Singapore legislation

Schedule 1

of Public Utilities Act 2001

Schedule 1

Constitution and proceedings of Board

FIRST SCHEDULESection 5(2)Constitution and proceedings of BoardAppointment of Chairperson and members 1.—

(1)

The Chairperson and other members of the Board must be appointed by the Minister and hold office for such period and on such terms and conditions as the Minister may determine.(2) The Minister may appoint the Chief Executive as a member.Appointment of Deputy Chairperson2.—

(1)

The Minister may appoint any member of the Board to be Deputy Chairperson of the Board.(2) If for any reason the Chairperson is unable to act or the office of Chairperson is vacant, the Deputy Chairperson may exercise all or any of the powers conferred, or the duties imposed, on the Chairperson under this Act. Temporary Chairperson, Deputy Chairperson or member

3. The Minister may appoint any person to be a temporary Chairperson, Deputy Chairperson or member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson, Deputy Chairperson or any member, as the case may be.Revocation of appointment

4. The Minister may, at any time, revoke the appointment of the Chairperson, Deputy Chairperson or any member if the Minister considers the revocation necessary in the interest of the effective and economical performance of the functions of the Board under this Act or in the public interest.Resignation

5. A member may resign from office at any time by giving not less than one month’s notice to the Minister.Vacation of office

6. The office of a member becomes vacant —

(a)

on the member’s death;

(b)

if the member fails to attend 3 consecutive meetings of the Board without sufficient cause (the sufficiency to be decided by the Board);

(c)

if the member becomes in any manner disqualified for membership of the Board;

(d)

if the member is adjudicated a bankrupt;

(e)

if the member resigns from office; or

(f)

if the member’s appointment is revoked.Filling of vacancies

7. If a vacancy occurs in the membership of the Board, the Minister may, subject to paragraphs 1 and 8, appoint any person to fill the vacancy and the person so appointed holds office for the remainder of the term for which the vacating member was appointed.Disqualification from membership

8. A person must not be appointed or must not continue to hold office as a member if the person —

(a)

is an undischarged bankrupt or has made any arrangement with the person’s creditors;

(b)

has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or

(c)

is incapacitated by physical or mental illness.Sealing of documents9.—

(1)

All deeds, documents and other instruments requiring the seal of the Board must be sealed with the common seal of the Board in the presence of any 2 officers of the Board duly authorised by the Board to act in that behalf and must be signed by those officers.(2) Such signing is sufficient evidence that the common seal of the Board has been duly and properly affixed and that the seal is the lawful common seal of the Board.(3) The Board may by resolution or otherwise appoint an employee of the Board or any other agent, either generally or in a particular case, to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter coming within the powers of the Board.(4) Section 11 of the Registration of Deeds Act 1988 does not apply to any instrument purporting to have been executed under sub‑paragraph (1).Salaries and fees payable to members of Board

10. The members of the Board are to be paid, out of the funds of the Board, such salaries, fees and allowances as the Minister may determine.Quorum11.—

(1)

The quorum at every meeting of the Board is one-third of the total number of members or 3 members, whichever is the higher; and no business may be transacted unless a quorum is present.(2) The Chairperson, or in his or her absence the Deputy Chairperson, presides at meetings of the Board, and if both the Chairperson and Deputy Chairperson are absent from any meeting or part of the meeting, such member as the members present may elect presides at that meeting or part of the meeting.(3) A decision at a meeting of the Board is to be adopted by a simple majority of the members present and voting except that, in the case of an equality of votes, the Chairperson of the meeting has a casting vote in addition to his or her original vote.Vacancies

12. The Board may act despite any vacancy in its membership.Procedure at meetings13.—

(1)

The Chairperson or any other officer authorised by him or her must, subject to such standing orders as may be made by the Board under sub‑paragraph (2), summon all meetings of the Board for the despatch of business.(2) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may make standing orders to regulate its own procedure generally and, in particular, regarding the holding of meetings, the notice to be given of the meetings, the proceedings at the meetings, the keeping of minutes, the custody, production and inspection of the minutes, and the opening, keeping, closing and auditing of accounts.Appointment of committees and delegation of powers14.—

(1)

The Board may appoint from among its own members or persons who are not members any number of committees that it thinks fit consisting of members or other persons or members and other persons for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees.(2) The Board may, subject to any conditions or restrictions that it thinks fit, delegate to any such committee or the Chairperson, all or any of the powers, functions and duties vested in the Board by this Act or other written law, except the powers to prescribe or levy dues and rates and borrow money.(3) The Board may, subject to any conditions or restrictions that it thinks fit, delegate to any employee of the Board or any person all or any of its powers, functions and duties vested in the Board by this Act or other written law, except the powers to prescribe or levy dues and rates and borrow money; and any power, function or duty so delegated may be exercised or performed by the employee or person in the name and on behalf of the Board.[25/2009; 5/2018]