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Membership of Agency
9.—(1) The Agency consists of at least 9 and not more than 15 members.(2) One of the members (who is not the Chairperson) may be the Chief Executive. —(1) The Agency consists of at least 9 and not more than 15 members. (2) One of the members (who is not the Chairperson) may be the Chief Executive.
Appointment of Agency members
10.—(1) Each member of the Agency 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 a date earlier than the date the instrument is received by the member.
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 to be or 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; (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 (whether 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 provision; or (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; (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.[S 461/2020] (3) In this section, “VCC” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018.[S 461/2020]
Chairperson and Deputy Chairperson
12.—(1) The Minister may, by instrument in writing, appoint —(a) a member (other than the Chief Executive) to be the Chairperson of the Agency for the period specified in the instrument; and (b) a member (other than the Chairperson of the Agency) to be the Deputy Chairperson of the Agency for the period specified in the instrument. (2) 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 of the Agency; or (c) the Minister terminates his or her appointment as Chairperson or Deputy Chairperson, as the case may be, whichever first happens. (3) The Deputy Chairperson of the Agency has and may exercise all of the functions and 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
13.—(1) If a premature vacancy occurs in the office of any member of the Agency, the Minister may, subject to sections 9, 10 and 11, 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) 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.
Acting Chairperson and members
14.—(1) The Minister may appoint an individual (other than the Chief Executive) to act temporarily as the Chairperson of the Agency during any period, or during all periods, when the Chairperson —(a) is absent from duty or 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 Agency (other than the Chairperson) during any period, or during all periods, when the member —(a) is absent from duty or 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 of the Agency if the individual is disqualified under section 11(2) for appointment as a member of the Agency.
Removal of member
15.—(1) The Minister may, at any time and without giving any reason, remove a member of the Agency from office. (2) Every removal under subsection (1) must be made by written notice given to the member with a copy to the Agency. (3) The notice must state the date the removal takes effect, which must not be a date earlier than the date the member receives the notice.
Resignation from office
16.—(1) A member of the Agency may resign his or her office by written notice to the Minister (with a copy to the Agency) signed by the member. (2) The resignation is effective when the notice in subsection (1) is received by the Minister or at any later time specified in the notice.
Validity of acts, etc.
17.—(1) Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function by the Agency is not affected merely because at the relevant time —(a) there was a vacancy in the membership of the Agency, including a vacancy arising from the failure to appoint a member; (b) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or (c) there was an irregularity in the Agency’s decision‑making procedure that does not affect the merits of the decision made.[5/2018] (2) The acts of an individual as a member of the Agency are not affected merely because —(a) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or (b) in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended.
Term of appointment
18.—(1) Subject to section 20, each member of the Agency holds office for a period of 3 years or any shorter period specified in the instrument of appointment. (2) A member of the Agency may be re‑appointed.
Remuneration, etc.
19. The members of the Agency may be paid, out of the funds of the Agency, such salaries, fees and allowances as the Minister determines.
Vacation of office
20.—(1) A member of the Agency ceases to hold office if he or she —(a) dies; (b) is adjudicated a bankrupt or makes an arrangement with any of his or her creditors; (c) becomes otherwise disqualified from being a member under section 11(2); (d) is removed from office in accordance with section 15; (e) resigns in accordance with section 16; (f) fails without reasonable cause to disclose any interest required under the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Minister about that default; (g) fails to attend 3 consecutive meetings of the Agency without the approval of the Agency; 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.
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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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