Singapore legislation
Section 30D
Section 30D
Power to issue directions
(1)
The Authority may issue any direction to a person under subsection (2) or (3) if the Authority is satisfied that —
the person has contravened section 30B(3) or (4);
in the case of a person who has obtained the Authority’s approval under section 30B(3) or who has been exempted from section 30B(3) under section 30CA —
the person is not or ceases to be a fit and proper person;
having regard to the person’s likely influence —
the designated electricity licensee or designated entity (as the case may be) is not, or is no longer, likely to conduct its business prudently or to comply with the provisions of this Act; or
the trustee-manager of the designated business trust is not, or is no longer, likely to conduct the business of the business trust prudently or to comply with the provisions of this Act; or
it is not, or is no longer, in the public interest to allow the person to continue to be a 12% controller, a 30% controller or an indirect controller, as the case may be;
in the case of a person who has obtained the Authority’s approval under section 30B(4) or who has been exempted from section 30B(4) under section 30CA, and who has acquired as a going concern a business mentioned in section 30B(4) —
the person is not or ceases to be a fit and proper person; or
it is not, or is no longer, in the public interest to allow the person to continue to own or manage that business;
the person has furnished false or misleading information or documents in connection with an application under section 30B; (e)the Authority would not have granted its approval under section 30B had it been aware, at that time, of circumstances relevant to the person’s application for such approval; or
any condition imposed on the person under section 30B or 30CA has not been complied with.
(2)
Where the person is a 12% controller, a 30% controller or an indirect controller of a designated electricity licensee, designated entity or designated business trust, the Authority may, by written notice —
direct the person to take such steps as are necessary, within such period as may be specified by the Authority, to ensure that the person ceases to be a 12% controller, a 30% controller or an indirect controller of the licensee, entity or business trust;
direct the person or any of the person’s associates to transfer or dispose of all or any of the equity interests in the licensee, entity or business trust held by the person or the person’s associate (called in this section and section 30E the specified equity interests) within such time and subject to such conditions as the Authority considers appropriate;
restrict the transfer or disposal of the specified equity interests; or
make any other direction that the Authority considers appropriate.
(3)
Where a person has acquired as a going concern a business referred to in section 30B(4), the Authority may —
direct the person to transfer or dispose of all or any part of the business within such time and subject to such conditions as the Authority considers appropriate; (b)restrict the transfer or disposal of the business or any part of the business; or
make any other direction that the Authority considers appropriate.
(4)
Before issuing any direction to a person under subsection (2) or (3), the Authority must, unless the Authority decides that it is not practicable or desirable to do so, give to the person written notice of the Authority’s intention to issue the direction and specify a date by which the person may make written representations with regard to the proposed direction.
(5)
Upon receipt of any written representation referred to in subsection (4), the Authority must consider it for the purpose of determining whether to issue the direction.
(6)
Any person to whom a direction is issued under this section must comply with the direction.
(7)
The Authority may vary or revoke any direction issued under this section.