s 33D Power to make special administration order and other orders
33D.—(1) If, on an application made to the Minister by the LTA, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to a designated operating entity, the Minister may make any one or more of the following orders:(a) a special administration order in relation to the designated operating entity; (b) an order requiring —(i) the designated operating entity; or (ii) in the case of a designated operating entity that is a business trust — the trustee-manager of the business trust, to immediately take any action or to do or not do any act or thing where the Minister considers that the action or the doing or not doing of the act or thing is necessary for the business, undertaking or activities of the designated operating entity of providing any essential transport service; (c) an order appointing a person (called in this Part an advisor) to advise —(i) the designated operating entity; or (ii) in the case of a designated operating entity that is a business trust — the trustee-manager of the business trust, in the proper conduct of the business, undertaking or activities of the designated operating entity mentioned in paragraph (b). (2) For the purposes of subsection (1), the grounds are the following:(a) the designated operating entity is or is likely to be unable to pay its debts; (b) the Minister considers it to be in the interest of the security and reliability of the provision of any essential transport service by the designated operating entity; (c) the Minister considers it to be in the public interest. (3) Notice of any order under subsection (1) must be given immediately by the Minister to such persons and in such manner as may be determined by the Minister. (4) The Minister may make a special administration order in relation to a designated operating entity despite the commencement of (as applicable) —(a) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the designated operating entity, being a corporation; (b) any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the designated operating entity, being a corporation; (c) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the designated operating entity, being a corporation; (d) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the designated operating entity, being a company or an unregistered company; (e) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of the designated operating entity, being a limited liability partnership; or (f) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of the designated operating entity, being an entity not mentioned in paragraph (d) or (e). (5) For the purposes of this section, a designated operating entity is unable to pay its debts if —(a) a creditor (by assignment or otherwise) to whom the entity is indebted in a sum exceeding the sum mentioned in section 125(2)(a) of the Insolvency, Restructuring and Dissolution Act 2018 then due has served on the entity, by leaving at the registered office of the entity, a written demand by the creditor or the creditor’s lawfully authorised agent requiring the entity to pay the sum so due, and the entity has for 3 weeks after the service of the demand neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor; (b) an enforcement order or other process issued to enforce a judgment, decree or order of any court in favour of a creditor of the entity is returned unsatisfied in whole or in part; or (c) it is proved to the satisfaction of the General Division of the High Court that the entity is unable to pay its debts. [Act 20 of 2024 wef 01/04/2025] —(1) If, on an application made to the Minister by the LTA, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to a designated operating entity, the Minister may make any one or more of the following orders:(a) a special administration order in relation to the designated operating entity; (b) an order requiring —(i) the designated operating entity; or (ii) in the case of a designated operating entity that is a business trust — the trustee-manager of the business trust, to immediately take any action or to do or not do any act or thing where the Minister considers that the action or the doing or not doing of the act or thing is necessary for the business, undertaking or activities of the designated operating entity of providing any essential transport service; (c) an order appointing a person (called in this Part an advisor) to advise —(i) the designated operating entity; or (ii) in the case of a designated operating entity that is a business trust — the trustee-manager of the business trust, in the proper conduct of the business, undertaking or activities of the designated operating entity mentioned in paragraph (b). (2) For the purposes of subsection (1), the grounds are the following:(a) the designated operating entity is or is likely to be unable to pay its debts; (b) the Minister considers it to be in the interest of the security and reliability of the provision of any essential transport service by the designated operating entity; (c) the Minister considers it to be in the public interest. (3) Notice of any order under subsection (1) must be given immediately by the Minister to such persons and in such manner as may be determined by the Minister. (4) The Minister may make a special administration order in relation to a designated operating entity despite the commencement of (as applicable) —(a) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the designated operating entity, being a corporation; (b) any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the designated operating entity, being a corporation; (c) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the designated operating entity, being a corporation; (d) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the designated operating entity, being a company or an unregistered company; (e) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of the designated operating entity, being a limited liability partnership; or (f) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of the designated operating entity, being an entity not mentioned in paragraph (d) or (e). (5) For the purposes of this section, a designated operating entity is unable to pay its debts if —(a) a creditor (by assignment or otherwise) to whom the entity is indebted in a sum exceeding the sum mentioned in section 125(2)(a) of the Insolvency, Restructuring and Dissolution Act 2018 then due has served on the entity, by leaving at the registered office of the entity, a written demand by the creditor or the creditor’s lawfully authorised agent requiring the entity to pay the sum so due, and the entity has for 3 weeks after the service of the demand neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor; (b) an enforcement order or other process issued to enforce a judgment, decree or order of any court in favour of a creditor of the entity is returned unsatisfied in whole or in part; or (c) it is proved to the satisfaction of the General Division of the High Court that the entity is unable to pay its debts.