Singapore legislation

Regulation 4

of Women’s Charter (Enforcement of Maintenance Orders under Division 3 of Part 9) Regulations 2024

Regulation 4

MEO’s direction under section 86(1) of Act — how given

Subregulation 1

An MEO may give a direction under section 86(1) of the Act to a party by any of the following means:

(a)

by giving the direction to the party personally;

(b)

by sending a copy of the direction by ordinary post or prepaid registered post to the party’s usual or last known address;

(c)

subject to paragraph (2), by transmitting an electronic record of the direction to the party’s STREAM account;

(d)

subject to paragraph (2), by transmitting a copy of the direction to the party’s electronic mail address;

(e)

subject to paragraph (2), by transmitting a copy of the direction to the party’s electronic address in any other messaging system; (f)if the party is represented by a solicitor —

(i)

by giving the direction to the solicitor personally; (ii)by sending a copy of the direction by ordinary post or prepaid registered post to the solicitor’s business address;

(iii)

by transmitting an electronic record of the direction to the business STREAM account used by the solicitor; or

(iv)

by transmitting a copy of the direction to the electronic mail address provided by the solicitor.

Subregulation 2

An MEO must not give a direction under section 86(1) of the Act to a party —

(a)

in the manner mentioned in paragraph (1)(c), unless —

(i)

the party gives prior written consent to be given directions under section 86(1) of the Act in that manner; and

(ii)

an MEO has made reasonable efforts to notify the party how the party may retrieve electronic records of directions from the party’s STREAM account;

(b)

in the manner mentioned in paragraph (1)(d), unless —

(i)

the party gives prior written consent to be given directions under section 86(1) of the Act in that manner; and

(ii)

the party provides the party’s electronic mail address for the purpose of the giving of directions in that manner; and

(c)

in the manner mentioned in paragraph (1)(e), unless —

(i)

the party gives prior written consent to be given directions under section 86(1) of the Act in that manner;

(ii)

the party specifies the messaging system in the written consent; and

(iii)

the party provides the party’s electronic address for the purpose of the giving of directions in that manner.

Subregulation 3

Unless otherwise proven, a direction under section 86(1) of the Act is deemed to be given to a party —

(a)

if given in the manner mentioned in paragraph (1)(b) or (f)(ii) — on the day after the copy of the direction would, in the ordinary course of post, be delivered, except if it is returned undelivered; and

(b)

if given in the manner mentioned in paragraph (1)(c), (d), (e) or (f)(iii) or (iv) — at the time when the electronic record of the direction or the electronic mail or electronic message containing the copy of the direction (as the case may be) becomes capable of being retrieved by the party or the party’s solicitor, as the case may be.

Subregulation 4

For the purposes of paragraph (3)(b), an electronic record, electronic mail or electronic message is presumed to be capable of being retrieved by the party or the party’s solicitor (as the case may be) mentioned in paragraph (1) when it reaches the STREAM account mentioned in paragraph (1)(c) or (f)(iii), the electronic mail address mentioned in paragraph (1)(d) or (f)(iv) or the electronic address mentioned in paragraph (1)(e) (as the case may be), unless it is proven to be not capable of being retrieved by the party or the party’s solicitor, as the case may be.

Subregulation 5

In this regulation —

Definition

“electronic address” includes a mobile telephone number and an account name;

Definition

“messaging system” means an information system that enables the transmission of messages (in whatever form) through the Internet or a mobile telephone network.