Appointment of committees
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
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
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
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.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
