of an interest in a relevant matter to the responsible Minister for the public body is a reference to disclosing those details to the public body;

(d)

the reference in section 26 to a discussion, decision, activity or meeting of the public body is a reference to a discussion, decision, activity or meeting of the committee;

(e)

the reference in section 27 to the public body reporting to the responsible Minister is a reference to the committee reporting to the public body.

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Clause 29

Procedure generally

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The members of a public body must regulate their own procedure in accordance with —

(a)

this Act; and

(b)

any other specific requirements prescribed by any other Act not inconsistent with this Act.

Clause 30

Method of holding meetings

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(1)

A meeting of the public body may be held —

(a)

by a quorum of the members, being assembled together at the time and place appointed for the meeting; or

(b)

by means of audio, audio and visual, or electronic communication provided that —

(i)

the public body resolves that the meeting, or that all its meetings, may be held by such means;

(ii)

all of the members who wish to participate at the meeting have access to the technology needed to participate in the meeting; and

(iii)

a quorum of members can simultaneously communicate with each other throughout the meeting.

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(2)

For the purposes of this Part, a member of a public body participating in a meeting as permitted under subsection (1)(b)(i) is taken to be present at the meeting of the public body.

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Clause 31

Decision-making without meeting

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(1)

If —

(a)

a public body resolves that this section applies to any particular matter or all its matters;

(b)

all of the members of the public body for the time being are sent (whether by post, delivery or electronic communication) a document setting out a resolution about the matter or matters; and

(c)

a majority of those members who are entitled to vote on the matter sign or approve in writing a document containing a statement that they are in favour of a resolution in the terms set out in the document,a resolution in those terms is taken to be passed at a meeting of the public body as if it were held on the day that the last member required for the majority signs or approves the document.

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(2)

The resolution may consist of several documents each containing the same wording of the resolution and statement in favour, and each signed in writing by one or more members of a public body.

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(3)

For the purpose of the approval of a resolution under this section, the chairperson and each member of the public body have the same voting rights as they have as prescribed in or under its constitutional Act at a meeting of the public body.

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(4)

A resolution approved under this section must be recorded in the minutes of the meetings of the public body after the resolution is approved.

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Clause 32

Delegation of functions

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(1)

Where a public body is permitted by its constitutional Act or other written law to delegate the performance of any of the public body’s functions (whether under this Act or other written law), unless in such Act it is otherwise expressly provided, the power to delegate does not extend to that power to delegate.

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(2)

A delegation of functions of a public body under this section —

(a)

does not affect or prevent the performance of any function by the public body; and

(b)

is not affected by any change in the membership of the public body or of any committee, or by any change in the chief executive or employee of the public body.

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Part 5

FINANCIAL ADMINISTRATION

Clause 33

Application of this Part

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(1)

This Part applies to and in relation to —

(a)

every Group 1 public body to the extent provided in this Part;

(b)

every Group 2 public body; and

(c)

every Group 3B public body.

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(2)

To avoid doubt, this Part does not affect —

(a)

any power of the President under the Constitution in relation to any annual estimates or supplementary estimates of a Group 1 public body which is specified in the Fifth Schedule to the Constitution;

(b)

any power of the responsible Minister for a public body under the constitutional Act of the public body to approve any annual estimates or supplementary estimates of a public body or any part of those estimates; or

(c)

any specific requirement in or under a constitutional Act of a public body that delimits the time by, or form in, which —

(i)

the annual estimates or supplementary estimates of the public body must be prepared or given to a responsible Minister of the public body;

(ii)

the annual financial statements must be prepared for audit; or

(iii)

the audited financial statements must be sent to the responsible Minister.

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Clause 34

Annual estimates

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(1)

A public body or its governing body must, in every financial year of the public body, prepare or cause to be prepared, and must adopt a statement containing annual estimates of its revenue and expenditure for the following financial year.

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(2)

A copy of the statement of annual estimates mentioned in subsection (1) must, upon their adoption by the public body or its governing body (as the case may be), be sent as soon as possible to the responsible Minister for the public body.

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Clause 35

Supplementary estimates

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(1)

A public body or its governing body may, during its financial year, prepare or cause to be prepared, and may adopt, a statement containing supplementary estimates of its revenue and expenditure for that financial year.

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(2)

A copy of the statement of supplementary estimates mentioned in subsection (1) must, upon their adoption by the public body or its governing body (as the case may be), be sent as soon as possible to the responsible Minister for the public body.

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Clause 36

Financial accounts and records

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A public body must —

(a)

keep proper accounts and records of its transactions and affairs and in accordance with the requirements of written law; and

(b)

do all things necessary to ensure that —

(i)

all payments out of its moneys are correctly made and properly authorised; and

(ii)

adequate control is maintained over the property and assets of, or in the custody of, the public body and over the expenditure incurred by the public body.

Clause 37

Auditor of public body

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(1)

The accounts of a public body must be audited by —

(a)

the Auditor-General; or

(b)

another auditor appointed annually by the responsible Minister for the public body in consultation with the Auditor‑General.

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(2)

A person is not qualified for appointment as an auditor under subsection (1)(b) unless the person is a public accountant who is registered or deemed to be registered under the Accountants Act (Cap. 2).

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(3)

The remuneration of the auditor of a public body appointed under subsection (1) must be paid out of the funds of the public body unless otherwise provided in the constitutional Act of the public body.

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(4)

This section does not apply to or in relation to a Group 1B public body.

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Clause 38

Powers of auditor

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(1)

A public body must, as soon as practicable after the close of each financial year but not later than the time (if any) delimited in its constitutional Act, prepare and submit the financial statements in respect of that year to the auditor of the public body, who must audit and report on them.

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(2)

For the purpose of auditing and reporting on the financial statements submitted under subsection (1), the auditor of the public body, or a person authorised by the auditor for that purpose (called in this section an authorised person), is entitled at all reasonable times —

(a)

to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the public body;

(b)

to make copies of or take extracts from any of those accounting and other records; and

(c)

to require any person to furnish the auditor or authorised person with such information in the possession of that person, or to which that person has access, as the auditor or authorised person considers necessary for the purposes of the auditor’s functions under this Act.

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(3)

A person —

(a)

who fails, without any reasonable cause, to comply with any requirement of the auditor of the public body or an authorised person under subsection (2); or

(b)

who otherwise hinders, obstructs or delays the auditor or the authorised person in the performance of his or her functions or the exercise of his or her powers,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

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(4)

This section does not apply to or in relation to a Group 1B public body.

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Clause 39

Auditor’s report

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(1)

The report of the auditor of a public body about the financial statements submitted under section 38(1) must state —

(a)

whether the financial statements show fairly the financial transactions and the state of affairs of the public body;

(b)

whether proper accounting and other records have been kept, including records of all assets of the public body whether purchased, donated or otherwise;

(c)

whether the receipts, expenditure, investment of moneys, and the acquisition and disposal of assets, by the public body during the financial year have been in accordance with this Act, the constitutional Act of the public body and the requirements of any other written law applicable to moneys of or managed by the public body; and

(d)

such other matters arising from the audit as the auditor considers should be reported.

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(2)

The auditor of a public body must, as soon as practicable after the accounts have been submitted to the auditor for audit, send a report of the audit to the public body.

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(3)

The auditor of a public body may at any other time report to the responsible Minister for the public body through the public body upon any matter arising out of the performance of an audit under this Act.

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(4)

This section does not apply to or in relation to a Group 1B public body.

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Clause 40

Audited annual financial statements

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(1)

A public body (except a Group 1B or Group 1C public body) must, as soon as its accounts and financial statements have been audited in accordance with the provisions of this Act, send to the responsible Minister for the public body a copy of the audited financial statements, signed by the chairperson of the public body, together with a copy of the auditor’s report under section 39(1).

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(2)

Where the auditor of a public body is not the Auditor‑General, the auditor must forward a copy of the audited financial statements and any report made by the auditor under section 39(1) to the Auditor‑General at the same time they are submitted to the public body.

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(3)

The responsible Minister for a public body must, as soon as practicable, cause a copy of the audited financial statements and of the auditor’s report mentioned in subsection (1) to be presented to Parliament.

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(4)

Subsections (2) and (3) do not apply to or in relation to a Group 1B public body.

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Clause 41

Annual and other reports of public body

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(1)

A public body must, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to its responsible Minister a report dealing generally with the activities of the public body during the preceding financial year and containing such information relating to the proceedings and policy of the public body as the responsible Minister may, from time to time, direct.

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(2)

The responsible Minister for a public body must, as soon as practicable, cause to be presented to Parliament a copy of every report under subsection (1) received from the public body.

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(3)

Subsection (2) does not apply to or in relation to a Group 1B public body.

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Part 6

GENERAL PROVISIONS

Clause 42

Amendment of Schedules

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(1)

The Minister may, by order in the Gazette, add, delete or replace any public body in any of the Schedules.

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(2)

However, nothing in subsection (1) authorises adding the Monetary Authority of Singapore to any of the Schedules.

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Clause 43

Regulations

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(1)

The Minister may make regulations for the purposes of this Act.

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(2)

Regulations under subsection (1) may, in particular —

(a)

prescribe the procedure for a public body to obtain the concurrence of the Public Service Commission for any appointment or promotion of, or a disciplinary penalty to be imposed on, a chief executive of a public body;

(b)

make different provisions for different public bodies or different purposes; and

(c)

prescribe anything required or allowed to be prescribed for the purposes of this Act.

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Clause 44

Presentation to Parliament

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All subsidiary legislation made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.

Part 7

CONSEQUENTIAL AND RELATED AMENDMENTS TO OTHER ACTS

Clause 45

Related amendment to Interpretation Act

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The Interpretation Act (Cap. 1, 2002 Ed.) is amended by inserting, immediately after section 35, the following section:“Subsidiary legislation by statutory body, etc.35A.—

(1)

Where a statutory body is permitted by any written law to delegate the performance of any of the statutory body’s functions or the exercise of any of the statutory body’s powers, that power to delegate does not extend to the power to make any subsidiary legislation.(2) Where any Act confers upon a statutory body power to make subsidiary legislation, it is sufficient, unless in such Act it is otherwise provided, if the exercise of that power by the statutory body is signified under the hand of —

(a)

the chairperson of the statutory body; or

(b)

a member of the statutory body duly authorised by that body to do so in place of the chairperson.”.

Clause 46

Amendments to Accounting and Corporate Regulatory Authority Act

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The Accounting and Corporate Regulatory Authority Act (Cap. 2A, 2005 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 8 and substituting the following subsection:“(1) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by deleting the words “, except the power of delegation conferred by this section and the power to make subsidiary legislation under this Act or such other written law” in section 9(2);

(d)

by repealing section 10 and substituting the following section:“Chief Executive, officers and employees, etc.10.—

(1)

There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by repealing section 21 and substituting the following section:“Financial year

21. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(f)

by deleting paragraph (iii) of section 34(1) and substituting the following paragraphs:“(iii)in compliance with the requirement of any court or as required or allowed by the provisions of any written law;

(iiia)with the prior authorisation from the Authority to do so;”;

(g)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 12(7) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”; and

(h)

by repealing sections 9(4), 12, 16(1), (2) and (3) and 29, paragraph 10 of the First Schedule, and the Third Schedule.

Clause 47

Amendments to Administration of Muslim Law Act

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The Administration of Muslim Law Act (Cap. 3, 2009 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Majlis, and includes any individual acting in that capacity;”;

(b)

by repealing section 7A and substituting the following section:“Chief Executive7A.—

(1)

There must be a Chief Executive of the Majlis, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Majlis may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

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

(c)

by inserting, immediately after the words “expressly authorised” in section 27(2), the words “or allowed by the provisions of any written law”;

(d)

by inserting, immediately after the words “subject to the provisions of this Act” in section 29(1), the words “and the Public Sector (Governance) Act 2018”; and

(e)

by repealing sections 26(4) and 28.

Clause 48

Amendments to Agency for Science, Technology and Research Act

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The Agency for Science, Technology and Research Act (Cap. 5A, 2002 Ed.) is amended —

(a)

by deleting the definition of “chief executive officer” in section 2 and substituting the following definition:“ “chief executive officer” means the chief executive of the Agency, and includes any individual acting in that capacity;”;

(b)

by deleting the words “, except the power of delegation conferred by this paragraph” in section 7(1)(a);

(c)

by repealing section 14 and substituting the following section:“Financial year

14. The financial year of the Agency begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(d)

by deleting subsection (1) of section 15 and substituting the following subsection:“(1) The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(e)

by repealing section 16 and substituting the following section:“Chief executive officer, other officers and employees, etc.16.—

(1)

There must be a chief executive officer of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(f)

by deleting the words “any court or under” in section 19(1) and substituting the words “any court or where required or allowed by”;

(g)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 14(8) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”; and

(h)

by repealing sections 13 and 18, paragraph 12 of the First Schedule, and the Second Schedule.

Clause 49

Amendments to Agri-Food and Veterinary Authority Act

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The Agri-Food and Veterinary Authority Act (Cap. 5, 2012 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 9(7), the words “and the Public Sector (Governance) Act 2018”;

(c)

by deleting subsection (2) of section 11 and substituting the following subsection:“(2) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(d)

by inserting, immediately after the words “Subject to this Act” in section 13(2), the words “, the Public Sector (Governance) Act 2018”;

(e)

by deleting the words “, and no delegated person shall prevent the exercise of any power, function or duty by the Authority” in section 14(3);

(f)

by repealing section 15 and substituting the following section:“Chief Executive, officers and employees, etc.15.—

(1)

There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(g)

by repealing section 19 and substituting the following section:“Minister’s approval of estimates19.—

(1)

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Authority, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Authority, and the Authority is bound by the Minister’s decision.(4) However, the Authority may transfer all or any part of moneys assigned to one item of expenditure to any item under the same head of expenditure in any estimates approved by the Minister.”;

(h)

by deleting the words “any court or under” in section 44(1) and substituting the words “any court or where required or allowed by”; and

(i)

by repealing sections 10, 17, 26, 27, 28, 29 and 37.

Clause 50

Amendments to Architects Act

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The Architects Act (Cap. 12, 2000 Ed.) is amended —

(a)

by deleting the definition of “Registrar” in section 2 and substituting the following definition:“ “Registrar” means the Registrar of the Board, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 4F(4), the words “and the Public Sector (Governance) Act 2018”;

(c)

by deleting subsection (1) of section 9 and substituting the following subsections:“(1) There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018.(1A) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar during any period, or during all periods, when the Registrar —

(a)

is absent from duty or Singapore; or

(b)

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

(d)

by deleting the words “The Registrar shall” in section 9(2) and substituting the words “In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must”; and

(e)

by repealing sections 4F(1A) and (1B), 4G, 7(6) and 32(5) and (6).

Clause 51

Amendments to Building and Construction Authority Act

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The Building and Construction Authority Act (Cap. 30A, 2012 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 7(7), the words “and the Public Sector (Governance) Act 2018”;

(c)

by deleting subsection (2) of section 9 and substituting the following subsection:“(2) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(d)

by inserting, immediately after the words “and any regulations made thereunder” in section 11(2), the words “, the Public Sector (Governance) Act 2018”;

(e)

by deleting the words “except the power of delegation conferred by this subsection and the power to make subsidiary legislation conferred by this Act or any other written law” in section 12(1);

(f)

by deleting the words “, and no such delegation shall prevent the exercise of any power, function or duty by the Authority” in section 12(3);

(g)

by repealing section 13 and substituting the following section:“Chief Executive, officers and employees, etc.13.—

(1)

There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(h)

by repealing section 17 and substituting the following section:“Minister’s approval of estimates17.—

(1)

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Authority, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Authority, and the Authority is bound by the Minister’s decision.”;

(i)

by inserting, immediately after the words “committees of the Authority” in section 35(a), the words “, to the extent not inconsistent with the Public Sector (Governance) Act 2018”; and

(j)

by repealing sections 8, 15, 21, 22, 23, 24 and 32.

Clause 52

Amendments to Casino Control Act

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The Casino Control Act (Cap. 33A, 2007 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2(1) and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;”;

(b)

by deleting the words “section 13(5)” in the definition of “inspector” in section 2(1) and substituting the words “section 13(3)”;

(c)

by repealing section 11 and substituting the following section:“Directions by Minister

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

(d)

by deleting subsections (1) to (5) of section 13 and substituting the following subsections:“(1) There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants, inspectors and agents as may be necessary for the effective performance of its functions.”;

(e)

by deleting the words “any court or under” in section 190(1) and substituting the words “any court or where required or allowed by”;

(f)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 14(8) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”; and

(g)

by repealing sections 12(4), 27, 28, 29, 30 and 31, and paragraph 12 of the First Schedule.

Clause 53

Amendments to Central Provident Fund Act

Open as pageSuggest a correction

The Central Provident Fund Act (Cap. 36, 2013 Ed.) is amended —

(a)

by inserting, immediately after the definition of “Board” in section 2(1), the following definition:“ “chief executive officer” means the chief executive of the Board, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (6) of section 3 and substituting the following subsection:“(6) The Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions, duties or activities under this Act or any other written law, and may by instrument in writing delegate to any person all or any of those powers.”;

(c)

by deleting subsections (1), (1A), (2) and (3) of section 4A and substituting the following subsections:“(1) There must be a chief executive officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018, and Article 22A of the Constitution.(2) The Board may, subject to the Public Sector (Governance) Act 2018 and Article 22A of the Constitution, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(d)

by inserting, immediately after section 5C, the following section:“Directions by Minister5D. The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(e)

by deleting the words “as provided for in the Second Schedule shall” in section 10(1);

(f)

by deleting paragraph 4 of the Second Schedule and substituting the following paragraph:“4. The auditor of the Board must submit such periodical and special reports to the Minister and to the Board as may appear to the auditor to be necessary or as the Minister or the Board may require.”;

(g)

by inserting, immediately after the words “audited financial statements” in paragraph 6(3) of the Second Schedule, the words “of the Board”; and

(h)

by repealing paragraphs 1, 2, 3, 5, 6(1) and (2) and 8 of the Second Schedule.

Clause 54

Amendments to Civil Aviation Authority of Singapore Act

Open as pageSuggest a correction

The Civil Aviation Authority of Singapore Act (Cap. 41, 2014 Ed.) is amended —

(a)

by repealing section 9 and substituting the following section:“Directions by Minister

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

(b)

by deleting the words “, except the power of delegation conferred by this section and the power to make any subsidiary legislation” in section 10(2);

(c)

by repealing section 11 and substituting the following section:“Chief Executive, officers and employees, etc.11.—

(1)

There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(d)

by deleting the words “any court or under” in section 14(1) and substituting the words “any court or where required or allowed by”;

(e)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 17 of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(f)

by deleting the words “or by any contravention of paragraph 12 by any member” in paragraph 18 of the First Schedule; and

(g)

by repealing sections 10(4), 12, 21, 22 and 23, paragraphs 12 and 15 of the First Schedule, and the Third Schedule.

Clause 55

Amendments to Civil Service College Act

Open as pageSuggest a correction

The Civil Service College Act (Cap. 45, 2002 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the College, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 9(7), the words “and the Public Sector (Governance) Act 2018”;

(c)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 11(2), the words “and the Public Sector (Governance) Act 2018”;

(d)

by deleting subsection (2) of section 13 and substituting the following subsection:“(2) The Minister may give to the College any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(e)

by repealing section 15 and substituting the following section:“Chief Executive, officers and employees, etc.15.—

(1)

There must be a Chief Executive of the College, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The College may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The College may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(f)

by deleting the words “any court or under” in section 40(1) and substituting the words “any court or where required or allowed by”; and

(g)

by repealing sections 10, 12(3), 17, 19(1), (2) and (3), 26, 27, 28, 29 and 37.

Clause 56

Amendments to Competition Act

Open as pageSuggest a correction

The Competition Act (Cap. 50B, 2006 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2(1) and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Commission, and includes any individual acting in that capacity;”;

(b)

by repealing section 8 and substituting the following section:“Directions by Minister

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

(c)

by deleting the words “make regulations, prescribe or levy dues and rates and borrow money and the power of delegation conferred by this subsection” in section 9(2) and (3) and substituting in each case the words “prescribe or levy dues and rates and borrow money”;

(d)

by repealing section 10 and substituting the following section:“Chief Executive, officers and employees, etc.10.—

(1)

There must be a Chief Executive of the Commission, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Commission may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Commission may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by repealing section 12 and substituting the following section:“Minister’s approval of estimates12.—

(1)

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Commission, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Commission, and the Commission is bound by the Minister’s decision.(4) However, the Commission may transfer all or any part of moneys assigned to one item of expenditure to any item under the same head of expenditure in any estimates approved by the Minister.”;

(f)

by deleting the word “permitted” in section 89(1)(ii) and substituting the word “allowed”;

(g)

by deleting the words “members, officers and employees of the Commission, all” in section 91;

(h)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 16(2) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(i)

by inserting the word “or” at the end of paragraph 17(b) of the First Schedule;

(j)

by deleting the word “; or” at the end of paragraph 17(c) of the First Schedule and substituting a full‑stop;

(k)

by deleting sub‑paragraph (d) of paragraph 17 of the First Schedule; and

(l)

by repealing sections 9(4), 20, 21(1) to (5), 22, 23 and 31, and paragraph 11 of the First Schedule.

Clause 57

Amendments to Defence Science and Technology Agency Act

Open as pageSuggest a correction

The Defence Science and Technology Agency Act (Cap. 75A, 2001 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Agency, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 8 and substituting the following subsection:“(1) The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by repealing section 10 and substituting the following section:“Chief Executive10.—

(1)

There must be a Chief Executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Commission may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

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

(d)

by deleting subsection (1) of section 11 and substituting the following subsection:“(1) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by repealing section 17 and substituting the following section:“Minister’s approval of estimates17.—

(1)

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Agency, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Agency, and the Agency is bound by the Minister’s decision.”;

(f)

by repealing section 30 and substituting the following section:“Presenting annual report to committee

30. The Minister must cause a copy of every annual report on the activities of the Agency to be presented to a committee appointed by the Prime Minister.”;

(g)

by deleting the words “any court or under” in section 32(1) and substituting the words “any court or where required or allowed by”;

(h)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 12(6) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”; (i)by deleting the words “section 30(2)” in paragraph 10(2) of the Second Schedule and substituting the words “section 30”; and

(j)

by repealing sections 9(4) and 13, and paragraph 2 of the Second Schedule.

Clause 58

Amendments to Dental Registration Act

Open as pageSuggest a correction

The Dental Registration Act (Cap. 76, 2009 Ed.) is amended —

(a)

by deleting the words “The Registrar shall” in section 13(1) and substituting the words “In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must”; and

(b)

by repealing sections 11(4) and 54(5).

Clause 59

Amendments to Economic Development Board Act

Open as pageSuggest a correction

The Economic Development Board Act (Cap. 85, 2012 Ed.) is amended —

(a)

by deleting the definition of “chief executive officer” in section 2 and substituting the following definition:“ “chief executive officer” means the chief executive of the Board, and includes any individual acting in that capacity;”;

(b)

by deleting subsections (1) and (2) of section 7 and substituting the following subsection:“(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by repealing section 8 and substituting the following section:“Chief executive officer8.—

(1)

There must be a chief executive officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer —

(a)

is absent from duty or Singapore; or

(b)

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

(d)

by deleting paragraph (a) of section 9 and substituting the following paragraph:“(a)subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions; and”;

(e)

by deleting the words “, except the power of delegation conferred by this section and the power to make subsidiary legislation under this Act or such other written law” in section 12(2);

(f)

by deleting paragraph (iii) of section 27B(1) and substituting the following paragraphs:“(iii)in compliance with the requirement of any court or as required or allowed under the provisions of any written law;

(iiia)with the prior authorisation from the Board to do so; or”;

(g)

by inserting, immediately after the words “to be followed thereat” in section 29(1)(a), the words “, to the extent not inconsistent with the Public Sector (Governance) Act 2018”;

(h)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 6(5) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”; and

(i)

by repealing sections 12(4), 15, 24, 24A and 25, paragraph 7 of the First Schedule, and the Second Schedule.

Clause 60

Amendments to Energy Market Authority of Singapore Act

Open as pageSuggest a correction

The Energy Market Authority of Singapore Act (Cap. 92B, 2002 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 8 and substituting the following subsection:“(1) The Minister may, after consulting the Authority, give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by deleting the words “Without prejudice to the generality of” in section 8(2) and substituting the words “In addition to the power mentioned in”;

(d)

by repealing section 9 and substituting the following section:“Chief Executive, officers and employees, etc.9.—

(1)

There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by repealing section 18 and substituting the following section:“Financial year

18. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(f)

by deleting the words “any court or under” in section 28(1) and substituting the words “any court or where required or allowed by”;

(g)

by deleting the words “or, in the case of a compoundable offence under paragraph 10 of the Third Schedule, a sum not exceeding $500” in section 30(1);

(h)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 14(2) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(i)

by deleting the words “make regulations,” in paragraph 15(2) and (3) of the First Schedule; and

(j)

by repealing sections 10, 14(1), (2) and (3) and 19, paragraphs 9 and 15(4) of the First Schedule, and the Third Schedule.

Clause 61

Amendments to Estate Agents Act

Open as pageSuggest a correction

The Estate Agents Act (Cap. 95A, 2011 Ed.) is amended —

(a)

by deleting the definition of “Executive Director” in section 3(1) and substituting the following definition:“ “Executive Director” means the chief executive of the Council called the Executive Director, and includes any individual acting in that capacity;”;

(b)

by deleting paragraph (a) of section 8(1) and substituting the following paragraph:“(a)a chairperson called the President;”;

(c)

by repealing section 11 and substituting the following section:“Directions by Minister

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

(d)

by deleting the words “, except the power to make subsidiary legislation and the power of delegation conferred by this subsection” in section 12(5);

(e)

by repealing section 13 and substituting the following section:“Executive Director, officers and employees, etc.13.—

(1)

There must be an Executive Director of the Council, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Council may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Executive Director during any period, or during all periods, when the Executive Director —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(f)

by deleting the words “any court or under” in section 14(1) and substituting the words “any court or where required or allowed by”;

(g)

by repealing section 18 and substituting the following section:“Minister’s approval of estimates18.—

(1)

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Council, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Council, and the Council is bound by the Minister’s decision.(4) However, the Council may transfer all or any part of moneys assigned to one item of expenditure to any item under the same head of expenditure in any estimates approved by the Minister.”;

(h)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 15(2) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(i)

by inserting the word “or” at the end of paragraph 17(b) of the First Schedule;

(j)

by deleting the word “; or” at the end of paragraph 17(c) of the First Schedule and substituting a full‑stop;

(k)

by deleting sub‑paragraph (d) of paragraph 17 of the First Schedule; and

(l)

by repealing sections 12(7), 16, 26 and 27, paragraphs 12 and 16 of the First Schedule, and the Second Schedule.

Clause 62

Related amendment to Fire Safety Act

Open as pageSuggest a correction

Section 8E(1) of the Fire Safety Act (Cap. 109A, 2000 Ed.) is amended by deleting the words “a Division I, II or III public officer” in paragraph (a) and substituting the words “a public officer (except an operations support officer at grade III, IV or V or other public officer at equivalent grade)”.

Clause 63

Related amendment to Government Contracts Act

Open as pageSuggest a correction

Section 2 of the Government Contracts Act (Cap. 118, 2013 Ed.) is amended by inserting, immediately after subsection (2), the following subsection:“(3) For the purposes of this section, an individual who is an employee of a statutory body under a secondment arrangement making available temporarily to the Government the service of the individual is deemed to be a public officer during that secondment.”.

Clause 64

Amendments to Government Technology Agency Act 2016

Open as pageSuggest a correction

The Government Technology Agency Act 2016 (Act 23 of 2016) is amended —

(a)

by deleting the definition of “auditor” in section 2;

(b)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Agency, and includes any individual acting in that capacity;”;

(c)

by deleting subsection (1) of section 8 and substituting the following subsection:“(1) The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(d)

by deleting the words “of section 23” in section 13(4)(b) and substituting the words “given by Part 4 of the Public Sector (Governance) Act 2018”;

(e)

by inserting the word “or” at the end of section 18(1)(b);

(f)

by deleting the words “Division 3, and the Agency reports to the Minister, under section 27,” in section 21(1)(f) and substituting the words “the Public Sector (Governance) Act 2018 and the Agency reports to the Minister under that Act”;

(g)

by deleting the words “of section 23” wherever they appear in section 32(1)(a) and (b) and substituting in each case the words “given by Part 4 of the Public Sector (Governance) Act 2018”;

(h)

by deleting the words “(within the meaning of section 23, as modified by section 37(3))” in section 36(4) and substituting the words “(within the meaning given by Part 4 of the Public Sector (Governance) Act 2018)”;

(i)

by inserting, immediately after the words “Subject to this Act” in section 37(1), the words “, the Public Sector (Governance) Act 2018”;

(j)

by repealing sections 40 and 41 and substituting the following section:“Chief Executive, officers and employees, etc.40.—

(1)

There must be a Chief Executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”; and

(k)

by repealing sections 18(1)(c) and (d), 30, 32(3), 34, 37(3), 38(3)(a) and (b) and (4)(a) and (b), 42, 49, 50, 54, 55, 56, 57 and 58, and Division 3 of Part 3.

Clause 65

Amendments to Health Promotion Board Act

Open as pageSuggest a correction

The Health Promotion Board Act (Cap. 122B, 2002 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Board, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 9(7), the words “and the Public Sector (Governance) Act 2018”;

(c)

by deleting subsection (2) of section 11 and substituting the following subsection:“(2) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(d)

by inserting, immediately after the words “Subject to this Act” in section 13(2), the words “and the Public Sector (Governance) Act 2018”;

(e)

by repealing section 15 and substituting the following section:“Chief Executive, officers and employees, etc.15.—

(1)

There must be a Chief Executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(f)

by repealing section 19 and substituting the following section:“Minister’s approval of estimates19.—

(1)

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Board, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Board, and the Board is bound by the Minister’s decision.(4) However, the Board may transfer all or any part of moneys assigned to one item of expenditure to any item under the same head of expenditure in any estimates approved by the Minister.”;

(g)

by deleting the words “any court or under” in section 39(1) and substituting the words “any court or where required or allowed by”; and

(h)

by repealing sections 10, 14(3), 17, 26, 27, 28, 29 and 37.

Clause 66

Amendments to Health Sciences Authority Act

Open as pageSuggest a correction

The Health Sciences Authority Act (Cap. 122C, 2002 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 9(7), the words “and the Public Sector (Governance) Act 2018”;

(c)

by deleting subsection (2) of section 11 and substituting the following subsection:“(2) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(d)

by inserting, immediately after the words “Subject to this Act” in section 13(2), the words “and the Public Sector (Governance) Act 2018”;

(e)

by repealing section 15 and substituting the following section:“Chief Executive, officers and employees, etc.15.—

(1)

There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(f)

by deleting the words “any court or under” in section 39(1) and substituting the words “any court or where required or allowed by”; and

(g)

by repealing sections 10, 14(3), 17, 19(1), (2) and (3), 26, 27, 28, 29 and 37.

Clause 67

Amendments to Housing and Development Act

Open as pageSuggest a correction

The Housing and Development Act (Cap. 129, 2004 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive Officer” in section 2(1) and substituting the following definition:“ “Chief Executive Officer” means the Chief Executive Officer of the Board, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 12(2), the words “and the Public Sector (Governance) Act 2018”;

(c)

by deleting subsection (1) of section 18 and substituting the following subsection:“(1) The Minister may, after consulting the Board, give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(d)

by inserting, immediately after the words “with the approval of the Minister,” in section 28, the words “and subject to the Public Sector (Governance) Act 2018,”;

(e)

by deleting the words “except the power —” and paragraphs (a), (b) and (c) of section 29(2) and substituting the words “except the power to borrow money.”;

(f)

by repealing section 38 and substituting the following section:“Chief Executive Officer38.—

(1)

There must be a Chief Executive Officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018 and Article 22A of the Constitution.(2) The Board may, subject to the Public Sector (Governance) Act 2018 and Article 22A of the Constitution, appoint an individual to act temporarily as the Chief Executive Officer during any period, or during all periods, when the Chief Executive Officer —

(a)

is absent from duty or Singapore; or

(b)

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

(g)

by deleting the words “in accordance with the provisions of this Act” in section 73(1);

(h)

by deleting subsections (2) and (3) of section 73 and substituting the following subsection:“(2) The auditor may at any other time report to the Minister and the President upon any matter arising out of the performance of his audit.”; and

(i)

by repealing sections 8, 29(3)(b) and (c) and (5), 45, 71(1) and (4) to (9), 72 and 74.

Clause 68

Amendments to Info-communications Media Development Authority Act 2016

Open as pageSuggest a correction

The Info-communications Media Development Authority Act 2016 (Act 22 of 2016) is amended —

(a)

by deleting the definition of “auditor” in section 2;

(b)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;”;

(c)

by deleting subsection (1) of section 8 and substituting the following subsection:“(1) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(d)

by deleting the words “of section 23” in section 13(4)(b) and substituting the words “given by Part 4 of the Public Sector (Governance) Act 2018”;

(e)

by inserting the word “or” at the end of section 18(1)(b);

(f)

by deleting the words “Division 3, and the Authority reports to the Minister, under section 27,” in section 21(1)(f) and substituting the words “the Public Sector (Governance) Act 2018 and the Authority reports to the Minister under that Act”;

(g)

by deleting the words “of section 23” wherever they appear in section 32(1)(a) and (b) and substituting in each case the words “given by Part 4 of the Public Sector (Governance) Act 2018”;

(h)

by deleting the words “(within the meaning of section 23, as modified by section 37(3))” in section 36(4) and substituting the words “(within the meaning given by Part 4 of the Public Sector (Governance) Act 2018)”;

(i)

by inserting, immediately after the words “Subject to this Act” in section 37(1), the words “, the Public Sector (Governance) Act 2018”;

(j)

by repealing sections 40 and 41 and substituting the following section:“Chief Executive, officers and employees, etc.40.—

(1)

There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”; and

(k)

by repealing sections 18(1)(c) and (d), 30, 32(3), 34, 37(3), 38(3)(a) and (b) and (4)(b), 43, 50, 51, 55, 56, 57, 58 and 59, and Division 3 of Part 3.

Clause 69

Amendments to Inland Revenue Authority of Singapore Act

Open as pageSuggest a correction

The Inland Revenue Authority of Singapore Act (Cap. 138A, 2012 Ed.) is amended —

(a)

by inserting, immediately after section 7, the following section:“Directions by Minister7A. The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(b)

by deleting the words “, except the power of delegation conferred by this section” in section 8(2);

(c)

by repealing section 9 and substituting the following section:“Chief executive officer, officers and employees, etc.9.—

(1)

There must be a chief executive officer of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(d)

by repealing section 17 and substituting the following section:“Financial year

17. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(e)

by deleting the words “any court or under” in section 27(1) and substituting the words “any court or where required or allowed by”;

(f)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 14 of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(g)

by deleting the words “or by any contravention of paragraph 10 by any member” in paragraph 15 of the First Schedule; and

(h)

by repealing sections 8(3), 11 and 29, paragraph 10 of the First Schedule, and the Second Schedule.

Clause 70

Amendments to Intellectual Property Office of Singapore Act

Open as pageSuggest a correction

The Intellectual Property Office of Singapore Act (Cap. 140, 2002 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Office, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 8 and substituting the following subsection:“(1) The Minister may give to the Office any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by deleting the words “, except the power of delegation conferred by this section” in section 9(2);

(d)

by repealing section 10 and substituting the following section:“Chief Executive, officers and employees, etc.10.—

(1)

There must be a Chief Executive of the Office, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Office may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Office may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by repealing section 16 and substituting the following section:“Minister’s approval of estimates16.—

(1)

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Office, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Office, and the Office is bound by the Minister’s decision.”;

(f)

by repealing section 20 and substituting the following section:“Financial year

20. The financial year of the Office begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(g)

by deleting the words “any court or under” in section 36(1) and substituting the words “any court or where required or allowed by”;

(h)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 14(7) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”; and

(i)

by repealing sections 9(3), 12 and 28, paragraph 12 of the First Schedule, and the Second Schedule.

Clause 71

Amendments to ISEAS — Yusof Ishak Institute Act

Open as pageSuggest a correction

The ISEAS — Yusof Ishak Institute Act (Cap. 141, 2013 Ed.) is amended —

(a)

by deleting the definition of “Director” in section 2 and substituting the following definition:“ “Director” means the Director of the Institute, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after section 5, the following section:“Directions by Minister5A. The Minister may give to the Institute any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by deleting the words “and financial provisions” in the section heading of section 11;

(d)

by deleting subsection (1) of section 12 and substituting the following subsection:“(1) There must be a chief executive of the Institute called the Director, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.”;

(e)

by inserting, immediately after subsection (2) of section 12, the following subsections:“(3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Director during any period, or during all periods, when the Director —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(4) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”; and

(f)

by repealing sections 11(3), 11A and 17, and the Schedule.

Clause 72

Amendments to Institute of Technical Education Act

Open as pageSuggest a correction

The Institute of Technical Education Act (Cap. 141A, 1993 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive Officer” in section 2 and substituting the following definition:“ “Chief Executive Officer” means the Chief Executive Officer of the Institute, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 11(6), the words “and the Public Sector (Governance) Act 2018”;

(c)

by deleting subsection (1) of section 14 and substituting the following subsection:“(1) The Minister may, after consulting the Board, give to the Institute any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(d)

by repealing sections 22 and 23 and substituting the following sections:“Chief Executive Officer22.—

(1)

There must be a Chief Executive Officer of the Institute, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive Officer during any period, or during all periods, when the Chief Executive Officer —

(a)

is absent from duty or Singapore; or

(b)

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

23. The Institute may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”; and

(e)

by repealing sections 12, 15(4), 25, 30, 31, 32, 33 and 34.

Clause 73

Amendments to International Enterprise Singapore Board Act

Open as pageSuggest a correction

The International Enterprise Singapore Board Act (Cap. 143B, 2002 Ed.) is amended —

(a)

by deleting the definition of “chief executive officer” in section 2 and substituting the following definition:“ “chief executive officer” means the chief executive of the Board, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 7 and substituting the following subsection:“(1) The Minister may, after consultation with the Board, give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by deleting the words “Without prejudice to” in section 7(2) and substituting the words “In addition to the power mentioned in”;

(d)

by repealing section 8 and substituting the following section:“Chief executive officer, officers and employees, etc.8.—

(1)

There must be a chief executive officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by repealing section 12 and substituting the following section: “Minister’s approval of estimates12.—

(1)

A copy of all annual estimates of revenue and expenditure of the Board and supplementary estimates must, upon their adoption by the Board, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Board, and the Board is bound by the Minister’s decision.”;

(f)

by repealing section 17 and substituting the following section:“Financial year

17. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(g)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 10(5) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(h)

by deleting the words “the Chairman, the Deputy Chairman or a member has contravened paragraph 11 or that” in paragraph 12 of the First Schedule;

(i)

by deleting the words “or to make regulations” in paragraph 14(2) of the First Schedule;

(j)

by deleting the words “or the power to make regulations” in paragraph 14(4) of the First Schedule; and

(k)

by repealing sections 10 and 18, paragraphs 11 and 14(6) of the First Schedule, and the Second Schedule.

Clause 74

Amendments to Jurong Town Corporation Act

Open as pageSuggest a correction

The Jurong Town Corporation Act (Cap. 150, 1998 Ed.) is amended —

(a)

by inserting, immediately after the definition of “Chairman” in section 2, the following definition:“ “chief executive officer” means the chief executive of the Corporation, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 6 and substituting the following subsection:“(1) The Minister may give to the Corporation any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by repealing section 7 and substituting the following section:“Chief executive officer, officers and employees, etc.7.—

(1)

There must be a chief executive officer of the Corporation, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018 and Article 22A of the Constitution.(2) The Corporation may, subject to the Public Sector (Governance) Act 2018 and Article 22A of the Constitution, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Corporation may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(d)

by deleting the words “referred to in subsection (3)” in section 21(4);

(e)

by inserting, immediately after the words “and the procedure to be followed thereat” in section 32(1)(a), the words “, to the extent not inconsistent with the Public Sector (Governance) Act 2018”; and

(f)

by repealing sections 8(4), 10, 19, 20, 21(2) and (3) and 22.

Clause 75

Amendments to Land Surveyors Act

Open as pageSuggest a correction

The Land Surveyors Act (Cap. 156, 2012 Ed.) is amended —

(a)

by deleting the definition of “Registrar” in section 2 and substituting the following definition:“ “Registrar” means the Registrar of the Board, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 5(5), the words “and the Public Sector (Governance) Act 2018”;

(c)

by deleting subsection (1) of section 8 and substituting the following subsections:“(1) There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018.(1A) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar during any period, or during all periods, when the Registrar —

(a)

is absent from duty or Singapore; or

(b)

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

(d)

by deleting the words “The Registrar shall” in section 8(2) and substituting the words “In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must”;

(e)

by inserting, immediately after subsection (4) of section 8, the following subsection:“(5) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”; and

(f)

by repealing section 33(5).

Clause 76

Amendments to Land Transport Authority of Singapore Act

Open as pageSuggest a correction

The Land Transport Authority of Singapore Act (Cap. 158A, 1996 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after section 7, the following section:“Directions by Minister7A. The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by deleting the words “, except the power of delegation conferred by this section” in section 8(2);

(d)

by repealing section 9 and substituting the following section:“Chief Executive, officers and employees, etc.9.—

(1)

There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by inserting, immediately after the words “the members of the Authority” in section 13(1)(a), the words “and the remuneration of the auditor of the Authority”;

(f)

by repealing section 18 and substituting the following section:“Financial year

18. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(g)

by deleting the words “any court or under” in section 41(1) and substituting the words “any court or where required or allowed by”;

(h)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 14 of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(i)

by deleting the words “or by any contravention of paragraph 10 by any member” in paragraph 15 of the First Schedule; and

(j)

by repealing sections 8(3), 11 and 43, paragraph 10 of the First Schedule, and the Third Schedule.

Clause 77

Amendments to Maritime and Port Authority of Singapore Act

Open as pageSuggest a correction

The Maritime and Port Authority of Singapore Act (Cap. 170A, 1997 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 9 and substituting the following subsection:“(1) The Minister may, after consultation with a person to whom this section applies, give —

(a)

if the person is the Authority, to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018; or

(b)

if the person is a public licensee, any directions as the Minister thinks fit as to the exercise by that licensee of his functions under this Act.”;

(c)

by deleting the words “Without prejudice to the generality of” in section 9(2) and substituting the words “In addition to the power mentioned in”;

(d)

by deleting the words “make regulations,” in section 12(2) and (3);

(e)

by repealing section 14 and substituting the following section:“Chief Executive14.—

(1)

There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

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

(f)

by deleting the words “from time to time” in section 17 and substituting the words “subject to the Public Sector (Governance) Act 2018”;

(g)

by repealing section 26 and substituting the following section:“Financial year

26. The financial year of the Authority begins on 1 January of each year and ends on 31 December of the same year.”;

(h)

by deleting the words “any court or under” in section 98(1) and substituting the words “any court or where required or allowed by”;

(i)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 14 of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(j)

by deleting the words “or by any contravention of paragraph 10 by any member” in paragraph 15 of the First Schedule; and

(k)

by repealing sections 11, 12(4), 19 and 23(1), (2) and (3), paragraph 10 of the First Schedule, and the Third Schedule.

Clause 78

Amendments to Medical Registration Act

Open as pageSuggest a correction

The Medical Registration Act (Cap. 174, 2014 Ed.) is amended —

(a)

by deleting the words “The Registrar shall” in section 19(1) and substituting the words “In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must”; and

(b)

by repealing sections 11(4) and 60(5).

Clause 79

Amendments to Nanyang Polytechnic Act

Open as pageSuggest a correction

The Nanyang Polytechnic Act (Cap. 191A, 1993 Ed.) is amended —

(a)

by inserting, immediately after the definition of “Polytechnic” in section 2, the following definition:“ “Principal” means the Principal of the Polytechnic, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “of this Act” in sections 6(3) and 8(3), the words “, the Public Sector (Governance) Act 2018”;

(c)

by inserting, immediately after subsection (1) of section 2 of the Schedule, the following subsection:“(1A) The appointment, removal, discipline and promotion of the Principal must be in accordance with the Public Sector (Governance) Act 2018.”;

(d)

by repealing section 4 of the Schedule and substituting the following section:“Other officers and employees, etc.

4. The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by inserting, immediately after the words “Subject to the provisions of this Constitution” in section 9(8) of the Schedule, the words “and the Public Sector (Governance) Act 2018”; and

(f)

by repealing sections 9A, 14, 15, 16, 17 and 18, and section 16 of the Schedule.

Clause 80

Amendments to National Arts Council Act

Open as pageSuggest a correction

The National Arts Council Act (Cap. 193A, 2014 Ed.) is amended —

(a)

by inserting, immediately after the definition of “Chairman” in section 2, the following definition:“ “Chief Executive” means the Chief Executive of the Council, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 9 and substituting the following subsection:“(1) The Minister may give to the Council any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by repealing sections 10 and 11 and substituting the following sections:“Chief Executive10.—

(1)

There must be a Chief Executive of the Council, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Council may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.Other officers and employees, etc.

11. The Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(d)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 12(7) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(e)

by deleting paragraph 9 of the Second Schedule and substituting the following paragraph:“When audited financial statements must be given to Minister

9. The Council must send the audited annual financial statements of the Council, signed by the Chairman, to the Minister no later than 30 November in each year, together with a copy of any report made by the auditor of the Council.”; and

(f)

by repealing section 8, paragraphs 10 and 12A of the First Schedule, and paragraphs 2 to 8 and 10 of the Second Schedule.

Clause 81

Amendments to National Council of Social Service Act

Open as pageSuggest a correction

The National Council of Social Service Act (Cap. 195A, 2001 Ed.) is amended —

(a)

by inserting, immediately after the words “section 22(1)” in the definition of “Chief Executive Officer” in section 2, the words “and includes any individual acting in that capacity”;

(b)

by inserting, immediately after the words “proceedings thereat shall” in section 6(2), the words “, to the extent not inconsistent with the Public Sector (Governance) Act 2018,”;

(c)

by deleting subsection (1) of section 7 and substituting the following subsection:“(1) Division 1 of Part 4 of the Public Sector (Governance) Act 2018 extends to an official representative of a Council member as if a reference in that Division to a member of a public body includes a reference to such an official representative.”;

(d)

by repealing sections 22 and 23 and substituting the following sections:“Chief Executive Officer22.—

(1)

There must be a Chief Executive Officer of the Council, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Council may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive Officer during any period, or during all periods, when the Chief Executive Officer —

(a)

is absent from duty or Singapore; or

(b)

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

23. The Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by repealing section 34 and substituting the following section:“When audited financial statements must be given to Minister

34. The Council must send the audited annual financial statements of the Council, signed by the President, to the Minister no later than 30 September in each year, together with a copy of any report made by the auditor of the Council.”;

(f)

by inserting, immediately after subsection (2) of section 37, the following subsection:“(3) Regulations made under this section in relation to the procedure for the meetings of the Council and the Board must conform to the requirements of the Public Sector (Governance) Act 2018.”; and

(g)

by repealing sections 7(2), 14(4), 25, 27, 29, 30, 31, 32, 33 and 35.

Clause 82

Amendments to National Environment Agency Act

Open as pageSuggest a correction

The National Environment Agency Act (Cap. 195, 2003 Ed.) is amended —

(a)

by deleting the definition of “chief executive” in section 2 and substituting the following definition:“ “chief executive” means the chief executive of the Agency, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 9(7), the words “and the Public Sector (Governance) Act 2018”;

(c)

by repealing section 13 and substituting the following section:“Directions by Minister

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

(d)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 14(2), the words “and the Public Sector (Governance) Act 2018”;

(e)

by deleting the word “, except —” and paragraphs (a) and (b) of section 15(1) and substituting a full‑stop;

(f)

by repealing section 16 and substituting the following section:“Chief executive, officers and employees, etc.16.—

(1)

There must be a chief executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(g)

by deleting subsections (1), (2) and (3) of section 20 and substituting the following subsections:“(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Agency, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Agency, and the Agency is bound by the Minister’s decision.”;

(h)

by deleting the words “any court or under” in section 47(1) and substituting the words “any court or where required or allowed by”; and

(i)

by repealing sections 10, 15(3), 18, 28, 29, 30, 31 and 39.

Clause 83

Amendments to National Heritage Board Act

Open as pageSuggest a correction

The National Heritage Board Act (Cap. 196A, 2014 Ed.) is amended —

(a)

by deleting the words “except the power of delegation under this subsection and the power to make any subsidiary legislation under this Act” in section 8(2) and (3);

(b)

by deleting subsection (1) of section 10 and substituting the following subsection:“(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by repealing sections 28 and 29 and substituting the following sections:“Chief executive officer28.—

(1)

There must be a chief executive officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer —

(a)

is absent from duty or Singapore; or

(b)

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

29. The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(d)

by repealing section 36 and substituting the following section:“Financial year

36. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(e)

by deleting the words “any court, or under” in section 47A(1) and substituting the words “any court or where required or allowed by”;

(f)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 12(7) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”; and

(g)

by repealing sections 8(4), 9 and 30, paragraph 10 of the First Schedule, and the Second Schedule.

Clause 84

Amendments to National Library Board Act

Open as pageSuggest a correction

The National Library Board Act (Cap. 197, 2014 Ed.) is amended —

(a)

by deleting the words “, except the power of delegation conferred by this section” in section 9(2);

(b)

by deleting subsection (1) of section 14 and substituting the following subsection:“(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by repealing sections 15 and 16 and substituting the following sections:“Chief executive officer15.—

(1)

There must be a chief executive officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer —

(a)

is absent from duty or Singapore; or

(b)

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

16. The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(d)

by repealing section 24 and substituting the following section:“Financial year

24. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(e)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 12(7) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(f)

by deleting the words “or by any contravention of paragraph 10 by any member” in paragraph 13 of the First Schedule; and

(g)

by repealing sections 9(3), 13 and 17, paragraph 10 of the First Schedule, and the Second Schedule.

Clause 85

Amendments to National Parks Board Act

Open as pageSuggest a correction

The National Parks Board Act (Cap. 198A, 2012 Ed.) is amended —

(a)

by deleting subsection (1) of section 8 and substituting the following subsection:“(1) The Minister may, after consulting the Board, give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(b)

by repealing section 13 and substituting the following section:“Chief Executive, officers and employees, etc.13.—

(1)

There must be a Chief Executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may appoint, subject to the Public Sector (Governance) Act 2018, an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(c)

by repealing sections 18 and 19 and substituting the following sections:“Minister’s approval of estimates18.—

(1)

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Board, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Board, and the Board is bound by the Minister’s decision.Financial year

19. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(d)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 14 of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(e)

by deleting the words “or by any contravention of paragraph 10 by any member” in paragraph 15 of the First Schedule; and

(f)

by repealing sections 10(5), 12 and 14, paragraph 10 of the First Schedule, and the Third Schedule.

Clause 86

Amendments to Ngee Ann Polytechnic Act

Open as pageSuggest a correction

The Ngee Ann Polytechnic Act (Cap. 207, 1985 Ed.) is amended —

(a)

by deleting the definition of “Principal” in section 2 and substituting the following definition:“ “Principal” means the Principal of the Polytechnic, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in sections 12(8) and 17(3), the words “and the Public Sector (Governance) Act 2018”;

(c)

by inserting, immediately after subsection (1) of section 19, the following subsection:“(1A) The appointment, removal, discipline and promotion of the Principal must be in accordance with the Public Sector (Governance) Act 2018.”;

(d)

by repealing section 19A and substituting the following section:“Other officers and employees, etc.19A. The Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by inserting, immediately after the words “proceedings of the Council” in section 24(2)(c), the words “, to the extent not inconsistent with the Public Sector (Governance) Act 2018”; and

(f)

by repealing sections 18 and 21, and the Schedule.

Clause 87

Amendments to Nurses and Midwives Act

Open as pageSuggest a correction

The Nurses and Midwives Act (Cap. 209, 2012 Ed.) is amended —

(a)

by deleting the definition of “Registrar” in section 2 and substituting the following definition:“ “Registrar” means the Registrar of the Board, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to this Act” in section 7(3), the words “and the Public Sector (Governance) Act 2018”;

(c)

by repealing section 12 and substituting the following section:“Registrar12.—

(1)

There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar during any period, or during all periods, when the Registrar —

(a)

is absent from duty or Singapore; or

(b)

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

(d)

by deleting the words “The Registrar shall” in section 13(1) and substituting the words “In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must”; and

(e)

by repealing sections 10(5) and 42(5).

Clause 88

Amendments to People’s Association Act

Open as pageSuggest a correction

The People’s Association Act (Cap. 227, 2012 Ed.) is amended —

(a)

by deleting subsection (1) of section 7 and substituting the following subsection:“(1) Division 1 of Part 4 of the Public Sector (Governance) Act 2018 applies as if —

(a)

a reference in that Division to a member of a public body includes a reference to a member of the Board; and

(b)

a reference in that Division to a meeting of a public body includes a reference to a meeting of the Board.”;

(b)

by deleting the words “of this Act” in section 14(12) and substituting the words “of the Public Sector (Governance) Act 2018”;

(c)

by inserting, immediately after section 15, the following section:“Chief Executive16.—

(1)

The Association may, subject to the Public Sector (Governance) Act 2018, appoint an individual to be a Chief Executive of the Association, or to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(2) The appointment, removal, discipline and promotion of the Chief Executive of the Association must be in accordance with the Public Sector (Governance) Act 2018.”; and

(d)

by repealing sections 12 and 14(2) to (11).

Clause 89

Amendments to Pharmacists Registration Act

Open as pageSuggest a correction

The Pharmacists Registration Act (Cap. 230, 2008 Ed.) is amended —

(a)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 9(5), the words “and the Public Sector (Governance) Act 2018”;

(b)

by deleting the words “The Registrar shall” in section 15(1) and substituting the words “In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must”; and

(c)

by repealing sections 11(2) and (5), 12, 13 and 63(5).

Clause 90

Related amendment to Police Force Act

Open as pageSuggest a correction

Section 65A(1) of the Police Force Act (Cap. 235, 2006 Ed.) is amended by deleting the words “a Division I, II or III public officer” in paragraph (a) and substituting the words “a public officer (except an operations support officer at grade III, IV or V or other public officer at equivalent grade)”.

Clause 91

Amendments to Professional Engineers Act

Open as pageSuggest a correction

The Professional Engineers Act (Cap. 253, 1992 Ed.) is amended —

(a)

by deleting the definition of “Registrar” in section 2 and substituting the following definition:“ “Registrar” means the Registrar of the Board, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 4E(4), the words “and the Public Sector (Governance) Act 2018”;

(c)

by deleting subsection (1) of section 9 and substituting the following subsections:“(1) There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018.(1A) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar during any period, or during all periods, when the Registrar —

(a)

is absent from duty or Singapore; or

(b)

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

(d)

by deleting the words “The Registrar shall” in section 9(2) and substituting the words “In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must”; and

(e)

by repealing section 32(4), (6) and (7).

Clause 92

Related amendments to Public Service Commission and Legal Service Commission Act

Open as pageSuggest a correction

The Public Service Commission and Legal Service Commission Act (Cap. 259, 2014 Ed.) is amended —

(a)

by deleting the words “, acting in his discretion,” in section 3; and

(b)

by deleting the words “acting in his discretion” in section 4(1).

Clause 93

Amendments to Public Transport Council Act

Open as pageSuggest a correction

The Public Transport Council Act (Cap. 259B, 2012 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Council, and includes any individual acting in that capacity;”;

(b)

by repealing section 5A and substituting the following section:“Directions by Minister5A. The Minister may give to the Council any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by repealing section 5C and substituting the following section:“Chief Executive, officers and employees, etc.5C.—

(1)

There must be a Chief Executive of the Council, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Council may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(d)

by deleting the words “any court or under” in section 5D(1) and substituting the words “any court or where required or allowed by”;

(e)

by repealing section 11 and substituting the following section:“Financial year

11. The financial year of the Council begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(f)

by inserting, immediately after the words “procedure of the Council” in section 28(2)(d), the words “, to the extent not inconsistent with the Public Sector (Governance) Act 2018”;

(g)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 8(6) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”; and

(h)

by repealing sections 5B(3)(a) and (b) and (5), 7 and 25, and the Second Schedule.

Clause 94

Amendments to Public Utilities Act

Open as pageSuggest a correction

The Public Utilities Act (Cap. 261, 2002 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Board, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 8 and substituting the following subsection:“(1) The Minister may, after consultation with the Board, give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by deleting the words “Without prejudice to the generality of” in section 8(2) and substituting the words “In addition to the power mentioned in”;

(d)

by repealing section 10 and substituting the following section:“Chief Executive, officers and employees, etc.10.—

(1)

There must be a Chief Executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by deleting the words “or, in the case of a compoundable offence under paragraph 10 of the Third Schedule, a sum not exceeding $500” in section 59(1);

(f)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 14(2) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(g)

by deleting the words “make regulations,” in paragraph 15(2) and (3) of the First Schedule; and

(h)

by repealing sections 11, 15(1), (2) and (3) and 18, paragraphs 9 and 15(4) of the First Schedule, and paragraphs 2(1) and 3 to 13 of the Third Schedule.

Clause 95

Amendments to Republic Polytechnic Act

Open as pageSuggest a correction

The Republic Polytechnic Act (Cap. 270, 2003 Ed.) is amended —

(a)

by deleting the definition of “Principal” in section 2 and substituting the following definition:“ “Principal” means the Principal of the Polytechnic, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “of this Act” in section 6(3), the words “, the Public Sector (Governance) Act 2018”;

(c)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 8(3), the words “, the Public Sector (Governance) Act 2018”;

(d)

by inserting, immediately after subsection (1) of section 2 of the Schedule, the following subsection:“(1A) The appointment, removal, discipline and promotion of the Principal must be in accordance with the Public Sector (Governance) Act 2018.”;

(e)

by repealing section 4 of the Schedule and substituting the following section:“Other officers and employees, etc.

4. The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(f)

by inserting, immediately after the words “Subject to the provisions of this Constitution” in section 9(8) of the Schedule, the words “and the Public Sector (Governance) Act 2018”; and

(g)

by repealing sections 9A, 16, 17, 18, 19 and 20, and section 16(1) of the Schedule.

Clause 96

Amendments to Science Centre Act

Open as pageSuggest a correction

The Science Centre Act (Cap. 286, 2013 Ed.) is amended —

(a)

by inserting, immediately after the definition of “Chairman” in section 2, the following definition:“ “chief executive” means the chief executive of the Board, and includes any individual acting in that capacity;”;

(b)

by repealing section 7 and substituting the following section:“Chief executive, officers and employees, etc.7.—

(1)

There must be a chief executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(c)

by deleting subsection (1) of section 9 and substituting the following subsection:“(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(d)

by deleting the words “(other than the power to delegate conferred by this section)” in section 10(2);

(e)

by repealing section 18 and substituting the following section:“Minister’s approval of estimates18.—

(1)

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Board, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Board, and the Board is bound by the Minister’s decision.”;

(f)

by inserting, immediately after the words “to be followed” in section 20(1)(a), the words “, to the extent not inconsistent with the Public Sector (Governance) Act 2018”; and

(g)

by repealing sections 8, 10(3), 16 and 17.

Clause 97

Amendments to Sentosa Development Corporation Act

Open as pageSuggest a correction

The Sentosa Development Corporation Act (Cap. 291, 1998 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Corporation, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 5(9), the words “and the Public Sector (Governance) Act 2018”;

(c)

by repealing sections 7 and 8 and substituting the following sections:“Staff and employees

7. The Corporation may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.Chief Executive8.—

(1)

There must be a Chief Executive of the Corporation, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Corporation may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

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

(d)

by inserting, immediately after section 10A, the following section:“Directions by Minister10B. The Minister may give to the Corporation any direction under section 5 of the Public Sector (Governance) Act 2018.”; and

(e)

by repealing sections 6, 15, 16, 17 and 19(4).

Clause 98

Amendments to Singapore Corporation of Rehabilitative Enterprises Act

Open as pageSuggest a correction

The Singapore Corporation of Rehabilitative Enterprises Act (Cap. 298, 1985 Ed.) is amended —

(a)

by deleting the definition of “chief executive officer” in section 2 and substituting the following definition:“ “chief executive officer” means the chief executive of the Corporation, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 6(7), the words “and the Public Sector (Governance) Act 2018”;

(c)

by deleting subsection (1) of section 9 and substituting the following subsection:“(1) The Minister may give to the Corporation any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(d)

by repealing sections 18 and 19 and substituting the following sections:“Chief executive officer18.—

(1)

There must be a chief executive officer of the Corporation, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Corporation may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.Staff and employees

19. The Corporation may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by repealing section 26 and substituting the following section:“Minister’s approval of estimates26.—

(1)

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Corporation, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Corporation, and the Corporation is bound by the Minister’s decision.(4) The estimates as approved by the Minister must be published in the Gazette.”; and

(f)

by repealing sections 7, 17(4), 23, 30, 31, 32, 33 and 34.

Clause 99

Amendments to Singapore Examinations and Assessment Board Act

Open as pageSuggest a correction

The Singapore Examinations and Assessment Board Act (Cap. 299A, 2004 Ed.) is amended —

(a)

by deleting the definition of “chief executive” in section 2 and substituting the following definition:“ “chief executive” means the chief executive of the Board, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 9(7), the words “and the Public Sector (Governance) Act 2018”;

(c)

by repealing section 13 and substituting the following section:“Directions by Minister

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

(d)

by inserting, immediately after the words “Subject to this Act” in section 14(2), the words “and the Public Sector (Governance) Act 2018”;

(e)

by deleting the word “, except —” and paragraphs (a) and (b) of section 15(1) and substituting a full‑stop;

(f)

by repealing section 16 and substituting the following section:“Chief executive, officers and employees, etc.16.—

(1)

There must be a chief executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(g)

by deleting the words “any court or under” in section 41(1) and substituting the words “any court or where required or allowed by”;

(h)

by inserting, immediately after the words “committees of the Board” in section 45(2)(a), the words “, to the extent not inconsistent with the Public Sector (Governance) Act 2018”; and

(i)

by repealing sections 10, 15(3), 18, 20, 28, 29, 30, 31 and 39.

Clause 100

Amendments to Singapore Land Authority Act

Open as pageSuggest a correction

The Singapore Land Authority Act (Cap. 301, 2002 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 9 and substituting the following subsection:“(1) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by deleting the word “, except —” and paragraphs (a) and (b) of section 10(2) and substituting a full‑stop;

(d)

by repealing section 11 and substituting the following section:“Chief Executive, officers and employees, etc.11.—

(1)

There must be a Chief Executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by repealing section 17 and substituting the following section:“Minister’s approval of estimates17.—

(1)

A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Authority, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Authority, and the Authority is bound by the Minister’s decision.”;

(f)

by repealing section 21 and substituting the following section:“Financial year

21. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(g)

by deleting the words “any court or under” in section 35(1) and substituting the words “any court or where required or allowed by”;

(h)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 14(8) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”; and

(i)

by repealing sections 10(4), 13 and 29, paragraph 12 of the First Schedule, and the Second Schedule.

Clause 101

Amendments to Singapore Polytechnic Act

Open as pageSuggest a correction

The Singapore Polytechnic Act (Cap. 303, 1985 Ed.) is amended —

(a)

by deleting the full-stop at the end of the definition of “Chairman” in section 2 and substituting a semi‑colon, and by inserting immediately thereafter the following definition:“ “Principal” means the Principal of the Singapore Polytechnic, and includes any individual acting in that capacity.”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 9(8), the words “and the Public Sector (Governance) Act 2018”;

(c)

by inserting, immediately after subsection (1) of section 14, the following subsection:“(1A) The appointment, removal, discipline and promotion of the Principal of the Polytechnic must be in accordance with the Public Sector (Governance) Act 2018.”;

(d)

by repealing section 14A and substituting the following section:“Other officers and employees, etc.14A. The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”; and

(e)

by repealing sections 18, 19, 20, 21 and 22.

Clause 102

Amendments to Singapore Sports Council Act

Open as pageSuggest a correction

The Singapore Sports Council Act (Cap. 305, 2014 Ed.) is amended —

(a)

by inserting, immediately after the definition of “Chairman” in section 2, the following definition:“ “Chief Executive Officer” means the chief executive of the Council, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 6(6), the words “and the Public Sector (Governance) Act 2018”;

(c)

by deleting subsection (1) of section 10 and substituting the following subsection:“(1) The Minister may give to the Council any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(d)

by repealing sections 14 and 15 and substituting the following sections:“Chief Executive Officer14.—

(1)

The Chief Executive Officer is the chief executive of the Council, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Council may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive Officer during any period, or during all periods, when the Chief Executive Officer —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.Staff and employees

15. The Council may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by deleting sub-paragraphs (1) and (2) of paragraph 3 of the Schedule and substituting the following sub‑paragraph:“(1) The Council must, in every financial year of the Council, prepare or cause to be prepared, in the form approved by the Minister, and must adopt a budget containing annual estimates of its revenue and expenditure for the following financial year.”;

(f)

by inserting, immediately after sub‑paragraph (3) of paragraph 3 of the Schedule, the following sub‑paragraphs:“(3A) A copy of all budgets and supplementary budgets must, upon their adoption by the Council, be sent without delay to the Minister.(3B) The Minister may approve or disallow any item or portion of any item shown in the budget or supplementary budget.(3C) The Minister must return the budget or supplementary budget as amended under sub‑paragraph (3B) to the Council, and the Council is bound by the Minister’s decision.”;

(g)

by deleting paragraph 9 of the Schedule and substituting the following paragraph:“When audited financial statements must be given to Minister

9. The Council must send the audited annual financial statements of the Council, signed by the Chairman and the Chief Executive Officer, to the Minister no later than 31 October in each year, together with a copy of any report made by the auditor of the Council.”; and

(h)

by repealing sections 7 and 18, and paragraphs 4, 5, 6, 7 and 8 of the Schedule.

Clause 103

Amendments to Singapore Totalisator Board Act

Open as pageSuggest a correction

The Singapore Totalisator Board Act (Cap. 305A, 2012 Ed.) is amended —

(a)

by inserting, immediately after the definition of “Board” in section 2, the following definition:“ “chief executive” means the chief executive of the Board, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after section 5, the following section:“Directions by Minister5A. The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by inserting, immediately after section 6, the following section:“Chief executive6A.—

(1)

There must be a chief executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive —

(a)

is absent from duty or Singapore; or

(b)

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

(d)

by inserting, immediately after the words “Subject to subsection (2)” in section 7(1), the words “and the Public Sector (Governance) Act 2018”;

(e)

by repealing section 10 and substituting the following section:“Financial year

10. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(f)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 15 of the First Schedule, the words “and the Public Sector (Governance) Act 2018”; and

(g)

by repealing paragraph 11 of the First Schedule, and the Second Schedule.

Clause 104

Amendments to Singapore Tourism Board Act

Open as pageSuggest a correction

The Singapore Tourism Board Act (Cap. 305B, 1997 Ed.) is amended —

(a)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Board, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 9 and substituting the following subsection:“(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by repealing section 10 and substituting the following section:“Chief Executive10.—

(1)

There must be a Chief Executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

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

(d)

by deleting subsection (1) of section 11 and substituting the following subsection:“(1) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by deleting the words “members, officers and employees of the Board, all committee members and all” in section 13A; and

(f)

by repealing sections 13(4), 18 and 19, and the Second Schedule.

Clause 105

Amendments to SkillsFuture Singapore Agency Act 2016

Open as pageSuggest a correction

The SkillsFuture Singapore Agency Act 2016 (Act 24 of 2016) is amended —

(a)

by deleting the definition of “auditor” in section 2;

(b)

by deleting the definition of “Chief Executive” in section 2 and substituting the following definition:“ “Chief Executive” means the Chief Executive of the Agency, and includes any individual acting in that capacity;”;

(c)

by deleting subsection (1) of section 7 and substituting the following subsection:“(1) The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(d)

by deleting the words “of section 21” in section 12(3)(b) and substituting the words “given by Part 4 of the Public Sector (Governance) Act 2018”;

(e)

by inserting the word “or” at the end of section 17(1)(b);

(f)

by deleting the words “Division 3 and a notice is given under section 25” in section 20(1)(f) and substituting the words “the Public Sector (Governance) Act 2018 and a notice is given under that Act”;

(g)

by deleting the words “of section 21” in section 30(1)(a) and (b) and substituting in each case the words “given by Part 4 of the Public Sector (Governance) Act 2018”;

(h)

by deleting the words “(within the meaning of section 21 as modified by section 35)” in section 34(4) and substituting the words “(within the meaning given by Part 4 of the Public Sector (Governance) Act 2018)”;

(i)

by inserting, immediately after the words “Subject to this Act” in section 35(3), the words “, the Public Sector (Governance) Act 2018”;

(j)

by repealing sections 38, 39 and 40 and substituting the following sections:“Chief Executive38.—

(1)

There must be a Chief Executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.Officers and employees

39. The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.Delegates and subdelegates deemed to be public servants

40. Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, every delegate and subdelegate of the Agency —

(a)

is deemed to be a public servant for the purposes of the Penal Code (Cap. 224); and

(b)

is, in relation to his or her administration, assessment, collection and enforcement of payment of —

(i)

any financial penalty imposed under section 48 or 64 of the Private Education Act (Cap. 247A); or

(ii)

any composition sum collected under this Act or section 67 of the Private Education Act,taken to be a public officer for the purposes of the Financial Procedure Act (Cap. 109); and section 20 of that Act applies to each of these delegates and subdelegates even though he or she is not or was not in the employment of the Government.”;

(k)

by repealing section 47 and substituting the following section:“Estimates for Skills Development Fund47.—

(1)

In addition to the requirements of the Public Sector (Governance) Act 2018, the Agency must, in every financial year, prepare or cause to be prepared, and must adopt annual estimates of income and expenditure for the Skills Development Fund for the ensuing financial year in accordance with the Skills Development Levy Act (Cap. 306).(2) Supplementary estimates for the Skills Development Fund may be adopted by the Agency where necessary.(3) A copy of all annual estimates and supplementary estimates mentioned in subsections (1) and (2) must, upon their adoption by the Agency, be sent as soon as possible to the Minister.”;

(l)

by deleting the words “Sections 46 and 51 to 55” in section 56 and substituting the words “The provisions of Part 5 of the Public Sector (Governance) Act 2018”; and

(m)

by repealing sections 17(1)(c) and (d), 28, 32, 35(2), 36(3)(a) and (4)(a), 51, 52, 53, 54 and 55, and Division 3 of Part 3.

Clause 106

Amendments to Standards, Productivity and Innovation Board Act

Open as pageSuggest a correction

The Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Ed.) is amended —

(a)

by deleting the definition of “chief executive” in section 2 and substituting the following definition:“ “chief executive” means the chief executive of the Board, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 8 and substituting the following subsection:“(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by repealing sections 12 and 13 and substituting the following sections:“Chief executive12.—

(1)

There must be a chief executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.Officers and employees

13. The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(d)

by repealing section 24 and substituting the following section:“Financial year

24. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year.”;

(e)

by deleting the words “any court or under” in section 40(1) and substituting the words “any court or where required or allowed by”;

(f)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 13(8) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(g)

by deleting the words “or by any contravention of paragraph 11 by any member” in paragraph 14 of the First Schedule; and

(h)

by repealing sections 11(4), 15, 20 and 31, paragraph 11 of the First Schedule, and the Second Schedule.

Clause 107

Amendment to Statutory Bodies and Government Companies (Protection of Secrecy) Act

Open as pageSuggest a correction

Section 3(2) of the Statutory Bodies and Government Companies (Protection of Secrecy) Act (Cap. 319, 2004 Ed.) is amended by deleting the words “any court or under” in paragraph (b) and substituting the words “any court or where required or allowed by”.

Clause 108

Amendments to Temasek Polytechnic Act

Open as pageSuggest a correction

The Temasek Polytechnic Act (Cap. 323A, 1991 Ed.) is amended —

(a)

by deleting the definition of “Principal” in section 2 and substituting the following definition:“ “Principal” means the Principal of the Polytechnic, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to the provisions of this Act” in sections 5(3) and 7(3), the words “, the Public Sector (Governance) Act 2018”;

(c)

by inserting, immediately after subsection (1) of section 2 of the Schedule, the following subsection:“(1A) The appointment, removal, discipline and promotion of the Principal must be in accordance with the Public Sector (Governance) Act 2018.”;

(d)

by repealing section 4 of the Schedule and substituting the following section:“Other officers and employees

4. The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by inserting, immediately after the words “Subject to the provisions of this Constitution” in section 9(8) of the Schedule, the words “and the Public Sector (Governance) Act 2018”; and

(f)

by repealing sections 8A, 15, 16, 17, 18 and 19, and section 17 of the Schedule.

Clause 109

Amendments to Traditional Chinese Medicine Practitioners Act

Open as pageSuggest a correction

The Traditional Chinese Medicine Practitioners Act (Cap. 333A, 2001 Ed.) is amended —

(a)

by deleting the definition of “Registrar” in section 2 and substituting the following definition:“ “Registrar” means the Registrar of the Board, and includes any individual acting in that capacity;”;

(b)

by inserting, immediately after the words “Subject to this Act” in section 8(4), the words “and the Public Sector (Governance) Act 2018”;

(c)

by repealing section 11 and substituting the following section:“Registrar11.—

(1)

There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018.(2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar during any period, or during all periods, when the Registrar —

(a)

is absent from duty or Singapore; or

(b)

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

(d)

by deleting the words “The Registrar” in section 12(1) and substituting the words “In addition to duties under the Public Sector (Governance) Act 2018, the Registrar”; and

(e)

by repealing sections 10(5) and 31(5).

Clause 110

Amendments to Urban Redevelopment Authority Act

Open as pageSuggest a correction

The Urban Redevelopment Authority Act (Cap. 340, 1990 Ed.) is amended —

(a)

by deleting the definition of “chief executive” in section 2 and substituting the following definition:“ “chief executive” means the chief executive of the Authority, and includes any individual acting in that capacity;”;

(b)

by deleting subsection (1) of section 12 and substituting the following subsection:“(1) The Minister may give to the Authority any direction under section 5 of the Public Sector (Governance) Act 2018.”;

(c)

by repealing section 18 and substituting the following section:“Chief executive18.—

(1)

There must be a chief executive of the Authority, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive —

(a)

is absent from duty or Singapore; or

(b)

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

(d)

by deleting subsection (1) of section 19 and substituting the following subsection:“(1) The Authority may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(e)

by deleting subsections (1), (2) and (3) of section 25 and substituting the following subsections:“(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Authority, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Authority, and the Authority is bound by the Minister’s decision.”;

(f)

by inserting, immediately after the words “Subject to the provisions of this Act” in paragraph 12(7) of the First Schedule, the words “and the Public Sector (Governance) Act 2018”;

(g)

by deleting paragraph 6 of the Third Schedule and substituting the following paragraph:“6. The auditor of the Authority must, as soon as practicable but not later than 30 September every year, send the report of his audit of the financial statements in respect of the preceding financial year.”;

(h)

by deleting paragraph 12 of the Third Schedule and substituting the following paragraph:“12. The Authority must send the audited annual financial statements of the Authority, signed by the Chairman, to the Minister no later than 31 October in each year, together with a copy of any report made by the auditor of the Authority.”; and

(i)

by repealing sections 14(4), 21 and 26, paragraph 10 of the First Schedule, and paragraphs 2, 3, 4, 5, 7, 8, 9, 10, 11, 13 and 14 of the Third Schedule.

Clause 111

Amendments to Workforce Singapore Agency Act

Open as pageSuggest a correction

The Workforce Singapore Agency Act (Cap. 305D, 2004 Ed.) is amended —

(a)

by deleting the definition of “chief executive” in section 2 and substituting the following definition:“ “chief executive” means the chief executive of the Agency, and includes any individual acting in that capacity;”;

(b)

by deleting the words “section 10” in section 7A(3)(b) and substituting the words “section 23 of the Public Sector (Governance) Act 2018”;

(c)

by inserting, immediately after the words “Subject to the provisions of this Act” in section 9(7), the words “and the Public Sector (Governance) Act 2018”;

(d)

by repealing section 13 and substituting the following section:“Directions by Minister

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

(e)

by inserting, immediately after the words “Subject to this Act” in section 14(2), the words “and the Public Sector (Governance) Act 2018”;

(f)

by deleting the word “, except —” and paragraphs (a) and (b) of section 15(1) and substituting a full‑stop;

(g)

by repealing section 16 and substituting the following section:“Chief executive, officers and employees, etc.16.—

(1)

There must be a chief executive of the Agency, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.(2) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive —

(a)

is absent from duty or Singapore; or

(b)

is, for any reason, unable to perform the duties of the office.(3) The Agency may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.”;

(h)

by deleting subsections (1) to (4) of section 20 and substituting the following subsections:“(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Agency, be sent without delay to the Minister.(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Agency, and the Agency is bound by the Minister’s decision.”;

(i)

by deleting the words “any court or under” in section 44(1) and substituting the words “any court or where required or allowed by”;

(j)

by inserting, immediately after the words “committees of the Agency” in section 49(1)(a), the words “, to the extent not inconsistent with the Public Sector (Governance) Act 2018”; and

(k)

by repealing sections 10, 15(3), 18, 28, 29, 30, 31 and 39.

Clause 112

Saving and transitional provisions

Open as pageSuggest a correction

(1)

Any direction made or given before the date of commencement of section 5 by a responsible Minister to a public body under the constitutional Act of the public body, or other written law administered by the public body, continues in force and is to be treated, on or after that date, as if made or given under section 5.

Suggest a correction

(2)

Section 15 does not apply to any individual who —

(a)

is appointed as the chief executive of a public body before the date of commencement of that section; and

(b)

is holding that office immediately before that date.

Suggest a correction

(3)

Sections 16 and 18 apply to an individual who, on the date of commencement of the relevant section, holds the office of chief executive of a public body to which that section applies.

Suggest a correction

(4)

Section 17 does not apply to any disciplinary penalty imposed as a result of —

(a)

any disciplinary proceedings started by a public body before the date of commencement of that section; or

(b)

any disciplinary proceedings by a public body for misconduct carried out before that date even if disciplinary proceedings start on or after that date.

Suggest a correction

(5)

Part 4 does not affect —

(a)

any meeting of a public body, notice of which was given before the date of commencement of that Part and not held or is adjourned immediately before that date, and that meeting may be continued, and everything in relation thereto may be done, in all respects after that date as if this Act had not been enacted; and

(b)

the continued operation or validity of any order or decision of any public body made before the date of commencement of that Part, and that order or decision is to be treated as being made under the corresponding provisions of this Act.

Suggest a correction

(6)

The individual who, immediately before the date of commencement of section 102(d), is the Chief Executive Director of the Singapore Sports Council continues to hold office as if the individual were appointed under the Singapore Sports Council Act as amended by that section; and any notice, order, document or decision made by or on behalf of the Chief Executive Director of the Singapore Sports Council is to be treated on and after that date as made by or on behalf of the Chief Executive Officer of that Council.

Suggest a correction

(7)

Every individual who is a chief executive (regardless of designation) of a public body, or an officer or employee of a public body, immediately before the respective dates of commencement of the following provisions of this Act applicable to the public body, continues to hold office as such as if appointed under the constitutional Act of the public body as amended by this Act:Sections 46(d), 47(b), 48(e), 49(f), 50(c), 51(g), 52(d), 53(c), 54(c), 55(e), 56(d), 57(c) and (d), 59(c) and (d), 60(d), 61(e), 64(j), 65(e), 66(e), 67(f), 68(j), 69(c), 70(d), 71(d) and (e), 72(d), 73(d), 74(c), 75(c) and (e), 76(d), 77(e), 79(c) and (d), 80(c), 81(d), 82(f), 83(c), 84(c), 85(b), 86(c) and (d), 87(c), 91(c), 93(c), 94(d), 95(d) and (e), 96(b), 97(c), 98(d), 99(f), 100(d), 102(d), 103(c), 104(c), 105(j), 106(c), 108(c) and (d), 109(c), 110(c) and (d) and 111(g).

Suggest a correction

(8)

For a period of 2 years after the date of commencement of any section of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that section as the Minister may consider necessary or expedient.

Suggest a correction

Schedule 1

Group 1 public bodies

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FIRST SCHEDULESection 2Group 1 public bodiesPart 1GROUP 1A PUBLIC BODIES Public bodyConstitutional Act1.Accounting and Corporate Regulatory AuthorityAccounting and Corporate Regulatory Authority Act (Chapter 2A)2.Agency for Science, Technology and ResearchAgency for Science, Technology and Research Act (Chapter 5A)3.Agri-Food and Veterinary Authority of SingaporeAgri-Food and Veterinary Authority Act (Chapter 5)4.Building and Construction AuthorityBuilding and Construction Authority Act (Chapter 30A)5.Casino Regulatory Authority of SingaporeCasino Control Act (Chapter 33A)6.Central Provident Fund BoardCentral Provident Fund Act (Chapter 36)7.Civil Aviation Authority of SingaporeCivil Aviation Authority of Singapore Act (Chapter 41)8.Civil Service CollegeCivil Service College Act (Chapter 45)9.Competition Commission of SingaporeCompetition Act (Chapter 50B)10.Council for Estate AgenciesEstate Agents Act (Chapter 95A)11.Economic Development BoardEconomic Development Board Act (Chapter 85)12.Energy Market Authority of SingaporeEnergy Market Authority of Singapore Act (Chapter 92B)13.Government Technology AgencyGovernment Technology Agency Act 2016 (Act 23 of 2016)14.Health Promotion BoardHealth Promotion Board Act (Chapter 122B)15.Health Sciences AuthorityHealth Sciences Authority Act (Chapter 122C)16.Housing and Development BoardHousing and Development Act (Chapter 129)17.Info-communications Media Development AuthorityInfo-communications Media Development Authority Act 2016 (Act 22 of 2016)18.Inland Revenue Authority of SingaporeInland Revenue Authority of Singapore Act (Chapter 138A)19.ISEAS — Yusof Ishak InstituteISEAS — Yusof Ishak Institute Act (Chapter 141)20.Institute of Technical Education, SingaporeInstitute of Technical Education Act (Chapter 141A)21.Intellectual Property Office of SingaporeIntellectual Property Office of Singapore Act (Chapter 140)22.International Enterprise Singapore BoardInternational Enterprise Singapore Board Act (Chapter 143B)23.Jurong Town CorporationJurong Town Corporation Act (Chapter 150)24.Land Transport Authority of SingaporeLand Transport Authority of Singapore Act (Chapter 158A)25.Maritime and Port Authority of SingaporeMaritime and Port Authority of Singapore Act (Chapter 170A)26.Nanyang PolytechnicNanyang Polytechnic Act (Chapter 191A)27.National Arts CouncilNational Arts Council Act (Chapter 193A)28.National Environment AgencyNational Environment Agency Act (Chapter 195)29.National Heritage BoardNational Heritage Board Act (Chapter 196A)30.National Library BoardNational Library Board Act (Chapter 197)31.National Parks BoardNational Parks Board Act (Chapter 198A)32.Ngee Ann PolytechnicNgee Ann Polytechnic Act (Chapter 207)33.Public Transport CouncilPublic Transport Council Act (Chapter 259B)34.Public Utilities Board Public Utilities Act (Chapter 261)35.Republic Polytechnic Republic Polytechnic Act (Chapter 270)36.Science Centre Board Science Centre Act (Chapter 286)37.Sentosa Development Corporation Sentosa Development Corporation Act (Chapter 291)38.Singapore Corporation of Rehabilitative Enterprises Singapore Corporation of Rehabilitative Enterprises Act (Chapter 298)39.Singapore Examinations and Assessment Board Singapore Examinations and Assessment Board Act (Chapter 299A)40.Singapore Land AuthoritySingapore Land Authority Act (Chapter 301)41.Singapore Polytechnic Singapore Polytechnic Act (Chapter 303)

42. Singapore Sports CouncilSingapore Sports Council Act (Chapter 305)43.Singapore Totalisator BoardSingapore Totalisator Board Act (Chapter 305A)

44. Singapore Tourism BoardSingapore Tourism Board Act (Chapter 305B)45.SkillsFuture Singapore AgencySkillsFuture Singapore Agency Act 2016 (Act 24 of 2016)46.Standards, Productivity and Innovation BoardStandards, Productivity and Innovation Board Act (Chapter 303A)47.Temasek PolytechnicTemasek Polytechnic Act (Chapter 323A)48.Urban Redevelopment AuthorityUrban Redevelopment Authority Act (Chapter 340)49.Workforce Singapore AgencyWorkforce Singapore Agency Act (Chapter 305D)Part 2GROUP 1B PUBLIC BODIES Public bodyConstitutional Act1.Defence Science and Technology AgencyDefence Science and Technology Agency Act (Chapter 75A)Part 3GROUP 1C PUBLIC BODIES Public bodyConstitutional Act1.People’s AssociationPeople’s Association Act (Chapter 227)

Schedule 2

Group 2 public bodies

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SECOND SCHEDULESection 2Group 2 public bodiesPart 1GROUP 2A PUBLIC BODIES Public bodyConstitutional Act1.Board of Architects Architects Act (Chapter 12)2.Land Surveyors Board Land Surveyors Act (Chapter 156)3.Professional Engineers BoardProfessional Engineers Act (Chapter 253)4.Singapore Nursing BoardNurses and Midwives Act (Chapter 209)5.Traditional Chinese Medicine Practitioners BoardTraditional Chinese Medicine Practitioners Act (Chapter 333A)Part 2GROUP 2B PUBLIC BODIES Public bodyConstitutional Act1.Singapore Dental CouncilDental Registration Act (Chapter 76)2.Singapore Medical CouncilMedical Registration Act (Chapter 174)3.Singapore Pharmacy CouncilPharmacists Registration Act (Chapter 230)

Schedule 3

Group 3 public bodies

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THIRD SCHEDULESection 2Group 3 public bodiesPart 1GROUP 3A PUBLIC BODIES Public bodyConstitutional Act1.Majlis Ugama Islam, SingapuraAdministration of Muslim Law Act (Chapter 3)Part 2GROUP 3B PUBLIC BODIES Public bodyConstitutional Act1.National Council of Social ServiceNational Council of Social Service Act (Chapter 195A)

Common questions

What is Public Sector (Governance) Bill?
Public Sector (Governance) Bill is Singapore Bill, cited as Bill 45 2017, currently marked in force and first recorded in 2017.
Is Public Sector (Governance) Bill still in force?
Yes — Public Sector (Governance) Bill is currently in force.
When did Public Sector (Governance) Bill take effect?
Public Sector (Governance) Bill was first recorded in 2017.
How many clauses does Public Sector (Governance) Bill have?
Public Sector (Governance) Bill contains 112 clauses.
Where can I read the official version of Public Sector (Governance) Bill?
The official text of Public Sector (Governance) Bill is published at sso.agc.gov.sg.