Singapore legislation
Section 63E
of Gas Act 2001
Section 63E
Power to issue directions
(1)
The Authority may issue any direction under subsection (2) or (3) (as the case may be) to a person if the Authority is satisfied that —
the person has contravened section 63B(3) or (4);
in the case of a person who has obtained the Authority’s approval under section 63B(3) or who has been exempted from section 63B(3) under section 63D —
the person is not or ceases to be a fit and proper person;
having regard to the person’s likely influence —
the designated gas 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 63B(4) or who has been exempted from section 63B(4) under section 63D, and who has acquired as a going concern a business referred to in section 63B(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 to the Authority in connection with the person’s application for the Authority’s approval under section 63B(3) or (4);
the Authority would not have approved the person’s application for its approval under section 63B(3) or (4) had it been aware, at that time, of circumstances relevant to the application; or
any condition imposed on the person under section 63C or 63D has not been complied with.
(2)
Where the person is a 12% controller, a 30% controller or an indirect controller of a designated gas 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 63F 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 the person has acquired as a going concern a business referred to in section 63B(4), the Authority may, by written notice —
direct the person to transfer or dispose of the business or any part thereof within such time and subject to such conditions as the Authority considers appropriate;
restrict the transfer or disposal of the business or any part thereof; or
make such other direction as the Authority considers appropriate.
(4)
Before issuing any direction to any 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 that person notice in writing of the Authority’s intention to issue the direction and specifying 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 at any time vary or revoke any direction issued under this section.