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Membership of Authority
10.—(1) The Authority consists of at least 6 and not more than 20 members.(2) One of the members (who is not the Chairperson or Deputy Chairperson) may be the Chief Executive. —(1) The Authority consists of at least 6 and not more than 20 members. (2) One of the members (who is not the Chairperson or Deputy Chairperson) may be the Chief Executive.
Appointment of members of Authority
11.—(1) Each member is to be appointed by the Minister. (2) Every appointment must be made by instrument in writing given to the member. (3) The instrument must state —(a) the term of the appointment; and (b) the date the appointment takes effect (which must not be earlier than the date on which the member receives the instrument).
Membership disqualification
12.—(1) In appointing members, the Minister must have regard to whether the members will collectively possess the appropriate knowledge, skills and experience to assist the Authority to perform its functions effectively. (2) The following individuals are disqualified to be or from being a member:(a) a Judge or judicial officer; (b) an undischarged bankrupt; (c) an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon; (d) an individual who is —(i) disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (directly or indirectly) in the management, of a company during the period of disqualification in that section; [S 26/2022 wef 13/01/2022] (ii) disqualified by a court order (under section 149(1), 149A(1) or 154(2) of the Companies Act 1967) from being a director or in any way (directly or indirectly) being concerned in, or taking part in, the management of a company during the period of disqualification in the court order; (iii) disqualified under section 58(1) of the Variable Capital Companies Act 2018 from acting as a director, or taking part (whether directly or indirectly) in the management of a VCC during the period of disqualification in that section; or[S 26/2022 wef 13/01/2022] (iv) disqualified by a court order (under section 56(1), 57(1) or 58(2) of the Variable Capital Companies Act 2018) from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a VCC during the period of disqualification in the court order;[S 26/2022 wef 13/01/2022] (e) an individual who lacks capacity in respect of his or her duties as a member within the meaning of the Mental Capacity Act 2008, or in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008. (3) In this section, “VCC” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018.[S 26/2022 wef 13/01/2022]
Chairperson and Deputy Chairperson
13.—(1) The Minister may, by instrument in writing, appoint —(a) a member to be the Chairperson of the Authority for the period specified in the instrument; and (b) a member (other than the Chairperson) to be the Deputy Chairperson of the Authority for the period specified in the instrument. (2) A member who is appointed as the Chief Executive is not eligible for an appointment under subsection (1). (3) The Chairperson or Deputy Chairperson holds office until —(a) his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires; (b) he or she ceases to hold office as a member; or (c) the Minister terminates his or her appointment as Chairperson or Deputy Chairperson (as the case may be), whichever first happens. (4) The Deputy Chairperson has and may perform all the functions and exercise all the powers of the Chairperson in relation to a matter if —(a) the Chairperson is unavailable; or (b) the Chairperson is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter.[5/2018]
Premature vacancies
14.—(1) If a premature vacancy occurs in the office of a member, the Minister may, subject to sections 10 and 12, appoint an individual to fill the vacancy and hold that office for the remainder of the term for which the vacating member was appointed. (2) Section 11 applies to an appointment under subsection (1). (3) In this section, “premature vacancy”, for an office, means a vacancy that occurs in that office for any reason other than the expiry of the term of office.
Temporary Chairperson and members
15.—(1) The Minister may appoint an individual (other than the Chief Executive) to act temporarily as the Chairperson of the Authority during any period, or during all periods, when the Chairperson —(a) is absent from duty or from Singapore; or (b) is, for any reason, unable to perform the duties of the office. (2) The Minister may appoint an individual to act temporarily as a member of the Authority (other than the Chairperson) during any period, or during all periods, when the member —(a) is absent from duty or from Singapore; or (b) is, for any reason, unable to perform the duties of the office. (3) An individual is ineligible for appointment under this section to act as the Chairperson or a member if the individual is disqualified under section 12(2) for appointment as a member of the Authority.
Removal of member
16.—(1) The Minister may, at any time and without giving any reason, remove a member from office. (2) Every removal under subsection (1) must be made by written notice to the member. (3) The notice must state the date the removal takes effect (which must not be earlier than the date on which the member receives the notice).
Resignation from office
17.—(1) A member may resign his or her office by written notice to the Minister. (2) The resignation is effective —(a) on the expiry of one month after the date on which the Minister receives the notice; or (b) on any later date specified in the notice.
Validity of acts, etc.
18.—(1) The performance of any function, or the exercise of any power, by the Authority is not affected merely because at the relevant time —(a) there was a vacancy in the membership of the Authority, including a vacancy arising from the failure to appoint a member; (b) there was some defect or irregularity in the appointment or continuance in office of an individual purporting to be a member; or (c) there was an irregularity in the Authority’s decision‑making procedure (but only if the irregularity did not affect the merits of the decision made).[5/2018] (2) The acts of an individual as a member of the Authority are not affected merely because there was some defect or irregularity in the appointment or continuance in office of the individual purporting to be a member.
Term of appointment
19.—(1) The term of appointment of a member must not exceed 3 years.(2) A member may be re‑appointed. —(1) The term of appointment of a member must not exceed 3 years. (2) A member may be re‑appointed.
Remuneration, etc.
20. The members are to be paid, out of the funds of the Authority, such salaries, fees and allowances as the Minister may determine.
Vacation of office
21.—(1) A member ceases to hold office if he or she —(a) dies; (b) is adjudicated a bankrupt; (c) becomes disqualified from being a member under section 12(2); (d) is removed from office in accordance with section 16; (e) resigns in accordance with section 17; (f) without reasonable cause, fails to disclose any interest required to be disclosed under the Public Sector (Governance) Act 2018 and the Authority reports to the Minister under that Act of the member’s failure to do so; (g) fails to attend 3 consecutive meetings of the Authority (without the approval of the Authority); or (h) is not re‑appointed when his or her term of office expires.[5/2018] (2) A member is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.
Other terms and conditions
22. The Minister may specify other terms and conditions of appointment of a member in the instrument of appointment.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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