s 89A Power to make special administration order and other orders
89A.—(1) If, on an application made to the Minister by the Authority, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to that relevant entity, the Minister may make any one or more of the following orders:(a) a special administration order in relation to the relevant entity; (b) an order requiring —(i) the relevant entity; or (ii) in the case of a relevant 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 that act or thing is necessary for — (iii) in the case of a relevant entity that is a designated licensee — the business, undertaking or activities of the entity of providing any licensed service; or (iv) in the case of a relevant entity that is a designated operating entity — the business, undertaking or activities of the entity of providing any essential transport service; (c) an order appointing a person (called in this Part an advisor) to advise —(i) the relevant entity; or (ii) in the case of a relevant 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 relevant entity mentioned in paragraph (b)(iii) or (iv), whichever is applicable. (2) For the purposes of subsection (1), the grounds specified are the following:(a) in the case of a relevant entity that is a designated licensee — there has been, is or is likely to be a contravention by the relevant entity of the conditions of its licence or this Act that is serious enough to make it inappropriate for the entity to continue to provide the service or facility under the licence; (b) the Minister considers it to be in the interest of the security and reliability of the carrying on of the business, undertaking or activities of the relevant entity relating to —(i) in the case of a relevant entity that is a designated licensee — the provision of any licensed service by the entity; or (ii) in the case of a relevant entity that is a designated operating entity — the provision of any essential transport service by the entity; (c) the relevant entity is or is likely to be unable to pay its debts; (d) the Minister considers it in the public interest. (3) No special administration order may be made under this Part in relation to a relevant entity that is a designated operating entity before its effective designation date. (4) Subsection (3) does not apply in relation to a relevant entity which, immediately before its designation as a designated operating entity under section 86D, is a designated licensee. (5) 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. (6) The Minister may make a special administration order in relation to a relevant 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 relevant 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 relevant entity, being a corporation; (c) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the relevant 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 relevant 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 relevant 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 relevant entity, being an entity not mentioned in paragraph (d) or (e). (7) For the purposes of this section, a relevant 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]