Statute Details
- Title: Requisition of Resources (No. 6) Order 2023
- Act Code: RRA1985-S676-2023
- Type: Subsidiary Legislation (SL)
- Authorising Act: Requisition of Resources Act 1985
- Enacting authority: Minister for Defence
- Key enabling provision: Powers conferred by section 2 of the Requisition of Resources Act 1985
- Citation: Requisition of Resources (No. 6) Order 2023
- Date of requisition / commencement of Part 3: 24 October 2023
- Duration: Part 3 provisions “come into and remain in operation” (i.e., they are activated and continue in force as specified by the Act)
- Date made: 5 October 2023
- Legislative reference: SL 676/2023 (as shown in the legislation timeline)
What Is This Legislation About?
The Requisition of Resources (No. 6) Order 2023 is a Singapore subsidiary legal instrument made under the Requisition of Resources Act 1985 (“the Act”). In plain language, it is an administrative/legal mechanism that activates the Act’s “Part 3” requisition regime for a specified period starting on a specified date.
Requisition legislation is typically used in national security or emergency contexts. The core idea is that, when circumstances require it, the State may need to secure access to certain resources—such as services, property, or other capabilities—by legally compelling their availability. This Order does not itself list the requisitioned resources in the extract provided; instead, it triggers the operation of the Act’s Part 3 provisions on a particular date.
Practically, therefore, the Order is best understood as a “switch” that turns on the Act’s operational requisition powers. Lawyers advising government agencies, affected resource holders, or parties who may be subject to requisition will need to read this Order together with the Act—especially Part 3—to determine what rights, duties, procedures, and consequences apply once the requisition regime is activated.
What Are the Key Provisions?
Section 1 (Citation). The Order’s first provision simply states its short title: “This Order is the Requisition of Resources (No. 6) Order 2023.” While this is standard drafting, it is important for legal certainty—citations are used in official records, notices, and legal proceedings.
Section 2 (Date of requisition / activation of Part 3). The substantive operative provision in the extract is section 2. It provides that “the provisions of Part 3 of the Act are to come into and remain in operation on 24 October 2023.” This language is legally significant because it indicates that Part 3 is not merely “commenced” for a limited moment; rather, it is to “remain in operation” from that date. The precise end point (if any) is not stated in the extract and would need to be determined by reference to the Act itself (for example, whether Part 3 remains until revoked, until a condition ceases, or until further legislative action).
Enacting formula and authority. The Order is made “in exercise of the powers conferred by section 2 of the Requisition of Resources Act 1985,” and it is made by the “Minister for Defence.” This matters for validity and for administrative law analysis. If a requisition action is later challenged, one of the first questions will be whether the statutory preconditions for activating Part 3 were satisfied, including whether the correct authority made the Order and whether the Order properly specified the date of activation.
Made date and administrative context. The Order is “Made on 5 October 2023” and activates Part 3 on 24 October 2023. This gap suggests a lead time for implementation—allowing agencies to prepare requisition notices, operational arrangements, and compliance steps. For practitioners, the timeline can be relevant when assessing whether actions taken between 5 October and 24 October are premature (i.e., whether Part 3 powers were already available before the activation date). If Part 3 powers are only available once Part 3 is in operation, then any requisition steps taken before 24 October would likely require careful legal justification.
How Is This Legislation Structured?
As a subsidiary legislative instrument, the Order is structured very succinctly. Based on the extract, it contains:
(1) An enacting formula identifying the legal basis (section 2 of the Act) and the making authority (Minister for Defence).
(2) Section 1 setting out the citation.
(3) Section 2 specifying the “date of requisition” by reference to when Part 3 of the Act is to come into and remain in operation.
There are no additional substantive clauses in the extract. This drafting approach is common for orders that activate or schedule the operation of broader statutory powers. The detailed requisition mechanics—such as the scope of resources, the requisitioning authority’s powers, procedural requirements (notices, assessments, timelines), and compensation or appeal mechanisms—are expected to be found in the Act itself, particularly Part 3.
Who Does This Legislation Apply To?
The Order applies indirectly to persons and entities who may be affected by requisition powers under Part 3 of the Requisition of Resources Act 1985. While the extract does not identify classes of resources or persons, requisition orders typically affect resource holders—such as owners, operators, contractors, or providers of relevant resources—within Singapore.
In practical terms, the Order’s effect is to place Part 3 of the Act into operation from 24 October 2023. Once Part 3 is in operation, the legal consequences for affected parties will depend on how Part 3 defines the requisitioning framework. Lawyers should therefore treat the Order as the “trigger” and Part 3 as the “engine.” Any advice to clients should be grounded in the specific Part 3 provisions: who can be requisitioned, what can be requisitioned, how requisition is carried out, what notice is required, and what remedies or compensation rights exist.
Why Is This Legislation Important?
Although the Order itself is short, it is legally important because it activates a potentially far-reaching statutory regime. Requisition powers can significantly affect property rights, contractual arrangements, operational control, and financial planning for affected businesses and individuals. For practitioners, the key point is that the Order may be the legal basis for subsequent administrative actions—such as requisition notices, directions, or other steps taken by competent authorities under Part 3.
From an enforcement and compliance perspective, the activation date (24 October 2023) is critical. If a client is notified of a requisition or directed to provide resources, counsel should verify whether the requisition is grounded in a period when Part 3 was indeed in operation. The Order provides a clear date for that activation, which can be central to validity challenges and to arguments about whether the authority acted within its statutory powers.
From a litigation and dispute-resolution perspective, the Order’s reliance on section 2 of the Act also matters. If a requisition is contested, parties may examine whether the statutory preconditions were met, whether the correct ministerial authority made the Order, and whether the Order properly brought Part 3 into operation. Even where the underlying requisition is factually justified, procedural or jurisdictional defects can be decisive.
Related Legislation
- Requisition of Resources Act 1985 (including Part 3, and section 2 which provides the power to make orders activating Part 3)
- Requisition of Resources (No. 6) Order 2023 timeline entry (SL 676/2023)
Source Documents
This article provides an overview of the Requisition of Resources (No. 6) Order 2023 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.