Statute Details
- Title: Co-operative Societies (Exemption under Section 97) (No. 2) Order 2018
- Act Code: CSA1979-S463-2018
- Type: Subsidiary Legislation (SL)
- Authorising Act: Co-operative Societies Act (Cap. 62)
- Enacting Authority: Minister for Culture, Community and Youth
- Enacting Formula Basis: Powers under section 97 of the Co-operative Societies Act
- Citation: SL 463/2018
- Commencement: 16 July 2018
- Key Provisions: Section 2 (exemption from section 57(3)); Section 3 (revocation)
- Duration of Exemption: 5 years from 16 July 2018
- Status (as provided): Current version as at 27 Mar 2026
What Is This Legislation About?
The Co-operative Societies (Exemption under Section 97) (No. 2) Order 2018 is a Singapore subsidiary legislation made under the Co-operative Societies Act (Cap. 62). In practical terms, it grants specific co-operative societies an exemption from complying with a particular statutory requirement found in section 57(3) of the Co-operative Societies Act. The exemption is not open-ended: it is limited to a defined list of societies and applies for a fixed period.
Orders of this kind are typically used where the legislature recognises that certain societies—because of their structure, operations, or regulatory context—may be subject to a requirement that is not necessary or not appropriate for them to follow in the same way as other societies. Rather than amending the primary Act, the Minister uses the exemption power in section 97 to tailor compliance obligations.
Accordingly, this Order does not create a new regulatory regime. It operates as a targeted “carve-out” from a specific provision. The legal effect is that, for the specified period, the listed societies are relieved from the obligation imposed by section 57(3) of the Co-operative Societies Act, subject to the terms and duration stated in the Order.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identity of the instrument and when it takes effect. The Order is cited as the “Co-operative Societies (Exemption under Section 97) (No. 2) Order 2018” and it comes into operation on 16 July 2018. For practitioners, commencement is crucial because the exemption only begins once the Order is effective; any compliance issues arising before that date would not be covered by the exemption.
Section 2 (Exemption from section 57(3) of Act) is the operative provision. It states that the following 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:
(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;
(h) Mercatus Co-operative Limited.
Although the extract provided does not reproduce the text of section 57(3) itself, the legal mechanism is clear: the exemption suspends the application of that subsection to the listed societies during the specified 5-year window. In legal practice, the key questions are (i) what section 57(3) requires, (ii) whether the exemption is total or partial (the wording indicates a full exemption from that subsection), and (iii) what happens after the 5-year period ends—i.e., whether the societies must then comply with section 57(3) unless a further exemption is granted.
Section 3 (Revocation) provides that the earlier exemption instrument, the “Co-operative Societies (Exemption under Section 97) (No. 2) Order 2013 (G.N. No. S 688/2013)”, is revoked. Revocation matters because it clarifies that the 2018 Order replaces the 2013 Order rather than co-existing with it. Practitioners should therefore treat the 2018 Order as the controlling exemption instrument for the relevant period starting 16 July 2018.
From a compliance standpoint, revocation also reduces ambiguity. If a society previously relied on the 2013 exemption, the revocation indicates that the legal basis for any exemption after the effective date is the 2018 Order. Where there are transitional questions (for example, whether any actions taken during the overlap period were valid), the commencement and revocation clauses help determine the correct legal framework.
How Is This Legislation Structured?
This Order is structured in a straightforward, three-section format typical of exemption orders:
Section 1 sets out the citation and commencement—the date from which the Order takes effect.
Section 2 contains the substantive exemption, identifying the societies and specifying the duration and the statutory provision from which they are exempted.
Section 3 provides revocation of an earlier related exemption order.
There are no schedules or complex procedural steps in the extract. The instrument’s legal work is done by naming the affected societies, specifying the exemption target (section 57(3)), and defining the time period (five years from 16 July 2018).
Who Does This Legislation Apply To?
The exemption applies only to the specific co-operative societies named in section 2. It is not a general exemption for all co-operative societies, nor does it apply based on criteria such as size, membership numbers, or sector. The Order is therefore best understood as a society-specific regulatory relief.
In addition, the exemption is limited in time. Even for the named societies, the exemption applies only for 5 years from 16 July 2018. After that period, the societies would generally be expected to comply with section 57(3) unless another exemption is granted or the primary law is amended. Practitioners advising these societies should therefore diarise the expiry date and confirm whether any renewal or replacement order exists.
Why Is This Legislation Important?
Although this Order is brief, it can have significant operational and governance implications for the societies listed. Exemptions from provisions in the Co-operative Societies Act can affect how societies structure their internal affairs, reporting, member-related processes, or other compliance obligations—depending on what section 57(3) requires. For counsel, the practical importance lies in ensuring that the society’s compliance posture aligns with the exemption’s scope and duration.
From an enforcement perspective, the exemption provides a legal defence against regulatory action for non-compliance with the exempted subsection during the exemption period. However, it does not necessarily excuse non-compliance with other provisions of the Act or with conditions that may apply under other regulatory instruments. Accordingly, practitioners should treat the exemption as targeted—it relieves compliance with section 57(3) only, not with the entire Act.
Finally, the revocation of the 2013 Order underscores that exemption regimes in Singapore can be time-bound and periodically refreshed. The 2018 Order indicates a continuation or reconfiguration of exemption policy for the named societies, but with a new legal instrument and a new five-year window. This is important for corporate governance documentation: board resolutions, compliance manuals, and regulatory filings should reference the correct legal basis for the exemption in force at the relevant time.
Related Legislation
- Co-operative Societies Act (Cap. 62) — in particular section 97 (exemption power) and section 57(3) (the provision exempted)
- Co-operative Societies (Exemption under Section 97) (No. 2) Order 2013 (G.N. No. S 688/2013) — revoked by this 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.