Housing and Development (Amendment) Act 2020

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 42]

Friday, December 18

[2020

The following Act was passed by Parliament on 6 October 2020 and assented to by the President on 5 November 2020:—

Housing and Development (Amendment) Act 2020

(No. 35 of 2020)

I assent.

HALIMAH YACOB,

President.

5 November 2020.

Date of Commencement: 8 January 2021 Sections 2 to 5 and 8(2)

Date of Commencement: 1 August 2021 Sections 6 and 8(1)

An Act to amend the Housing and Development Act (Chapter 129 of the 2004 Revised Edition) and to make a consequential amendment to the Supreme Court of Judicature (Amendment) Act 2019 (Act 40 of 2019).

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 is the Housing and Development (Amendment) Act 2020 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Amendment of section 6

2. Section 6 of the Housing and Development Act (called in this Act the principal Act) is amended —

(a)

by deleting subsection (1) and substituting the following subsections:

“(1) The Board consists of —

(a)	a Chairman; and
(b)	at least 4 and not more than 14 other members,

each of whom must be appointed by the Minister subject to subsection (9) and on any conditions as the Minister may determine.

(1A) The Minister may, subject to subsection (9), appoint a member of the Board to be the Deputy Chairman.”; and

(b)

by deleting subsections (4) and (5) and substituting the following subsections:

“(4) The Minister may appoint an individual to act temporarily as a member of the Board (other than the Chairman or the Deputy Chairman) during any period, or during all periods, when any member —

(a)	is incapacitated from illness or otherwise; or
(b)	is absent from duty or Singapore.

(5) The Minister may appoint a member of the Board to act temporarily as the Chairman or the Deputy Chairman during any period, or during all periods, when the Chairman or the Deputy Chairman, as the case may be —

(a)	is incapacitated from illness or otherwise; or
(b)	is absent from duty or Singapore.”.

Amendment of section 10

3. Section 10(1) of the principal Act is amended by deleting “4” and substituting the words “one‑third of the total number of members in office,”.

Amendment of section 51

4. Section 51 of the principal Act is amended —

(a)

by deleting the words “subsection (4)” in subsection (1) and substituting the words “subsections (4) and (4A)”;

(b)

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

“(4A) Subsection (1) does not apply to any contract, agreement or arrangement under which an approved financial institution uses any of its interest in any security over any protected property as security or collateral for the grant of any facility by the MAS to the approved financial institution.”; and

(c)

by inserting, immediately after the definition of “approved financial institution” in subsection (11), the following definitions:

“ “facility” means an arrangement between the MAS and an approved financial institution under which the MAS provides funding to the approved financial institution, and includes a credit facility and a repurchase transaction;

“MAS” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act;”.

Amendment of section 52

5. Section 52 of the principal Act is amended by deleting subsection (8) and substituting the following subsection:

“(8) Where an appeal has been determined by the Minister or on the expiry of a period of 28 days after the service of the notice mentioned in subsection (4) and —

(a)	the personal representatives do not consent to receive the compensation;
(b)	where representation has not been taken out under a will or intestacy of the deceased owner; or
(c)	where there is any dispute as to the entitlement to or the apportionment of the compensation,

the Board must apply to the Registrar of the Supreme Court ex parte by originating summons, supported by an affidavit, for an order to deposit the amount of the compensation in court and, despite anything to the contrary in the Rules of Court for the time being in force, the Registrar may make the order.”.

Amendment of section 56

6. Section 56 of the principal Act is amended —

(a)

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

“(ga)

if the owner or any owner thereof made a misleading or false statement in his application to the Board for, or a misrepresentation of a material fact (whether innocently or otherwise) to the Board relating to —

(i)	his acquisition of the flat, house or other living accommodation or an interest in it from a related person; or
(ii)	his transfer of an interest in the flat, house or other living accommodation to a related person;”; and

(b)

by inserting, immediately after subsection (9), the following subsection:

“(10) For the purposes of subsection (1)(ga), a person (A) is related to an owner of a flat, house or other living accommodation (B) if A is the spouse, a parent, remoter lineal ancestor, step‑parent, son, daughter, son‑in‑law, daughter‑in‑law, remoter issue, stepson, stepdaughter, brother or sister, or the spouse of a brother or sister, of B.”.

Consequential amendment to Supreme Court of Judicature (Amendment) Act 2019

7. Item 68 of the Schedule to the Supreme Court of Judicature (Amendment) Act 2019 is amended by deleting paragraphs (2) and (3).

Saving and transitional provisions

8.—(1) Section 6 does not apply in relation to any flat, house or other living accommodation or interest in it that is acquired or transferred before the date of commencement of that section.

(2) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.

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