Singapore legislation
Section 26H
Section 26H
Interim orders
(1)
Where it appears to the Board that a registered person must without delay stop carrying out any prescribed practice of traditional Chinese medicine because there are reasonable grounds to believe that —
there is a serious and imminent risk to the public if there is no such stoppage; or (b)it is appropriate or requisite that an interim order be made in order to avoid any actual incident that endangers the public,the Board may, instead of proceeding under Division 2, make an interim order.
(2)
An interim order —
must require the registered person to whom it relates to stop carrying out the prescribed practice of traditional Chinese medicine that the registered person is registered to carry out;
takes effect at the time, being the earliest practicable time, specified in the interim order; and
may be revoked at any time by the Board.
(3)
In determining whether it is appropriate or requisite that an interim order be made against a registered person, the Board must have regard, in particular, to —
the extent to which the registered person or any other person is likely to sustain harm or damage; and
the nature and likely consequences of any such harm or damage,if the registered person continues to carry out the prescribed practice of traditional Chinese medicine the registered person is registered to carry out before a decision under section 26G(2)(a) or (b) is made.
(4)
Subject to subsections (5) to (8), the Board may confirm an interim order made against a registered person, with or without modifications, if the Board is satisfied that it continues to be necessary to prevent the registered person from carrying out the prescribed practice of traditional Chinese medicine that the registered person is registered to carry out.
(5)
Before the Board confirms an interim order, the Board must —
refer the interim order to an Inquiry Committee; and
give written notice to the registered person concerned —
stating that the Board proposes to confirm the interim order and setting out its effect;
setting out the facts which, in the Board’s opinion, justify the confirmation of the interim order; and
specifying the period (being at least 30 days starting on the date of service of the notice) within which the registered person may make representations or objections with respect to the proposed confirmation and modifications (if any) to the Inquiry Committee.
(6)
Where the Board refers an interim order to an Inquiry Committee under subsection (5)(a) —
the Inquiry Committee must give the registered person an opportunity of appearing before the Inquiry Committee (whether in person or represented by counsel) to be heard on the proposed confirmation and modifications (if any) of the interim order; and
sections 26E (except subsection (4)(b)), 26F and 26G(1)(a) apply with the necessary modifications.
(7)
The Inquiry Committee mentioned in subsection (5)(a) may recommend that the Board confirm or not confirm the interim order, with or without modifications, after considering —
the facts which, in the Board’s opinion, justify the confirmation of the interim order; and
any representations or objections made by the registered person concerned with respect to the proposed confirmation and modifications (if any) of the interim order.
(8)
The Board may, after considering the recommendation of the Inquiry Committee under subsection (7) —
confirm the interim order, with or without modifications; or
not confirm the interim order.
(9)
In this section, “interim order” means an order which, if not confirmed in accordance with subsection (8), ceases to have effect at the end of the period (not exceeding 18 months) that the order specifies.