Singapore legislation
Clause 39
Clause 39
Qualified person to be independent
(1)
No person shall, for the purposes of this Act, appoint any qualified person to —
review or certify any design and specifications, proposed installation method and programme or proposed modification method and programme in respect of any amusement ride;
supervise any installation works, modification works or relocation works;
inspect or certify any amusement ride; or
carry out any other function in respect of any amusement ride,if he knows or ought reasonably to know that the qualified person has any professional or financial interest in the amusement ride or the operation thereof, or in the installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride.
(2)
A qualified person shall not, for the purposes of this Act —
review or certify any design and specifications, proposed installation method and programme or proposed modification method and programme in respect of any amusement ride;
supervise any installation works, modification works or relocation works;
inspect or certify any amusement ride; or
carry out any other function in respect of any amusement ride,if he has any professional or financial interest in the amusement ride or the operation thereof, or in the installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride.
(3)
A qualified person shall be regarded as having a professional or financial interest in any amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride if —
he is or has, in any capacity, been responsible for, or is or has acted as a consultant in, the preparation of the design and specifications, proposed installation method and programme or proposed modification method and programme in respect of the amusement ride;
he or any nominee of his is a member, an officer or an employee of any company or other body which has a professional or financial interest in the amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride;
he is a partner or is in the employment of a person who has a professional or financial interest in the amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride; or
he holds any interest in the amusement ride or any part thereof.
(4)
For the purposes of this section —
a person shall be treated as having a professional or financial interest in an amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride, even if he has that interest only as trustee for the benefit of some other person; and
in the case of a husband and wife living together, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.
(5)
For the purposes of this section —
the carrying out of any function under this Act as a qualified person; and
the entitlement to any fee paid for carrying out any such function,shall not of itself be regarded as constituting a professional or financial interest.
(6)
Any person who contravenes subsection (1) or (2) 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.