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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-S691-2007
  • Type: Subsidiary Legislation (SL)
  • Instrument Number: S 691
  • Gazette/Publication Context: Order published pursuant to section 11(3) of the Revised Edition of the Laws Act
  • Enacting Formula: President’s order giving effect to the “sole and only proper law” status of specified loose-leaf editions
  • Commencement (as stated): Effective from 1 January 2008
  • Date of Order: Dated 6 December 2007
  • Status: Current version as at 27 March 2026
  • Key Authorising Provision: Section 11(3) of the Revised Edition of the Laws Act (Chapter 275)
  • Schedule: Divided into Part I and Part II (Acts set out in the Schedule are referenced by the order)

What Is This Legislation About?

This instrument is a Presidential order made under section 11(3) of Singapore’s Revised Edition of the Laws Act (Cap. 275). In practical terms, it is not a substantive regulatory statute that creates new rights or offences. Instead, it is a legal “versioning” mechanism used to determine which published form of the law is to be treated as authoritative in court and for all legal purposes.

The order is linked to the work of the Law Revision Commissioners, who publish selected Acts in loose-leaf form as part of a revised edition of the laws. The order addresses a core problem in legal administration: when multiple publications exist (for example, earlier compilations, loose-leaf updates, or later revisions), the legal system needs a clear rule for which text counts as the proper law of Singapore.

Accordingly, the order provides that the loose-leaf edition of the Acts specified in the Schedule shall, with effect from 1 January 2008, be the sole and only proper law of Singapore in respect of those Acts. This makes the loose-leaf edition the definitive reference in litigation and legal transactions involving the specified Acts.

What Are the Key Provisions?

1. The “sole and only proper law” declaration is the central operative effect of the order. The President orders that the loose-leaf edition of the Acts set out in the Schedule shall be, for all courts and all purposes, the sole and only proper law of Singapore in respect of those Acts. This language is significant: it is designed to prevent arguments that a different publication (such as an earlier edition or an alternative compilation) should be treated as authoritative.

2. The order is tied to specific effective dates and publication “as at” dates. The enacting formula explains that the Law Revision Commissioners published, in loose-leaf form, (i) the Acts in Part I of the Schedule as in force on 1 December 2007, and (ii) the Act in Part II of the Schedule as in force on 1 January 2008. The President’s order then gives the loose-leaf editions the status of proper law with effect from 1 January 2008. This ensures continuity and clarity around when the revised texts become authoritative.

3. The legal basis is section 11(3) of the Revised Edition of the Laws Act. The order’s structure reflects the statutory process: section 11(3) provides that the Commissioners transmit copies of the loose-leaf editions to the President, and the President may then, by order published in the Gazette, specify that the loose-leaf edition shall be the sole and only proper law. The order therefore functions as the final step in a formal legislative revision workflow.

4. Schedule-based scope (Part I and Part II). Although the extract provided does not list the Acts in the Schedule, the order’s scope is clearly schedule-driven. Practitioners should treat the Schedule as the definitive list of which Acts are covered. The “sole and only proper law” status applies only to the Acts included in the Schedule, not to the entire corpus of Singapore legislation.

How Is This Legislation Structured?

Structurally, this instrument is relatively concise. It follows a typical pattern for Presidential orders under the Revised Edition of the Laws Act:

(a) Enacting formula: The order begins with “Whereas” clauses explaining the background—publication of Acts in loose-leaf form by the Law Revision Commissioners, the dates “as in force” for the relevant Parts of the Schedule, and the statutory authority under section 11(3).

(b) Operative order: The operative paragraph states the legal consequence: the loose-leaf editions of the Acts in the Schedule become the sole and only proper law of Singapore for those Acts, effective from 1 January 2008.

(c) The Schedule: The Schedule is the key structural element for scope. It is divided into Part I and Part II, corresponding to the different “as at” dates for the Acts compiled by the Commissioners. In practice, the Schedule is what a lawyer must consult to confirm whether a particular Act is covered by the “proper law” designation.

(d) Formalities: The order includes the date of signing and the signature/command line (including the Secretary to the Cabinet). These formalities support the validity and authenticity of the instrument.

Who Does This Legislation Apply To?

This order applies to courts and to all legal purposes involving the Acts specified in the Schedule. The phrase “in all courts and for all purposes” is broad: it covers litigation, statutory interpretation, enforcement actions, and any legal reliance on the text of the specified Acts.

In terms of persons, the order does not target a particular class of individuals (such as regulated entities) or a particular activity. Instead, it affects legal practitioners, litigants, and government agencies by determining which version of the Acts must be treated as authoritative. For lawyers, the practical impact is that when citing or relying on the text of a covered Act, the loose-leaf edition designated by the order should be used as the proper reference point.

Why Is This Legislation Important?

Although the order is procedural rather than substantive, it is highly important for legal certainty. In legal practice, disputes sometimes arise about which version of a statute governs—especially where there are multiple compilations, revisions, or updates. By declaring that the loose-leaf edition is the “sole and only proper law” for specified Acts, the order reduces ambiguity and limits room for technical challenges based on publication form.

For practitioners, the order matters in at least three ways:

  • Citation accuracy and authority: When drafting pleadings, preparing submissions, or advising clients, lawyers must ensure they cite the authoritative text. The “sole and only proper law” designation supports the use of the loose-leaf edition as the definitive reference.
  • Interpretation and reliance: Courts interpret statutes based on the proper law. If the proper law is clearly identified, interpretive arguments can focus on substance rather than on which publication is legally valid.
  • Administrative and enforcement consistency: Government agencies and enforcement bodies rely on statutory texts. The order helps ensure that enforcement decisions are grounded in the correct authoritative version.

Finally, the order illustrates a key feature of Singapore’s legislative infrastructure: the Revised Edition of the Laws Act provides a structured method for law revision and publication, and section 11(3) ensures that the revised loose-leaf editions achieve formal legal status. Even where the order does not change the content of the Acts, it can still be crucial because it determines the legal form in which the Acts must be treated as authoritative.

  • Revised Edition of the Laws Act (Chapter 275) — in particular section 11(3) (authorising the President’s order)
  • Acts listed in the Schedule — the specific Acts covered by this order (to be confirmed by consulting the Schedule in the instrument)

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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