/akn/sg/act/bill/2021/29

Constitution of the Republic of Singapore (Amendment) Bill

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Clause 1clause_0

This Act is the Constitution of the Republic of Singapore (Amendment) Act 2021 and comes into operation on a date that the President appoints by notification in the Gazette.

Clause 2clause_1

Article 2(1) of the Constitution of the Republic of Singapore (called in this Act the Constitution) is amended by inserting, immediately after the definition of “high judicial office”, the following definition:“ “Judicial Service Commission” means the Judicial Service Commission constituted under this Constitution;”.

Clause 3clause_2

Article 22(1) of the Constitution is amended by deleting paragraph (fa) and substituting the following paragraphs:“(fa)a member of the Judicial Service Commission (other than the President and the Vice‑President of that Commission) and a member of a personnel board established under Article 111I;(fb)a member of the Legal Service Commission (other than the President and the Vice‑President of that Commission) and a member of a personnel board established under Article 111Q;”.

Clause 4clause_3

Article 96 of the Constitution is repealed and the following Article substituted therefor:“Qualifications of Supreme Court Judges96. A person is qualified for appointment as a Supreme Court Judge if the person has for an aggregate period of 10 or more years been one or more of the following:(a)a qualified person within the meaning of section 2 of the Legal Profession Act;(b)an officer in the Singapore Judicial Service;(c)an officer in the Singapore Legal Service.”.

Clause 5clause_4

The Constitution is amended by inserting, immediately above Article 102, the following Chapter heading: “Chapter 1 — General provisions”.

Clause 6clause_5

Article 102 of the Constitution is amended —(a)by inserting, immediately after paragraph (b) of clause (1), the following paragraph:“(ba)the Singapore Judicial Service;”; and(b)by deleting clause (2).

Clause 7clause_6

Article 103 of the Constitution is repealed and the following Article substituted therefor:“Interpretation of this Part103.—(1) Subject to clause (2), in this Part, unless the context otherwise requires —“appointed member” means —(a)in Chapter 3 — a member of the Judicial Service Commission appointed under Article 111B(2)(c); and(b)in Chapter 4 — a member of the Legal Service Commission appointed under Article 111J(2)(c);“award” means any pension, gratuity or other similar allowance;“Commission” means —(a)in Chapter 2 — the Public Service Commission;(b)in Chapter 3 — the Judicial Service Commission;(c)in Chapter 4 — the Legal Service Commission; and(d)in Chapter 5 — the Public Service Commission, the Judicial Service Commission or the Legal Service Commission;“public office” does not include the following offices, and “public officer” has a corresponding meaning:(a)any high judicial office;(b)the office of Attorney‑General or Deputy Attorney‑General;(c)the office of member of the Public Service Commission, the Judicial Service Commission or the Legal Service Commission;(d)the office of any police officer below the rank of Inspector;(e)any office the remuneration of the holder of which is calculated on a daily rate;“public service” does not include service otherwise than in a civil capacity.(2) The definitions of “public office”, “public officer” and “public service” in clause (1) do not apply for the purposes of Articles 112, 114 and 115.”.

Subclause 1clause_6.subclause_1

Subject to clause (2), in this Part, unless the context otherwise requires —

Definitionclause_6.definition_2

“appointed member” means —(a)in Chapter 3 — a member of the Judicial Service Commission appointed under Article 111B(2)(c); and(b)in Chapter 4 — a member of the Legal Service Commission appointed under Article 111J(2)(c);

Definitionclause_6.definition_3

“award” means any pension, gratuity or other similar allowance;

Definitionclause_6.definition_4

“Commission” means —(a)in Chapter 2 — the Public Service Commission;(b)in Chapter 3 — the Judicial Service Commission;(c)in Chapter 4 — the Legal Service Commission; and(d)in Chapter 5 — the Public Service Commission, the Judicial Service Commission or the Legal Service Commission;

Definitionclause_6.definition_5

“public office” does not include the following offices, and “public officer” has a corresponding meaning:(a)any high judicial office;(b)the office of Attorney‑General or Deputy Attorney‑General;(c)the office of member of the Public Service Commission, the Judicial Service Commission or the Legal Service Commission;(d)the office of any police officer below the rank of Inspector;(e)any office the remuneration of the holder of which is calculated on a daily rate;

Definitionclause_6.definition_6

“public service” does not include service otherwise than in a civil capacity.

Subclause 2clause_6.subclause_0

The definitions of “public office”, “public officer” and “public service” in clause (1) do not apply for the purposes of Articles 112, 114 and 115.”.

Clause 8clause_7

Article 104 of the Constitution is amended —(a)by renumbering the Article as clause (1) of that Article, and by inserting immediately thereafter the following clauses:“(2) Except as otherwise expressly provided by this Constitution, the qualifications for appointments and conditions of service of persons in the public services may be regulated by law and, subject to the provisions of any such law, by the President.(3) The promotion of public officers is to be based on official qualifications, experience and merit.(4) A public officer must not be dismissed or reduced in rank under this Part without being given a reasonable opportunity to be heard.(5) Subject to Article 110D, an officer in any of the services mentioned in Article 102(1)(b), (ba), (c) and (d) must not be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint an officer of that service of equal rank.”; and(b)by deleting the Article heading and substituting the following Article heading:“Provisions about public service”.

Subclauseclause_7.subclause_0

“(2) Except as otherwise expressly provided by this Constitution, the qualifications for appointments and conditions of service of persons in the public services may be regulated by law and, subject to the provisions of any such law, by the President.

Subclause 3clause_7.subclause_1

The promotion of public officers is to be based on official qualifications, experience and merit.

Subclause 4clause_7.subclause_2

A public officer must not be dismissed or reduced in rank under this Part without being given a reasonable opportunity to be heard.

Subclause 5clause_7.subclause_3

Subject to Article 110D, an officer in any of the services mentioned in Article 102(1)(b), (ba), (c) and (d) must not be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint an officer of that service of equal rank.”; and

Clause 9clause_8

The Constitution is amended by inserting, immediately above Article 105, the following Chapter heading:“Chapter 2 — The Public Service Commission”.

Clause 10clause_9

Article 108(2) of the Constitution is amended by deleting the words “prescribed by the President” in paragraph (b) and substituting the words “determined by the President”.

Clause 11clause_10

Article 110 of the Constitution is amended —(a)by inserting, immediately after the words “public officers” in clause (1), the words “(but not officers in the Singapore Judicial Service or the Singapore Legal Service)”;(b)by deleting clauses (2), (3) and (4); and(c)by deleting the Article heading and substituting the following Article heading:“Functions”.

Clause 12clause_11

Article 110D of the Constitution is amended —(a)by deleting the words “Article 110(1) and (4)” in clause (3)(a) and substituting the words “Articles 104(5) and 110(1)”; and(b)by deleting the words “these Commissions” in clause (8) and substituting the words “the Commission”.

Clause 13clause_12

Articles 111 and 111AA of the Constitution are repealed.

Clause 14clause_13

The Constitution is amended by inserting, immediately after Article 111A, the following Chapters:“Chapter 3 — The Judicial Service CommissionJudicial Service Commission111B.—(1) A Judicial Service Commission is established.(2) The Commission consists of —(a)the Chief Justice (as President);(b)the Chairman of the Public Service Commission (as Vice‑President); and(c)the following other members:(i)up to 2 members appointed by the President on the advice of the Chief Justice;(ii)up to 2 members appointed by the President on the advice of the Chairman of the Public Service Commission;(iii)up to 2 members appointed by the President on the advice of the Prime Minister.(3) For the purposes of clause (2)(c) —(a)the President may, acting in the President’s discretion, refuse to make an appointment if the President does not concur with the advice tendered; and(b)the President must not appoint 2 members under clause (2)(c)(i), (ii) or (iii) unless at least one of them has for an aggregate period of 10 or more years been one or more of the following:(i)a qualified person within the meaning of section 2(1) of the Legal Profession Act;(ii)an officer in the Singapore Judicial Service;(iii)an officer in the Singapore Legal Service.(4) Before assuming the duties of his or her office, an appointed member must take and subscribe before a Supreme Court Judge the appropriate Oath for the due execution of his or her office in the form set out in the First Schedule.Disqualification for appointment to Commission111C. A person must not be appointed as a member under Article 111B(2)(c) if the person is, and ceases to be an appointed member if the person becomes —(a)a public officer;(b)an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the Companies Act or any corresponding previous written law;(c)a Member of Parliament or a duly nominated candidate for election as such Member;(d)a member of any trade union or of any body or association affiliated to a trade union; or(e)the holder of any office in any political association.Tenure of office of appointed members111D.—(1) Subject to this Article and Article 111C, an appointed member —(a)is to hold office for the period (which must not be shorter than 3 years or longer than 5 years) specified by the President in appointing the appointed member; and(b)is eligible for reappointment.(2) An appointed member may at any time resign his or her office by writing under his or her hand addressed to the President.(3) If the Prime Minister, or the President of the Commission after consulting the Prime Minister, represents to the President that an appointed member ought to be removed from office for —(a)inability to discharge the functions of the appointed member’s office; or(b)misbehaviour,the President must —(c)refer that representation to a tribunal consisting of 2 Supreme Court Judges nominated for that purpose by the Chief Justice, if the President, acting in the President’s discretion, concurs with that representation; and(d)remove the appointed member from office by writing under the President’s hand if the tribunal so recommends.Terms of service of appointed members, etc.111E.—(1) An appointed member is to be paid allowances as may, from time to time, be determined, and those allowances are charged on the Consolidated Fund.(2) Subject to the provisions of this Constitution, the terms of service of an appointed member are —(a)to be prescribed in regulations made by the President and published in the Gazette; or(b)to be determined by the President insofar as they are not determined by or under any such law.(3) The terms of service of an appointed member must not be altered to his or her disadvantage during his or her continuance in office.(4) For the purposes of clause (3), insofar as the terms of service of an appointed member depend upon his or her option, any terms that he or she opts for is taken to be more advantageous to him or her than any for which he or she might have opted.Functions111F.—(1) Subject to clause (2), the Commission —(a)has jurisdiction over all officers in the Singapore Judicial Service; and(b)has the following functions and powers in relation to those officers:(i)appointment;(ii)confirmation;(iii)emplacement on the permanent establishment;(iv)promotion;(v)transfer;(vi)disciplinary control;(vii)dismissal.(2) The Commission and the Legal Service Commission may jointly make regulations to —(a)prescribe one or more posts; and(b)provide, in relation to officers in the Singapore Judicial Service holding a prescribed post, that all or any aspect of the Commission’s functions and powers in relation to those officers are to be exercised by the Legal Service Commission instead of the Commission.Procedure111G. Subject to the provisions of this Constitution, the Commission may regulate its own procedure and make rules for that purpose.Secretary to Commission111H.—(1) There is to be a Secretary to the Commission, who —(a)must be a person who is a public officer; and(b)is to be appointed by the President in accordance with the advice of the Commission.(2) Subject to any instructions by the President of the Commission, the Secretary to the Commission is responsible for —(a)arranging the business for, and keeping the minutes of, the meetings of the Commission; and(b)conveying the decisions of the Commission to the appropriate person or authority.(3) The President of the Commission may, from time to time, direct the Secretary to the Commission to perform any other function.Personnel boards111I.—(1) Subject to the provisions of this Article, the Commission may make regulations to —(a)establish one or more personnel boards (including specifying the procedure to be followed by a personnel board); and(b)delegate all or any of its functions and powers to a personnel board, whether with or without conditions,and a personnel board so established may exercise the delegated functions and powers under the direction and control of the Commission.(2) The Commission must not delegate —(a)any of its functions or powers relating to disciplinary control or dismissal;(b)any of its functions or powers relating to officers in the Singapore Judicial Service of or above the threshold grade (including the power to appoint or promote an officer to that grade); and(c)any function or power in relation to officers in the Singapore Legal Service holding a post prescribed by regulations made under Article 111N(2), if that function or power could not have been delegated by the Legal Service Commission under Article 111Q.(3) For the purposes of clause (2)(b) —(a)the President may, on the advice of the Prime Minister and by notification in the Gazette, designate a threshold grade in the Singapore Judicial Service; and(b)the Prime Minister must consult the President of the Commission before advising the President under paragraph (a).(4) A personnel board must consist of at least 3 members.(5) A member of a personnel board is to be appointed by the President if the President, acting in the President’s discretion, concurs with the advice of the Commission.(6) Only the following persons may be appointed as members of a personnel board:(a)a member of the Commission;(b)a Supreme Court Judge, a Judicial Commissioner or a Senior Judge; (c)an officer in the Singapore Judicial Service. Chapter 4 — The Legal Service CommissionLegal Service Commission111J.—(1) A Legal Service Commission is established.(2) The Commission consists of —(a)the Attorney‑General (as President);(b)the Chairman of the Public Service Commission (as Vice‑President); and(c)the following other members:(i)up to 2 members appointed by the President on the advice of the Attorney‑General;(ii)up to 2 members appointed by the President on the advice of the Chairman of the Public Service Commission;(iii)up to 2 members appointed by the President on the advice of the Prime Minister.(3) For the purposes of clause (2)(c) —(a)the President may, acting in the President’s discretion, refuse to make an appointment if the President does not concur with the advice tendered; and(b)the President must not appoint 2 members under clause (2)(c)(i), (ii) or (iii) unless at least one of them has for an aggregate period of 10 or more years been one or more of the following:(i)a qualified person within the meaning of section 2(1) of the Legal Profession Act;(ii)an officer in the Singapore Judicial Service;(iii)an officer in the Singapore Legal Service.(4) Before assuming the duties of his or her office, an appointed member must take and subscribe before a Supreme Court Judge the appropriate Oath for the due execution of his or her office in the form set out in the First Schedule.Disqualification for appointment to Commission111K. A person must not be appointed as a member under Article 111J(2)(c) if the person is, and ceases to be an appointed member if the person becomes —(a)a public officer;(b)an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the Companies Act or any corresponding previous written law;(c)a Member of Parliament or a duly nominated candidate for election as such Member;(d)a member of any trade union or of any body or association affiliated to a trade union; or(e)the holder of any office in any political association.Tenure of office of appointed members111L.—(1) Subject to this Article and Article 111K, an appointed member —(a)is to hold office for the period (which must not be shorter than 3 years or longer than 5 years) specified by the President in appointing the appointed member; and(b)is eligible for reappointment.(2) An appointed member may at any time resign his or her office by writing under his or her hand addressed to the President.(3) If the Prime Minister, or the President of the Commission after consulting the Prime Minister, represents to the President that an appointed member ought to be removed from office for —(a)inability to discharge the functions of the appointed member’s office; or(b)misbehaviour,the President must —(c)refer that representation to a tribunal consisting of 2 Supreme Court Judges nominated for that purpose by the Chief Justice, if the President, acting in the President’s discretion, concurs with that representation; and(d)remove the appointed member from office by writing under the President’s hand if the tribunal so recommends.Terms of service of appointed members, etc.111M.—(1) An appointed member is to be paid allowances as may, from time to time, be determined, and those allowances are charged on the Consolidated Fund.(2) Subject to the provisions of this Constitution, the terms of service of an appointed member are —(a)to be prescribed in regulations made by the President and published in the Gazette; or(b)to be determined by the President insofar as they are not determined by or under any such law.(3) The terms of service of an appointed member must not be altered to his or her disadvantage during his or her continuance in office.(4) For the purposes of clause (3), insofar as the terms of service of an appointed member depend upon his or her option, any terms that he or she opts for is taken to be more advantageous to him or her than any for which he or she might have opted.Functions111N.—(1) Subject to clause (2), the Commission —(a)has jurisdiction over all officers in the Singapore Legal Service; and(b)has the following functions and powers in relation to those officers:(i)appointment;(ii)confirmation;(iii)emplacement on the permanent establishment;(iv)promotion;(v)transfer;(vi)disciplinary control;(vii)dismissal.(2) The Commission and the Judicial Service Commission may jointly make regulations to —(a)prescribe one or more posts; and(b)provide, in relation to officers in the Singapore Legal Service holding a prescribed post, that all or any aspect of the Commission’s functions and powers in relation to those officers are to be exercised by the Judicial Service Commission instead of the Commission.Procedure111O. Subject to the provisions of this Constitution, the Commission may regulate its own procedure and make rules for that purpose.Secretary to Commission111P.—(1) There is to be a Secretary to the Commission, who —(a)must be a person who is a public officer; and(b)is to be appointed by the President in accordance with the advice of the Commission.(2) Subject to any instructions by the President of the Commission, the Secretary to the Commission is responsible for —(a)arranging the business for, and keeping the minutes of, the meetings of the Commission; and(b)conveying the decisions of the Commission to the appropriate person or authority.(3) The President of the Commission may, from time to time, direct the Secretary to the Commission to perform any other function.Personnel boards111Q.—(1) Subject to the provisions of this Article, the Commission may make regulations to —(a)establish one or more personnel boards (including specifying the procedure to be followed by a personnel board); and(b)delegate all or any of its functions and powers to a personnel board, whether with or without conditions,and a personnel board so established may exercise the delegated functions and powers under the direction and control of the Commission.(2) The Commission must not delegate —(a)any of its functions or powers relating to disciplinary control or dismissal;(b)any of its functions or powers relating to officers in the Singapore Legal Service of or above the threshold grade (including the power to appoint or promote an officer to that grade); and(c)any function or power in relation to officers in the Singapore Judicial Service holding a post prescribed by regulations made under Article 111F(2), if that function or power could not have been delegated by the Judicial Service Commission under Article 111I.(3) For the purposes of clause (2)(b) —(a)the President may, on the advice of the Prime Minister and by notification in the Gazette, designate a threshold grade in the Singapore Legal Service; and(b)the Prime Minister must consult the President of the Commission before advising the President under paragraph (a).(4) A personnel board must consist of at least 3 members.(5) A member of a personnel board is to be appointed by the President if the President, acting in the President’s discretion, concurs with the advice of the Commission.(6) Only the following persons may be appointed as members of a personnel board:(a)a member of the Commission;(b)a Deputy Attorney‑General;(c)an officer in the Singapore Legal Service.”.

Subclause 2clause_13.subclause_0

The Commission consists of —(a)the Chief Justice (as President);(b)the Chairman of the Public Service Commission (as Vice‑President); and(c)the following other members:(i)up to 2 members appointed by the President on the advice of the Chief Justice;(ii)up to 2 members appointed by the President on the advice of the Chairman of the Public Service Commission;(iii)up to 2 members appointed by the President on the advice of the Prime Minister.

Subclause 3clause_13.subclause_1

For the purposes of clause (2)(c) —(a)the President may, acting in the President’s discretion, refuse to make an appointment if the President does not concur with the advice tendered; and(b)the President must not appoint 2 members under clause (2)(c)(i), (ii) or (iii) unless at least one of them has for an aggregate period of 10 or more years been one or more of the following:(i)a qualified person within the meaning of section 2(1) of the Legal Profession Act;(ii)an officer in the Singapore Judicial Service;(iii)an officer in the Singapore Legal Service.

Subclause 4clause_13.subclause_2

Before assuming the duties of his or her office, an appointed member must take and subscribe before a Supreme Court Judge the appropriate Oath for the due execution of his or her office in the form set out in the First Schedule.

Subclause 2clause_13.subclause_3

An appointed member may at any time resign his or her office by writing under his or her hand addressed to the President.

Subclause 3clause_13.subclause_4

If the Prime Minister, or the President of the Commission after consulting the Prime Minister, represents to the President that an appointed member ought to be removed from office for —(a)inability to discharge the functions of the appointed member’s office; or(b)misbehaviour,the President must —(c)refer that representation to a tribunal consisting of 2 Supreme Court Judges nominated for that purpose by the Chief Justice, if the President, acting in the President’s discretion, concurs with that representation; and(d)remove the appointed member from office by writing under the President’s hand if the tribunal so recommends.

Subclause 2clause_13.subclause_5

Subject to the provisions of this Constitution, the terms of service of an appointed member are —(a)to be prescribed in regulations made by the President and published in the Gazette; or(b)to be determined by the President insofar as they are not determined by or under any such law.

Subclause 3clause_13.subclause_6

The terms of service of an appointed member must not be altered to his or her disadvantage during his or her continuance in office.

Subclause 4clause_13.subclause_7

For the purposes of clause (3), insofar as the terms of service of an appointed member depend upon his or her option, any terms that he or she opts for is taken to be more advantageous to him or her than any for which he or she might have opted.

Subclause 2clause_13.subclause_8

The Commission and the Legal Service Commission may jointly make regulations to —(a)prescribe one or more posts; and(b)provide, in relation to officers in the Singapore Judicial Service holding a prescribed post, that all or any aspect of the Commission’s functions and powers in relation to those officers are to be exercised by the Legal Service Commission instead of the Commission.

Subclause 2clause_13.subclause_9

Subject to any instructions by the President of the Commission, the Secretary to the Commission is responsible for —(a)arranging the business for, and keeping the minutes of, the meetings of the Commission; and(b)conveying the decisions of the Commission to the appropriate person or authority.

Subclause 3clause_13.subclause_10

The President of the Commission may, from time to time, direct the Secretary to the Commission to perform any other function.

Subclause 2clause_13.subclause_11

The Commission must not delegate —(a)any of its functions or powers relating to disciplinary control or dismissal;(b)any of its functions or powers relating to officers in the Singapore Judicial Service of or above the threshold grade (including the power to appoint or promote an officer to that grade); and(c)any function or power in relation to officers in the Singapore Legal Service holding a post prescribed by regulations made under Article 111N(2), if that function or power could not have been delegated by the Legal Service Commission under Article 111Q.

Subclause 3clause_13.subclause_12

For the purposes of clause (2)(b) —(a)the President may, on the advice of the Prime Minister and by notification in the Gazette, designate a threshold grade in the Singapore Judicial Service; and(b)the Prime Minister must consult the President of the Commission before advising the President under paragraph (a).

Subclause 4clause_13.subclause_13

A personnel board must consist of at least 3 members.

Subclause 5clause_13.subclause_14

A member of a personnel board is to be appointed by the President if the President, acting in the President’s discretion, concurs with the advice of the Commission.

Subclause 6clause_13.subclause_15

Only the following persons may be appointed as members of a personnel board:(a)a member of the Commission;(b)a Supreme Court Judge, a Judicial Commissioner or a Senior Judge; (c)an officer in the Singapore Judicial Service.

Subclause 2clause_13.subclause_16

The Commission consists of —(a)the Attorney‑General (as President);(b)the Chairman of the Public Service Commission (as Vice‑President); and(c)the following other members:(i)up to 2 members appointed by the President on the advice of the Attorney‑General;(ii)up to 2 members appointed by the President on the advice of the Chairman of the Public Service Commission;(iii)up to 2 members appointed by the President on the advice of the Prime Minister.

Subclause 3clause_13.subclause_17

For the purposes of clause (2)(c) —(a)the President may, acting in the President’s discretion, refuse to make an appointment if the President does not concur with the advice tendered; and(b)the President must not appoint 2 members under clause (2)(c)(i), (ii) or (iii) unless at least one of them has for an aggregate period of 10 or more years been one or more of the following:(i)a qualified person within the meaning of section 2(1) of the Legal Profession Act;(ii)an officer in the Singapore Judicial Service;(iii)an officer in the Singapore Legal Service.

Subclause 4clause_13.subclause_18

Before assuming the duties of his or her office, an appointed member must take and subscribe before a Supreme Court Judge the appropriate Oath for the due execution of his or her office in the form set out in the First Schedule.

Subclause 2clause_13.subclause_19

An appointed member may at any time resign his or her office by writing under his or her hand addressed to the President.

Subclause 3clause_13.subclause_20

If the Prime Minister, or the President of the Commission after consulting the Prime Minister, represents to the President that an appointed member ought to be removed from office for —(a)inability to discharge the functions of the appointed member’s office; or(b)misbehaviour,the President must —(c)refer that representation to a tribunal consisting of 2 Supreme Court Judges nominated for that purpose by the Chief Justice, if the President, acting in the President’s discretion, concurs with that representation; and(d)remove the appointed member from office by writing under the President’s hand if the tribunal so recommends.

Subclause 2clause_13.subclause_21

Subject to the provisions of this Constitution, the terms of service of an appointed member are —(a)to be prescribed in regulations made by the President and published in the Gazette; or(b)to be determined by the President insofar as they are not determined by or under any such law.

Subclause 3clause_13.subclause_22

The terms of service of an appointed member must not be altered to his or her disadvantage during his or her continuance in office.

Subclause 4clause_13.subclause_23

For the purposes of clause (3), insofar as the terms of service of an appointed member depend upon his or her option, any terms that he or she opts for is taken to be more advantageous to him or her than any for which he or she might have opted.

Subclause 2clause_13.subclause_24

The Commission and the Judicial Service Commission may jointly make regulations to —(a)prescribe one or more posts; and(b)provide, in relation to officers in the Singapore Legal Service holding a prescribed post, that all or any aspect of the Commission’s functions and powers in relation to those officers are to be exercised by the Judicial Service Commission instead of the Commission.

Subclause 2clause_13.subclause_25

Subject to any instructions by the President of the Commission, the Secretary to the Commission is responsible for —(a)arranging the business for, and keeping the minutes of, the meetings of the Commission; and(b)conveying the decisions of the Commission to the appropriate person or authority.

Subclause 3clause_13.subclause_26

The President of the Commission may, from time to time, direct the Secretary to the Commission to perform any other function.

Subclause 2clause_13.subclause_27

The Commission must not delegate —(a)any of its functions or powers relating to disciplinary control or dismissal;(b)any of its functions or powers relating to officers in the Singapore Legal Service of or above the threshold grade (including the power to appoint or promote an officer to that grade); and(c)any function or power in relation to officers in the Singapore Judicial Service holding a post prescribed by regulations made under Article 111F(2), if that function or power could not have been delegated by the Judicial Service Commission under Article 111I.

Subclause 3clause_13.subclause_28

For the purposes of clause (2)(b) —(a)the President may, on the advice of the Prime Minister and by notification in the Gazette, designate a threshold grade in the Singapore Legal Service; and(b)the Prime Minister must consult the President of the Commission before advising the President under paragraph (a).

Subclause 4clause_13.subclause_29

A personnel board must consist of at least 3 members.

Subclause 5clause_13.subclause_30

A member of a personnel board is to be appointed by the President if the President, acting in the President’s discretion, concurs with the advice of the Commission.

Subclause 6clause_13.subclause_31

Only the following persons may be appointed as members of a personnel board:(a)a member of the Commission;(b)a Deputy Attorney‑General;(c)an officer in the Singapore Legal Service.”.

Subclause 1clause_13.subclause_32

A Judicial Service Commission is established.

Subclause 1clause_13.subclause_33

Subject to this Article and Article 111C, an appointed member —(a)is to hold office for the period (which must not be shorter than 3 years or longer than 5 years) specified by the President in appointing the appointed member; and(b)is eligible for reappointment.

Subclause 1clause_13.subclause_34

An appointed member is to be paid allowances as may, from time to time, be determined, and those allowances are charged on the Consolidated Fund.

Subclause 1clause_13.subclause_35

Subject to clause (2), the Commission —(a)has jurisdiction over all officers in the Singapore Judicial Service; and(b)has the following functions and powers in relation to those officers:(i)appointment;(ii)confirmation;(iii)emplacement on the permanent establishment;(iv)promotion;(v)transfer;(vi)disciplinary control;(vii)dismissal.

Subclause 1clause_13.subclause_36

There is to be a Secretary to the Commission, who —(a)must be a person who is a public officer; and(b)is to be appointed by the President in accordance with the advice of the Commission.

Subclause 1clause_13.subclause_37

Subject to the provisions of this Article, the Commission may make regulations to —(a)establish one or more personnel boards (including specifying the procedure to be followed by a personnel board); and(b)delegate all or any of its functions and powers to a personnel board, whether with or without conditions,and a personnel board so established may exercise the delegated functions and powers under the direction and control of the Commission.

Subclause 1clause_13.subclause_38

A Legal Service Commission is established.

Subclause 1clause_13.subclause_39

Subject to this Article and Article 111K, an appointed member —(a)is to hold office for the period (which must not be shorter than 3 years or longer than 5 years) specified by the President in appointing the appointed member; and(b)is eligible for reappointment.

Subclause 1clause_13.subclause_40

An appointed member is to be paid allowances as may, from time to time, be determined, and those allowances are charged on the Consolidated Fund.

Subclause 1clause_13.subclause_41

Subject to clause (2), the Commission —(a)has jurisdiction over all officers in the Singapore Legal Service; and(b)has the following functions and powers in relation to those officers:(i)appointment;(ii)confirmation;(iii)emplacement on the permanent establishment;(iv)promotion;(v)transfer;(vi)disciplinary control;(vii)dismissal.

Subclause 1clause_13.subclause_42

There is to be a Secretary to the Commission, who —(a)must be a person who is a public officer; and(b)is to be appointed by the President in accordance with the advice of the Commission.

Subclause 1clause_13.subclause_43

Subject to the provisions of this Article, the Commission may make regulations to —(a)establish one or more personnel boards (including specifying the procedure to be followed by a personnel board); and(b)delegate all or any of its functions and powers to a personnel board, whether with or without conditions,and a personnel board so established may exercise the delegated functions and powers under the direction and control of the Commission.

Clause 111Bclause_14

—(1) A Judicial Service Commission is established.(2) The Commission consists of —(a)the Chief Justice (as President);(b)the Chairman of the Public Service Commission (as Vice‑President); and(c)the following other members:(i)up to 2 members appointed by the President on the advice of the Chief Justice;(ii)up to 2 members appointed by the President on the advice of the Chairman of the Public Service Commission;(iii)up to 2 members appointed by the President on the advice of the Prime Minister.(3) For the purposes of clause (2)(c) —(a)the President may, acting in the President’s discretion, refuse to make an appointment if the President does not concur with the advice tendered; and(b)the President must not appoint 2 members under clause (2)(c)(i), (ii) or (iii) unless at least one of them has for an aggregate period of 10 or more years been one or more of the following:(i)a qualified person within the meaning of section 2(1) of the Legal Profession Act;(ii)an officer in the Singapore Judicial Service;(iii)an officer in the Singapore Legal Service.(4) Before assuming the duties of his or her office, an appointed member must take and subscribe before a Supreme Court Judge the appropriate Oath for the due execution of his or her office in the form set out in the First Schedule.

Subclause 1clause_14.subclause_3

A Judicial Service Commission is established.

Subclause 2clause_14.subclause_0

The Commission consists of —(a)the Chief Justice (as President);(b)the Chairman of the Public Service Commission (as Vice‑President); and(c)the following other members:(i)up to 2 members appointed by the President on the advice of the Chief Justice;(ii)up to 2 members appointed by the President on the advice of the Chairman of the Public Service Commission;(iii)up to 2 members appointed by the President on the advice of the Prime Minister.

Subclause 3clause_14.subclause_1

For the purposes of clause (2)(c) —(a)the President may, acting in the President’s discretion, refuse to make an appointment if the President does not concur with the advice tendered; and(b)the President must not appoint 2 members under clause (2)(c)(i), (ii) or (iii) unless at least one of them has for an aggregate period of 10 or more years been one or more of the following:(i)a qualified person within the meaning of section 2(1) of the Legal Profession Act;(ii)an officer in the Singapore Judicial Service;(iii)an officer in the Singapore Legal Service.

Subclause 4clause_14.subclause_2

Before assuming the duties of his or her office, an appointed member must take and subscribe before a Supreme Court Judge the appropriate Oath for the due execution of his or her office in the form set out in the First Schedule.

Clause 111Cclause_15

A person must not be appointed as a member under Article 111B(2)(c) if the person is, and ceases to be an appointed member if the person becomes —(a)a public officer;(b)an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the Companies Act or any corresponding previous written law;(c)a Member of Parliament or a duly nominated candidate for election as such Member;(d)a member of any trade union or of any body or association affiliated to a trade union; or(e)the holder of any office in any political association.

Clause 111Dclause_16

—(1) Subject to this Article and Article 111C, an appointed member —(a)is to hold office for the period (which must not be shorter than 3 years or longer than 5 years) specified by the President in appointing the appointed member; and(b)is eligible for reappointment.(2) An appointed member may at any time resign his or her office by writing under his or her hand addressed to the President.(3) If the Prime Minister, or the President of the Commission after consulting the Prime Minister, represents to the President that an appointed member ought to be removed from office for —(a)inability to discharge the functions of the appointed member’s office; or(b)misbehaviour,the President must —(c)refer that representation to a tribunal consisting of 2 Supreme Court Judges nominated for that purpose by the Chief Justice, if the President, acting in the President’s discretion, concurs with that representation; and(d)remove the appointed member from office by writing under the President’s hand if the tribunal so recommends.

Subclause 1clause_16.subclause_2

Subject to this Article and Article 111C, an appointed member —(a)is to hold office for the period (which must not be shorter than 3 years or longer than 5 years) specified by the President in appointing the appointed member; and(b)is eligible for reappointment.

Subclause 2clause_16.subclause_0

An appointed member may at any time resign his or her office by writing under his or her hand addressed to the President.

Subclause 3clause_16.subclause_1

If the Prime Minister, or the President of the Commission after consulting the Prime Minister, represents to the President that an appointed member ought to be removed from office for —(a)inability to discharge the functions of the appointed member’s office; or(b)misbehaviour,the President must —(c)refer that representation to a tribunal consisting of 2 Supreme Court Judges nominated for that purpose by the Chief Justice, if the President, acting in the President’s discretion, concurs with that representation; and(d)remove the appointed member from office by writing under the President’s hand if the tribunal so recommends.

Clause 111Eclause_17

—(1) An appointed member is to be paid allowances as may, from time to time, be determined, and those allowances are charged on the Consolidated Fund.(2) Subject to the provisions of this Constitution, the terms of service of an appointed member are —(a)to be prescribed in regulations made by the President and published in the Gazette; or(b)to be determined by the President insofar as they are not determined by or under any such law.(3) The terms of service of an appointed member must not be altered to his or her disadvantage during his or her continuance in office.(4) For the purposes of clause (3), insofar as the terms of service of an appointed member depend upon his or her option, any terms that he or she opts for is taken to be more advantageous to him or her than any for which he or she might have opted.

Subclause 1clause_17.subclause_3

An appointed member is to be paid allowances as may, from time to time, be determined, and those allowances are charged on the Consolidated Fund.

Subclause 2clause_17.subclause_0

Subject to the provisions of this Constitution, the terms of service of an appointed member are —(a)to be prescribed in regulations made by the President and published in the Gazette; or(b)to be determined by the President insofar as they are not determined by or under any such law.

Subclause 3clause_17.subclause_1

The terms of service of an appointed member must not be altered to his or her disadvantage during his or her continuance in office.

Subclause 4clause_17.subclause_2

For the purposes of clause (3), insofar as the terms of service of an appointed member depend upon his or her option, any terms that he or she opts for is taken to be more advantageous to him or her than any for which he or she might have opted.

Clause 111Fclause_18

—(1) Subject to clause (2), the Commission —(a)has jurisdiction over all officers in the Singapore Judicial Service; and(b)has the following functions and powers in relation to those officers:(i)appointment;(ii)confirmation;(iii)emplacement on the permanent establishment;(iv)promotion;(v)transfer;(vi)disciplinary control;(vii)dismissal.(2) The Commission and the Legal Service Commission may jointly make regulations to —(a)prescribe one or more posts; and(b)provide, in relation to officers in the Singapore Judicial Service holding a prescribed post, that all or any aspect of the Commission’s functions and powers in relation to those officers are to be exercised by the Legal Service Commission instead of the Commission.

Subclause 1clause_18.subclause_1

Subject to clause (2), the Commission —(a)has jurisdiction over all officers in the Singapore Judicial Service; and(b)has the following functions and powers in relation to those officers:(i)appointment;(ii)confirmation;(iii)emplacement on the permanent establishment;(iv)promotion;(v)transfer;(vi)disciplinary control;(vii)dismissal.

Subclause 2clause_18.subclause_0

The Commission and the Legal Service Commission may jointly make regulations to —(a)prescribe one or more posts; and(b)provide, in relation to officers in the Singapore Judicial Service holding a prescribed post, that all or any aspect of the Commission’s functions and powers in relation to those officers are to be exercised by the Legal Service Commission instead of the Commission.

Clause 111Gclause_19

Subject to the provisions of this Constitution, the Commission may regulate its own procedure and make rules for that purpose.

Clause 111Hclause_20

—(1) There is to be a Secretary to the Commission, who —(a)must be a person who is a public officer; and(b)is to be appointed by the President in accordance with the advice of the Commission.(2) Subject to any instructions by the President of the Commission, the Secretary to the Commission is responsible for —(a)arranging the business for, and keeping the minutes of, the meetings of the Commission; and(b)conveying the decisions of the Commission to the appropriate person or authority.(3) The President of the Commission may, from time to time, direct the Secretary to the Commission to perform any other function.

Subclause 1clause_20.subclause_2

There is to be a Secretary to the Commission, who —(a)must be a person who is a public officer; and(b)is to be appointed by the President in accordance with the advice of the Commission.

Subclause 2clause_20.subclause_0

Subject to any instructions by the President of the Commission, the Secretary to the Commission is responsible for —(a)arranging the business for, and keeping the minutes of, the meetings of the Commission; and(b)conveying the decisions of the Commission to the appropriate person or authority.

Subclause 3clause_20.subclause_1

The President of the Commission may, from time to time, direct the Secretary to the Commission to perform any other function.

Clause 111Iclause_21

—(1) Subject to the provisions of this Article, the Commission may make regulations to —(a)establish one or more personnel boards (including specifying the procedure to be followed by a personnel board); and(b)delegate all or any of its functions and powers to a personnel board, whether with or without conditions,and a personnel board so established may exercise the delegated functions and powers under the direction and control of the Commission.(2) The Commission must not delegate —(a)any of its functions or powers relating to disciplinary control or dismissal;(b)any of its functions or powers relating to officers in the Singapore Judicial Service of or above the threshold grade (including the power to appoint or promote an officer to that grade); and(c)any function or power in relation to officers in the Singapore Legal Service holding a post prescribed by regulations made under Article 111N(2), if that function or power could not have been delegated by the Legal Service Commission under Article 111Q.(3) For the purposes of clause (2)(b) —(a)the President may, on the advice of the Prime Minister and by notification in the Gazette, designate a threshold grade in the Singapore Judicial Service; and(b)the Prime Minister must consult the President of the Commission before advising the President under paragraph (a).(4) A personnel board must consist of at least 3 members.(5) A member of a personnel board is to be appointed by the President if the President, acting in the President’s discretion, concurs with the advice of the Commission.(6) Only the following persons may be appointed as members of a personnel board:(a)a member of the Commission;(b)a Supreme Court Judge, a Judicial Commissioner or a Senior Judge; (c)an officer in the Singapore Judicial Service.

Subclause 1clause_21.subclause_5

Subject to the provisions of this Article, the Commission may make regulations to —(a)establish one or more personnel boards (including specifying the procedure to be followed by a personnel board); and(b)delegate all or any of its functions and powers to a personnel board, whether with or without conditions,and a personnel board so established may exercise the delegated functions and powers under the direction and control of the Commission.

Subclause 2clause_21.subclause_0

The Commission must not delegate —(a)any of its functions or powers relating to disciplinary control or dismissal;(b)any of its functions or powers relating to officers in the Singapore Judicial Service of or above the threshold grade (including the power to appoint or promote an officer to that grade); and(c)any function or power in relation to officers in the Singapore Legal Service holding a post prescribed by regulations made under Article 111N(2), if that function or power could not have been delegated by the Legal Service Commission under Article 111Q.

Subclause 3clause_21.subclause_1

For the purposes of clause (2)(b) —(a)the President may, on the advice of the Prime Minister and by notification in the Gazette, designate a threshold grade in the Singapore Judicial Service; and(b)the Prime Minister must consult the President of the Commission before advising the President under paragraph (a).

Subclause 4clause_21.subclause_2

A personnel board must consist of at least 3 members.

Subclause 5clause_21.subclause_3

A member of a personnel board is to be appointed by the President if the President, acting in the President’s discretion, concurs with the advice of the Commission.

Subclause 6clause_21.subclause_4

Only the following persons may be appointed as members of a personnel board:(a)a member of the Commission;(b)a Supreme Court Judge, a Judicial Commissioner or a Senior Judge; (c)an officer in the Singapore Judicial Service.

Clause 111Jclause_22

—(1) A Legal Service Commission is established.(2) The Commission consists of —(a)the Attorney‑General (as President);(b)the Chairman of the Public Service Commission (as Vice‑President); and(c)the following other members:(i)up to 2 members appointed by the President on the advice of the Attorney‑General;(ii)up to 2 members appointed by the President on the advice of the Chairman of the Public Service Commission;(iii)up to 2 members appointed by the President on the advice of the Prime Minister.(3) For the purposes of clause (2)(c) —(a)the President may, acting in the President’s discretion, refuse to make an appointment if the President does not concur with the advice tendered; and(b)the President must not appoint 2 members under clause (2)(c)(i), (ii) or (iii) unless at least one of them has for an aggregate period of 10 or more years been one or more of the following:(i)a qualified person within the meaning of section 2(1) of the Legal Profession Act;(ii)an officer in the Singapore Judicial Service;(iii)an officer in the Singapore Legal Service.(4) Before assuming the duties of his or her office, an appointed member must take and subscribe before a Supreme Court Judge the appropriate Oath for the due execution of his or her office in the form set out in the First Schedule.

Subclause 1clause_22.subclause_3

A Legal Service Commission is established.

Subclause 2clause_22.subclause_0

The Commission consists of —(a)the Attorney‑General (as President);(b)the Chairman of the Public Service Commission (as Vice‑President); and(c)the following other members:(i)up to 2 members appointed by the President on the advice of the Attorney‑General;(ii)up to 2 members appointed by the President on the advice of the Chairman of the Public Service Commission;(iii)up to 2 members appointed by the President on the advice of the Prime Minister.

Subclause 3clause_22.subclause_1

For the purposes of clause (2)(c) —(a)the President may, acting in the President’s discretion, refuse to make an appointment if the President does not concur with the advice tendered; and(b)the President must not appoint 2 members under clause (2)(c)(i), (ii) or (iii) unless at least one of them has for an aggregate period of 10 or more years been one or more of the following:(i)a qualified person within the meaning of section 2(1) of the Legal Profession Act;(ii)an officer in the Singapore Judicial Service;(iii)an officer in the Singapore Legal Service.

Subclause 4clause_22.subclause_2

Before assuming the duties of his or her office, an appointed member must take and subscribe before a Supreme Court Judge the appropriate Oath for the due execution of his or her office in the form set out in the First Schedule.

Clause 111Kclause_23

A person must not be appointed as a member under Article 111J(2)(c) if the person is, and ceases to be an appointed member if the person becomes —(a)a public officer;(b)an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the Companies Act or any corresponding previous written law;(c)a Member of Parliament or a duly nominated candidate for election as such Member;(d)a member of any trade union or of any body or association affiliated to a trade union; or(e)the holder of any office in any political association.

Clause 111Lclause_24

—(1) Subject to this Article and Article 111K, an appointed member —(a)is to hold office for the period (which must not be shorter than 3 years or longer than 5 years) specified by the President in appointing the appointed member; and(b)is eligible for reappointment.(2) An appointed member may at any time resign his or her office by writing under his or her hand addressed to the President.(3) If the Prime Minister, or the President of the Commission after consulting the Prime Minister, represents to the President that an appointed member ought to be removed from office for —(a)inability to discharge the functions of the appointed member’s office; or(b)misbehaviour,the President must —(c)refer that representation to a tribunal consisting of 2 Supreme Court Judges nominated for that purpose by the Chief Justice, if the President, acting in the President’s discretion, concurs with that representation; and(d)remove the appointed member from office by writing under the President’s hand if the tribunal so recommends.

Subclause 1clause_24.subclause_2

Subject to this Article and Article 111K, an appointed member —(a)is to hold office for the period (which must not be shorter than 3 years or longer than 5 years) specified by the President in appointing the appointed member; and(b)is eligible for reappointment.

Subclause 2clause_24.subclause_0

An appointed member may at any time resign his or her office by writing under his or her hand addressed to the President.

Subclause 3clause_24.subclause_1

If the Prime Minister, or the President of the Commission after consulting the Prime Minister, represents to the President that an appointed member ought to be removed from office for —(a)inability to discharge the functions of the appointed member’s office; or(b)misbehaviour,the President must —(c)refer that representation to a tribunal consisting of 2 Supreme Court Judges nominated for that purpose by the Chief Justice, if the President, acting in the President’s discretion, concurs with that representation; and(d)remove the appointed member from office by writing under the President’s hand if the tribunal so recommends.

Clause 111Mclause_25

—(1) An appointed member is to be paid allowances as may, from time to time, be determined, and those allowances are charged on the Consolidated Fund.(2) Subject to the provisions of this Constitution, the terms of service of an appointed member are —(a)to be prescribed in regulations made by the President and published in the Gazette; or(b)to be determined by the President insofar as they are not determined by or under any such law.(3) The terms of service of an appointed member must not be altered to his or her disadvantage during his or her continuance in office.(4) For the purposes of clause (3), insofar as the terms of service of an appointed member depend upon his or her option, any terms that he or she opts for is taken to be more advantageous to him or her than any for which he or she might have opted.

Subclause 1clause_25.subclause_3

An appointed member is to be paid allowances as may, from time to time, be determined, and those allowances are charged on the Consolidated Fund.

Subclause 2clause_25.subclause_0

Subject to the provisions of this Constitution, the terms of service of an appointed member are —(a)to be prescribed in regulations made by the President and published in the Gazette; or(b)to be determined by the President insofar as they are not determined by or under any such law.

Subclause 3clause_25.subclause_1

The terms of service of an appointed member must not be altered to his or her disadvantage during his or her continuance in office.

Subclause 4clause_25.subclause_2

For the purposes of clause (3), insofar as the terms of service of an appointed member depend upon his or her option, any terms that he or she opts for is taken to be more advantageous to him or her than any for which he or she might have opted.

Clause 111Nclause_26

—(1) Subject to clause (2), the Commission —(a)has jurisdiction over all officers in the Singapore Legal Service; and(b)has the following functions and powers in relation to those officers:(i)appointment;(ii)confirmation;(iii)emplacement on the permanent establishment;(iv)promotion;(v)transfer;(vi)disciplinary control;(vii)dismissal.(2) The Commission and the Judicial Service Commission may jointly make regulations to —(a)prescribe one or more posts; and(b)provide, in relation to officers in the Singapore Legal Service holding a prescribed post, that all or any aspect of the Commission’s functions and powers in relation to those officers are to be exercised by the Judicial Service Commission instead of the Commission.

Subclause 1clause_26.subclause_1

Subject to clause (2), the Commission —(a)has jurisdiction over all officers in the Singapore Legal Service; and(b)has the following functions and powers in relation to those officers:(i)appointment;(ii)confirmation;(iii)emplacement on the permanent establishment;(iv)promotion;(v)transfer;(vi)disciplinary control;(vii)dismissal.

Subclause 2clause_26.subclause_0

The Commission and the Judicial Service Commission may jointly make regulations to —(a)prescribe one or more posts; and(b)provide, in relation to officers in the Singapore Legal Service holding a prescribed post, that all or any aspect of the Commission’s functions and powers in relation to those officers are to be exercised by the Judicial Service Commission instead of the Commission.

Clause 111Oclause_27

Subject to the provisions of this Constitution, the Commission may regulate its own procedure and make rules for that purpose.

Clause 111Pclause_28

—(1) There is to be a Secretary to the Commission, who —(a)must be a person who is a public officer; and(b)is to be appointed by the President in accordance with the advice of the Commission.(2) Subject to any instructions by the President of the Commission, the Secretary to the Commission is responsible for —(a)arranging the business for, and keeping the minutes of, the meetings of the Commission; and(b)conveying the decisions of the Commission to the appropriate person or authority.(3) The President of the Commission may, from time to time, direct the Secretary to the Commission to perform any other function.

Subclause 1clause_28.subclause_2

There is to be a Secretary to the Commission, who —(a)must be a person who is a public officer; and(b)is to be appointed by the President in accordance with the advice of the Commission.

Subclause 2clause_28.subclause_0

Subject to any instructions by the President of the Commission, the Secretary to the Commission is responsible for —(a)arranging the business for, and keeping the minutes of, the meetings of the Commission; and(b)conveying the decisions of the Commission to the appropriate person or authority.

Subclause 3clause_28.subclause_1

The President of the Commission may, from time to time, direct the Secretary to the Commission to perform any other function.

Clause 111Qclause_29

—(1) Subject to the provisions of this Article, the Commission may make regulations to —(a)establish one or more personnel boards (including specifying the procedure to be followed by a personnel board); and(b)delegate all or any of its functions and powers to a personnel board, whether with or without conditions,and a personnel board so established may exercise the delegated functions and powers under the direction and control of the Commission.(2) The Commission must not delegate —(a)any of its functions or powers relating to disciplinary control or dismissal;(b)any of its functions or powers relating to officers in the Singapore Legal Service of or above the threshold grade (including the power to appoint or promote an officer to that grade); and(c)any function or power in relation to officers in the Singapore Judicial Service holding a post prescribed by regulations made under Article 111F(2), if that function or power could not have been delegated by the Judicial Service Commission under Article 111I.(3) For the purposes of clause (2)(b) —(a)the President may, on the advice of the Prime Minister and by notification in the Gazette, designate a threshold grade in the Singapore Legal Service; and(b)the Prime Minister must consult the President of the Commission before advising the President under paragraph (a).(4) A personnel board must consist of at least 3 members.(5) A member of a personnel board is to be appointed by the President if the President, acting in the President’s discretion, concurs with the advice of the Commission.(6) Only the following persons may be appointed as members of a personnel board:(a)a member of the Commission;(b)a Deputy Attorney‑General;(c)an officer in the Singapore Legal Service.”.

Subclause 1clause_29.subclause_5

Subject to the provisions of this Article, the Commission may make regulations to —(a)establish one or more personnel boards (including specifying the procedure to be followed by a personnel board); and(b)delegate all or any of its functions and powers to a personnel board, whether with or without conditions,and a personnel board so established may exercise the delegated functions and powers under the direction and control of the Commission.

Subclause 2clause_29.subclause_0

The Commission must not delegate —(a)any of its functions or powers relating to disciplinary control or dismissal;(b)any of its functions or powers relating to officers in the Singapore Legal Service of or above the threshold grade (including the power to appoint or promote an officer to that grade); and(c)any function or power in relation to officers in the Singapore Judicial Service holding a post prescribed by regulations made under Article 111F(2), if that function or power could not have been delegated by the Judicial Service Commission under Article 111I.

Subclause 3clause_29.subclause_1

For the purposes of clause (2)(b) —(a)the President may, on the advice of the Prime Minister and by notification in the Gazette, designate a threshold grade in the Singapore Legal Service; and(b)the Prime Minister must consult the President of the Commission before advising the President under paragraph (a).

Subclause 4clause_29.subclause_2

A personnel board must consist of at least 3 members.

Subclause 5clause_29.subclause_3

A member of a personnel board is to be appointed by the President if the President, acting in the President’s discretion, concurs with the advice of the Commission.

Subclause 6clause_29.subclause_4

Only the following persons may be appointed as members of a personnel board:(a)a member of the Commission;(b)a Deputy Attorney‑General;(c)an officer in the Singapore Legal Service.”.

Clause 15clause_30

The Constitution is amended by inserting, immediately above Article 112, the following Chapter heading:“Chapter 5 — Supplementary Provisions”.

Clause 16clause_31

Article 112(1) of the Constitution is amended by deleting the words “any pension, gratuity or other like allowance (referred to in this Article as an award)” and substituting the words “any award”.

Clause 17clause_32

Article 113 of the Constitution is amended —(a)by deleting the words “the Public Service Commission or the Legal Service Commission, as the case may be,” in clauses (1) and (2) and substituting in each case the words “the relevant Commission”;(b)by deleting clause (3); and(c)by deleting the words “Public Service Commission and Legal Service Commission” in the Article heading and substituting the word “Commissions”.

Clause 18clause_33

Article 114 of the Constitution is amended —(a)by deleting the words “pensions, gratuities and other like allowances” in clause (1) and substituting the word “awards”; and(b)by deleting the words “any pension, gratuity or other like allowance” in clause (2) and substituting the words “any award”.

Clause 19clause_34

Article 115(1) of the Constitution is amended by deleting the words “any pension, gratuity or other like allowance” and substituting the words “any award”.

Clause 20clause_35

Article 119 of the Constitution is repealed and the following Article substituted therefor:“Annual reports119. A Commission must make an annual report on its activities to the President and a copy of every annual report must be presented to Parliament.”.

Clause 21clause_36

Article 142(4) of the Constitution is amended by deleting the words “Government Securities Act (Cap. 121A) and the Local Treasury Bills Act (Cap. 167)” in paragraph (i) of the definition of “relevant assets” and substituting the words “Government Securities (Debt Market and Investment) Act 1992”.

Clause 22clause_37

Article 144(3) of the Constitution is amended by deleting paragraph (d).

Clause 23clause_38

Article 148F of the Constitution is amended by deleting clause (3) and substituting the following clause:“(3) It is the duty of the Auditor‑General to audit and report on the accounts of —(a)all departments and offices of the Government;(b)Parliament;(c)the Supreme Court and all subordinate courts; and(d)the Public Service Commission, the Judicial Service Commission and the Legal Service Commission.”.

Subclauseclause_38.subclause_0

“(3) It is the duty of the Auditor‑General to audit and report on the accounts of —(a)all departments and offices of the Government;(b)Parliament;(c)the Supreme Court and all subordinate courts; and(d)the Public Service Commission, the Judicial Service Commission and the Legal Service Commission.”.

Clause 24clause_39

Item 5 of the First Schedule to the Constitution is deleted and the following item substituted therefor:“5. Oath for due execution of Office of Chairman or other Member of Public Service Commission, or Appointed Member of Judicial Service Commission or Legal Service Commission I, …........................................................................................., having been appointed to be *the Chairman/a Member of the *Public Service Commission/Judicial Service Commission/Legal Service Commission do solemnly swear (or affirm) that I will freely and without fear or favour, affection or ill will, give my counsel and advice in connection with all matters that may be referred to the *Public Service Commission/Judicial Service Commission/Legal Service Commission and that I will not, directly or indirectly, reveal any such matters to any unauthorised person or otherwise than in the course of duty.*Delete where inapplicable.”.

Clause 25clause_40

The Constitution is amended by deleting the words “Public Service Commission” wherever they appear in the following provisions and substituting in each case the word “Commission”: Article 105(3) to (8) Article 106(1) Article 107(1) and (2) Article 108(1) to (4) Article 109(1) and (2) Article 110(1) Article 110D(1), (2)(b), (3), (4), (7)(d) and (8) Article 111A(2).

Clause 26clause_41

—(1) On the appointed date —(a)a judicial branch officer becomes an officer in the Singapore Judicial Service under the same conditions of service as those applicable to the officer immediately before that date; and(b)a legal branch officer continues to be an officer in the Singapore Legal Service under the same conditions of service as those applicable to the officer immediately before that date.(2) In relation to a judicial branch officer —(a)any proceeding or matter (whether disciplinary or otherwise) pending before the existing Commission or an existing personnel board immediately before the appointed date may, from that date, be continued and disposed of by the Judicial Service Commission; and(b)any decision of an existing personnel board may be appealed to the Judicial Service Commission within the time and in the manner prescribed under Article 111AA(5) of the Constitution in force immediately before the appointed date.(3) The functions of the Judicial Service Commission in subsection (2)(a) may be delegated in accordance with Article 111I of the Constitution as inserted by section 14.(4) In relation to a legal branch officer —(a)any proceeding or matter (whether disciplinary or otherwise) pending before the existing Commission or an existing personnel board immediately before the appointed date may, from that date, be continued and disposed of by the reconstituted Legal Service Commission; and(b)any decision of an existing personnel board may be appealed to the reconstituted Legal Service Commission within the time and in the manner prescribed under Article 111AA(5) of the Constitution in force immediately before the appointed date.(5) The functions of the reconstituted Legal Service Commission in subsection (4)(a) may be delegated in accordance with Article 111Q of the Constitution as inserted by section 14.(6) In this section —“appointed date” means the date of commencement of the provisions of this Act (except sections 21 and 22);“existing Commission” means the Legal Service Commission constituted under Article 111 of the Constitution in force immediately before the appointed date;“existing officer” means a person who is an officer of the Singapore Legal Service immediately before the appointed date;“existing personnel board” means a personnel board constituted under Article 111AA of the Constitution in force immediately before the appointed date;“judicial branch officer” means an existing officer who is holding a post in the Supreme Court or a subordinate court immediately before the appointed date;“Judicial Service Commission” means the Judicial Service Commission constituted under Article 111B of the Constitution as inserted by section 14;“legal branch officer” means an existing officer who is not holding a post in the Supreme Court or a subordinate court immediately before the appointed date;“reconstituted Legal Service Commission” means the Legal Service Commission constituted under Article 111J of the Constitution as inserted by section 14.

Subclause 1clause_41.subclause_5

On the appointed date —(a)a judicial branch officer becomes an officer in the Singapore Judicial Service under the same conditions of service as those applicable to the officer immediately before that date; and(b)a legal branch officer continues to be an officer in the Singapore Legal Service under the same conditions of service as those applicable to the officer immediately before that date.

Definitionclause_41.definition_6

“appointed date” means the date of commencement of the provisions of this Act (except sections 21 and 22);

Definitionclause_41.definition_7

“existing Commission” means the Legal Service Commission constituted under Article 111 of the Constitution in force immediately before the appointed date;

Definitionclause_41.definition_8

“existing officer” means a person who is an officer of the Singapore Legal Service immediately before the appointed date;

Definitionclause_41.definition_9

“existing personnel board” means a personnel board constituted under Article 111AA of the Constitution in force immediately before the appointed date;

Definitionclause_41.definition_10

“judicial branch officer” means an existing officer who is holding a post in the Supreme Court or a subordinate court immediately before the appointed date;

Definitionclause_41.definition_11

“Judicial Service Commission” means the Judicial Service Commission constituted under Article 111B of the Constitution as inserted by section 14;

Definitionclause_41.definition_12

“legal branch officer” means an existing officer who is not holding a post in the Supreme Court or a subordinate court immediately before the appointed date;

Definitionclause_41.definition_13

“reconstituted Legal Service Commission” means the Legal Service Commission constituted under Article 111J of the Constitution as inserted by section 14.

Subclause 2clause_41.subclause_0

In relation to a judicial branch officer —(a)any proceeding or matter (whether disciplinary or otherwise) pending before the existing Commission or an existing personnel board immediately before the appointed date may, from that date, be continued and disposed of by the Judicial Service Commission; and(b)any decision of an existing personnel board may be appealed to the Judicial Service Commission within the time and in the manner prescribed under Article 111AA(5) of the Constitution in force immediately before the appointed date.

Subclause 3clause_41.subclause_1

The functions of the Judicial Service Commission in subsection (2)(a) may be delegated in accordance with Article 111I of the Constitution as inserted by section 14.

Subclause 4clause_41.subclause_2

In relation to a legal branch officer —(a)any proceeding or matter (whether disciplinary or otherwise) pending before the existing Commission or an existing personnel board immediately before the appointed date may, from that date, be continued and disposed of by the reconstituted Legal Service Commission; and(b)any decision of an existing personnel board may be appealed to the reconstituted Legal Service Commission within the time and in the manner prescribed under Article 111AA(5) of the Constitution in force immediately before the appointed date.

Subclause 5clause_41.subclause_3

The functions of the reconstituted Legal Service Commission in subsection (4)(a) may be delegated in accordance with Article 111Q of the Constitution as inserted by section 14.

Subclause 6clause_41.subclause_4

In this section —