Housing and Development (Polling for Upgrading Works) (Amendment) Rules 2000

No. S 299

Housing and Development Act

(Chapter 129)

Housing and Development
(Polling for Upgrading Works) (Amendment) Rules 2000

In exercise of the powers conferred by section 65K of the Housing and Development Act, the Minister for National Development hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Housing and Development (Polling for Upgrading Works) (Amendment) Rules 2000 and shall come into operation on 1st July 2000.

Amendment of rule 2

2. Rule 2 of the Housing and Development (Polling for Upgrading Works) Rules (R 7) (referred to in these Rules as the principal Rules) is amended —

(a)

by inserting, immediately before the definition of “building” in paragraph (1), the following definition:

“ “beneficiary flat”, in relation to any special upgrading works, means a flat prescribed in rule 2A to be a beneficiary flat in relation to those special upgrading works;”;

(b)

by deleting the words “or a secondary poll” in the definition of “poll” in paragraph (1) and substituting the words “, a secondary poll or a special poll”;

(c)

by inserting, immediately after the words “a register” in the definition of “registered owner” in paragraph (1), the words “or (as the case may be) a special register”;

(d)

by inserting, immediately after the definition of “Singapore corporation” in paragraph (1), the following definitions:

“ “special poll”, in relation to any building within a precinct, means a poll conducted under section 65C(1A) of the Act with a view to establishing the opinion of owners of beneficiary flats in the building about any proposal to carry out special upgrading works in that building;

“special register” means a register prepared under rule 3 (1A) in relation to certain special upgrading works in a building;”; and

(e)

by inserting, immediately after the words “the register” at the end of paragraph (3), the words “or (as the case may be) the special register”.

New rule 2A

3. The principal Rules are amended by inserting, immediately after rule 2, the following rule:

“Beneficiary flats of special upgrading works

2A. Where any special upgrading works in a building comprises items of works necessary or ancillary to installing any lift or lift landing or any additional lift or lift landing in the building or part thereof, the beneficiary flats in relation to those special upgrading works shall be all flats in that building or part thereof other than —

(a)	flats on the ground level; and
(b)	flats served by or which already have access to lifts on the same levels as that of the flats.”.

Amendment of rule 3

4. Rule 3 of the principal Rules is amended by inserting, immediately after paragraph (1), the following paragraph:

“(1A) Where there is any proposal to carry out special upgrading works in a building within a precinct, the Board shall, in addition to a register referred to in paragraph (1), prepare a special register of owners of beneficiary flats in the building for those works, entering the names and addresses of all persons who —

(a)	are owners of beneficiary flats in that building in relation to those special upgrading works or are entitled to have their names entered in the register as owners of such flats; and
(b)	are not disqualified under rule 5 from voting at the special poll relating to those special upgrading works.”.

Amendment of rule 4

5. Rule 4 of the principal Rules is amended by inserting, immediately after paragraph (5), the following paragraph:

“(6) This rule shall apply to any special poll as if —

(a)	all references in this rule to a primary poll relating to a precinct shall be read as references to a special poll relating to special upgrading works in a building within a precinct;
(b)	all references in this rule to a flat shall be read as references to a beneficiary flat in relation to those special upgrading works; and
(c)	all references in this rule to the register shall be read as a reference to the special register for those special upgrading works.”.

Amendment of rule 5

6. Rule 5 of the principal Rules is amended by deleting the words “relating to a precinct” in the 2nd line.

Amendment of rule 6

7. Rule 6 of the principal Rules is amended —

(a)

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

“(1A) The Board shall, not later than the day before the commencement of a special poll in relation to any special upgrading works in a building within a precinct, complete the special register referred to in rule 3 (1A) and, shall certify the completed special register as the register in operation for those special upgrading works in that building.”;

(b)

by inserting, immediately after the words “for a precinct” in paragraph (2), the words “and the special register in operation for any special upgrading works in a building”; and

(c)

by inserting, immediately after the words “to that precinct” in paragraph (2), the words “and at a special poll in relation to those special upgrading works in that building, respectively”.

Amendment of rule 7

8. Rule 7 of the principal Rules is amended —

(a)

by inserting, immediately after paragraph (1), the following rule:

“(1A) Subject to the provisions of these Rules, every registered owner whose name appears in a special register prepared in relation to any special upgrading works in a building within a precinct shall be entitled to vote in a special poll relating to those special upgrading works.”; and

(b)

by inserting, immediately after paragraph (3), the following paragraph:

“(4) Subject to the provisions of these Rules, every registered owner whose name appears in a special register for any special upgrading works in a building within a precinct shall, for the purposes of a special poll relating to those special upgrading works in that building, have —

(a)	in the case of a common registered owner of more than one beneficiary flat within the building, one vote in respect of all those flats; and
(b)	in any other case, a number of votes equal to the number of beneficiary flats in that building in respect of which he has been registered as an owner.”.

Amendment of rule 7A

9. Rule 7A of the principal Rules is amended by inserting, immediately after paragraph (3), the following paragraph:

“(3A) For the purposes of a special poll relating to any special upgrading works in a building within a precinct, the vote of every registered owner entitled to vote in that special poll shall have a value as follows:

(a)

where the Board is the registered owner —

(i)	of any beneficiary flat that is a residential flat — one, notwithstanding it being the common registered owner of more than one such residential beneficiary flat within that building; or
(ii)	of any beneficiary flat that is a non-residential flat — a number equal to the number of such non-residential flats in the building in respect of which the Board has been registered as owner in the special register in operation for those special upgrading works in that building; and

(b)

in the case of any other registered owner of a beneficiary flat within the building (regardless of the flat being residential or non-residential) — a number equal to the leases the Board has granted to the registered owner in respect of his beneficiary flat or flats within the building.”.

Amendment of rule 13

10. Rule 13 of the principal Rules is amended —

(a)	by deleting the words “a poll relating to a precinct” in paragraph (1) and substituting the words “any poll”; and
(b)	by inserting, immediately after the words “the precinct” in paragraph (4), the words “or a registered owner of a beneficiary flat within the building”.

Amendment of rule 16

11. Rule 16 (1) of the principal Rules is amended —

(a)	by inserting, immediately after the words “section 65B(1) of the Act,”, the words “or after the Minister has approved any proposal to carry out certain special upgrading works in a building within a precinct,”; and
(b)	by deleting the words “the poll relating to the precinct” in sub-paragraph (a) and substituting the words “any poll relating to the precinct or a building within the precinct or (as the case may be) to special upgrading works in any such building”.

Amendment of rule 16A

12. Rule 16A of the principal Rules is amended by inserting, immediately after paragraph (2), the following paragraph:

“(3) Subject to the Act, a special poll in relation to any special upgrading works in a building within a precinct may be conducted at any time after the Minister has approved the proposal to carry out those special upgrading works.”.

Amendment of rule 17

13. Rule 17 of the principal Rules is amended —

(a)

by inserting, immediately after the word “within a precinct” in the 2nd line of paragraph (2), the words “, or any special poll relating to any special upgrading works in a building within a precinct,”;

(b)

by inserting, immediately after the words “secondary poll” in the 4th line of paragraph (2), the words “or (as the case may be) the special poll”; and

(c)

by inserting, immediately after paragraph (3), the following paragraph:

“(4) The Board shall give notice of a special poll relating to any special upgrading works in a building within a precinct in the following manner:

(a)

by affixing, not less than 7 days before the commencement of the special poll relating to those special upgrading works, at a conspicuous place in the building, a notice stating the polling days and the hours of, and the place (referred to in these Rules as the polling place) at which the special poll relating to those works in that building will be taken; and

(b)

by serving, not less than 7 days before the last polling day of the special poll, a notice on every registered owner whose name appears in the special register in operation for those special upgrading works in that building —

(i)	describing the proposals to carry out those special upgrading works in the building;
(ii)	specifying the polling days, the hours of the polls and the polling place as stated in the notice in sub-paragraph (a); and
(iii)	specifying the name of the person entitled to vote at the special poll, the value of his vote or votes and the place where instruments of proxy and powers of attorney may be deposited.”.

Amendment of rule 19

14. Rule 19 of the principal Rules is amended —

(a)

by deleting the word “and” at the end of paragraph (a); and

(b)

by deleting the full-stop at the end of paragraph (b) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:

“(c)	in respect of any proposal regarding special upgrading works, shall consist of a polling paper in Form 3A in the Schedule.”.

Amendment of rule 22

15. Rule 22 of the principal Rules is amended —

(a)	by inserting, immediately after the words “within a precinct” in paragraph (1), the words “or special upgrading works in a building within a precinct”;
(b)	by deleting the words “list of proxies for that precinct” in the 4th line of paragraph (2) and substituting the words “for that precinct or (as the case may be) the special register, or in the list of proxies”;
(c)	by inserting, immediately after the word “register” in the 2nd line of paragraph (3), the words “or (as the case may be) the special register”; and
(d)	by inserting, immediately after the words “specified upgrading works” in the penultimate line of paragraph (4) and 3rd line of paragraph (6), the words “or special upgrading works”.

Amendment of rule 26

16. Rule 26 (1) of the principal Rules is amended by inserting, immediately after the words “the register” in the 2nd line, the words “or registers (including any special register)”.

Amendment of rule 28

17. Rule 28 (1) of the principal Rules is amended by deleting the words “or any proposal regarding specified upgrading works” in sub-paragraph (d) and substituting the words “, any proposal regarding specified upgrading works or any proposal regarding special upgrading works, as the case may be”.

Amendment of rule 29

18. Rule 29 (1) of the principal Rules is amended by deleting the words “or 5A,” in sub-paragraph (b) and substituting the words “, 5A or 5B,”.

Amendment of rule 30

19. Rule 30 of the principal Rules is amended by inserting, immediately after the words “the register” in paragraph (a), the words “or (as the case may be) the special register”.

Amendment of rule 32

20. Rule 32 of the principal Rules is amended by inserting, immediately after paragraph (3), the following paragraph:

“(4) A final statement of a special poll relating to any special upgrading works in a building within a precinct shall be in Form 6B in the Schedule and shall, within 28 days after the last polling day of the special poll —

(a)	be published in the Gazette; and
(b)	be displayed in any conspicuous part of that building.”.

Amendment of rule 33

21. Rule 33 of the principal Rules is amended by inserting, immediately after paragraph (3), the following paragraph:

“(3A) The results of a special poll to establish the opinions about proposals to carry out special upgrading works in a building (whether comprising wholly residential flats or partly residential and non-residential flats) shall be ascertained in accordance with the formula

Where

is the total value of votes cast at the special poll by the registered owners of beneficiary flats in the building in favour of the proposal to carry out those special upgrading works;

is the total value in votes of all registered owners of beneficiary flats in the building who are entitled to vote at that special poll.”.

Amendment of rule 35

22. Rule 35 (2) of the principal Rules is amended by inserting, immediately after the words “specified upgrading works”, the words “or special upgrading works”.

Amendment of the Schedule

23. The Schedule to the principal Rules is amended —

(a)

by deleting Form 1 and substituting the following form:

FORM 1

Rule 14(1)