Statute Details
- Title: Order under Section 11(3)
- Act Code: RELA1983-S250-1997
- Type: Subsidiary Legislation (SL)
- Legislation Status: Current version as at 27 Mar 2026
- Commencement / Effective Date: 30 May 1997
- Authorising Act: Revised Edition of the Laws Act (Cap. 275)
- Key Legal Mechanism: Presidential order declaring the loose-leaf edition as the sole and proper law for specified Acts
- Instrument Reference: No. S 250
- Gazette / Publication Date (as shown): 30 May 1997 (SL 250/1997)
- Enacting Formula / Date: Dated 29 April 1997
What Is This Legislation About?
This instrument is a Presidential order made under section 11(3) of the Revised Edition of the Laws Act (Cap. 275). In plain language, it addresses a technical but highly consequential question: when Singapore publishes a revised edition of the laws in loose-leaf form, which version counts as the proper law that courts must apply?
The order confirms that the loose-leaf edition of the Acts listed in the Schedule (as published by the Law Revision Commissioners) becomes, with effect from 30 May 1997, the sole and only proper law of Singapore for those Acts. This is not a substantive reform of policy or rights; rather, it is a legal validity and citation mechanism ensuring that the authoritative text used in litigation and legal practice is consistent and up to date as at the relevant cut-off date.
For practitioners, the practical impact is that once such an order is in force, reliance on older printings or unofficial compilations can create avoidable risk. The order therefore functions as a foundation for legal certainty—courts and lawyers can treat the specified loose-leaf edition as the definitive statutory text for the Acts covered.
What Are the Key Provisions?
1. The statutory “whereas” framework
The order begins with recitals explaining the legislative process under the Revised Edition of the Laws Act. It states that, pursuant to section 10 of the Act, the Law Revision Commissioners have published certain Acts in loose-leaf form as they were in force on 5 May 1997. This recital is important because it identifies the temporal reference point for the content of the loose-leaf edition.
It then explains the purpose of section 11(3): the Commissioners must transmit copies of the loose-leaf editions to the President, and the President may, by order published in the Gazette, specify that those loose-leaf editions shall be the sole and only proper law in all courts and for all purposes.
2. The operative declaration: “sole and only proper law”
The core operative provision is the President’s declaration. The order provides that the loose-leaf edition of the Acts set out in the Schedule shall, with effect from 30 May 1997, be the sole and only proper law of Singapore in respect of those Acts.
This phrase—“sole and only proper law”—is the legal pivot. It means that for the Acts covered, the loose-leaf edition is not merely authoritative; it is the exclusive proper legal text for courts to apply. In practice, this helps prevent disputes about which version is controlling (for example, whether an earlier consolidated edition, a different compilation, or a prior printing remains usable as “proper law”).
3. Effective date and continuity
The order specifies an effective date of 30 May 1997. This matters for practitioners dealing with transitional issues such as: (i) whether a particular amendment was already incorporated in the loose-leaf edition; and (ii) whether the statutory text relied upon in pleadings or submissions should reflect the version in force at the relevant time.
While the order itself is about the status of the text as “proper law,” the effective date helps align the authoritative publication with the legal system’s need for a single controlling version. The recitals also indicate that the loose-leaf edition reflects the Acts “as in force on 5 May 1997,” which can be relevant when determining whether a change occurred between 5 May and 30 May 1997.
4. Schedule-driven scope (what Acts are covered)
Although the extract provided does not reproduce the Schedule content, the legal structure is clear: the order applies to the Acts set out in the Schedule. The Schedule is therefore the determinant of scope. For a lawyer, the first step in using this instrument is to identify the specific Acts listed in the Schedule and then confirm that the loose-leaf edition for those Acts is the controlling text.
Because the Schedule is central, practitioners should treat this order as a scope-limiting instrument. The order does not automatically redefine all legislation; it only elevates the loose-leaf editions of the specified Acts to sole and proper law status.
How Is This Legislation Structured?
This instrument is structured in a straightforward manner typical of orders under the Revised Edition of the Laws Act:
(1) Enacting formula and recitals: The order includes a formal enacting formula and “whereas” statements describing the Law Revision Commissioners’ publication under section 10 and the President’s power under section 11(3).
(2) The Schedule: The Schedule identifies the Acts whose loose-leaf editions are being declared the sole and proper law. In practice, the Schedule is the most important part for legal research because it determines which statutes are affected.
(3) Operative declaration: The order states the effective date and the legal consequence—“sole and only proper law” in all courts and for all purposes.
(4) Formalities: The order includes the date of signing and the signature block (as shown, by the Secretary to the Cabinet on behalf of the President, consistent with the instrument’s form).
Who Does This Legislation Apply To?
Although the order is addressed to the legal system rather than to a class of regulated persons, it applies broadly to all courts and all purposes within Singapore’s legal framework. That includes judges, registrars, legal practitioners, and litigants who need to cite and apply statutory provisions.
Substantively, its effect is limited to the Acts listed in the Schedule. For those Acts, the loose-leaf edition specified by the order is the controlling statutory text. For Acts not in the Schedule, the order does not itself confer “sole and only proper law” status; other legal sources (including subsequent revisions, amendments, and other orders) would govern.
Why Is This Legislation Important?
At first glance, an order under section 11(3) may appear procedural. However, it is crucial for legal certainty and the integrity of statutory interpretation. Courts must apply the law as it is properly constituted. By declaring the loose-leaf edition as the sole and only proper law, the order reduces the risk of conflicting statutory texts being cited in litigation.
For practitioners, the importance is practical: when preparing submissions, drafting pleadings, or advising clients, lawyers must ensure that the statutory provisions relied upon are drawn from the authoritative version. If a lawyer cites an outdated compilation, the opposing party may challenge the accuracy of the text, or the court may require correction. This order helps eliminate such uncertainty for the Acts it covers.
Additionally, the order supports the legal system’s ability to manage large-scale revisions. The Revised Edition of the Laws Act provides a structured approach for law revision and publication. Orders like this one are the mechanism that “locks in” the revised text as the proper law, ensuring that the revision process results in a stable and usable legal reference for decades of practice.
Related Legislation
- Revised Edition of the Laws Act (Chapter 275) — in particular:
- Section 10 (publication of Acts in loose-leaf form by the Law Revision Commissioners)
- Section 11(3) (President’s power to declare the loose-leaf edition as sole and only proper law)
- Timeline / Amendment history for RELA1983-S250-1997 (to confirm the current version status as at 27 Mar 2026)
Source Documents
This article provides an overview of the Order under Section 11(3) for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.