Singapore legislation

Clause 48

Appeals to Minister

(1)

The former holder of a licence revoked under section 20(2)(a) (called the appellant) may appeal to the Minister against the Director’s decision under that section to revoke the licence.

(2)

An applicant for a licence (called the appellant) may appeal to the Minister against any refusal by the Director under section 11(1)(b) to grant the applicant the licence.

(3)

A licensee that is aggrieved by any of the following decisions of the Director (called the appellant) may appeal to the Minister against the decision:

(a)

any refusal of the Director under section 11(1)(b) to grant on renewal the licensee’s licence;

(b)

any regulatory action taken against the licensee under section 20(2)(b);

(c)

any direction of the Director under section 23(2) to remove an individual from his or her appointment as a key appointment holder of the appellant;

(d)

any direction of the Director under section 24(9) to remove an individual from his or her appointment as the appellant’s Principal Officer or Clinical Governance Officer and replace that individual.

(4)

A section 25 licensee (called the appellant) may appeal to the Minister against a direction made by the Director under section 40.

(5)

An appeal under this section —

(a)

must be in writing;

(b)

must specify the grounds on which it is made; and

(c)

must be made within the prescribed period after the appellant is notified of the Director’s decision or direction (as the case may be) that is appealed against.

(6)

The Minister may reject an appeal of an appellant that fails to comply with subsection (5).

(7)

After consideration of an appeal, the Minister may —

(a)

reject the appeal and confirm the Director’s decision or direction, as the case may be; or

(b)

allow the appeal and substitute or vary the Director’s decision or direction, as the case may be.

(8)

The Minister’s decision on an appeal is final.

(9)

Every appellant must be notified of the Minister’s decision under subsection (7).

(10)

An appeal against the Director’s decision or direction, as the case may be —

(a)

does not affect the operation of the decision or direction (as the case may be) appealed against or prevent the taking of action to implement the decision or direction, as the case may be; and

(b)

unless otherwise directed by the Minister, the decision or direction (as the case may be) appealed against must be complied with until the determination of the appeal.

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