Statute Details
- Title: Co-operative Societies (Exemption under Section 97) (No. 2) Order 2018
- Act Code: CSA1979-S463-2018
- Legislative Type: Subsidiary Legislation (SL)
- Authorising Act: Co-operative Societies Act (Chapter 62)
- Enacting Authority: Minister for Culture, Community and Youth
- Enacting Formula / Power: Made under section 97 of the Co-operative Societies Act
- Citation and Commencement: Comes into operation on 16 July 2018
- Status: Current version as at 27 March 2026
- Key Provisions: (1) Citation and commencement; (2) Exemption from section 57(3) for 5 years; (3) Revocation of the 2013 exemption order
- Relevant Exempted Societies (section 2): NTUC Choice Homes Co-operative Limited; NTUC Enterprise Co-operative Limited; NTUC Fairprice Co-operative Limited; NTUC First Campus Co-operative Limited; NTUC Foodfare Co-operative Limited; NTUC Health Co-operative Limited; NTUC LearningHub Co-operative Limited; Mercatus Co-operative Limited
- Duration of Exemption: 5 years from 16 July 2018
- Revocation: Co-operative Societies (Exemption under Section 97) (No. 2) Order 2013 (G.N. No. S 688/2013)
- Publication / SL Number: SL 463/2018 (dated 16 Jul 2018)
- Made Date: 11 July 2018 (signed by TAN GEE KEOW, Permanent Secretary, MCCY)
What Is This Legislation About?
The Co-operative Societies (Exemption under Section 97) (No. 2) Order 2018 is a targeted exemption order made under the Co-operative Societies Act (Chapter 62). In plain terms, it temporarily relieves certain specified co-operative societies from complying with a particular statutory requirement found in section 57(3) of the Act.
Although the Order is short, its legal effect can be significant for the governance and compliance obligations of the named societies. The Order does not rewrite the Act; instead, it creates a limited carve-out that applies to the listed co-operatives for a defined period.
The Order’s scope is narrow: it identifies eight co-operative societies and grants them an exemption for five years, starting from 16 July 2018. It also revokes an earlier exemption order from 2013, thereby replacing the prior arrangement with the new 2018 exemption.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identification of the instrument and states when it takes effect. The Order is cited as the “Co-operative Societies (Exemption under Section 97) (No. 2) Order 2018” and comes into operation on 16 July 2018. For practitioners, the commencement date matters because it determines when the exemption begins and, correspondingly, when it ends (subject to any further extension or replacement).
Section 2 (Exemption from section 57(3) of Act) is the operative provision. It states that the listed societies are exempted from section 57(3) of the Co-operative Societies Act for a period of 5 years, with effect from 16 July 2018. The provision is explicit that the exemption is time-bound and applies only to the named societies.
From a compliance perspective, the practical question for any affected society is: what does section 57(3) require? While the extract provided does not reproduce section 57(3), the exemption order signals that section 57(3) imposes a requirement that would otherwise apply to co-operative societies. The exemption order therefore authorises the societies to operate without meeting that particular requirement during the exemption period.
The named societies are predominantly associated with the NTUC co-operative ecosystem and one additional entity: Mercatus Co-operative Limited. Specifically, the exempted societies are: (a) NTUC Choice Homes Co-operative Limited; (b) NTUC Enterprise Co-operative Limited; (c) NTUC Fairprice Co-operative Limited; (d) NTUC First Campus Co-operative Limited; (e) NTUC Foodfare Co-operative Limited; (f) NTUC Health Co-operative Limited; (g) NTUC LearningHub Co-operative Limited; and (h) Mercatus Co-operative Limited.
Section 3 (Revocation) provides that the earlier exemption order—Co-operative Societies (Exemption under Section 97) (No. 2) Order 2013 (G.N. No. S 688/2013)—is revoked. This is legally important because it clarifies that the 2013 exemption is no longer the governing instrument. In effect, the 2018 Order replaces the 2013 Order, aligning the exemption regime with the new five-year period commencing on 16 July 2018.
For lawyers advising on continuity, revocation can affect how compliance obligations are assessed across time. If a society relied on the 2013 exemption, the revocation indicates that the legal basis for any exemption must be traced to the 2018 Order for the period it covers. Where there is any overlap or gap, the commencement and duration language in section 2 becomes critical.
How Is This Legislation Structured?
This Order is structured in a conventional, minimal format for exemption instruments. It contains:
(i) Enacting formula (introductory authority): confirms that the Minister acts under section 97 of the Co-operative Societies Act.
(ii) Section 1: citation and commencement date.
(iii) Section 2: the substantive exemption, including the duration (five years) and the effective date (16 July 2018), and the list of exempted societies.
(iv) Section 3: revocation of the earlier 2013 exemption order.
There are no schedules or additional conditions in the extract. That absence is itself notable: the exemption is granted directly and plainly, without expressly attaching operational conditions (at least within the text provided). However, practitioners should still verify whether the underlying Act or other subsidiary legislation imposes alternative requirements that remain applicable notwithstanding the exemption.
Who Does This Legislation Apply To?
The exemption applies only to the specific co-operative societies named in section 2. It does not create a general exemption for all co-operatives, nor does it apply to societies not listed. Accordingly, the Order is best understood as a bespoke regulatory relief instrument.
In practice, the relevant “audience” includes: (1) the management and compliance officers of the exempted societies; (2) their legal advisers; and (3) regulators or auditors assessing whether statutory requirements have been met. For any society not listed, the exemption is not available, and section 57(3) would continue to apply in full (subject to any other exemptions or amendments).
Why Is This Legislation Important?
Even though the Order is brief, it can materially affect governance and compliance. Exemptions under an Act are often granted to accommodate particular circumstances—such as structural arrangements, operational models, or transitional regulatory considerations—while still preserving the overall regulatory framework of the Act.
For the exempted societies, the Order provides legal certainty that, for the five-year period from 16 July 2018, they are not required to comply with the specific requirement in section 57(3). This can reduce the risk of enforcement action, administrative penalties, or compliance breaches that might otherwise arise from strict application of the Act.
From an enforcement and litigation standpoint, exemption orders are also crucial because they define the boundary between lawful non-compliance and breach. If a regulator alleges non-compliance with section 57(3), the society’s defence would typically rely on the existence, scope, and duration of the exemption. Therefore, practitioners should ensure that the exemption is properly identified, that the society is among the listed entities, and that the relevant conduct occurred within the exemption period.
Finally, the revocation of the 2013 Order underscores that exemption regimes can change over time. Advisers should not assume that an earlier exemption continues indefinitely; instead, they should confirm the current legal instrument and its effective dates. The “current version as at 27 March 2026” status indicates that the document remains the operative text in the legislation database, but the exemption itself is expressly limited to five years from 16 July 2018. Practitioners should therefore check whether any subsequent exemption orders were made after the expiry of the 2018 period.
Related Legislation
- Co-operative Societies Act (Chapter 62) — in particular section 57(3) (the provision exempted) and section 97 (the enabling power for exemption orders).
- Co-operative Societies (Exemption under Section 97) (No. 2) Order 2013 — G.N. No. S 688/2013 (revoked by section 3 of the 2018 Order).
Source Documents
This article provides an overview of the Co-operative Societies (Exemption under Section 97) (No. 2) Order 2018 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.