Singapore legislation

Section 44G

of Public Utilities Act 2001

Section 44G

Remedial directions

Amended by13/202013/202013/202013/202013/202013/202013/202013/202013/2020

(1)

This section applies if the Board is satisfied that —

(a)

the person mentioned in subsection (2), (3) or (4) has contravened section 44F(1), (3) or (4), as the case may be;

(b)

any condition of approval imposed on a person under section 44F(7) has not been complied with;

(c)

a person has provided false or misleading information or documents in connection with an application for approval under section 44F(1), (3) or (4), as the case may be;

(d)

in the case of a person who had obtained the Board’s approval under section 44F(5) —

(i)

the person or any associate of the person is not, or has ceased to be, a fit and proper person;

(ii)

that having regard to the influence of the person or of any associate of the person, the designated entity, designated business trust or designated trust (as the case may be) is not, or is no longer likely to continue to conduct its business or undertaking prudently or is not, or is no longer likely to continue its business or undertaking of supplying water to the Board or of collecting, treating, recovering or disposing of used water (including sewage, waste matter and effluent); or

(iii)

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;

(e)

in the case of a person who had obtained the Board’s approval under section 44F(6) —

(i)

the person is not or has ceased to be a fit and proper person; or

(ii)

it is not, or is no longer, in the public interest to allow the person to continue to own or manage the business or undertaking or the part of the business or undertaking that was acquired; or

(f)

the Board would not have granted its approval to a person under section 44F(5) or (6) (as the case may be) if the Board had been aware, at the time, of circumstances relevant to the person’s application for the approval.

Amended by13/2020

(2)

Where the person mentioned in subsection (1) is a 12% controller or 30% controller of a designated entity, designated business trust or designated trust, the Board may do any one or more of the following:

(a)

direct the person to take such steps as are necessary, within the period specified by the Board, to cease to be a 12% controller or 30% controller (as the case may be) of the designated entity, designated business trust or designated trust, as the case may be;

(b)

direct the transfer or disposal of all or any of the equity interest in the designated entity, designated business trust or designated trust (as the case may be) held by the person or any of the person’s associates (called in this section and section 44H the specified equity interest), within such time and subject to such conditions as the Board considers appropriate;

(c)

direct that the transfer or disposal of all or any of the specified equity interest be restricted, subject to any conditions that the Board considers appropriate;

(d)

make any other direction that the Board considers appropriate.

Amended by13/2020

(3)

Where the person mentioned in subsection (1) is an indirect controller of a designated entity, designated business trust or designated trust, the Board may do one or both of the following:

(a)

direct the person, or direct the designated entity, the trustee-manager of the designated business trust or the trustee of the designated trust (as the case may be) to take such steps as are necessary, within the period specified by the Board, to cease to be such an indirect controller or to cause the person to cease to be such an indirect controller, as the case may be;

(b)

make any other direction that the Board considers appropriate.

Amended by13/2020

(4)

Where the person mentioned in subsection (1) has acquired as a going concern a business or an undertaking mentioned in section 44F(4), the Board may do one or both of the following:

(a)

direct the person to transfer or dispose of all or any part of the business or undertaking within such time and subject to any conditions that the Board considers appropriate;

(b)

make any other direction that the Board considers appropriate.

Amended by13/2020

(5)

Before issuing any direction to a person under subsection (2), (3) or (4), the Board must —

(a)

unless the Board decides that it is not practicable or desirable to do so, give the person written notice of the Board’s intention to issue the direction and specify a date by which the person may make written representations with regard to the direction; and

(b)

consider every written representation from the person received on or before the specified date mentioned in paragraph (a).

Amended by13/2020

(6)

The Board may, at any time, revoke, vary or discharge any direction under subsection (2), (3) or (4) or suspend the operation of any such direction.

Amended by13/2020

(7)

Any person who is aggrieved by the Board’s decision to issue a direction under subsection (2), (3) or (4) or to vary a direction under subsection (6) may, within 14 days after being informed of the decision, appeal to the Minister whose decision is final.

Amended by13/2020

(8)

Despite the fact that any appeal under subsection (7) is pending, any direction issued by the Board under subsection (2), (3) or (4) and any variation of a direction under subsection (6) take effect from the date specified by the Board, unless the Minister otherwise directs.

Amended by13/2020

(9)

Any person who fails to comply with a direction issued by the Board under subsection (2), (3) or (4) (including a direction that is varied under subsection (6)) within the period specified by the Board shall be guilty of an offence.

Amended by13/2020