Land Transport Authority of Singapore (Amendment) Act 2012

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 17]

Friday, September 14

[2012

The following Act was passed by Parliament on 10th July 2012 and assented to by the President on 13th August 2012:—

Land Transport Authority of Singapore
(Amendment) Act 2012

(No. 17 of 2012)

I assent.

TONY TAN KENG YAM,

President.

13th August 2012.

Date of Commencement: 12th September 2012

An Act to amend the Land Transport Authority of Singapore Act (Chapter 158A of the 1996 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Land Transport Authority of Singapore (Amendment) Act 2012 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Land Transport Authority of Singapore Act (referred to in this Act as the principal Act) is amended by inserting, immediately after the definition of “Authority”, the following definitions:

“ “bus service” means a service for the carriage of passengers for a fare or other consideration by one or more buses operating on pre-determined timetables and routes;

“bus service licence”, “bus service operator” and “bus service operator’s licence” have the same meanings as in the Public Transport Council Act (Cap. 259B);”.

Amendment of section 6

3. Section 6 of the principal Act is amended —

(a)

by deleting the words “taxi stands” in subsection (1)(b) and substituting the words “bus depots, bus parks, taxi stands, bicycle parking”;

(b)

by deleting paragraph (g) of subsection (1) and substituting the following paragraph:

“(g)

without prejudice to the Public Transport Council Act (Cap. 259B) —

(i)	to carry out operational planning for bus services to meet the needs and expectation of the public, including coordinating the routes and scheduling of bus services provided by holders of bus service licences and bus service operator’s licences;
(ii)	to provide financial assistance to holders of bus service licences or bus service operator’s licences with the object of improving and expanding the range and reliability of the bus services so provided by all or any of them;
(iii)	to procure for or make available to any holder of a bus service licence or a bus service operator’s licence such buses as are necessary for improving and expanding the range and reliability of the bus services so provided by all or any of them; and
(iv)	to regulate the carriage of passengers on any road for hire or reward in accordance with the Road Traffic Act;”;

(c)

by inserting, immediately after paragraph (n) of subsection (1), the following paragraph:

“(na)

to advise on, or to conduct, promote or facilitate, training and education relating to public transport;”; and

(d)

by inserting, immediately after the words “before any court” in subsection (2), the words “to which it would not otherwise be subject”.

Amendment of section 7

4. Section 7 of the principal Act is amended —

(a)

by inserting, immediately after paragraph (fc) of subsection (1), the following paragraphs:

“(fd)	to provide financial assistance by way of grant, loan or guarantee to any holder of a bus service licence or bus service operator’s licence;
(fe)	to establish or expand facilities or to assist in the maintenance of facilities (whether by itself or with the co-operation of other persons or bodies as the Authority thinks fit), including but not limited to providing grants, for the purpose of training and education relating to public transport;”; and

(b)

by inserting, immediately after subsection (4), the following subsection:

“(5) Any grant, loan or guarantee given by the Authority before the date of commencement of section 4 of the Land Transport Authority of Singapore (Amendment) Act 2012 to any holder of a bus service licence or bus service operator’s licence, and any security for any such loan, shall not be invalid by reason only that it was given before that date but shall be deemed to have been and to be given as if that section was then in force.”.

Amendment of section 12

5. Section 12(1) of the principal Act is amended —

(a)

by inserting, immediately after the words “into which shall be paid”, the words “, except where expressly provided otherwise in section 13A or 13B”; and

(b)

by inserting, immediately after paragraph (d), the following paragraph:

“(da)

the balance of the fees, rental or other revenue lawfully received by the Authority —

(i)	for or in connection with the hiring or leasing of buses, bus stops, bus interchanges or terminals or bus parks from the Authority; or
(ii)	for or in connection with the advertising on such buses or at such bus stops, bus interchanges or terminals or bus parks,

after deducting such proportion of those fees, rental or other revenue as the Minister has approved for the Bus Service Enhancement Fund under section 13B(1)(h);”.

Amendment of section 13

6. Section 13(1) of the principal Act is amended by deleting the word “and” at the end of paragraph (j), and by inserting immediately thereafter the following paragraph:

“(ja)

grants, loans or guarantees to any holder of a bus service licence or a bus service operator’s licence for the purpose of improving and expanding the range and reliability of the bus services so provided by the holders of such a licence, including but not limited to meeting such expenditure for the delivery of bus services as the Authority may approve; and”.

New section 13B

7. The principal Act is amended by inserting, immediately after section 13A, the following section:

“Bus Service Enhancement Fund

13B.—(1) There shall be established by the Authority a Bus Service Enhancement Fund comprising —

(a)	all moneys from time to time appropriated from the Consolidated Fund or the Development Fund and authorised to be paid into the Bus Service Enhancement Fund by any written law;
(b)	all moneys authorised by or under any other written law to be paid into the Bus Service Enhancement Fund;
(c)	all moneys borrowed or raised by the Authority for the purposes of the Bus Service Enhancement Fund;
(d)	all gifts or donations by any person or organisation to the Authority for the purposes of the Bus Service Enhancement Fund;
(e)	all investments and other property purchased out of moneys in the Bus Service Enhancement Fund, including the net income from such investments;
(f)	all interest received on investments belonging to the Bus Service Enhancement Fund, and all amounts received by the Authority from the sale of any investments or other property paid for with money from the Bus Service Enhancement Fund;
(g)	all sums received by way of repayment of any loan or advance from the Bus Service Enhancement Fund, and any interest and late payment charge from any such loan or advance;
(h)	such proportion as the Minister may approve of the fees, rental or other revenue lawfully received by the Authority for or in connection with the hiring or leasing of buses, bus stops, bus interchanges or terminals or bus parks from the Authority, or for or in connection with the advertising on such buses or at such bus stops, bus interchanges or terminals or bus parks; and
(i)	all damages, cost or other moneys lawfully received by the Authority from any holder of a bus service licence or bus service operator’s licence on account of any breach by the holder of such a licence of any term in a grant or loan from or in a lease, contract or other arrangement with the Authority, made in connection with improving and expanding the range and reliability of bus services so provided by the holders of such a licence.

(2) The moneys in the Bus Service Enhancement Fund may be withdrawn by the Authority only for all or any of the following purposes:

(a)	to provide grants or loans to any holder of a bus service licence or a bus service operator’s licence for the purpose of improving and expanding the range and reliability of the bus services so provided by the holders of such a licence, including but not limited to meeting such expenditure for the delivery of bus services as the Authority may approve;
(b)	to pay all reasonable legal costs incurred by the Authority and all reasonable expenses incurred by the Authority in connection with the collection or attempted collection of any outstanding amounts (including any interest thereon) of any sums due under any loan or grant made out of moneys in the Bus Service Enhancement Fund;
(c)	to acquire any property, moveable or immovable, including but not limited to buses, with the object of improving and expanding the range and reliability of the bus services provided by all or any of the holders of bus service licences or bus service operator’s licences;
(d)	for investments in accordance with section 17 of moneys in the Bus Service Enhancement Fund;
(e)	to pay all amounts relating to the sale, disposal or write-off of any investments paid for with money from the Bus Service Enhancement Fund;
(f)	to pay any principal or interest on moneys borrowed or raised by the Authority for the purposes of the Bus Service Enhancement Fund;
(g)	to pay any expenses properly attributable to the setting up of the Bus Service Enhancement Fund and the administration and management of moneys in that Fund.

(3) For the purposes of subsection (1)(e), the net income from investments shall be the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Bus Service Enhancement Fund any gain derived or loss sustained, realised or unrealised, as the case may be, from such investments.

(4) No loan made or investments paid for with moneys from the Bus Service Enhancement Fund shall be written-off without the prior approval of the Minister.

(5) Without prejudice to subsection (4), the Bus Service Enhancement Fund shall be managed and administered by the Authority subject to the directions of the Minister.

(6) Upon dissolution of the Bus Service Enhancement Fund during any term of office of the Government (within the meaning of the Constitution), the balance of such moneys remaining in that Fund shall be transferred to the Consolidated Fund and be added to the reserves of the Government not accumulated by it during that term of office.”.

Amendment of section 17

8. Section 17 of the principal Act is amended by deleting the words “or the Railway Sinking Fund” and substituting the words “, the Railway Sinking Fund or the Bus Service Enhancement Fund”.

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