Statute Details
- Title: Co-operative Societies (Exemption under Section 97) (No. 6) Order 2010
- Act Code: CSA1979-S603-2010
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Co-operative Societies Act (Cap. 62), section 97
- Enacting Minister: Minister for Community Development, Youth and Sports
- Citation: Co-operative Societies (Exemption under Section 97) (No. 6) Order 2010
- Commencement: 21 October 2010
- Key Provision(s): Section 2 (Exemption)
- Current Status: Current version as at 27 Mar 2026
- Latest Amendment Noted: Amended by S 963/2024 with effect from 1 January 2025
What Is This Legislation About?
The Co-operative Societies (Exemption under Section 97) (No. 6) Order 2010 is a targeted exemption order made under the Co-operative Societies Act (Cap. 62). In plain terms, it allows a specific co-operative society—NTUC Foodfare Co-operative Limited—to be treated differently from the general rule that would otherwise restrict who may be a member of a “secondary society”.
Under the Co-operative Societies Act, the regulatory framework distinguishes between different categories of co-operative entities and imposes membership restrictions to ensure that secondary societies are composed of appropriate types of organisations. This Order operates as a narrow carve-out: it does not rewrite the Act generally, but instead grants an exemption from a particular statutory requirement.
Practically, the Order matters because membership rules can affect governance, eligibility, and compliance obligations. For lawyers advising co-operative societies, the exemption is a compliance “switch”: it determines whether NTUC Foodfare must follow the default membership restriction in section 39(2) of the Act, or whether it can participate without that restriction.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identity and effective date of the Order. It states that the Order may be cited as the Co-operative Societies (Exemption under Section 97) (No. 6) Order 2010 and that it came into operation on 21 October 2010. For practitioners, this is important when assessing historical compliance—whether the exemption applied at the relevant time for acts, transactions, or membership decisions.
Section 2 (Exemption) is the substantive provision. It exempts NTUC Foodfare Co-operative Limited from the requirement in section 39(2) of the Co-operative Societies Act that membership in any secondary society is to be restricted to registered co-operative societies, trade unions and platform work associations.
To understand the legal effect, it is helpful to break down what the default rule likely does. Section 39(2) sets a membership eligibility constraint for secondary societies. In general, such a restriction prevents secondary societies from having members outside the specified categories. The exemption order, however, removes that constraint for NTUC Foodfare in relation to the relevant requirement.
Scope and limits of the exemption. The Order is drafted narrowly. It names a single entity—NTUC Foodfare Co-operative Limited—and exempts it from a specific statutory requirement. It does not purport to exempt other co-operatives, nor does it provide a general exemption for all secondary societies. Accordingly, the exemption should be interpreted strictly according to its text: it applies to the named society and to the particular requirement in section 39(2).
Effect of the 2024 amendment (S 963/2024, w.e.f. 1 January 2025). The extract indicates that the Order was amended by S 963/2024 with effect from 1 January 2025. While the provided text does not specify the exact amendment mechanics, the presence of the amendment suggests that the exemption order’s wording, referencing, or application may have been updated to reflect legislative changes or administrative corrections. For legal work, this means counsel should confirm the current consolidated text as at the relevant date of advice or transaction, and not rely solely on the 2010 version.
How Is This Legislation Structured?
This Order is extremely concise and consists of an Enacting Formula followed by two operative provisions:
(1) Section 1: Citation and commencement. This section establishes the legal identity of the instrument and the date it took effect.
(2) Section 2: Exemption. This is the only substantive section and it identifies the exempted entity (NTUC Foodfare Co-operative Limited) and the specific statutory requirement from which it is exempt (the section 39(2) membership restriction for secondary societies).
There are no schedules, definitions, or additional procedural requirements in the extract. The instrument is therefore best understood as a targeted legal tool rather than a comprehensive regulatory scheme.
Who Does This Legislation Apply To?
The Order applies directly to NTUC Foodfare Co-operative Limited. The exemption is entity-specific: it relieves that society from complying with the particular requirement in section 39(2) of the Co-operative Societies Act concerning membership restrictions for secondary societies.
Indirectly, the Order may also be relevant to other parties involved in the governance and membership arrangements of the relevant secondary society context—such as officers, members, and other co-operative entities—because membership eligibility rules often affect board decisions, membership applications, and compliance reporting. However, the legal exemption is not drafted as a general rule for all societies; it is a carve-out for the named society.
Why Is This Legislation Important?
Although the Order is short, it can have significant practical consequences. Membership restrictions in co-operative legislation are not merely administrative; they can affect whether a society’s membership structure is lawful, whether decisions are valid, and whether there is exposure to regulatory action for non-compliance. By granting an exemption, the Order provides legal certainty to NTUC Foodfare in relation to the specified requirement.
From a compliance perspective, the exemption reduces the risk of breach of section 39(2) for the exempted society. For practitioners advising on membership admissions, constitutional documents, or resolutions relating to secondary society membership, the exemption can be decisive. It may also influence how internal policies are drafted—e.g., whether eligibility checks must be performed against the categories listed in section 39(2) or whether the exemption permits a different approach for NTUC Foodfare.
From a governance and transactional perspective, the exemption may be relevant when reviewing historical membership records or validating decisions taken during the period the exemption was in force. Where membership eligibility is challenged, counsel will typically examine the statutory framework and any applicable subsidiary legislation. This Order is precisely the kind of instrument that can resolve disputes about whether a particular membership arrangement complied with the Act.
Finally, the amendment noted in S 963/2024 (effective 1 January 2025) underscores the importance of version control. Even when an exemption order appears stable, amendments can adjust its wording or effect. Lawyers should therefore verify the consolidated text as at the relevant date and ensure that advice reflects the current legal position.
Related Legislation
- Co-operative Societies Act (Cap. 62) — in particular:
- Section 97 (power to make exemption orders)
- Section 39(2) (membership restriction for secondary societies)
- S 963/2024 — amendment to this Order with effect from 1 January 2025
- SL 603/2010 — the original subsidiary legislation citation for this Order
Source Documents
This article provides an overview of the Co-operative Societies (Exemption under Section 97) (No. 6) Order 2010 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.