Competent authority
Open ↗4.—(1) The Minister may appoint a public officer, or a body established or constituted by or under any public Act to perform a public function (except a Town Council), to be the competent authority for the purposes of this Act.
(2) The competent authority is responsible for the administration of this Act, and may perform such duties as are imposed, and may exercise such powers as are conferred, on the competent authority by this Act, subject to any general or special directions of the Minister.
Authorised officers appointed by competent authority and delegation by competent authority
Open ↗5.—(1) The competent authority may, in relation to this Act or any provision of this Act, appoint any of the following individuals to be an authorised officer to administer this Act, either generally or for any particular provision:(a)
a public officer;
(b)
an employee of a public authority;
(c)
a public officer performing duties in a public authority under a secondment arrangement making available temporarily to the public authority the services of the public officer.
(2) Every authorised officer appointed under subsection (1)(b) is deemed to be a public servant for the purposes of the Penal Code 1871.
(3) The competent authority may, for any reason that appears to the competent authority to be sufficient, at any time revoke any appointment as an authorised officer made by the competent authority.
(4) The competent authority may delegate the exercise of all or any of the powers conferred, or the performance of all or any of the duties imposed, on the competent authority by any provision of this Act (except the power of delegation conferred by this subsection) to an authorised officer, and any reference in a provision of this Act to the competent authority includes a reference to such an authorised officer.
(5) A delegation under subsection (4) by the competent authority may be general or for a particular case and is subject to any conditions or limitations that are set out in this Act or that the competent authority may specify.
Transfer of functions and powers of Minister
Open ↗6.—(1) This section applies if the Minister has designated an entity under section 17(1).
(2) The Prime Minister may direct that all or any of the functions and powers of the Minister under Part 3 (other than section 17 and Division 6) and section 38 be transferred to another Minister (called in this Act the relevant Minister) in respect of the designated entity.
(3) If any functions and powers of the Minister have been transferred with the Prime Minister’s direction under subsection (2) —(a)
the relevant Minister may, in respect of the designated entity, perform the functions and exercise the powers so transferred in place of the Minister; and
(b)
any reference to the Minister in the following provisions of this Act includes, in respect of that entity, the relevant Minister mentioned in that subsection:(i)
Part 3, other than section 17 and Division 6;
(ii)
Part 4, other than sections 41, 42 and 45.
(4) A transfer of functions and powers under subsection (2) is subject to any conditions and restrictions that the Prime Minister may determine.
(5) The Prime Minister may —(a)
revoke any direction given under subsection (2); or
(b)
vary any of the conditions or restrictions mentioned in subsection (4).
(6) The following matters must be notified in the Gazette as soon as practicable:(a)
any direction given under subsection (2);
(b)
any condition or restriction determined under subsection (4);
(c)
any revocation of a direction under subsection (5)(a);
(d)
any variation of a condition or restriction under subsection (5)(b).
(7) Regulations may be made under section 57 to provide for saving and transitional provisions when any transfer of functions and powers under subsection (2) is revoked under subsection (5)(a).
Appointed authorities
Open ↗7.—(1) A relevant Minister may appoint a public officer, or a body established or constituted by or under any public Act to perform a public function (except a Town Council), to be an appointed authority for the purposes of all or any of the provisions of this Act for which the relevant Minister may act.
(2) An appointed authority is responsible for the administration of the provisions of this Act for which purpose the appointed authority was appointed, and may perform such duties as are imposed, and may exercise such powers as are conferred, on the appointed authority by this Act, subject to any general or special directions of the relevant Minister.
(3) If a relevant Minister does not appoint an appointed authority under subsection (1), then, the competent authority —(a)
is responsible for the administration of the provisions of this Act in respect of the functions and powers transferred to the relevant Minister under section 6(2); and
(b)
may perform such duties as are imposed, and may exercise such powers as are conferred, on the appointed authority by this Act,
subject to any general or special directions of the relevant Minister.
(4) If a direction in relation to a relevant Minister is revoked under section 6(5)(a), the appointment of any appointed authority appointed by that relevant Minister is also treated as revoked.
Authorised officers appointed by appointed authority and delegation by appointed authority
Open ↗8.—(1) An appointed authority may, in relation to this Act or any provision of this Act, appoint any of the following individuals to be an authorised officer to administer this Act, either generally or for any particular provision, in respect of which the relevant Minister of the appointed authority may act:(a)
a public officer;
(b)
an employee of a public authority;
(c)
a public officer performing duties in a public authority under a secondment arrangement making available temporarily to the public authority the services of the public officer.
(2) Every authorised officer appointed under subsection (1)(b) is deemed to be a public servant for the purposes of the Penal Code 1871.
(3) An appointed authority may, for any reason that appears to the appointed authority to be sufficient, at any time revoke any appointment as an authorised officer made by the appointed authority.
(4) If the appointment of an appointed authority is revoked, the appointment of each authorised officer appointed by that appointed authority is also treated as revoked.
(5) An appointed authority may delegate the exercise of all or any of the powers conferred, or the performance of all or any of the duties or duties imposed, on the appointed authority by any provision of this Act (except the power of delegation conferred by this subsection) to an authorised officer appointed by the appointed authority under subsection (1), and any reference in a provision of this Act to the appointed authority includes a reference to such an authorised officer.
(6) A delegation under subsection (5) by an appointed authority may be general or for a particular case and is subject to any conditions or limitations that are set out in this Act or that the appointed authority may specify.
Delegation by Minister, etc.
Open ↗9.—(1) The Minister may delegate the performance or exercise of any of his or her functions or powers under this Act (except the power to make regulations under section 57(1)) to any of the following persons by written notice to the person:(a)
any of the following office‑holders in his or her Ministry:(i)
a Second Minister;
(ii)
a Senior Minister of State;
(iii)
a Minister of State;
(iv)
a Senior Parliamentary Secretary;
(v)
a Parliamentary Secretary;
(b)
the competent authority appointed by the Minister under section 4.
(2) A delegation by the Minister under subsection (1) may be general or for a particular case and is subject to any conditions or limitations that are set out in this Act or that the Minister may specify.
(3) The Minister may, in delegating the performance or exercise of any of his or her functions or powers to the competent authority under subsection (1)(b), authorise the competent authority to subdelegate the performance or exercise of the function or power to an authorised officer appointed by the competent authority under section 5 (called in this Act a subdelegate).
(4) A subdelegation by the competent authority of the performance or exercise of a function or power delegated to it by the Minister under subsection (1)(b) to a subdelegate is subject to the same restrictions, and has the same effect, as if the subdelegate were the delegate.
Delegation by relevant Minister, etc.
Open ↗10.—(1) A relevant Minister may delegate the performance or exercise of any of his or her functions or powers under this Act (except the power to make regulations under section 57(2)), either generally or specially, to any of the following persons by written notice to the person:(a)
any of the following office‑holders in his or her Ministry:(i)
a Second Minister;
(ii)
a Senior Minister of State;
(iii)
a Minister of State;
(iv)
a Senior Parliamentary Secretary;
(v)
a Parliamentary Secretary;
(b)
the appointed authority appointed by the relevant Minister under section 7.
(2) A delegation by the relevant Minister under subsection (1) may be general or for a particular case and is subject to any conditions or limitations that are set out in this Act or that the relevant Minister may specify.
(3) A relevant Minister may, in delegating the performance or exercise of any of his or her functions or powers to the appointed authority under subsection (1)(b), authorise the appointed authority to subdelegate the performance or exercise of the function or power to an authorised officer appointed by the appointed authority under section 8 (also called in this Act a subdelegate).
(4) A subdelegation by the appointed authority of the performance or exercise of a function or power delegated to it by the relevant Minister under subsection (1)(b) to a subdelegate is subject to the same restrictions, and has the same effect, as if the subdelegate were the delegate.
Power of delegate, etc.
Open ↗11.—(1) A delegate or subdelegate who purports to perform a function or exercise a power under delegation or subdelegation under section 9 or 10 —(a)
is taken to perform the function or exercise the power in accordance with the terms of the delegation or subdelegation (as the case may be), unless the contrary is shown; and
(b)
must produce evidence of his or her authority to perform the function or exercise the power, if reasonably requested to do so.
(2) A subdelegate to whom a function or power of the Minister or the relevant Minister is subdelegated under section 9(3) or 10(3) (as the case may be) is not authorised to further delegate that function or power to anyone else.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
