Singapore Examinations and Assessment Board Act 2003

Singapore Examinations and
Assessment Board
Act 2003

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 establish and incorporate the Singapore Examinations and Assessment Board, to provide for its functions, duties and powers, and for matters connected therewith.

[1 April 2004]

PART 1

PRELIMINARY

Short title

1.  This Act is the Singapore Examinations and Assessment Board Act 2003.

Interpretation

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

“assessment” means any test, examination or other method of assessing the level of proficiency, aptitude, skill, knowledge or understanding of a person in any subject matter, other than any of the national examinations;

“Board” means the Singapore Examinations and Assessment Board established under section 3;

“Chairperson” means the Chairperson of the Board, and includes a temporary Chairperson of the Board;

“chief executive” means the chief executive of the Board, and includes any individual acting in that capacity;

“Examinations Division” means the department in the Ministry of Education known as the Examinations Division;

“member” means a member of the Board, and includes a temporary member of the Board;

“national examinations” means the examinations specified in the Schedule.

[5/2018]

PART 2

ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF BOARD

Establishment and incorporation of Singapore Examinations and Assessment Board

3.  A body called the Singapore Examinations and Assessment Board is established, which is a body corporate with perpetual succession and is by that name capable of —

(a) suing and being sued;

(b) acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and

(c) doing and suffering any other acts or things that bodies corporate may lawfully do and suffer.

Common seal

4.—(1)  The Board must have a common seal and the seal may be broken, changed, altered or made anew as the Board thinks fit.

(2)  All deeds and other documents requiring the seal of the Board must be sealed with the common seal of the Board.

(3)  All instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Board for the purpose or by one member and the chief executive.

(4)  The Board may, by resolution or otherwise in writing, appoint any officer of the Board or any other agent either generally or in any particular case to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter coming within the powers of the Board.

(5)  All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Board affixed to any document and presume that it was duly affixed.

Membership of Board

5.—(1)  The Board consists of —

(a) a Chairperson; and

(b) not less than 6 but not more than 9 other members,

all of whom are to be appointed by the Minister.

(2)  The Minister may appoint the chief executive to be a member.

Chairperson may delegate functions

6.  The Chairperson may, in writing, authorise any member to exercise any power or perform any function conferred on the Chairperson by or under this Act.

Term of office of members

7.—(1)  A member holds office on such conditions and for such term, not exceeding 3 years, as the Minister specifies in the appointment, and may be re‑appointed.

(2)  Any member may, at any time, by written notice to the Minister resign from office.

(3)  The Minister may, at any time, revoke the appointment of any member without giving any reason.

(4)  If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the remainder of the term for which the vacating member was appointed.

(5)  The Board is to pay to the Chairperson and other members, out of the funds of the Board, such salaries, fees and allowances as the Minister may determine.

Temporary Chairperson, etc.

8.  The Minister may appoint any person to be a temporary Chairperson or temporary member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson or any member, as the case may be.

Meetings and proceedings of Board

9.—(1)  At all meetings of the Board, a simple majority of the members forms a quorum.

(2)  The Chairperson presides at all meetings of the Board and, in the Chairperson’s absence, the members present must elect one of their number to preside.

(3)  Meetings of the Board must be held at such times and places as the Chairperson may determine.

(4)  All questions arising at any meeting must be decided by a majority of votes of the members present and voting.

(5)  At any meeting of the Board, the Chairperson has a deliberative vote and, in the case of an equality of votes, the Chairperson or, in the Chairperson’s absence, the member presiding has a casting vote.

(6)  The validity of any proceedings of the Board is not affected by any vacancy among its members or by any defect in the appointment of any member.

(7)  Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may regulate its own proceedings.

[5/2018]

10.  [Repealed by Act 5 of 2018]

PART 3

FUNCTIONS, DUTIES AND POWERS OF BOARD

Functions and duties of Board

11.—(1)  Subject to the provisions of this Act, the functions and duties of the Board are —

(a) to develop and devise national examinations which would support and promote the goals and objectives of Singapore’s education system;

(b) to organise and conduct the national examinations;

(c) to serve as the examining authority for any of the national examinations or such modules or components of any of the national examinations as the Board may, in consultation with the Minister, determine;

(d) to publish and disseminate information on matters relating to the functions and duties of the Board; and

(e) to carry out such other functions and duties as are imposed upon the Board under this Act or any other written law.

(2)  In addition to the functions and duties imposed under subsection (1), the Board may —

(a) on terms that may be mutually agreed upon —

(i) organise and conduct any assessment for or on behalf of the Government or any other person or body in Singapore or elsewhere and serve as the examining authority for the assessment; and

(ii) provide advisory and consultancy services and training to the Government or any other person or body in Singapore or elsewhere on matters relating to the national examinations and assessments generally; and

(b) undertake any other functions assigned by the Minister to the Board,

and in so doing, the Board is deemed to be fulfilling the purposes of this Act, and the provisions of this Act apply to the Board in respect of those functions.

(3)  Nothing in this section is to be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

Powers of Board

12.—(1)  The Board has power to do anything for the purpose of discharging its functions and duties under this Act or any other written law, or which is necessary, incidental or conducive to the discharge of those functions and duties and, in particular, may —

(a) engage in or commission research pursuant to and in matters connected with or relevant to the functions and duties of the Board under this Act;

(b) determine, with the approval of the Minister, and collect, the fees to be paid by candidates for any of the national examinations;

(c) impose —

(i) fees or commissions for services rendered by the Board, including the conduct of any assessment at the request of the Government or any other person or body in Singapore or elsewhere and for the use of any facilities of the Board; and

(ii) charges for the late payment of any such fee or commission;

[Act 4 of 2008 wef 01/04/2024]

(d) with the approval of the Minister, form or participate in the formation of any company, partnership or joint venture as a shareholder or partner or in any other capacity and to share profits;

(e) become a member or affiliate of any international body the functions, objects or duties of which are similar to those of the Board;

(f) enter into any contracts necessary or expedient for the purpose of discharging its functions or duties;

(g) acquire or dispose of, in accordance with the provisions of this Act, any property, whether movable or immovable, which the Board thinks necessary or expedient for the purpose of carrying out its functions or duties;

(h) receive grants, donations, gifts, subsidies or contributions from any source, or raise funds by all lawful means and apply such funds for any of its functions or duties;

(i) grant loans to any officer or employee of the Board for such purposes specifically approved by the Board as are likely to increase the efficiency of the officer or employee;

(j) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers and employees of the Board and members of their families;

(k) provide for gratuities, pensions, allowances or other benefits for officers or employees, or former officers or employees, of the Board or its predecessors;

(l) provide financial support, grant, aid or assistance to any person or organisation for all or any of the purposes of this Act or any other written law; and

(m) provide training, whether by itself or with the cooperation of other persons or bodies as the Board thinks fit, for officers or employees of the Board or any other person who assists the Board in carrying out its functions and duties, and award scholarships or otherwise pay for the training.

[S 461/2020]

(2)  In subsection (1)(d), “company” has the meaning given by section 4(1) of the Companies Act 1967.

[S 461/2020]

Validation of collection of charge for late payment of fee or commission

12A.  Every amount collected before the date of commencement of the Statutes (Miscellaneous Amendments) Act 2008 as, or purportedly as, a charge for the late payment of any fee or commission referred to in section 12(c)¹ shall be deemed to be and always to have been validly collected, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such collection.

¹   Section 12(c) is to be read as section 12(1)(c) of the Singapore Examinations and Assessment Board Act 2003 as amended by S 461/2020.

[Act 4 of 2008 wef 01/04/2024]

Directions by Minister

13.  The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.

[5/2018]

Committees

14.—(1)  The Board may appoint, alter or discharge committees, each consisting of one or more persons (whether members or not), and define or vary the terms of reference of those committees.

(2)  Subject to this Act and the Public Sector (Governance) Act 2018 and to the control of the Board, each committee appointed under this section may regulate its procedure in any manner that the committee thinks fit.

[5/2018]

Delegation of powers

15.—(1)  The Board may, in respect of a specified matter or class of matters, by writing, delegate to a member, officer or committee of the Board or agent any of its functions or powers under this Act or under any other written law.

[5/2018]

(2)  Every member, officer, committee or agent purporting to act pursuant to a delegation under this section is presumed, in the absence of proof to the contrary, to be acting in accordance with the terms of the delegation.

PART 4

PROVISIONS RELATING TO STAFF

Chief executive, officers and employees, etc.

16.—(1)  There must be a chief executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.

[5/2018]

(2)  The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive —

(a) is absent from duty or Singapore; or

(b) is, for any reason, unable to perform the duties of the office.

[5/2018]

(3)  The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.

[5/2018]

Protection from personal liability

17.—(1)  No suit or other legal proceedings shall lie personally against any member, officer or employee of the Board or other person acting under the direction of the Board for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law.

(2)  Where the Board provides a service to the public whereby information is supplied to the public pursuant to any written law, neither the Board nor any of its members, officers or employees involved in the supply of the information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of any nature appearing therein or however caused, if made in good faith and in the ordinary course of the discharge of the duties of the member, officer or employee.

18.  [Repealed by Act 5 of 2018]