§ 11 — Membership disqualification

11.—(1) In appointing members of the Agency, the Minister must have regard to whether the members of the Agency will collectively possess the appropriate knowledge, skills and experience to assist the Agency to perform its functions effectively.(2) However, the following individuals are disqualified from being a member of the Agency:(a)

an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors;

(b)

a Judge or judicial officer;

(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 (whether 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 from being a director or in any way, whether directly or indirectly, being concerned in, or from taking part in, the management of a company by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 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 provision; 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]

—(1) In appointing members of the Agency, the Minister must have regard to whether the members of the Agency will collectively possess the appropriate knowledge, skills and experience to assist the Agency to perform its functions effectively.

(2) However, the following individuals are disqualified from being a member of the Agency:(a)

an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors;

(b)

a Judge or judicial officer;

(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 (whether 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 from being a director or in any way, whether directly or indirectly, being concerned in, or from taking part in, the management of a company by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 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 provision; 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]