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Singapore

Order under Section 11(3)

Overview of the Order under Section 11(3), Singapore sl.

Statute Details

  • Title: Order under Section 11(3)
  • Act Code: RELA1983-S338-2009
  • Legislation Type: Subsidiary legislation (SL)
  • Authorising Act: Revised Edition of the Laws Act (Cap. 275)
  • Key Provision (authorising power): Section 11(3) of the Revised Edition of the Laws Act
  • Instrument Date: 9 July 2009
  • Gazette/Publication Reference: SL 338/2009
  • Status: Current version as at 27 Mar 2026
  • Commencement / Effective Date: 31 July 2009 (for the specified Acts in the Schedule)
  • Schedule: Contains the Acts covered by the loose-leaf publication (not reproduced in the extract)

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 terms, it is a mechanism to “lock in” the legal authority of a particular revised set of laws—specifically, the loose-leaf edition of Acts published by the Law Revision Commissioners.

The order addresses a practical legal problem: when laws are revised and reissued in a new format (such as loose-leaf editions), courts and legal practitioners need certainty about which version counts as the “proper law” of Singapore. Without a formal order, there could be ambiguity as to whether the revised loose-leaf compilation is authoritative, or whether older printed editions remain the controlling legal text.

Accordingly, the order states that, with effect from 31 July 2009, the loose-leaf edition of the Acts set out in the Schedule shall be the sole and only proper law of Singapore “in respect of those Acts” for all courts and for all purposes. The instrument is therefore not a substantive law reform measure; it is an authoritative publication/validation order ensuring continuity and legal certainty.

What Are the Key Provisions?

1. The “Whereas” recitals: publication and transmission framework. The order begins with recitals explaining the statutory process under the Revised Edition of the Laws Act. First, it notes that, pursuant to section 10, the Law Revision Commissioners have published in loose-leaf form the Acts set out in the Schedule as in force on 1 July 2009. Second, it notes that section 11(3) provides that the Commissioners shall transmit to the President a copy of the loose-leaf edition of each of these Acts.

2. The President’s power to designate the authoritative version. The recitals then describe the core legal effect of section 11(3): the President may, by order published in the Gazette, specify that the loose-leaf edition of these Acts shall be the sole and only proper law of Singapore in respect of those Acts. This is a constitutional/administrative validation step that gives the revised loose-leaf text the status of the controlling legal text.

3. The operative clause: “sole and only proper law”. The operative part of the order is straightforward and decisive. It provides that the loose-leaf edition of the Acts in the Schedule shall, with effect from 31 July 2009, be the sole and only proper law of Singapore in respect of those Acts. The phrase “in all courts and for all purposes” further confirms that the designation is comprehensive: it applies to judicial proceedings, administrative decision-making, and any other legal context where the “proper law” of Singapore must be identified.

4. Date and authentication. The order is dated 9 July 2009 and signed “By Command” by the Secretary to the Cabinet, Singapore. The instrument also includes an internal reference (e.g., [AG/LLRD/1/2009]), which is typical of Singapore legislative instruments and assists in administrative tracking.

How Is This Legislation Structured?

Although the extract shows only a short text, the structure is typical of an order made under the Revised Edition of the Laws Act. The instrument comprises:

(a) Enacting formula (the formal legal statement that the President makes the order);

(b) “Whereas” recitals explaining the statutory background and the steps taken by the Law Revision Commissioners; and

(c) The operative provision stating the effective date and the legal consequence (that the loose-leaf edition becomes the sole and only proper law).

It also contains a Schedule, which is crucial in practice because it identifies the specific Acts covered by the order. While the extract does not reproduce the Schedule contents, practitioners should treat the Schedule as the definitive scope of what is being validated.

Who Does This Legislation Apply To?

This order applies to courts and all legal purposes in Singapore, because it is expressly framed to govern what constitutes the “proper law” of Singapore for the Acts in the Schedule. In effect, it binds the legal system to treat the loose-leaf edition as authoritative.

Although the order is addressed to the legal community indirectly (through courts and legal processes), the immediate operational effect is on any person or institution who must determine the applicable law—lawyers, litigants, government agencies, tribunals, and enforcement bodies. For those actors, the order removes doubt about which version of the Acts should be relied upon after 31 July 2009.

Why Is This Legislation Important?

Even though this instrument does not change substantive rights or obligations, it is highly important for legal practice because it determines the authoritative legal text. In litigation and legal advice, the correct identification of the governing statute is foundational. If a practitioner relies on an outdated edition, there is a risk of citing provisions that are not the “proper law” as recognised by the legal system.

The order’s “sole and only proper law” language is designed to eliminate version conflicts. By specifying that the loose-leaf edition is the controlling text for the Acts listed in the Schedule, the order ensures that courts can apply the law without needing to reconcile multiple competing compilations. This supports legal certainty, consistency in judicial interpretation, and efficient legal research.

From an enforcement and compliance perspective, the order also matters. Government agencies and statutory bodies often rely on published legislation for regulatory decisions, licensing, and compliance actions. The order provides a clear reference point for what the law is, thereby reducing procedural and substantive challenges based on alleged misidentification of the governing statute.

Finally, the instrument illustrates the broader legislative architecture in Singapore for law revision and consolidation. The Revised Edition of the Laws Act provides a structured pathway: revision by the Law Revision Commissioners, publication in loose-leaf form, transmission to the President, and then a Gazette order that confers authoritative status. Practitioners should be aware of this pathway because it affects how and when legal texts become “proper law”.

  • Revised Edition of the Laws Act (Chapter 275) — in particular, sections 10 and 11(3)
  • Acts set out in the Schedule — the specific Acts whose loose-leaf editions are validated by this order (not listed in the provided extract)

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.

Written by Sushant Shukla

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