Singapore legislation

Section 41

of Active Mobility Act 2017

Section 41

Powers of public path wardens and volunteer public path wardens, etc.

Amended by38/201838/201838/2018

(1)

The Authority must issue to every public path warden and volunteer public path warden a written authorisation specifying such power as is specified in subsection (2) or (3) that the public path warden and volunteer public path warden, respectively, may exercise.

Amended by38/2018

(2)

The powers that a public path warden may be authorised under this section to exercise are all or any of the following:

(a)

to ask an individual suspected of committing an offence under Part 3 or 3A to state the individual’s name and residential address;

(b)

to advise the individual to stop engaging in conduct that is an offence under Part 3 or 3A;

(c)

to photograph or film, or otherwise record the place where, or in respect of which, an offence under Part 3 or 3A was committed or is reasonably suspected to have been committed, and any individual or vehicle in that place; (d)to take statements —

(i)

from an individual mentioned in paragraph (a) or (c); and

(ii)

from any complainant against the individual mentioned in paragraph (a),and to require such an individual to make and sign a declaration of the truth of the statement made by the individual;

(e)

to exercise powers expressly conferred on a public path warden under this Act.

Amended by38/2018

(3)

The powers that a volunteer public path warden may be authorised under this section to exercise are all or any of the following:

(a)

to ask an individual suspected of committing an offence under Part 3 to state the individual’s name and residential address;

(b)

to advise the individual to stop engaging in conduct that is an offence under Part 3;

(c)

to photograph or film, or otherwise record the place where, or in respect of which, an offence under Part 3 was committed or is reasonably suspected to have been committed, and any individual or vehicle in that place;

(d)

to exercise powers expressly conferred on a volunteer public path warden under this Act.

(4)

Subject to section 11A of the Land Transport Authority of Singapore Act 1995, the powers that an outsourced enforcement officer may exercise under this Act are all or any of the following:

(a)

to ask an individual suspected of committing an offence under Part 3 or 3A to state the individual’s name and residential address;

(b)

to advise the individual to stop engaging in conduct that is an offence under Part 3 or 3A;

(c)

to photograph or film, or otherwise record the place where, or in respect of which, an offence under Part 3 or 3A was committed or is reasonably suspected to have been committed, and any individual or vehicle in that place;

(d)

to exercise powers expressly conferred on an outsourced enforcement officer under this Act.

Amended by38/2018

(5)

However, to avoid doubt, the Authority cannot authorise under subsection (1) a volunteer public path warden to arrest any individual.

(6)

The written authorisation under subsection (1) for a public path warden or volunteer public path warden may also do all or any of the following:

(a)

limit the powers in subsection (2) or (3) that the public path warden or the volunteer public path warden (as the case may be) may exercise;

(b)

limit where in Singapore the public path warden or volunteer public path warden may exercise his or her powers in subsection (2) or (3) (as the case may be) or any of them;

(c)

limit when the public path warden or volunteer public path warden may exercise his or her powers in subsection (2) or (3) (as the case may be) or any of them; (d)limit the circumstances in which the public path warden or volunteer public path warden may exercise his or her powers in subsection (2) or (3) (as the case may be) or any of them.

(7)

The powers that a public path warden or a volunteer public path warden may be authorised under this Act to exercise may be exercised only to the extent authorised by the Authority under this section.

Section 41 — Active Mobility Act 2017 | laws.sg