Presidential Elections (Community Declaration and Community Certificate) Regulations 2017

No. S 264

Presidential Elections Act

(CHAPTER 240A)

Presidential Elections
(Community Declaration and
Community Certificate) Regulations 2017

In exercise of the powers conferred by section 81 of the Presidential Elections Act, the Prime Minister makes the following Regulations:

PART 1

PRELIMINARY

Citation and commencement

1. These Regulations are the Presidential Elections (Community Declaration and Community Certificate) Regulations 2017 and come into operation on 1 June 2017.

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“applicant” means a declarant who is also applying for a community certificate;

“Committee” means the Community Committee;

“declarant” means a person who submits a community declaration;

“Form” means a Form in the Schedule;

“Secretary” means the Secretary to the Committee appointed under regulation 15.

(2) Any notice or notification required to be given under these Regulations must be given in writing.

PART 2

COMMUNITY DECLARATION AND
APPLICATION FOR COMMUNITY CERTIFICATE

Form of community declaration, etc.

3.—(1) A community declaration must be made in Form 1.

[S 363/2023 wef 13/06/2023]

(2) A community declaration may (but need not) be accompanied by a statutory declaration by the declarant setting out any further information that the declarant wishes to submit in support of the community declaration and any application for a community certificate.

[S 363/2023 wef 13/06/2023]

(3) A statutory declaration under paragraph (2) must not be more than 2 printed A4 pages in length.

[S 363/2023 wef 13/06/2023]

Supply of form

4. The Secretary may supply Form 1 to any person at any time during the period for submitting a community declaration under section 8F(3) of the Act.

Fact-finding

5.—(1) A Sub-Committee for a community may, for the purposes of deciding whether a declarant belongs to the community —

(a)	require the declarant to provide further information;
(b)	interview the declarant;
(c)	inform itself on any matter; and
(d)	consult any person,

and may take into account any refusal by the declarant to provide further information or to be interviewed.

(2) The Committee may, for the purposes of deciding whether to invite a declarant to submit another community declaration under section 8H(2)(b) or (4)(d)(ii) of the Act —

(a)	require the declarant to provide further information;
(b)	interview the declarant;
(c)	inform itself on any matter; and
(d)	consult any person,

and may take into account any refusal by the declarant to provide further information or to be interviewed.

Certain declarants to be notified about whether declaration accepted

6.—(1) This regulation applies if, in an election other than a reserved election, a declarant states in his or her community declaration that he or she does not consider himself or herself to be a member of the Chinese community, the Malay community or the Indian or other minority communities.

(2) The Committee must, as soon as possible after deciding whether to accept the community declaration, notify the declarant of the Committee’s decision.

(3) Notice that the community declaration is accepted must be given in Form 2.

[S 363/2023 wef 13/06/2023]

Applicant to be notified of decision on application

7.—(1) If a community declaration includes an application for a community certificate, the Committee must notify the applicant of its decision on the application as soon as practicable, and in any case no later than the day before nomination day.

(2) Notice of the Committee’s decision to reject an application for a community certificate must be given in Form 3.

Form of community certificate

8. A community certificate must be issued in Form 4.

Collection of community certificate

9. A successful applicant must collect the community certificate issued to the applicant no later than the day before nomination day.

Correspondence

10. For the purposes of the Act, any correspondence with the Committee or its Sub-Committees must be addressed to the Chairman of the Committee and must be sent to the Secretary.

PART 3

PROCEDURE OF COMMITTEE
AND SUB-COMMITTEES

Meetings

11.—(1) The Committee is to meet for the despatch of business at such times and places as the Chairman of the Committee may from time to time appoint.

(2) Unless any member objects, the Committee may despatch business without meeting in person if the Chairman of the Committee so directs.

Quorum

12. The quorum for a meeting of the Committee is 9 members consisting of 3 members from each of the Sub‑Committees.

Presiding at meetings

13.—(1) The Chairman of the Committee is to preside at every meeting of the Committee at which the Chairman is present.

(2) In the absence of the Chairman of the Committee, the members present at a meeting are to elect amongst themselves a person to preside.

Procedure of Sub-Committees

14.—(1) Regulations 11 and 13 apply to a Sub‑Committee, subject to the following modifications:

(a)	references to the Committee are to be read as references to a Sub‑Committee;
(b)	references to the Chairman of the Committee are to be read as references to the Chairman of the relevant Sub‑Committee.

(2) The quorum for a meeting of a Sub‑Committee is 3 members of the Sub‑Committee.

Secretary

15.—(1) The Chairman of the Committee may appoint a public officer to be the Secretary to the Committee.

(2) The Secretary may convey any decision, direction, request or information on behalf of the Committee, and may also perform such other duties as the Chairman of the Committee may assign.

(3) The office of the Secretary is to be at the Elections Department.

Elections Department to assist Committee and Sub-Committees

16. The Elections Department is to assist the Committee and its Sub‑Committees in the discharge of their functions under the Act.

Made on 30 May 2017.

LEO YIP

Permanent Secretary,
Prime Minister’s Office,
Singapore.

[ELD(A)/4-34; AG/LEGIS/SL/240A/2015/7 Vol. 1]