Statute Details
- Title: Order under Section 11(3)
- Legislation Type: Subsidiary legislation (SL)
- Act Code: RELA1983-S338-2009
- Authorising Act: Revised Edition of the Laws Act (Cap. 275)
- Commencement / Effective Date: 31 July 2009 (as stated in the Order)
- Gazette Publication: Order published in the Gazette (as reflected in the enacting formula)
- Status: Current version as at 27 Mar 2026 (per the extract)
- Key Provision (by reference): Section 11(3) of the Revised Edition of the Laws Act
- Schedule: Contains the Acts specified by the Law Revision Commissioners (the extract indicates “Acts set out in the Schedule” but does not reproduce the list)
- Enacting Authority: President of Singapore
- Date of Order: 9 July 2009
- Document Identifier: S 338/2009 (SL 338/2009)
What Is This Legislation About?
This instrument is an Order made by the President of Singapore under section 11(3) of the Revised Edition of the Laws Act (Cap. 275). In practical terms, it deals with a technical but highly consequential issue: which version of certain Acts counts as the “proper law” of Singapore for use in courts and for all legal purposes.
The Order is linked to the Law Revision Commissioners’ process of publishing Acts in loose-leaf form. The extract states that, pursuant to section 10 of the Revised Edition of the Laws Act, the Commissioners published in loose-leaf form the Acts set out in the Schedule “as in force on 1st July 2009”. The President then uses the mechanism in section 11(3) to confirm that this loose-leaf edition becomes the authoritative legal text.
Accordingly, the Order does not create new substantive offences, rights, or regulatory regimes by itself. Instead, it validates and “locks in” the legal authority of a particular revised edition of specified Acts. For practitioners, this matters because legal arguments, citations, and reliance on statutory wording must be grounded in the correct version of the law.
What Are the Key Provisions?
1. The “Whereas” recitals and the legislative pathway
The Order begins with recitals that explain the statutory pathway. It notes that the Law Revision Commissioners have published in loose-leaf form the Acts set out in the Schedule as at 1 July 2009. It further states that section 11(3) of the Revised Edition of the Laws Act provides that the Commissioners shall transmit a copy of the loose-leaf edition to the President, and that the President may then, by order published in the Gazette, specify that the loose-leaf edition shall be the sole and only proper law of Singapore in respect of those Acts.
For lawyers, these recitals are not merely background. They demonstrate that the President’s power is exercised only after the Commissioners have completed the loose-leaf publication and transmission process. This helps confirm procedural legitimacy and supports the reliability of the resulting “proper law” designation.
2. The operative clause: “sole and only proper law”
The core operative statement is that the President orders that the loose-leaf edition of the Acts set out in the Schedule shall, with effect from 31 July 2009, be the sole and only proper law of Singapore in respect of those Acts.
This phrase—“sole and only proper law”—is legally significant. It indicates that, for the specified Acts, the loose-leaf edition is not just an official reference or a convenient compilation; it is the definitive authoritative text for “all courts and for all purposes”. In other words, it displaces any competing versions for the relevant Acts as of the effective date.
3. Effective date and temporal certainty
The Order specifies that the designation takes effect from 31 July 2009. This creates a clear temporal boundary for practitioners. When advising clients, drafting submissions, or preparing pleadings, counsel must ensure that the statutory wording relied upon corresponds to the version that is proper law at the relevant time.
Even where substantive amendments may have occurred earlier or later, the “proper law” designation addresses the authoritative form of the Acts. In practice, this reduces disputes about which printed or compiled version is legally valid.
4. The Schedule and the scope of Acts covered
The extract refers to “the Acts set out in the Schedule” but does not reproduce the Schedule contents. The Schedule is therefore the key determinant of scope. The Order’s effect is limited to those Acts listed in the Schedule.
For a practitioner, the immediate task is to consult the Schedule in the official document to identify which Acts are covered. That list will determine whether the “sole and only proper law” designation applies to the specific statute you are researching.
How Is This Legislation Structured?
Structurally, this instrument is short and procedural. It comprises:
(a) Enacting formula — The formal legal statement that the President orders the specified legal consequence.
(b) Recitals (“Whereas” clauses) — These explain the factual and legal background: publication by the Law Revision Commissioners under section 10, transmission to the President, and the statutory authority under section 11(3).
(c) The operative order — The declaration that the loose-leaf edition of the Acts in the Schedule becomes the sole and only proper law with effect from 31 July 2009.
(d) The Schedule — The list of Acts to which the Order applies. The Schedule is the practical “scope” component.
(e) Date and signature block — Dated 9 July 2009, with the signature by the Secretary to the Cabinet (as indicated in the extract).
Notably, there are no “Parts” or “sections” in the typical sense of a substantive Act. Instead, the instrument is an Order with a schedule-based scope.
Who Does This Legislation Apply To?
The Order applies to courts and all persons dealing with the Acts listed in the Schedule. The legal effect is expressed broadly: the loose-leaf edition becomes the “sole and only proper law of Singapore” for those Acts “in all courts and for all purposes”.
In terms of practical applicability, the Order affects:
(i) Legal practitioners — who must cite and rely on the authoritative statutory text;
(ii) Courts and tribunals — which must apply the proper law version; and
(iii) Government agencies and regulated entities — whose compliance obligations may depend on the wording of the Acts in question.
However, it does not apply in the sense of imposing direct behavioural duties. Rather, it governs the legal validity and authoritative status of the statutory texts for the specified Acts.
Why Is This Legislation Important?
Although this Order is procedural, it is foundational to legal certainty. Singapore’s legal system relies on accurate, authoritative statutory text. When the Law Revision Commissioners publish revised editions in loose-leaf form, there must be a mechanism to ensure that the legal community can treat that edition as the definitive version. Section 11(3) of the Revised Edition of the Laws Act provides that mechanism, and this Order is the instrument that activates it for the specified Acts.
For practitioners, the importance is twofold:
First, it affects statutory interpretation and citation. If a practitioner cites a version of an Act that is not the “proper law” as at the relevant time, the citation may be challenged or become unreliable. The “sole and only proper law” language is designed to prevent such uncertainty.
Second, it supports consistency across courts. Courts must apply the proper law. By designating the loose-leaf edition as sole and only proper law, the Order reduces the risk that different courts or parties rely on different compilations.
From an enforcement perspective, this Order does not itself create enforcement powers or penalties. Yet it indirectly supports enforcement by ensuring that the legal basis for enforcement actions—namely, the statutory text—is authoritative. In litigation, even minor textual differences can matter; this Order helps ensure that the text used is the legally correct one.
Related Legislation
- Revised Edition of the Laws Act (Chapter 275) — In particular, section 10 (publication in loose-leaf form) and section 11(3) (President’s order making the loose-leaf edition the sole and only proper law).
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.