Statute Details
- Title: Order under section 9(3)
- Act Code: AELA1993-OR1
- Type: Subsidiary legislation / Order (SL)
- Authorising Act: Application of English Law Act (Chapter 7A), section 9(3)
- Status: Current version as at 27 Mar 2026
- Commencement / Effective date (as stated): 20 May 1994 (with effect from that date)
- Enacting formula (summary): President’s order giving effect to revised editions of specified English enactments as the sole and proper law of Singapore
- Legislative history (as shown in extract): Revised Edition 1995 (1 Apr 1995); original order dated 20 May 1994; Gazette reference: G.N. No. S 221/1994
- Key mechanism: “Sole and only proper law of Singapore” for the English enactments listed in the Schedule
What Is This Legislation About?
This “Order under section 9(3)” is a procedural but highly consequential instrument made under the Application of English Law Act (Chapter 7A). In plain terms, it is the legal mechanism by which Singapore formally “locks in” a particular revised edition of specified English enactments as the governing law to be applied in Singapore courts.
The Order is tied to the concept of “revised editions” of English legislation. Under section 9(1) of the Application of English Law Act, the Law Revision Commissioners prepare and publish revised editions of certain English enactments. Those revised editions are then transmitted to the President under section 9(3). The President may, by order published in the Gazette, specify that the revised edition of each enactment in question shall become the sole and only proper law of Singapore for that enactment.
Accordingly, this Order does not itself rewrite substantive legal rules. Instead, it determines which version of the English enactments is to be treated as authoritative in Singapore—ensuring consistency across courts and for all legal purposes. For practitioners, the practical effect is that when you cite or rely on an “English enactment” applied in Singapore, the operative text is the revised edition specified by the President’s order, not an earlier or alternative version.
What Are the Key Provisions?
1. The President’s power under section 9(3)
The central operative idea is the President’s ability to designate the revised edition as the “sole and only proper law of Singapore” in respect of the English enactments listed in the Schedule. The enacting formula in the extract makes clear that the President acts “thereupon” (after transmission of the revised editions) and that the designation is made by an order published in the Gazette.
2. Effectiveness: “with effect from 20th May 1994”
The Order states that the revised editions in the Schedule shall be the sole and only proper law of Singapore “with effect from 20th May 1994.” This effective date matters for transitional questions: if a dispute or proceeding concerns events spanning before and after that date, counsel may need to consider which version of the English enactment applied at the relevant time. Even where the substantive rule is unchanged, the authoritative text for interpretation and citation changes from the effective date.
3. The “sole and only proper law” designation
The phrase “sole and only proper law of Singapore” is the legal hinge. It signals that, for the specified English enactments, Singapore courts should treat the revised edition as the only proper text for “all courts and for all purposes.” This reduces uncertainty about whether older versions, un-revised texts, or other editions might be argued as applicable. In practice, it supports a single authoritative reference point for statutory interpretation, pleading, and legal research.
4. The Schedule as the substantive reference point
Although the extract does not reproduce the Schedule contents, the Schedule is where the list of English enactments is located. The Order’s operative effect is limited to “those enactments set out in the Schedule.” For legal work, the Schedule is therefore essential: it determines which English statutes are covered by the “sole and only” designation and, consequently, which revised edition text must be used.
How Is This Legislation Structured?
Structurally, this instrument is relatively short and is best understood as an order with a standard legislative architecture:
(a) Enacting formula — The preamble (“Whereas…”) records the statutory steps under section 9(1) and section 9(3) of the Application of English Law Act, including the preparation and publication of revised editions by the Law Revision Commissioners and their transmission to the President.
(b) Operative order — The operative language provides that the revised editions of the English enactments set out in the Schedule shall, with effect from the specified date, be the sole and only proper law of Singapore in respect of those enactments.
(c) The Schedule — The Schedule identifies the English enactments covered. In practice, the Schedule is the “substance” for research purposes: it tells you what is being incorporated by reference and what text is authoritative.
(d) Legislative history / revision metadata — The extract shows a revised edition (1995 RevEd) and a timeline reference. While these do not change the legal mechanism, they help practitioners ensure they are reading the correct consolidated or revised version of the order.
Who Does This Legislation Apply To?
This Order applies to Singapore courts and all legal purposes in relation to the English enactments listed in the Schedule. The “audience” is therefore not a class of persons (such as “employers” or “tenants”), but rather the legal system’s use of the specified English statutes.
In practical terms, it affects lawyers, litigants, and judges when they interpret, cite, and apply the relevant English enactments as part of Singapore law. It also affects legal research and drafting: when preparing pleadings, submissions, or advisory opinions that rely on these English enactments, practitioners must ensure they are using the revised edition designated by the President’s order.
Why Is This Legislation Important?
Although the Order is procedural, it has significant consequences for legal certainty. Singapore’s legal system sometimes incorporates or applies English enactments. Without a mechanism to select an authoritative version, disputes could arise about which edition is controlling—particularly where multiple revisions exist over time. By designating a revised edition as the sole and only proper law, the Order eliminates ambiguity and supports consistent interpretation.
For practitioners, the most immediate importance is citation accuracy. Courts expect counsel to cite the correct statutory text. If a lawyer cites an outdated edition, the citation may be challenged or require correction. The “sole and only proper law” language strengthens the position that the revised edition is the correct reference point.
Second, the Order supports uniformity across proceedings. Because the designation applies “in all courts and for all purposes,” the same authoritative text should be used whether the matter is civil, criminal, or administrative in nature (to the extent the relevant English enactment is engaged). This uniformity is particularly valuable where statutory interpretation depends on precise wording, numbering, or amendments reflected in the revised edition.
Third, the effective date (“with effect from 20th May 1994”) can be critical in temporal application. While the revised edition may be intended to be a faithful consolidation or revision, counsel should still consider whether any interpretive differences could matter for events occurring before the effective date. In disputes involving historical conduct, the version of the law at the relevant time may be argued, and the effective date provides the anchor for that analysis.
Related Legislation
- Application of English Law Act (Chapter 7A), in particular section 9(1) and section 9(3)
- English Law Act (as referenced in the extract’s “Application of English Law Act (CHAPTER 7A, Section 9(1))” context)
- Legislation Timeline (for version control and ensuring the correct “current version” is consulted)
Source Documents
This article provides an overview of the Order under section 9(3) for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.