Procedure generally
s 28
28. Except as otherwise provided under this Act or any other Act, the members may regulate their own procedure.
Government Technology Agency Act 2016 PART 4 — DECISION-MAKING BY AGENCY
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Division 1 — Meetings
Notice of meetings
s 29
29.—(1) The Agency is to hold such meetings as are necessary for performing its functions. (2) The Chairperson must appoint the times and places of the meetings of the Agency, and cause notice of those meetings to be given to each member not present when the appointment is made. (3) If the Chairperson receives a written request, signed by 4 or more members, that a meeting of the Agency be convened for a purpose specified in the request, the Chairperson must, within 7 days after receiving the request, convene a meeting for that purpose.
Quorum
s 31
31.—(1) The quorum for a meeting of the Agency is the higher of the following:(a) one-third of the number of members; (b) 3 members. (2) No business may be transacted at a meeting of the Agency if a quorum is not present.
Presiding at meetings
s 32
32.—(1) At a meeting of the Agency, the following person presides:(a) if there is a Chairperson and he or she is present and is not interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter — the Chairperson; (b) if there is no Chairperson, or the Chairperson is not present or is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter, and there is a Deputy Chairperson who is present and is not interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter — the Deputy Chairperson; (c) in any other case, the member elected, from among the members present at the meeting, to preside.[5/2018] (2) The person specified in subsection (1)(b) or (c) may perform the functions and exercise the powers of the Chairperson for the purposes of the meeting.
Voting at meetings
s 33
33.—(1) Each member has one vote. (2) In addition to his or her general vote, the person presiding at a meeting has, in the case of an equality of votes at the meeting, a casting vote. (3) A decision is adopted by the Agency at a meeting if it is agreed to by all members present at the meeting without dissent or if a majority of the votes cast on it are in favour of it. (4) A member present at a meeting of the Agency is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Agency unless he or she expressly dissents from or votes against the decision at the meeting.
Execution of documents
s 35
35.—(1) The Agency must have a seal. (2) The seal of the Agency is to be kept and used as authorised by the Agency. (3) A document is duly executed by the Agency if —(a) the seal of the Agency is affixed to the document in the presence of one of its members who must sign the document to attest that the seal was so affixed, and the document is signed —(i) by any 2 members generally or specially authorised by the Agency for the purpose; or (ii) by one member and the Chief Executive; or (b) it is signed on behalf of the Agency by a person or persons authorised to do so by the Agency and in accordance with the terms of that authorisation. (4) Where a document is to be executed under seal, the Agency may, under subsection (3)(b), authorise one or more of its employees to execute, on the Agency’s behalf, the document under the Agency’s seal in accordance with the terms of that authorisation. (5) A document purporting to be executed in accordance with this section is presumed to be duly executed until the contrary is shown. (6) All courts, judges and persons acting judicially are to take judicial notice of the imprint of the seal of the Agency appearing on a document. (7) When a document is produced bearing a seal purporting to be the seal of the Agency, it is presumed that the seal is the seal of the Agency until the contrary is shown.
Division 2 — Committees and delegation
Appointment of committees
s 36
36.—(1) The Agency may appoint any number of committees that it thinks fit for purposes which, in the opinion of the Agency, would be better regulated and managed by means of those committees. (2) A committee appointed under this section may consist of such individuals as the Agency thinks fit, and may include individuals who are not members of the Agency. (3) Without limiting subsection (1), the Agency may appoint any committee —(a) to advise the Agency on matters relating to the Agency’s functions and powers that are referred to the committee by the Agency; or (b) to perform any function or exercise any power of the Agency that is delegated to the committee, if the committee includes at least one member of the Agency. (4) An individual must not be appointed as a member of a committee unless, before appointment, he or she discloses to the Agency the details of any interest (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) the individual may have if he or she were a member of that committee.[5/2018]
Proceedings of committees, etc.
s 37
37.—(1) Subject to this Act, the Public Sector (Governance) Act 2018 and the control of the Agency, a committee appointed under section 36 may regulate its own proceedings and business.[5/2018] (2) Section 18 applies, with the necessary modifications, to a committee and the members of the committee.
Ability to delegate
s 38
38.—(1) The Agency may delegate any of its functions or powers, either generally or specially and subject to any conditions or restrictions that it thinks fit, to any of the following persons:(a) a member of the Agency; (b) the Chief Executive or an employee of the Agency; (c) a committee of the Agency that includes at least one member of the Agency; (d) a company that is incorporated in Singapore and is a subsidiary of the Agency. (2) A delegation under subsection (1) must be by written notice given to the delegate. (3) Subsection (1) does not apply to any function or power under this Act or any other Act that is declared by this Act or that other Act to be non‑delegable.[5/2018] (4) A delegation in accordance with this section is not affected —(a) by any change in the membership of a committee (where the delegate is the committee), so long as the committee includes at least one member of the Agency; or (b) by any change in the individual appointed as the Chief Executive or holding any specified office in the Agency (where the delegate is the Chief Executive or the holder of the specified office).[5/2018] (5) For the purposes of subsection (1)(d), a company is a subsidiary of the Agency if —(a) the Agency is the sole member of that company; or (b) the Agency, as a member of that company, holds more than half of the voting power in that company.
Validity of delegate’s acts, etc.
s 39
39. A delegate who purports to perform a function or exercise a power under delegation —(a) is taken to do so in accordance with the terms of the delegation under section 38, unless the contrary is shown; and (b) must produce evidence of the delegation, if reasonably requested to do so.
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