SkillsFuture Singapore Agency Act 2016

SkillsFuture Singapore
Agency Act 2016

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 the SkillsFuture Singapore Agency.

[3 October 2016: Except section 71(1)(a) and (2) ;

4 October 2016: Section 71(1)(a) and (2) ]

PART 1

PRELIMINARY

Short title

1.  This Act is the SkillsFuture Singapore Agency Act 2016.

Interpretation

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

“adult education” means that part of post‑secondary education and training which is directed towards the development or upgrading of skills and knowledge in relation to work in commerce or industry;

“Agency” means the SkillsFuture Singapore Agency established by section 3;

“authorised person” means an authorised person appointed by the Agency under section 56B(1);

[Act 3 of 2023 wef 15/06/2023]

“Chairperson”, in relation to the Agency, means the member of the Agency who is appointed under section 12 as the Chairperson of the Agency, and includes any individual appointed under section 14 to act in that capacity;

“Chief Executive” means the Chief Executive of the Agency, and includes any individual acting in that capacity;

“commerce or industry” includes any trade, manufacturing or service industry, business or other related activity;

“committee” means a committee of the Agency appointed under section 34;

“committee member” means an individual appointed to be a member of a committee;

“company”  —

(a) has the meaning given by section 4(1) of the Companies Act 1967; and

(b) includes a foreign company within the meaning of that Act;

“delegate” means a person to whom the Agency under section 36(1) delegates the performance or exercise of any of its functions or powers;

“Deputy Chairperson”, in relation to the Agency, means the member of the Agency who is appointed under section 12 as the Deputy Chairperson of the Agency;

“document” means any thing (in whatever form) in which information or material of any description is recorded or stored, and includes any tape, disk or other storage device or medium;

[Act 3 of 2023 wef 15/06/2023]

“functions”, in relation to the Agency, means functions conferred on the Agency by this Act or any other Act;

“further education” means a post‑secondary education program that leads to the development of knowledge and skills that are not specific to any particular occupation;

“grant” includes a grant by way of reimbursement under a reimbursement arrangement;

“inspector” means an inspector appointed by the Agency under section 56B(2);

[Act 3 of 2023 wef 15/06/2023]

“member”, in relation to the Agency, means a member of the Agency who is appointed under section 10, and includes any person appointed under section 14 to act in that capacity;

“post‑secondary education” means education of persons —

(a) who are 16 years of age or older; and

(b) who are not undergoing a course of education at any of the following:

(i) a Government school;

(ii) a school registered under the Education Act 1957 and which receives a grant‑in‑aid or subvention extended by the Government to aided schools within the meaning of that Act;

(iii) an education institution providing education in accordance with religious beliefs and principles;

“private education” has the meaning given by the Private Education Act 2009;

“reimbursement arrangement” means a written arrangement made in respect of any adult education or further education provided to a person eligible to financial incentives, support, grant, aid or assistance from the Agency to the effect that where —

(a) the person so eligible receives or undergoes adult education or further education for a charge; and

(b) the provider of the adult education or further education incurs costs and expenses in providing the education to that eligible person,

the provider of the adult education or further education is entitled, under the arrangement, to reimbursement from the Agency of the whole or part of its charges in respect of the education so provided, but in no case exceeding that person’s eligibility to financial incentive, support, grant, aid or assistance (as the case may be) for that education;

“Singapore Workforce Development Agency” or “SWDA” means the Singapore Workforce Development Agency established by the Singapore Workforce Development Agency Act (Cap. 305D, 2004 Revised Edition);

“statutory authority” means a body corporate established or constituted by or under a public Act to perform or discharge a public function, but excludes a Town Council constituted under the Town Councils Act 1988;

[Act 3 of 2023 wef 15/06/2023]

“subdelegate” means a person to whom a delegate under section 36(2) further delegates the performance or exercise of any of the Agency’s functions or powers;

“transfer date” means 3 October 2016;

“Workforce Singapore Agency” means the SWDA renamed as the Workforce Singapore Agency by the Singapore Workforce Development Agency (Amendment) Act 2016.

[20/2016; 5/2018; S 461/2020]

PART 2

ESTABLISHMENT, FUNCTIONS AND POWERS OF AGENCY

SkillsFuture Singapore Agency

3.  A body called the SkillsFuture Singapore Agency is established by this section.

Agency is body corporate

4.—(1)  The Agency —

(a) is a body corporate with perpetual succession;

(b) must have a seal;

(c) may acquire, hold and dispose of real and personal property; and

(d) may sue and be sued in its corporate name.

(2)  The Agency may use, and operate under, one or more trading names approved by the Minister.

(3)  A trading name can be an abbreviation or adaptation of the Agency’s corporate name, or a name other than the Agency’s corporate name.

(4)  The Agency must cause notice of every trading name approved under subsection (2) to be published in the Gazette; but failure to do so does not invalidate the approval or use of that name.

Functions of Agency

5.—(1)  The Agency has the following functions:

(a) to plan and develop policies, programs and services that provide, or support the provision of, adult education and further education;

(b) to promote, facilitate and assist in the identification, development and upgrading of skills and competencies for the current, emerging and future needs of the Singapore workforce;

(c) to develop, in consultation with employers and relevant representatives of commerce or industry, models for the provision of adult education or further education for the purposes of developing skills;

(d) to promote a national approach to the provision of adult education and further education through collaboration and cooperation between universities, public sector post‑secondary education institutions and other providers of adult education or further education;

(e) to provide funding for the provision or promotion of, or taking part in, or to encourage participation in, adult education and further education (wherever held) that is responsive to the needs of commerce or industry or employers;

[Act 3 of 2023 wef 15/06/2023]

(ea) to defray or subsidise any costs or expenses incurred or to be incurred in connection with any absence from work of any person to take part in any adult education or further education mentioned in paragraph (e);

[Act 3 of 2023 wef 15/06/2023]

(f) to promote public awareness in Singapore of the importance of adult education and further education and encourage enthusiasm for lifelong learning;

(g) to collect, compile and analyse data about the provision of adult education or further education;

(h) to accredit, or facilitate accreditation by others in Singapore of, providers of or courses in adult education or further education (even if the course is developed outside Singapore);

(i) to facilitate the improvement of quality of courses in adult education or further education provided in Singapore, including the standard of teachers and trainers in Singapore of these courses;

(j) to promote or undertake research in Singapore into matters relating to adult education and further education;

(k) to facilitate public availability of meaningful and accurate information relating to the quality of courses in adult education or further education provided in Singapore (even if the course is developed outside Singapore);

(l) to provide career guidance services and facilities to assist students prepare to enter the labour market and to other people;

(m) to administer —

(i) the Private Education Act 2009 in accordance with that Act; and

(ii) the Skills Development Fund in accordance with the Skills Development Levy Act 1979;

(n) to cooperate and collaborate with the Workforce Singapore Agency in the discharge of its functions under the Workforce Singapore Agency Act 2003;

(o) to perform any other functions that may be conferred on the Agency by any other Act.

[20/2016]

(2)  In performing the functions conferred on it by subsection (1), the Agency is to have regard to —

(a) increasing Singapore workforce productivity and improving the international competitiveness of commerce or industry in Singapore;

(b) current, emerging and future workforce skills needs across commerce or industry sectors in Singapore;

(c) widening participation in learning opportunities for adults, particularly those that enhance employability of citizens and residents of Singapore; and

(d) ensuring a system of training and workforce development in Singapore that —

(i) responds to the needs of commerce or industry and employers, and in which commerce or industry and employers influence the policies, priorities and delivery of adult education and further education;

(ii) offers high quality and accessible adult education and further education; and

(iii) results in those persons undergoing that education obtaining skills.

(3)  In addition to the functions conferred by this section, the Agency may undertake any other functions that the Minister may assign to the Agency, by notification in the Gazette, and in so undertaking —

(a) the Agency is deemed to be fulfilling the purposes of this Act; and

(b) the provisions of this Act apply to the Agency in respect of those other functions and duties.

(4)  Nothing in this section imposes on the Agency, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Agency would not otherwise be subject.

(5)  In this section —

“public sector post‑secondary education institution” means —

(a) the Institute of Technical Education, Singapore established by section 3 of the Institute of Technical Education Act 1992;

(b) the Nanyang Polytechnic established under the Nanyang Polytechnic Act 1992;

(c) the Ngee Ann Polytechnic established under the Ngee Ann Polytechnic Act 1967;

(d) the Republic Polytechnic established under the Republic Polytechnic Act 2002;

(e) the Singapore Polytechnic established under the Singapore Polytechnic Act 1954;

(f) the Temasek Polytechnic established under the Temasek Polytechnic Act 1990; or

(g) any company that is owned (wholly or partly) by the Institute of Technical Education, Singapore or any polytechnic mentioned in paragraphs (b) to (f);

“university” means —

(a) the Nanyang Technological University;

(b) the National University of Singapore;

(c) the Singapore Management University;

(d) the Singapore University of Technology and Design;

(e) the Singapore Institute of Technology;

(f) the Singapore University of Social Sciences;

(g) any other person whose function of providing university education is determined by a public Act; or

(h) any entity that is owned (wholly or partly) or controlled by any university or person mentioned in paragraphs (a) to (g).

[30/2017]

Powers of Agency

6.—(1)  Subject to this Act, the Agency has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

(2)  Without limiting subsection (1), the powers of the Agency mentioned in that subsection include power —

(a) to enter into contracts, agreements or arrangements;

(b) to offer and conduct courses in and provide facilities for adult education or further education, and organise or sponsor seminars, workshops and conferences;

(c) to publish or provide any information, or publish or sponsor the publication of works, relating to adult education, further education or private education;

(d) to apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights;

(e) to enter into agreements or arrangements for the commercial exploitation of those intellectual property rights, whether by assignment, licensing or otherwise;

(f) with the approval of the Minister, to join in the formation of a company, association, trust or partnership or enter into a joint venture with any person;

(g) to be a member of a company, association, trust or partnership;

(h) to provide financial incentives, support, grant, aid or assistance to any person;

(i) to charge for the provision of goods or services, or the performance of work, by, or on behalf of, the Agency;

(j) to waive the payment of fees and charges payable to the Agency;

(k) to accept gifts, grants, bequests and devises made to the Agency, and act as trustee of money and other property vested in the Agency on trust;

(l) to enter into agreements or arrangements with persons, authorities or organisations in Singapore or overseas for the purposes of the Agency;

(m) to provide technical, consultancy or advisory services to the Government or any other person in Singapore or overseas on any matter related to, or connected with, adult education, further education or private education; and

(n) to do any other thing that is necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.

(3)  To avoid doubt, subsection (1) does not limit any other power given to the Agency by any other provision in this Act or by any other Act.

Directions of Minister, etc.

7.—(1)  The Minister may give to the Agency any direction under section 5 of the Public Sector (Governance) Act 2018.

[5/2018]

(2)  To avoid doubt, the Minister is entitled —

(a) to have information in the possession of the Agency; and

(b) where the information is in or on a document, to have, and make and retain copies of, that document.

(3)  For the purposes of subsection (2), the Minister may —

(a) request the Agency to provide information to the Minister; or

(b) request the Agency to give the Minister access to information.

(4)  The Agency must comply with a request under subsection (3).

(5)  In this section —

[Deleted by Act 3 of 2023 wef 15/06/2023]

“information” means information specified, or of a description specified, by the Minister that relates to the functions of the Agency.

Agency’s symbol, etc.

8.—(1)  The Agency has the exclusive right to the use of one or more symbols or representations as it may select or devise (each called the Agency’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Agency’s activities or affairs.

(2)  A person who —

(a) uses, without the prior written permission of the Agency, a symbol or representation identical with the Agency’s symbol or representation; or

(b) uses a symbol or representation which so resembles the Agency’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

PART 3

CONSTITUTION AND MEMBERSHIP OF AGENCY

Division 1 — Appointment, resignation and removal

Membership of Agency

9.—(1)  The Agency consists of at least 9 and not more than 15 members.

(2)  One of the members (who is not the Chairperson) may be the Chief Executive.

Appointment of Agency members

10.—(1)  Each member of the Agency is to be appointed by the Minister.

(2)  Every appointment must be made by instrument in writing given to the member.

(3)  The instrument must state —

(a) the term of the appointment; and

(b) the date the appointment takes effect, which must not be a date earlier than the date the instrument is received by the member.

Membership disqualification

11.—(1)  In appointing members of the Agency, the Minister must have regard to whether the members of the Agency will collectively possess the appropriate knowledge, skills, and experience to assist the Agency to perform its functions effectively.

(2)  However, the following individuals are disqualified to be or from being a member of the Agency:

(a) an undischarged bankrupt or an individual who has an arrangement with any of his or her creditors;

(b) a Judge or judicial officer;

(c) an individual who has been sentenced to imprisonment for a term of 6 months or more, and has not received a free pardon;

(d) an individual who is —

(i) disqualified under section 154(1) of the Companies Act 1967 from acting as a director, or taking part (whether directly or indirectly) in the management, of a company during the period of disqualification in that section;

(ii) disqualified by a court order under section 149(1), 149A(1) or 154(2) of the Companies Act 1967 from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a company during the period of disqualification in the court order;

(iii) disqualified under section 58(1) of the Variable Capital Companies Act 2018 from acting as a director, or taking part (whether directly or indirectly) in the management of a VCC during the period of disqualification in that provision; or

(iv) disqualified by a court order under section 56(1), 57(1) or 58(2) of the Variable Capital Companies Act 2018 from being a director or in any way (whether directly or indirectly) being concerned in, or taking part in, the management of a VCC during the period of disqualification in the court order;

(e) an individual who lacks capacity in respect of his or her duties as a member within the meaning of the Mental Capacity Act 2008, or in respect of whom an order is made under section 10 of the Mental Health (Care and Treatment) Act 2008.

[S 461/2020]

(3)  In this section, “VCC” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018.

[S 461/2020]

Chairperson and Deputy Chairperson

12.—(1)  The Minister may, by instrument in writing, appoint —

(a) a member (other than the Chief Executive) to be the Chairperson of the Agency for the period specified in the instrument; and

(b) a member (other than the Chairperson of the Agency) to be the Deputy Chairperson of the Agency for the period specified in the instrument.

(2)  The Chairperson or Deputy Chairperson holds office until —

(a) his or her term of office as Chairperson or Deputy Chairperson (as the case may be) expires;

(b) he or she ceases to hold office as a member of the Agency; or

(c) the Minister terminates his or her appointment as Chairperson or Deputy Chairperson, as the case may be,

whichever first happens.

(3)  The Deputy Chairperson of the Agency has and may exercise all of the functions and powers of the Chairperson in relation to a matter if —

(a) the Chairperson is unavailable; or

(b) the Chairperson is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter.

[5/2018]

Premature vacancies

13.—(1)  If a premature vacancy occurs in the office of any member of the Agency, the Minister may, subject to sections 9, 10 and 11, appoint an individual to fill the vacancy and hold that office for the remainder of the term for which the vacating member was appointed.

(2)  In this section, “premature vacancy”, for an office, means a vacancy that occurs in that office for any reason other than the expiry of the term of office.

Acting Chairperson and members

14.—(1)  The Minister may appoint an individual (other than the Chief Executive) to act temporarily as the Chairperson of the Agency during any period, or during all periods, when the Chairperson —

(a) is absent from duty or Singapore; or

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

(2)  The Minister may appoint an individual to act temporarily as a member of the Agency (other than the Chairperson) during any period, or during all periods, when the member —

(a) is absent from duty or Singapore; or

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

(3)  An individual is ineligible for appointment under this section to act as the Chairperson or a member of the Agency if the individual is disqualified under section 11(2) for appointment as a member of the Agency.

Removal of member

15.—(1)  The Minister may, at any time and without giving any reason, remove a member of the Agency from office.

(2)  Every removal under subsection (1) must be made by written notice given to the member with a copy to the Agency.

(3)  The notice must state the date the removal takes effect, which must not be a date earlier than the date the member receives the notice.

Resignation from office

16.—(1)  A member of the Agency may resign his or her office by written notice to the Minister (with a copy to the Agency) signed by the member.

(2)  The resignation is effective when the notice in subsection (1) is received by the Minister or at any later time specified in the notice.

Validity of acts, etc.

17.—(1)  Despite section 33 of the Interpretation Act 1965, the exercise of any power or performance of any function by the Agency is not affected merely because at the relevant time —

(a) there was a vacancy in the membership of the Agency, including a vacancy arising from the failure to appoint a member;

(b) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or

(c) there was an irregularity in the Agency’s decision‑making procedure that does not affect the merits of the decision made.

[5/2018]

(2)  The acts of an individual as a member of the Agency are not affected merely because —

(a) there was some defect or irregularity existing in the appointment or continuance in office of the individual purporting to be a member of the Agency; or

(b) in the case of an individual acting in the capacity of the Chairperson, member or Chief Executive, the occasion for the individual so acting, or for his or her appointment, had not arisen or had ended.

Division 2 — Terms and conditions for members

Term of appointment

18.—(1)  Subject to section 20, each member of the Agency holds office for a period of 3 years or any shorter period specified in the instrument of appointment.

(2)  A member of the Agency may be re‑appointed.

Remuneration, etc.

19.  The members of the Agency may be paid, out of the funds of the Agency, such salaries, fees and allowances as the Minister determines.

Vacation of office

20.—(1)  A member of the Agency ceases to hold office if he or she —

(a) dies;

(b) is adjudicated a bankrupt or makes an arrangement with any of his or her creditors;

(c) becomes otherwise disqualified from being a member under section 11(2);

(d) is removed from office in accordance with section 15;

(e) resigns in accordance with section 16;

(f) fails without reasonable cause to disclose any interest required under the Public Sector (Governance) Act 2018 and a notice is given under that Act to the Minister about that default;

(g) fails to attend 3 consecutive meetings of the Agency without the approval of the Agency; or

(h) is not re‑appointed when his or her term of office expires.

[5/2018]

(2)  A member is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.

Division 3 — [Repealed by Act 5 of 2018]

21.  [Repealed by Act 5 of 2018]

22.  [Repealed by Act 5 of 2018]

23.  [Repealed by Act 5 of 2018]

24.  [Repealed by Act 5 of 2018]

25.  [Repealed by Act 5 of 2018]