Statute Details
- Title: Fees (Attendance in Court) Order
- Act Code: FeA1920-OR48
- Legislation Type: Subsidiary legislation (SL)
- Authorising Act: Fees Act (Chapter 106, Section 2)
- Order Citation: “Fees (Attendance in Court) Order”
- Commencement: 1 April 1995 (as indicated in the legislative history)
- Current Status: Current version as at 27 March 2026
- Key Provisions (from extract): Section 2 (fees payable to Ministries and Departments for court attendance)
- Instrument Reference: G.N. No. S 149/1995; Revised Edition 1996 (15 May 1996)
What Is This Legislation About?
The Fees (Attendance in Court) Order is a Singapore subsidiary legal instrument made under the Fees Act (Cap. 106). In practical terms, it sets out how certain “attendance in court” fees are to be paid when specified government officers attend court for their duties. The Order is designed to operationalise a fee regime authorised by the Fees Act—ensuring that the relevant Ministries and Departments receive and administer the prescribed fees in a consistent manner.
Although the extract provided is brief, the structure is clear: the Order contains a citation provision and a core charging/payment provision. The charging/payment provision refers to a Schedule (not reproduced in the extract) that lists (i) the officers who are entitled to or are subject to the fee arrangement and (ii) the corresponding fees payable for each half-day’s attendance in court (or part thereof). The Order therefore functions as a mechanism for translating an authorised fee framework into specific, payable amounts and administrative destinations.
For lawyers and practitioners, the significance of this instrument lies in its role in determining the financial consequences of court attendance by certain categories of government officers. Even where the Order does not directly govern private litigants, it can affect how government agencies budget for court-related work, how costs are accounted for internally, and how fee entitlements or charges are administered within the public service.
What Are the Key Provisions?
Section 1 (Citation). The Order may be cited as the “Fees (Attendance in Court) Order.” While this appears purely formal, citation provisions matter in practice: they confirm the identity of the instrument and enable accurate reference in legal correspondence, internal government documentation, and any subsequent amendments or revisions.
Section 2 (Payment of fees to Ministries and Departments). This is the operative provision in the extract. Section 2 states that the fees set out in the second column of the Schedule “shall be paid to all Ministries and Departments of the Government (except the Singapore Armed Forces)” in respect of each half-day’s attendance in court or part thereof by the officers set out in the first column thereof. In plain language, the Order creates a rule that:
- There is a Schedule with at least two columns: one identifying officers and another setting out fees.
- The fees are payable for each half-day’s attendance in court (or for a portion of a half-day).
- The fees are payable to all Ministries and Departments of the Government, excluding the Singapore Armed Forces.
Meaning of “half-day’s attendance in court or part thereof”. The phrase “each half-day’s attendance in court or part thereof” indicates that the fee is time-based and granular. It implies that even if attendance does not cover a full half-day, a fee may still be payable for the portion attended. This is important for practitioners dealing with scheduling, attendance records, and internal claims or accounting. It also suggests that the Schedule likely provides a fee amount that applies to the relevant time unit, and that the administration of “part thereof” will follow the fee logic set out in the Schedule or internal guidance.
Who receives the fees: Ministries and Departments (excluding SAF). Section 2 specifies the payee institutions: “all Ministries and Departments of the Government (except the Singapore Armed Forces).” This carve-out is legally meaningful. It means that, for the categories of officers and attendance described in the Schedule, the fee payments are directed to civilian government entities rather than the Singapore Armed Forces. In practice, this may reflect different internal arrangements for the SAF, including separate fee or reimbursement systems.
Interplay with the Fees Act. The Order is made under the Fees Act (Cap. 106), Section 2. While the extract does not reproduce the Fees Act text, the reference indicates that the Fees Act provides the enabling authority for the Government to prescribe fees by subsidiary legislation. For a lawyer, this matters because it frames the Order as part of a broader statutory scheme: the Order is not merely administrative; it is legally binding as a form of delegated legislation. Any challenge to the fee regime would therefore likely need to consider the scope of the Fees Act’s authorisation.
How Is This Legislation Structured?
The Fees (Attendance in Court) Order is structured in a compact form, consistent with many fee orders. Based on the extract, it contains:
- Section 1: Citation provision.
- Section 2: Core payment rule, directing that the Schedule fees are payable to specified government entities for court attendance by specified officers, measured in half-day units (or part thereof).
- The Schedule: The substantive fee table. The extract indicates that the Schedule has at least two columns: the first column lists the officers, and the second column sets out the fees. The Schedule is therefore the key source for the actual amounts and categories.
Because the Schedule is not included in the extract, practitioners should consult the full current version (as at 27 March 2026) to identify the precise officer categories and the corresponding fee amounts. In fee instruments, the Schedule is typically where the legal and financial consequences are most concrete.
Who Does This Legislation Apply To?
The Order applies to (1) the officers listed in the Schedule and (2) the Ministries and Departments of the Government that are identified as the fee recipients. The operative provision in Section 2 directs payment to “all Ministries and Departments of the Government (except the Singapore Armed Forces).” This indicates that the Order’s payment destination is broad across civilian government agencies, but it excludes the SAF.
As for the officers, Section 2 ties the fee obligation to “each half-day’s attendance in court or part thereof by the officers set out in the first column” of the Schedule. Therefore, the Order does not apply uniformly to all persons who attend court. Instead, it applies only to the specific categories of officers enumerated in the Schedule. For legal practitioners advising government agencies or officers, the practical step is to confirm whether the relevant officer category falls within the Schedule and whether the attendance qualifies as “attendance in court” for the relevant time unit.
Why Is This Legislation Important?
Although the Fees (Attendance in Court) Order is short, it is operationally important because it establishes a legally enforceable fee payment framework for court attendance by specified government officers. In government practice, court attendance can involve significant administrative coordination—scheduling, attendance tracking, and internal claims or accounting. A fee order like this provides a standardised method for determining what fees are payable and to whom.
From an enforcement and compliance perspective, the Order’s mandatory language (“shall be paid”) indicates that the fee regime is not discretionary. If an agency or officer falls within the Schedule and the attendance meets the time criteria, the fee payment mechanism is triggered. This can affect internal budgeting, cost recovery, and audit trails.
Finally, the Order’s exclusion of the Singapore Armed Forces underscores that different public sector bodies may be subject to different fee arrangements. For practitioners advising on cross-agency matters—such as proceedings involving both civilian agencies and the SAF—this distinction can be relevant when determining which internal fee or reimbursement regime applies.
Related Legislation
- Fees Act (Cap. 106), Section 2 (authorising act)
Source Documents
This article provides an overview of the Fees (Attendance in Court) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.