Town Councils (Polling for Lift Upgrading Works) Rules 2005

No. S 772

Town Councils Act

(Chapter 329A)

Town Councils (Polling for Lift Upgrading Works) Rules 2005

In exercise of the powers conferred by section 24I (1) (a) and (b) and (2) of the Town Councils Act, the Minister for National Development hereby makes the following Rules:

PART I

PRELIMINARY

Citation and commencement

1. These Rules may be cited as the Town Councils (Polling for Lift Upgrading Works) Rules 2005 and shall come into operation on 5th December 2005.

Definitions

2.—(1) In these Rules, unless the context otherwise requires —

“beneficiary flat”, in relation to any lift upgrading works, means a flat prescribed in rule 3 to be a beneficiary flat in relation to those lift upgrading works;

“building” means a building comprising wholly residential flats and includes a part of a building comprising wholly residential flats;

“chief polling officer” means the chief polling officer appointed under rule 18(1)(a) and includes a deputy chief polling officer appointed under rule 18(2);

“daily statement of the poll” means the statement prepared in respect of any polling day under rule 34(1)(b) or 44(1)(a), as the case may be;

“electronic polling machine” means any mechanical, electronic or electro-optical machine that can —

(a)	be activated by a voter to mark or record his vote for or against any proposal regarding lift upgrading works, as the case may be, on a polling display on the machine;
(b)	process the vote and the value in the vote by means of a computer program;
(c)	instantaneously record and store that vote and the value in that vote within a memory device within the machine; and
(d)	sort and count votes and the value in the votes marked or recorded on all polling displays on that machine,

and includes any computer program that is used in the operation of the machine;

“electronic polling system” means any polling system using electronic polling machines;

“HDB” means the Housing and Development Board established under the Housing and Development Act (Cap. 129);

“list of proxies” means the list of proxies prepared under rule 17;

“poll” means a poll conducted under section 24C(1) of the Act with a view to establishing the opinion of owners of beneficiary flats within a precinct about any proposal by the Town Council to carry out lift upgrading works in buildings within that precinct;

“polling day” means any day on which a poll is taken;

“polling display” means an on-screen electronic video display, image or representation of a polling paper;

“polling place”, in relation to a poll, means the place at which the poll is to be taken;

“register” means the register of owners of beneficiary flats prepared and maintained (whether in paper or electronic form) under rule 4;

“registered owner” means any person whose name is entered in a register;

“residential flat” means a flat which is permitted to be used pursuant to the Planning Act (Cap. 232) or any other written law wholly for the purpose of human habitation, and “non-residential flat” means any flat other than a residential flat;

“scrutineer” means a scrutineer appointed under rule 18(1)(b) for the purposes of a poll;

“Singapore corporation” means —

(a)	any body corporate established by any written law;
(b)	any company incorporated in Singapore, one of whose members is either a citizen of Singapore or a company incorporated in Singapore one of whose members is a citizen of Singapore, and so on; or
(c)	any society, co-operative society, trade union, mutual benefit organisation or other organisation formed or constituted in Singapore, one of whose members or trustees is a citizen of Singapore;

“voter” means a person who applies to vote or votes at a poll, whether or not he is a registered owner.

(2) Any reference in these Rules to the commencement of a poll shall be a reference to the first polling day of the poll.

(3) For the purposes of these Rules, the seniority of joint owners of any flat shall be determined by the order in which the names of the joint owners appear in the register.

(4) For the purposes of these Rules, a person or group of persons shall be regarded as the common registered owner of more than one flat if, and only if —

(a)	he is the sole registered owner of each of the flats; or
(b)	the group comprises persons who are the same joint registered owners of each of the flats and whose shares and interests in each of those flats are the same, whether equal or unequal.

(5) For the avoidance of doubt, a polling display need not resemble a polling paper provided that it contains all information necessary to enable a voter to mark or record his vote for or against any proposal regarding the lift upgrading works.

Beneficiary flats and lift upgrading works

3.—(1) In these Rules, lift upgrading works in a building shall include all works necessary or ancillary to installing any lift or lift landing, or any additional lift or lift landing, in the building.

(2) For the purposes of these Rules, the beneficiary flats in relation to any lift upgrading works in a building shall be all residential flats in that building other than —

(a)

flats on the ground level;

(b)

flats on the same level of such lift landings as are existing in that building before the commencement of the poll relating to those lift upgrading works; and

(c)

flats which, after the completion of those lift upgrading works —

(i)	are at least one whole storey above or below any lift landing in that building; or
(ii)	are in a part of the building to which there is no direct access from any level (other than ground level) of the building where the lift upgrading works are carried out.

Made this 28th day of November 2005.

TAN TEE HOW

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 311/4-146 Pt 59 Vol. 24; AG/LEG/SL/329A/2002/18 Vol.1]

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