Statute Details
- Title: Requisition of Resources (No. 2) Order 2023
- Act Code: RRA1985-S103-2023
- Type: Subsidiary Legislation (SL)
- Authorising Act: Requisition of Resources Act 1985
- Enacting authority: Minister for Defence
- Key enabling provision: Section 2 of the Requisition of Resources Act 1985
- Legislative instrument number: SL 103/2023
- Date made: 30 January 2023
- Date of requisition / operational start: 25 February 2023
- Operational duration: Part 3 of the Act “come into and remain in operation” on 25 February 2023 (i.e., it is activated and continues in force as specified by the Order)
- Current version status: Current version as at 27 Mar 2026
What Is This Legislation About?
The Requisition of Resources (No. 2) Order 2023 is a Singapore subsidiary legislation instrument made under the Requisition of Resources Act 1985 (“the Act”). In plain terms, it is an administrative/legal “switch” that activates a specific part of the Act—namely Part 3—for a defined time period starting on 25 February 2023.
Requisition regimes are typically designed for situations where the State needs to secure access to resources quickly—such as during emergencies, national security contingencies, or other circumstances where continuity of essential services is critical. While the extract provided does not reproduce the full text of Part 3 of the Act, the structure of the Order makes clear that its function is not to create a new requisition power from scratch. Instead, it brings existing statutory powers in Part 3 into operation by using the authority conferred by section 2 of the Act.
Accordingly, the Order should be read together with the Requisition of Resources Act 1985, especially Part 3. Practitioners will usually need to consult the Act to understand the substantive requisition mechanisms (who may requisition, what can be requisitioned, procedural requirements, compensation, and enforcement). The Order’s practical effect is to determine when those mechanisms become legally available and enforceable.
What Are the Key Provisions?
Section 1 (Citation) provides the formal name of the instrument: it is the Requisition of Resources (No. 2) Order 2023. This is a standard provision used for identification and referencing in legal documents, court filings, and compliance documentation.
Section 2 (Date of requisition) is the substantive operative provision in the extract. It states that: “The provisions of Part 3 of the Act are to come into and remain in operation on 25 February 2023.” This language is important. It indicates that Part 3 is not merely “commenced” on a particular date in a one-off sense; rather, it is intended to remain in operation from that date. The precise end date (if any) would typically be found either in the Order itself (not shown in the extract) or in the Act’s general framework for requisition orders.
From a practitioner’s perspective, the key legal consequence is that once Part 3 is in operation, the powers, duties, and procedural rights created by Part 3 become enforceable. This can affect a range of stakeholders, including resource owners, operators of essential services, contractors, and entities that may be required to provide resources or comply with requisition directions.
Enacting formula and authorisation confirm that the Minister for Defence made the Order “in exercise of the powers conferred by section 2 of the Requisition of Resources Act 1985.” This matters for validity and statutory interpretation. It signals that the Minister is not acting under general executive power; rather, the Minister’s authority is specifically grounded in the Act. If challenged, the government would need to show compliance with the statutory preconditions for activating Part 3 (as set out in section 2 of the Act). Even though the extract does not set out those preconditions, the reference to section 2 is a critical anchor for legal analysis.
Made on 30 January 2023 and operational from 25 February 2023 also indicates a lead time between making and commencement. This can be relevant for compliance planning and for determining when obligations begin. For example, if Part 3 imposes duties to prepare, notify, or provide information, the date of operational commencement would be central to assessing whether conduct occurred before or after the legal regime took effect.
How Is This Legislation Structured?
The Order is structured in a minimal, two-section format typical of commencement/requisition orders. It contains:
(1) A citation provision (Section 1), which identifies the instrument; and (2) an operative commencement/requisition provision (Section 2), which activates Part 3 of the Act on a specified date.
There are no schedules, definitions, or detailed procedural rules in the extract. That absence is consistent with the instrument’s role as a trigger for the operation of substantive provisions already contained in the Act. Therefore, the “real law” governing requisition—such as the scope of requisitionable resources, the requisition process, and compensation—will be found in the Requisition of Resources Act 1985, particularly Part 3.
Who Does This Legislation Apply To?
While the Order itself is brief, its effect is directed at the circumstances governed by Part 3 of the Act. In practical terms, Part 3 would apply to persons and entities that control, supply, or are otherwise connected to the “resources” that may be requisitioned under the Act. This can include private companies, public bodies, and operators of facilities or services that fall within the statutory definition of requisitionable resources.
Because the Order activates Part 3, it potentially affects a broad class of stakeholders—especially those who might be subject to requisition directions once the regime is in force. Lawyers advising clients in regulated sectors (logistics, utilities, transport, communications, manufacturing, and other critical supply chains) should treat the commencement date (25 February 2023) as a key milestone for assessing compliance obligations and risk exposure.
Why Is This Legislation Important?
This Order is important because it determines the legal availability and enforceability of Part 3 requisition powers. Even though the instrument is short, its activation effect can have significant operational and legal consequences. Once Part 3 is in operation, the State may be able to compel provision of resources or impose obligations consistent with the Act’s requisition framework.
For practitioners, the most significant value of the Order is that it provides a date-specific legal trigger. In disputes—such as claims relating to compliance, timing of obligations, or compensation—parties will often need to establish whether the requisition regime was active at the relevant time. The Order’s commencement language (“come into and remain in operation on 25 February 2023”) is therefore central evidence.
Additionally, the Order’s reliance on section 2 of the Act is relevant for governance and legality. If a requisition action is taken after Part 3 is activated, affected parties may still challenge the action on grounds such as failure to follow statutory procedures, lack of jurisdiction, or non-compliance with conditions in the Act. However, the existence of a valid commencement/requisition order helps the State establish that the legal basis for Part 3 powers was in force.
Related Legislation
- Requisition of Resources Act 1985 (including section 2 and Part 3)
Source Documents
This article provides an overview of the Requisition of Resources (No. 2) Order 2023 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.