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Contents  

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III LICENSING OF ACTIVITIES RELATING TO GAS

Part IV MODIFICATION AND ENFORCEMENT OF GAS LICENCES

Part V GAS TRANSPORTERS

Part VI GAS RETAILERS AND GENERAL PROVISIONS

Part VII GAS NETWORK CODE

Part VIIA CODES OF PRACTICE

Part VIIB CONTROL OF GAS LICENSEES AND ENTITIES WITH INTEREST IN GAS PIPELINE NETWORK

Part VIII SAFETY

Part IX COMPETITION

Part X APPEAL PANEL

Part XI MISCELLANEOUS

Part XII TRANSITIONAL PROVISIONS

Legislative History

 
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On 22/10/2017, you requested the version in force on 22/10/2017 incorporating all amendments published on or before 22/10/2017. The closest version currently available is that of 14/02/2008.
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PART XII
TRANSITIONAL PROVISIONS
Transfer of property, rights, obligations and liabilities for separation of gas transporting and retailing business
98.
—(1)  On such date as the Minister may determine, such property (whether movable or immovable and whether tangible or intangible), rights, obligations and liabilities comprised in any gas company specified by the Minister —
(a)
in which the Government has an interest; and
(b)
which is agreed to by the Minister for Finance for the purposes of this section,
(transferor undertaking) shall become, by virtue of this section and without further assurance, the property, rights, obligations and liabilities of such other gas company specified by the Minister —
(i)
in which the Government has an interest; and
(ii)
which is agreed to by the Minister for Finance for the purposes of this section,
(transferee undertaking) in such manner of distribution or allocation and on such terms as to compensation or otherwise, as determined by the Minister and agreed to by the Minister for Finance and set out in a scheme under regulations made by the Minister for the purposes of this section.
[24/2007 wef 11/06/2007]
(2)  Any immovable property to be transferred to a transferee undertaking under subsection (1) shall be held by such transferee undertaking upon such tenure and subject to such terms and conditions as the Minister may determine.
(3)  If any question arises as to whether any particular property, right, obligation or liability of any transferor undertaking has been transferred to a transferee undertaking, a certificate signed by the Minister for Finance shall be conclusive evidence that the property, right, obligation or liability was or was not so transferred.
(4)  For the purposes of subsection (1) and section 99, the Minister may determine one or more dates on which the provisions of this Part may have effect and where the Minister does so determine, the provisions of this Part shall be construed accordingly and shall have effect on each such date.
(5)  For the purpose of subsection (1) the Minister may direct that an undertaking be incorporated for such purposes as the Minister may determine for furthering the objectives of this Part.
(6)  No claim for any loss shall be brought against the Government in relation to any act or thing done for the purposes of this Part.
(7)  The Minister may at any time vary the terms of any transfer of property, rights, obligations or liabilities under this section.
(8)  In this section, a reference to the Government having an interest in a gas company shall be read as a reference to the Government having an interest in any share in the gas company, whether directly or through one or more other persons.
[24/2007 wef 11/06/2007]
Existing agreements, etc.
99.
—(1)  Except as may be prescribed by the Minister, all deeds, bonds, agreements and other arrangements subsisting immediately prior to the date determined by the Minister under section 98(1) affecting any property, rights, obligations and liabilities transferred under that section shall continue in full force and effect on and after that date and shall be enforceable by or against the transferee undertaking to which the transfer was made as if instead of the transferor undertaking the transferee undertaking was named therein or had been a party thereto.
[24/2007 wef 11/06/2007]
(1A)  Notwithstanding subsection (1), any right, obligation or liability as may have accrued under any deed, bond, agreement or other arrangement to which subsection (1) applies prior to the date determined by the Minister under section 98(1) shall continue to be enforceable by or against the transferor undertaking and not by or against the transferee undertaking.
[24/2007 wef 11/06/2007]
(2)  For the purpose of subsection (1A), any proceedings, or any cause of action, relating to property, rights, obligations or liabilities transferred under section 98 pending or existing prior to the date determined by the Minister under section 98(1) by or against the transferor undertaking from which such property, rights, obligations or liabilities were transferred shall be continued, or shall be enforced, by or against the transferor undertaking, as the case may be.
[24/2007 wef 11/06/2007]
Waiver of prohibition of transfer
100.
—(1)  Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the transferor undertaking is a party or may be bound prohibiting or having the effect of prohibiting the transfer of the property, rights, obligations or liabilities under this Part shall be deemed by this Act to have been waived.
(2)  Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the transferor undertaking is a party or may be bound conferring on the other party or parties thereto any right of first refusal or pre-emption rights in respect of any property, right, obligation or liability comprised in the undertakings to be transferred by reason of or arising from, or to the effect that a default shall occur or be deemed to occur as a result of, the transfer or intended transfer of the property, right, obligation or liability under this Part shall be deemed by this Act to have been waived.
Power to make regulations and issue directions, etc.
101.
—(1)  The Minister may make regulations and may issue directions for such purposes as the Minister may determine for the purposes of giving effect to, or furthering the objectives of, this Part.
(2)  The Minister may, in respect of the transfer of property, rights, obligations and liabilities under section 98 and the application of any legal requirement in relation to —
(a)
the payment of compensation in respect of such transfer;
(b)
the issue of shares by any undertaking specified under section 98;
(c)
the payment of any tax, duty or other levy; and
(d)
the preparation of statutory accounts,
make regulations making provision for applying, omitting or modifying the application of any provision of any written law for the purposes of giving effect to this Part.
(3)  The Minister may, in making regulations —
(a)
provide that any person who contravenes any regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 10% of the annual turnover of the person’s gas business ascertained from that person’s latest audited accounts, or an amount not exceeding $1 million, whichever is the higher, or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part thereof during which the offence continues after conviction;
(b)
where any regulations require the transferor undertaking to do or not to do any thing, provide that the obligation of the transferor undertaking to comply with such regulations is a duty owed to the transferee undertaking and any breach of such duty shall be actionable at the suit or instance of the transferee undertaking who shall have a right of action for relief in civil proceedings in a court under the relevant regulation against the transferor undertaking, subject to such limitations as the Minister may prescribe; and
(c)
where any regulations require the transferee undertaking to do or not to do any thing, provide that the obligation of the transferee undertaking to comply with such regulations is a duty owed to the transferor undertaking and any breach of such duty shall be actionable at the suit or instance of the transferor undertaking who shall have a right of action for relief in civil proceedings in a court under the relevant regulation against the transferee undertaking, subject to such limitations as the Minister may prescribe.
[24/2007 wef 11/06/2007]
(4)  Where the Minister issues any direction requiring any person to do or not to do any thing and the person contravenes such direction, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 10% of the annual turnover of the person’s gas business ascertained from that person’s latest audited accounts, or an amount not exceeding $1 million, whichever is the higher, or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part thereof during which the offence continues after conviction.
[24/2007 wef 11/06/2007]
(5)  Where the Minister issues any direction —
(a)
requiring the transferor undertaking to provide to the transferee undertaking any information, warranty or other statement; or
(b)
requiring the transferee undertaking to provide to the transferor undertaking any information, warranty or other statement,
the undertaking required to provide the information, warranty or other statement (the first-mentioned undertaking) shall be under an obligation to ensure that such information, warranty or other statement provided to the other undertaking (the second-mentioned undertaking) is not false, inaccurate, incomplete or misleading.
[24/2007 wef 11/06/2007]
(6)  The obligation of the first-mentioned undertaking referred to in subsection (5) is a duty owed to the second-mentioned undertaking and any breach of such duty which causes the second-mentioned undertaking to sustain any loss or damage shall be actionable at the suit or instance of the second-mentioned undertaking who shall have a right of action for relief in civil proceedings in a court under this subsection against the first-mentioned undertaking, subject to such limitations as the Minister may prescribe.
[24/2007 wef 11/06/2007]
(7)  The court may grant to the plaintiff in an action under the relevant regulation referred to in subsection (3) or under subsection (5), as the case may be, any or all of the following reliefs:
(a)
relief by way of injunction or declaration;
(b)
damages; and
(c)
such other relief as the court thinks fit.
[24/2007 wef 11/06/2007]
(8)  No contravention by any party of any regulations or directions made under this Part shall avoid the transfer of any property, rights, obligations or liabilities effected under section 98(1).
[24/2007 wef 11/06/2007]