s 91B Power to make special administration order, etc.
91B. —(1) If, on an application made to the Minister by the Commissioner, the Minister is satisfied in relation to any employer of an Auxiliary Police Force that any one or more of the grounds specified in subsection (2) are satisfied in relation to that employer, the Minister may make any one or both of the following orders: ( a ) a special administration order in relation to that employer; ( b ) an order appointing a person to advise the employer in the proper conduct of that part of its business or undertaking. (2) The grounds referred to in subsection (1) are — ( a ) the employer is or is likely to be unable to pay its debts; ( b ) the occurrence of a public emergency; ( c ) the Minister considers it in the interest of the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally; and ( d ) the Minister considers it in the public interest. (3) The Minister may make a special administration order in relation to an employer of an Auxiliary Police Force despite the commencement of (if 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 employer of the Auxiliary Police Force that is a company; ( b ) any proceedings relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to the employer of the Auxiliary Police Force that is a company; ( c ) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the employer of the Auxiliary Police Force that is a company; ( d ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the employer of the Auxiliary Police Force that is 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 employer of the Auxiliary Police Force that is 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 employer of the Auxiliary Police Force if it is an entity not mentioned in paragraph ( d ) or ( e ). [*Updated to be consistent with the 2020 Revised Edition] (4) Notice of any application under subsection (1) is to be given immediately by the Commissioner to such persons and in such manner as may be determined by the Commissioner. (5) Any order made by the Minister under subsection (1) must be published in such manner as will secure adequate publicity. (6) Any decision of the Minister under subsection (1) is final. (7) An employer of an Auxiliary Police Force issued with an order under subsection (1) must comply with that order. (8) For the purposes of this section — ( a ) an employer of an Auxiliary Police Force that is a company is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018; ( b ) an employer of an Auxiliary Police Force that is an unregistered company is unable to pay its debts if it is deemed to be unable to pay its debts under section 246(2) of the Insolvency, Restructuring and Dissolution Act 2018; and ( c ) an employer of an Auxiliary Police Force that is a limited liability partnership is unable to pay its debts if it is deemed to be unable to pay its debts under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act 2005 * . [Act 21 of 2021 wef 02/09/2022] [*Updated to be consistent with the 2020 Revised Edition] —(1) If, on an application made to the Minister by the Commissioner, the Minister is satisfied in relation to any employer of an Auxiliary Police Force that any one or more of the grounds specified in subsection (2) are satisfied in relation to that employer, the Minister may make any one or both of the following orders: ( a ) a special administration order in relation to that employer; ( b ) an order appointing a person to advise the employer in the proper conduct of that part of its business or undertaking. (2) The grounds referred to in subsection (1) are — ( a ) the employer is or is likely to be unable to pay its debts; ( b ) the occurrence of a public emergency; ( c ) the Minister considers it in the interest of the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally; and ( d ) the Minister considers it in the public interest. (3) The Minister may make a special administration order in relation to an employer of an Auxiliary Police Force despite the commencement of (if 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 employer of the Auxiliary Police Force that is a company; ( b ) any proceedings relating to the making of a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in relation to the employer of the Auxiliary Police Force that is a company; ( c ) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the employer of the Auxiliary Police Force that is a company; ( d ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the employer of the Auxiliary Police Force that is 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 employer of the Auxiliary Police Force that is 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 employer of the Auxiliary Police Force if it is an entity not mentioned in paragraph ( d ) or ( e ). [*Updated to be consistent with the 2020 Revised Edition] (4) Notice of any application under subsection (1) is to be given immediately by the Commissioner to such persons and in such manner as may be determined by the Commissioner. (5) Any order made by the Minister under subsection (1) must be published in such manner as will secure adequate publicity. (6) Any decision of the Minister under subsection (1) is final. (7) An employer of an Auxiliary Police Force issued with an order under subsection (1) must comply with that order. (8) For the purposes of this section — ( a ) an employer of an Auxiliary Police Force that is a company is unable to pay its debts if it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018; ( b ) an employer of an Auxiliary Police Force that is an unregistered company is unable to pay its debts if it is deemed to be unable to pay its debts under section 246(2) of the Insolvency, Restructuring and Dissolution Act 2018; and ( c ) an employer of an Auxiliary Police Force that is a limited liability partnership is unable to pay its debts if it is deemed to be unable to pay its debts under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act 2005 * . [Act 21 of 2021 wef 02/09/2022] [*Updated to be consistent with the 2020 Revised Edition]