Rapid Transit Systems Act 1995 · 2020 Revised Edition · Part 3A · Control of Designated Entities
21O. Remedial directions relating to section 21H
Feedback & supportLast amended by an amending law of 2024.
Subsection (2) applies where —
an individual has been appointed or removed in contravention of section 21H(1) or (2), or a person has been appointed a manager of or becomes a partner in a designated entity in contravention of section 21H(3) or (4);
any condition of approval imposed under section 21H(5) has not been complied with;
any of the following persons has provided false or misleading information or documents to the Authority in connection with an application for approval under section 21H(1), (2), (3) or (4):
a designated entity;
the trustee-manager of a designated entity;
the person mentioned in section 21H(4); or
the Authority would not have granted its approval under section 21H(1), (2), (3) or (4) had it been aware, at the time of approval, of circumstances relevant to a person’s application for such approval.
The Authority may issue a direction to the designated entity or trustee-manager in question (as the case may be) to do as follows (whichever is applicable):
remove the individual as the chief executive officer, the chairperson of the board of directors or a director of the designated entity or trustee-manager, as the case may be;
reinstate the individual as the chief executive officer, the chairperson of the board of directors or a director of the designated entity or trustee-manager, as the case may be;
remove the person as a manager of or partner in the designated entity.
A direction issued under this section (including a direction varied under section 21Q(2)) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated entity or trustee-manager in question.
Nothing in subsection (2) is to be taken as depriving a person who is removed under that subsection of compensation or damages payable to that person in respect of the termination of his or her appointment as the chief executive officer, the chairperson of the board of directors or a director, or the person’s removal as a manager or partner.