Singapore legislation

Clause 25

Carrying out of modification works

(1)

The holder of a modification permit shall ensure that no modification works are carried out except under the supervision of a qualified person.

(2)

It shall be the duty of —

(a)

the holder of a modification permit;

(b)

any person who is directly engaged in the carrying out of the modification works authorised by the modification permit; and

(c)

the qualified person supervising the modification works,to ensure that the modification works are at all times carried out in accordance with —

(i)

the design and specifications and the proposed modification method and programme, as authorised by the modification permit;

(ii)

the conditions of the modification permit;

(iii)

the prescribed requirements; and

(iv)

any direction given by the Commissioner in respect of the modification works.

(3)

Where, in relation to any modification works or part thereof, the Commissioner is of the opinion that —

(a)

any of the requirements under subsection (1) or (2) has not been or is not being complied with; or

(b)

the modification works are dangerous or liable to pose a danger to persons who are employed in connection with the modification works, or who are using or operating, or in the vicinity of, the amusement ride being modified,the Commissioner may, without revoking or suspending the modification permit under section 29, direct the holder of the modification permit or the person directly engaged in carrying out the modification works to —

(i)

cease the modification works or part thereof, either immediately or within such time as may be specified by the Commissioner; and

(ii)

where necessary, take, at the expense of the person to whom the direction is given, such remedial measures as the Commissioner may require,and such modification works or part thereof, as the case may be, shall not be resumed without the consent in writing of the Commissioner.

(4)

The Commissioner may, upon an application made by the holder of the modification permit in such form and manner as the Commissioner may require, grant his consent for the modification works or any part thereof to resume if he is satisfied that any such modification works or part thereof, if allowed to resume —

(a)

will comply with the requirements under subsections (1) and (2); and

(b)

will not pose a danger to any person.

(5)

If the holder of a modification permit contravenes subsection (1), he shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part thereof during which the contravention continues,and if the contravention continues after the conviction, the holder of the modification permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part thereof during which the contravention continues after conviction.

(6)

If any person to whom subsection (2) applies contravenes that subsection, he shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and

(b)

in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part thereof during which the contravention continues,and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part thereof during which the contravention continues after conviction.

(7)

Any person who is directly engaged in the carrying out of any modification works and who, in carrying out such modification works, deviates or permits or authorises any deviation, in any material way from the design and specifications or the proposed modification method and programme as authorised by the modification permit, shall, unless such deviation has been submitted to and approved by the Commissioner in accordance with the regulations, be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.

(8)

Where a person to whom a direction has been given by the Commissioner under subsection (3) —

(a)

fails to comply with the direction; or

(b)

resumes the modification works without the consent in writing of the Commissioner,that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.

Read in full context — Amusement Rides Safety Bill →