Civil Defence Act 1986

Civil Defence Act 1986

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to provide for the raising, maintenance and discipline of a civil defence force and for the exercise of the functions and powers of the Force during national emergencies, and for purposes connected therewith.

[14 November 1986]

PART 1

PRELIMINARY

Short title

1.  This Act is the Civil Defence Act 1986.

Interpretation

2.  In this Act, unless the context otherwise requires —

“auxiliary member” means any person who has been recruited to serve as a member of the Force on a part-time basis;

“civil defence” means the planning, organisation, coordination and implementation of measures, other than measures amounting to an actual combat, that are necessary or desirable for the safety of the public and are designed to guard against, prevent, reduce, or overcome the effects or possible effects of a national emergency or a civil defence emergency, and includes the conducting of, and participation in, drills, exercises and training for such purposes;

“civil defence emergency” means any fire, explosion, earthquake, oil spill, eruption, flood, storm, hazardous materials incident or other happening (whether or not attributable to an attack by an enemy or to any warlike act) that causes or may cause destruction of or damage to property or loss of life or injury or distress to persons or that in any way endangers the safety of the public in Singapore or in any part thereof;

“commanding officer” means —

(a) an officer who is in command of a unit; or

(b) an officer on whom the powers and functions of a commanding officer are conferred by or under the regulations;

“Commissioner” means the Commissioner of Civil Defence appointed under section 6;

“detention barracks” means any building or part of a building which is set apart by the Commissioner for those members who are serving sentences of detention;

“disciplinary officer” means a junior disciplinary officer or a senior disciplinary officer designated as such under Part 7;

“emergency services” means any organisation or group of persons providing services to respond to and deal with civil defence emergencies, and includes firefighting services, ambulance services and the police;

“ex-NSman” means a former operationally ready national serviceman;

“Force” means the Singapore Civil Defence Force raised and maintained in accordance with the provisions of this Act;

“full-time service” has the meaning given by the Enlistment Act 1970;

“Fund” means the Civil Defence Force Fund established under section 101;

“hazardous material” means any substance or article set out in the Third Schedule to the Road Traffic (Expressway Traffic) Rules;

“hazardous materials incident” means an actual or suspected spillage or other escape of any hazardous material the spillage or escape of which causes or may cause destruction of or damage to property or loss of life or injury or distress to persons or that in any way endangers the safety of the public in Singapore or in any part thereof;

“junior disciplinary officer”, in relation to a person charged with an offence, means an officer commanding a company or equivalent sub‑unit or any other officer designated as a junior disciplinary officer by the Commissioner to deal with charges made against a member for the commission of a service offence;

“medical practitioner” includes a medical officer in the service of the Government;

“member” means an officer or a serviceman of the Force, and includes a volunteer ex‑NSman or an auxiliary member;

“national service” and “national serviceman” have the meanings given by the Enlistment Act 1970;

“non-commissioned officer” means a member holding a rank not higher than the rank of senior warrant officer and not lower than the rank of lance‑corporal;

“offence” means an offence punishable under any written law or a service offence;

“officer” means an officer of the rank of second lieutenant and above;

“operationally ready national service” has the meaning given by the Enlistment Act 1970;

“operationally ready national serviceman” means a person liable to render operationally ready national service under the Enlistment Act 1970;

“person of a higher rank”, in relation to a member, includes any other member who, by virtue of his or her office or appointment, is entitled to exercise command over the firstmentioned member;

“police officer” means any member of the Singapore Police Force;

“prescribed civil defence emergency device” means —

(a) a public warning device; or

(b) such device for the detection or monitoring of a civil defence emergency as may be prescribed,

and includes a prescribed civil defence emergency device installed by the Commissioner, with the agreement of the owner of the premises, before 1 February 2019;

“proper authority” has the meaning given by the Enlistment Act 1970;

“provost officer” means any member of the Force appointed by the Commissioner as a provost officer for the purposes of this Act;

“psychoactive substance” has the meaning given by section 2 of the Misuse of Drugs Act 1973;

[Act 12 of 2023 wef 01/06/2024]

“public officer” has the meaning given by the Constitution;

“public authority” includes a body corporate constituted under any written law to perform certain functions or vested with certain powers;

“regulations” means the regulations made under this Act;

“senior disciplinary officer”, in relation to a person charged with an offence, means an officer commanding a division, battalion, training school or its equivalent or any other officer designated as a senior disciplinary officer by the Commissioner to deal with charges made against a member for the commission of a service offence;

“serviceman” means a member of the Force holding a rank not higher than the rank of senior warrant officer and includes a recruit in the Force;

“service land” means land (including a building or other structure or part thereof) in the possession of or under the control of —

(a) the Force; or

(b) a mess, club, common room, canteen or other institution of the Force;

“service offence” means an offence punishable under any of the provisions of Part 5;

“service property” means property used by, or in the possession or control of —

(a) the Force; or

(b) a mess, club, common room, canteen or other institution of the Force,

and “service equipment”, “service facilities”, “service ship”, “service aircraft” and “service vehicle” have corresponding meanings;

“state of civil defence emergency” means a state of civil defence emergency declared under section 102;

“state of emergency” means the period when a Proclamation of Emergency issued by the President under Article 150 of the Constitution is in force;

“volunteer ex‑NSman” means an ex‑NSman enrolled as a volunteer ex‑NSman under section 9A.

[32/2010; 53/2018]

PART 2

CONSTITUTION, ORGANISATION AND ADMINISTRATION OF FORCE

Raising and maintenance of Singapore Civil Defence Force

3.  There is raised and maintained in accordance with the provisions of this Act, a civil defence force called the Singapore Civil Defence Force, which consists of such number of officers and servicemen as are from time to time approved by the Minister.

Functions of Force

4.—(1)  The functions of the Force are —

(a) to carry out civil defence duties;

(b) to instruct the members of the public regarding civil defence and, if necessary, to equip them for the purposes of such defence; and

(c) to carry out, on a day‑to‑day basis, operations for the protection of the life, health or safety of individuals, whether or not arising out of a civil defence emergency.

[32/2010; 53/2018]

(2)  Without limiting subsection (1), the Force may exercise and perform all the following functions and duties:

(a) rescue endangered persons and remove them to areas of safety;

(b) provide first-aid to casualties and for their removal for medical treatment or to areas of safety;

(c) train and, if necessary, equip the civilian population to cope with any civil defence emergency;

(d) assist the public authorities to undertake measures for the retrieval and, if necessary, decontamination of the dead bodies from any place affected by any civil defence emergency;

(e) disseminate information and advice to the public;

(f) take lawful measures to extinguish and prevent the spread of fire;

(g) provide, maintain, control and operate prescribed civil defence emergency devices;

(h) manage all public shelters including air-raid shelters and temporary shelters;

(i) take lawful measures for protecting life and property in case of fire;

(j) take lawful measures to mitigate the consequences of hazardous materials incidents and for protecting life and property in such an event;

(k) provide and maintain an adequate emergency ambulance service;

(l) ensure effective coordination between the Force and other emergency services in Singapore; and

(m) execute such other duties as may be imposed on the Force by this Act or any other written law.

[32/2010; 53/2018]

Organisation

5.—(1)  The Force consists of such units, corps or divisions as are from time to time organised by or under the authority of the Minister.

(2)  The Minister may disband any unit, corps or division constituted under subsection (1) in whole or in part or amalgamate any unit, corps or division with any other unit, corps or division.

(3)  The Force consists of —

(a) officers appointed to, and servicemen enlisted in, the Force;

(b) national servicemen enlisted in the Force;

(c) volunteer ex‑NSmen enrolled under section 9A;

(d) persons who are recruited to serve as auxiliary members; and

(e) public officers who are serving in the Force.

[32/2010; 53/2018]

Administration of Force by Commissioner

6.—(1)  The Minister may appoint a Commissioner of Civil Defence who must —

(a) be responsible for the supreme command, direction and administration of the Force and of members of the Force who are appointed, enlisted or recruited under the provisions of this Act; and

(b) exercise such functions, and perform such duties and powers with respect to civil defence as are conferred upon him or her by this Act.

(2)  The Minister may appoint any number of Deputy Commissioners, Senior Assistant Commissioners and Assistant Commissioners of Civil Defence as the Minister thinks fit.

[32/2010]

(3)  Unless otherwise provided, the Deputy Commissioners, the Senior Assistant Commissioners and the Assistant Commissioners of Civil Defence have and may exercise all the powers conferred on the Commissioner by or under this Act, subject to such limitations as the Commissioner may see fit to impose.

[32/2010; 53/2018]

PART 3

ENLISTMENT AND DISCHARGE OF MEMBERS OF FORCE

Appointment of officers and enlistment of servicemen in Force

7.—(1)  The Minister may appoint and enlist any number of officers and servicemen for the Force as the Minister thinks fit.

(2)  The Commissioner may, in accordance with such conditions and subject to such qualifications or requirements as are prescribed or provided for by the regulations, recruit persons to serve in the auxiliary units of the Force on a part‑time basis.

[53/2018]

(3)  Auxiliary members are not bound to serve continuously but are bound to render service for such periods as are prescribed by the regulations.

(4)  The Minister may, from time to time, authorise such allowances to be paid to auxiliary members for their services.

[53/2018]

(5)  The Commissioner may at any time dismiss an auxiliary member from the Force without assigning any reason.

Public officers serving as members of Force

8.—(1)  The Public Service Commission continues to have control over the confirmation, emplacement on the permanent or pensionable establishment, promotion, transfer, dismissal and exercise of disciplinary control over public officers who are posted to serve in the Force.

(2)  A public officer who is posted to the Force as an officer or a serviceman may resign from the Force by giving the notice of termination of service prescribed by the terms and conditions of his or her appointment as a public officer.

Enlistment of national servicemen in Force

9.—(1)  A person on whom a notice under section 10 of the Enlistment Act 1970 has been served requiring the person to report for enlistment in the Force is, as from the time when the person reports for enlistment for national service, deemed to have been enlisted in the Force.

(2)  A person enlisted for national service pursuant to the provisions of the Enlistment Act 1970 is, from such time as the proper authority transfers the person to the service of the Force, deemed to have been enlisted in the Force.

(3)  National servicemen who are enlisted in the Force must render —

(a) full-time service for the period prescribed by the Enlistment Act 1970; and

(b) where they have completed full-time service for the prescribed period, operationally ready national service for the period prescribed by the Enlistment Act 1970.

Volunteer ex-NSmen

9A.—(1)  The Commissioner may enrol under this section, as a volunteer ex‑NSman, any ex‑NSman who was enlisted as a national serviceman in the Force where —

(a) the Commissioner wants that ex‑NSman to continue to serve in the Force; and

(b) the ex‑NSman is offering his service.

[53/2018]

(2)  The provisions of sections 14, 15, 21, 22, 23, 24, 25 and 30 of the Enlistment Act 1970 affecting any person who is liable for operationally ready national service apply (so far as relevant) to a volunteer ex‑NSman enrolled under this section as if the volunteer ex‑NSman were an individual liable for operationally ready national service, with such prescribed exceptions, modifications and adaptations as the differences between an operationally ready national serviceman and a volunteer ex‑NSman require.

[53/2018]

(3)  The provisions of any other existing law that relate to an individual liable for operationally ready national service have effect as if any reference therein to any such individual also includes a reference to any volunteer ex‑NSman, with such prescribed exceptions, modifications and adaptations as the differences between this Part and that existing law require.

[53/2018]

(4)  The Minister may, from time to time, authorise such emoluments to be paid to volunteer ex‑NSmen for their services.

[53/2018]

(5)  In this section, “existing law” means any written law having effect as part of the law of Singapore immediately before 1 February 2019.

[53/2018]

Appointments and promotions

9B.—(1)  Subject to section 8, the Minister may do the following:

(a) appoint or promote a member to the rank of lieutenant‑colonel and above;

(b) reduce the rank of a member of the rank of lieutenant‑colonel and above.

[53/2018]

(2)  Subject to section 8, the Commissioner may do the following:

(a) appoint or promote a member to the rank of major and below;

(b) reduce the rank of a member of the rank of major and below.

[53/2018]

(3)  The Commissioner may delegate the power under subsection (2) to any officer of the rank of lieutenant‑colonel and above.

[53/2018]

Discharge of national servicemen from Force

10.  A member who is enlisted in the Force pursuant to the Enlistment Act 1970 is discharged —

(a) from continuous full-time service in the Force when the member has completed the period of full‑time service prescribed by the Enlistment Act 1970; and

(b) from operationally ready national service in the Force when —

(i) the proper authority notifies the member that the member has been transferred from the Force to another force specified by the proper authority;

(ii) the proper authority notifies the member that the member is released from the Force; or

(iii) the member ceases to be a person subject to the Enlistment Act 1970.

Discharge of volunteer ex-NSmen

10A.—(1)  The Commissioner may, without notice, discharge any volunteer ex‑NSman.

[53/2018]

(2)  Any volunteer ex‑NSman is entitled, except when a state of emergency or a state of civil defence emergency is in force or when volunteer ex‑NSmen are mobilised under section 113(1)(a), to be discharged from the Force after giving the Commissioner at least 3 months’ notice in writing of the volunteer ex‑NSman’s intention to resign from the Force.

[53/2018]

Discharge of auxiliary members

11.  Except when a state of emergency or a state of civil defence emergency is in force or when auxiliary members are mobilised for continuous full-time service, an auxiliary member is entitled to be discharged from the Force after giving the Commissioner at least 30 days’ notice in writing of the auxiliary member’s intention to resign from the Force.

Identity card

12.  An identity card must be issued to every full‑time national serviceman and is evidence of the national serviceman’s enlistment in the Force under this Act.

[32/2010]

Delivery of Government property on leaving Force

13.—(1)  Every member who, by resignation, dismissal, discharge or otherwise, leaves the Force must before leaving deliver up in good order (fair wear and tear excepted) any accoutrement, uniform or other article supplied to him or her and any other property belonging to the Government which may be in his or her possession.

(2)  Any person neglecting to deliver up any such article or property shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months, and in addition thereto shall be liable to pay the value of the article or property not delivered up, which value is to be ascertained in a summary manner by the same court before which the person was convicted.