Statute Details
- Title: Order under Section 11(3)
- Act Code: RELA1983-S126-2005
- Type: Subsidiary Legislation (SL)
- Authorising Act: Revised Edition of the Laws Act (Chapter 275)
- Enacting Instrument: Order made by the President
- Key Provision (Authorising Power): Section 11(3) of the Revised Edition of the Laws Act
- Commencement / Effective Date: 31 March 2005 (as stated in the order)
- Status: Current version as at 27 March 2026 (per the legislation portal)
- Document Identifier (as shown): No. S 126
- Gazette / Publication Date (as shown): 16 March 2005 (SL 126/2005)
- Schedule: Refers to “the Acts set out in the Schedule” (the extract provided does not reproduce the Schedule contents)
What Is This Legislation About?
This instrument is not a “substantive” law creating new rights or obligations in the ordinary sense. Instead, it is a formal legal mechanism that determines which version of certain Acts is to be treated as the authoritative law of Singapore for use in courts and for all legal purposes.
The Order is made under section 11(3) of the Revised Edition of the Laws Act (Chapter 275). In broad terms, the Revised Edition of the Laws Act provides a framework for law revision and publication. It allows the Law Revision Commissioners to publish Acts in a “loose-leaf” format (a method used for updating and maintaining legal texts). This Order then enables the President to specify—by publication in the Gazette—that the loose-leaf editions are the sole and proper law of Singapore in respect of the Acts listed in the Schedule.
Practically, the Order addresses a common legal risk: when multiple versions of legislation exist (for example, earlier print editions, later amendments, or loose-leaf updates), courts and practitioners need a clear rule for which text is authoritative. This Order resolves that issue by declaring that, with effect from 31 March 2005, the loose-leaf editions of the specified Acts are the sole and only proper law for all purposes.
What Are the Key Provisions?
1. The legal “trigger” and purpose of the Order (preamble). The enacting formula and recitals explain the sequence of events. First, 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 March 2005. Second, section 11(3) empowers the Commissioners to transmit copies of each loose-leaf edition to the President. Third, the President may then, by order published in the Gazette, specify that those loose-leaf editions shall be the sole and only proper law of Singapore in respect of those Acts.
2. The operative declaration: “sole and only proper law”. The core operative provision is the President’s order that the loose-leaf editions of the Acts in the Schedule “shall, with effect from 31st March 2005, be the sole and only proper law of Singapore in respect of those Acts.” This language is significant. It is not merely an instruction to prefer the loose-leaf version; it is a definitive legal determination that the loose-leaf edition is the authoritative text for all purposes, including in court proceedings.
3. Effective date and legal continuity. The Order specifies an effective date of 31 March 2005. This matters for practitioners dealing with transitional issues—e.g., whether a particular dispute, offence, or cause of action arose before or after that date. While the Order does not itself change substantive law, it can affect which text is treated as authoritative for interpretation and citation. In practice, lawyers should ensure that the version of the Act they rely on aligns with the authoritative status as at the relevant time.
4. Formalities: signature and Gazette publication. The Order is dated 9 March 2005 and signed by the Secretary to the Cabinet on behalf of the President (as indicated by the “By Command” line). The document is identified as SL 126/2005 and published in the Gazette on 16 March 2005 (as shown in the timeline). These formalities are not decorative; they are part of the statutory process under section 11(3), which requires Gazette publication for the specification to take effect.
How Is This Legislation Structured?
Structurally, this instrument is relatively short and follows the typical pattern of an enabling order under a revision statute:
(a) Enacting formula and recitals: The preamble sets out the legal basis and the factual background (publication by the Law Revision Commissioners; transmission to the President; power to specify by Gazette order).
(b) Operative clause: The operative declaration that the loose-leaf editions of the Acts in the Schedule become the sole and only proper law with effect from 31 March 2005.
(c) The Schedule: The Schedule is referenced as containing “the Acts set out in the Schedule.” However, the extract provided does not list the Acts. In a full practitioner’s review, the Schedule is essential because it identifies exactly which Acts are covered by the “sole and only proper law” declaration.
Who Does This Legislation Apply To?
This Order applies to the Acts listed in its Schedule, not to a particular class of persons. Its effect is directed at the legal system: it governs what text is to be treated as proper law in courts and for all purposes.
Accordingly, it affects everyone who uses or relies on those Acts—judges, lawyers, government agencies, and members of the public—because citation and interpretation depend on the authoritative version. In litigation, the Order supports arguments that the loose-leaf edition is the controlling text, thereby reducing disputes about which version is correct.
Why Is This Legislation Important?
Although this Order is procedural in character, it is legally important because it determines authority. In Singapore’s legal practice, where legislation is frequently amended and consolidated, the risk of citing an outdated or non-authoritative version is real. By declaring the loose-leaf editions as the “sole and only proper law,” the Order provides a clear rule that supports consistency in judicial reasoning and legal drafting.
For practitioners, the practical value is twofold. First, it helps ensure that legal submissions cite the correct authoritative text. Second, it can be relevant when there is a question about whether a particular provision has been updated in the loose-leaf edition as of the relevant “as in force” date (here, 1 March 2005) and the effective date of the Order (31 March 2005). Even where the substantive content is unchanged, the authoritative status of the text can matter for interpretation, cross-references, and the identification of current amendments.
Finally, the Order illustrates how Singapore maintains legal certainty through the Revised Edition framework. It shows that the law revision process is not merely editorial; it has legal consequences. The “sole and only proper law” declaration is a mechanism to integrate updated publications into the formal legal hierarchy used by courts.
Related Legislation
- Revised Edition of the Laws Act (Chapter 275) — in particular, sections 10 and 11(3) (the enabling provisions referenced in the Order)
- Acts set out in the Schedule — the specific Acts covered by this Order (not reproduced in the extract provided)
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.