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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-S653-2008
  • Type: Subsidiary legislation (SL)
  • Legislative Instrument: Presidential Order
  • Authorising Act: Revised Edition of the Laws Act (Cap. 275)
  • Key Enabling Provision: Section 11(3) of the Revised Edition of the Laws Act
  • Gazette Mechanism: Order published in the Gazette
  • Commencement / Effective Date: 31 December 2008
  • Enacting Date: 11 December 2008
  • Current Version Status: Current version as at 27 Mar 2026
  • Instrument Reference: SL 653/2008

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 practical terms, it is not a “substantive” law that creates new rights or offences. Instead, it is a legislative housekeeping mechanism that determines which version of certain Acts is to be treated as the authoritative law of Singapore in courts and for all legal purposes.

The Order is linked to the work of the Law Revision Commissioners, who publish Acts in loose-leaf form as part of a revised edition of the Laws of Singapore. The purpose of the revised edition process is to consolidate and update the presentation of legislation so that practitioners and the public can rely on a coherent, current text.

Under the Revised Edition of the Laws Act, once the Law Revision Commissioners have published the relevant Acts “as in force” at a specified date, the President may issue an order—published in the Gazette—stating that the loose-leaf editions of those Acts shall become the sole and only proper law of Singapore for those Acts. This Order does exactly that, with effect from 31 December 2008.

What Are the Key Provisions?

1. Recognition of the loose-leaf publication process (preamble)
The Order begins with a “Whereas” clause explaining the statutory background. It states that, pursuant to section 10 of the Revised Edition of the Laws Act, the Law Revision Commissioners have published in loose-leaf form the Acts set out in the Schedule as in force on 1 December 2008. This is important because it anchors the revision to a particular “as at” date—meaning the loose-leaf text is intended to reflect the law at that point in time.

2. The President’s power to designate the authoritative text (section 11(3))
The preamble further explains the legal mechanism under section 11(3): the Commissioners must transmit a copy of each loose-leaf edition to the President, and the President may then, 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.

3. The operative designation: “sole and only proper law”
The operative part of the Order provides that the loose-leaf editions of the Acts set out in the Schedule shall, with effect from 31 December 2008, be the sole and only proper law of Singapore in respect of those Acts. This phrase is the core legal effect. It means that, for the Acts covered by the Schedule, courts and legal authorities should treat the loose-leaf edition as the definitive legal text for all purposes.

4. Timing and formalities
The Order is dated 11 December 2008 and signed by the Secretary to the Cabinet, acting “By Command.” The effective date of 31 December 2008 indicates a deliberate transition point—allowing the legal community to move from the previous authoritative texts to the revised loose-leaf editions at the end of the year.

Practical note for practitioners: Although the extract provided does not show the Schedule contents, the legal effect depends on which Acts are listed in the Schedule. In practice, a lawyer should consult the Schedule (or the full printed instrument) to identify the specific Acts whose authoritative text is being designated. The “sole and only proper law” designation is limited to those Acts included in the Schedule.

How Is This Legislation Structured?

This instrument is structured as a short Presidential Order with a standard legal form:

(a) Enacting formula and preamble: It sets out the statutory basis (sections 10 and 11(3) of the Revised Edition of the Laws Act) and the factual premise (publication of loose-leaf Acts as in force on 1 December 2008).

(b) The Schedule: The Schedule identifies the Acts covered by the Order. The Schedule is essential because it determines the scope of the “sole and only proper law” designation.

(c) Operative clause: It states the effect and commencement date—here, that the loose-leaf editions are the sole and only proper law with effect from 31 December 2008.

(d) Date and signature block: It records the date of the Order and the formal signatory.

Who Does This Legislation Apply To?

Although the Order is addressed to the legal system rather than to a class of persons, its practical reach is broad. It applies to all courts and all legal purposes in Singapore in respect of the Acts listed in the Schedule. That includes, for example, civil and criminal courts, tribunals applying statutory provisions, and legal practitioners relying on statutory text for pleadings, submissions, and advice.

In terms of “who” is affected, the Order primarily impacts legal interpretation and citation. It ensures that when a court determines the meaning of a covered Act, it should rely on the loose-leaf edition designated as the sole and only proper law. Practitioners should therefore ensure that their references to statutory provisions align with the authoritative loose-leaf edition as at the effective date.

Why Is This Legislation Important?

At first glance, this Order may appear procedural. However, for litigation and legal compliance, the authoritative status of statutory text is fundamental. The phrase “sole and only proper law” is designed to eliminate uncertainty about which version of an Act is legally operative. Without such a designation, disputes could arise about whether a particular printed or electronic version reflects the correct consolidated text.

For lawyers, the Order has three key significance points:

(1) Citation certainty and reduced interpretive risk: When preparing submissions or drafting documents, counsel must cite the correct statutory text. The Order supports a stable reference point by designating the loose-leaf edition as the definitive law for the covered Acts.

(2) Court reliance: Courts are explicitly directed—by the mechanism of section 11(3)—to treat the loose-leaf edition as the proper law “in all courts and for all purposes.” This reduces the likelihood that a court will treat an alternative version as authoritative.

(3) Transition management: The effective date of 31 December 2008 signals a transition. Practitioners dealing with matters spanning the transition period should be attentive to which version applies for the relevant time frame, particularly where amendments or revisions may have been incorporated into the revised edition.

Finally, this Order illustrates how Singapore’s legislative framework maintains the integrity of its legal corpus. The Revised Edition of the Laws Act provides a structured approach: publication by the Law Revision Commissioners, transmission to the President, and then a Gazette order that confers authoritative status. This ensures that the law remains accessible, consolidated, and reliable for the administration of justice.

  • Revised Edition of the Laws Act (Chapter 275) — in particular:
    • Section 10: publication of Acts in loose-leaf form as in force on a specified date
    • Section 11(3): Presidential power to designate the loose-leaf editions as the sole and only proper law
  • Legislation timeline / Gazette publication (as referenced in the instrument’s metadata and the Gazette mechanism described in the preamble)

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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