Procedure generally
s 26
26. Except as otherwise provided under this Act or any other Act, the members of the Agency must regulate their own procedure.
SkillsFuture Singapore 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 27
27.—(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 each member not present when the appointment is made.
Quorum
s 29
29.—(1) The quorum is the number that is one‑third the number of members.(2) No business may be transacted at a meeting of the Agency if a quorum is not present. —(1) The quorum is the number that is one‑third the number of members. (2) No business may be transacted at a meeting of the Agency if a quorum is not present.
Presiding at meetings
s 30
30.—(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 the Deputy Chairperson who is not so interested in the matter is present — the Deputy Chairperson; (c) in any other case, the member elected from among themselves to preside.[5/2018] (2) A person mentioned in subsection (1)(b) or (c) may exercise all the powers and functions of the Chairperson for the purposes of the meeting.
Voting at meetings
s 31
31.—(1) Each member has one vote. (2) In addition to his or her general vote, the member presiding at a meeting has, in the case of an equality of votes, a casting vote. (3) A resolution of the Agency is passed if it is agreed by all members present without dissent, or if a majority of the members who are entitled to vote on the matter cast votes in favour of it. (4) A member present at a meeting of the Agency is presumed to have agreed to, and to have voted in favour of, a resolution of the Agency unless he or she expressly dissents from or votes against the resolution at the meeting.
Execution of documents
s 33
33.—(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) A document purporting to be executed in accordance with this section must be presumed to be duly executed until the contrary is shown. (5) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Agency appearing on a document. (6) When a document is produced bearing a seal purporting to be the seal of the Agency, it must be presumed that the seal is the seal of the Agency until the contrary is shown.
Division 2 — Committees and delegation
Appointment of committees
s 34
34.—(1) The Agency may, by resolution, 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 any number of individuals that the Agency thinks fit, and may include individuals who are not members of the Agency. (3) Without limiting subsection (1), the Agency may appoint committees —(a) to advise the Agency on any matters relating to the Agency’s functions and powers that are referred to the committee by the Agency; or (b) to perform or exercise any of the Agency’s functions and powers that are delegated to the committee, if the committee includes at least one member of the Agency. (4) An individual may 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
s 35
35.—(1) Section 17 applies to a committee, and to committee members or individuals purporting to be committee members, with the necessary modifications. (2) Subject to this Act, the Public Sector (Governance) Act 2018 and any restrictions by a resolution under section 34(1), a committee may regulate its own proceedings and business as it thinks fit.[5/2018]
Ability to delegate
s 36
36.—(1) The Agency may delegate the performance or exercise of any of its functions or powers, either generally or specially, to any of the following persons by resolution and written notice to the person or persons:(a) a member of the Agency; (b) the Chief Executive, any employee of the Agency or any other person performing duties in the Agency; (c) a committee; (d) a wholly‑owned subsidiary company of the Agency; (e) a person engaged as a contractor by the Agency;[Act 3 of 2023 wef 15/06/2023] (f) a public officer or an officer of a statutory authority.[Act 3 of 2023 wef 15/06/2023] (2) A delegation by the Agency under subsection (1) of the performance or exercise of any of its functions or powers —(a) to a person in subsection (1)(a), (b) or (c) may authorise the delegate to subdelegate the performance or exercise of the function or power to another member, an appropriately qualified employee of the Agency or person performing duties in the Agency (called in this Act a subdelegate); or (b) to a person in subsection (1)(d) or (e) may authorise the delegate to subdelegate the performance or exercise of the function or power to an appropriately qualified employee of that delegate (also called in this Act a subdelegate), but subject to the same restrictions, and with the same effect, as if the subdelegate is the delegate. (3) Subsections (1) and (2) do not apply to any power under this Act or any other Act administered by the Agency that is declared by that Act to be non‑delegable. (4) Subject to section 34(3)(b), a delegation or subdelegation in accordance with this Act is not affected by any change in the membership of the Agency or of any committee or by any change in the Chief Executive or employee. (5) In this section —(a) a reference to a wholly‑owned subsidiary company of the Agency includes a company limited by guarantee the sole member of which is the Agency; and (b) a reference to a person performing duties in the Agency includes a person performing duties in the Agency under a contract, or under an arrangement making available temporarily to the Agency the services of public officers (or secondment).
Power of delegate
s 37
37.—(1) A delegate (or subdelegate) who purports to perform a function or exercise a power under delegation (or subdelegation) —(a) is taken to be in accordance with the terms of a delegation (or subdelegation) under section 36, unless the contrary is shown; and (b) must produce evidence of his or her authority to do so, if reasonably requested to do so. (2) A subdelegate to whom a function or power of the Agency is subdelegated under section 36(2) is not authorised to further delegate that power or function to anyone else.
Back to SkillsFuture Singapore Agency Act 2016 — full text
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