PART 2
ESTABLISHMENT, INCORPORATION AND
CONSTITUTION OF BOARD
Establishment and incorporation of Singapore Examinations and Assessment Board
3.  A body called the Singapore Examinations and Assessment Board is established, which is a body corporate with perpetual succession and is by that name capable of —
(a)suing and being sued;
(b)acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and
(c)doing and suffering any other acts or things that bodies corporate may lawfully do and suffer.
Common seal
4.—(1)  The Board must have a common seal and the seal may be broken, changed, altered or made anew as the Board thinks fit.
(2)  All deeds and other documents requiring the seal of the Board must be sealed with the common seal of the Board.
(3)  All instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Board for the purpose or by one member and the chief executive.
(4)  The Board may, by resolution or otherwise in writing, appoint any officer of the Board or any other agent either generally or in any particular case to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter coming within the powers of the Board.
(5)  All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Board affixed to any document and presume that it was duly affixed.
Membership of Board
5.—(1)  The Board consists of —
(a)a Chairperson; and
(b)not less than 6 but not more than 9 other members,
all of whom are to be appointed by the Minister.
(2)  The Minister may appoint the chief executive to be a member.
Chairperson may delegate functions
6.  The Chairperson may, in writing, authorise any member to exercise any power or perform any function conferred on the Chairperson by or under this Act.
Term of office of members
7.—(1)  A member holds office on such conditions and for such term, not exceeding 3 years, as the Minister specifies in the appointment, and may be re‑appointed.
(2)  Any member may, at any time, by written notice to the Minister resign from office.
(3)  The Minister may, at any time, revoke the appointment of any member without giving any reason.
(4)  If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the remainder of the term for which the vacating member was appointed.
(5)  The Board is to pay to the Chairperson and other members, out of the funds of the Board, such salaries, fees and allowances as the Minister may determine.
Temporary Chairperson, etc.
8.  The Minister may appoint any person to be a temporary Chairperson or temporary member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson or any member, as the case may be.
Meetings and proceedings of Board
9.—(1)  At all meetings of the Board, a simple majority of the members forms a quorum.
(2)  The Chairperson presides at all meetings of the Board and, in the Chairperson’s absence, the members present must elect one of their number to preside.
(3)  Meetings of the Board must be held at such times and places as the Chairperson may determine.
(4)  All questions arising at any meeting must be decided by a majority of votes of the members present and voting.
(5)  At any meeting of the Board, the Chairperson has a deliberative vote and, in the case of an equality of votes, the Chairperson or, in the Chairperson’s absence, the member presiding has a casting vote.
(6)  The validity of any proceedings of the Board is not affected by any vacancy among its members or by any defect in the appointment of any member.
(7)  Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may regulate its own proceedings.
[5/2018]
10.  [Repealed by Act 5 of 2018]