Singapore legislation
Clause 90
Clause 90
Codes of practice
(1)
The Minister may —
issue one or more codes of practice;
approve as a code of practice any document prepared by a person other than the Minister if the Minister considers the document suitable for this purpose; or
amend or revoke any code of practice issued under paragraph (a) or approved under paragraph (b),with respect to all or any of the matters mentioned in subsection (2).
(2)
The matters for the purposes of subsection (1) are the following:
the conduct of contributors, users, disclosers, recipients, relevant HDIs of contributors and users and health data intermediaries of disclosers and recipients;
the measures to ensure the confidentiality, integrity and availability of health information and relevant information;
the portability of health information in electronic form that is processed by a relevant HDI of a contributor or user.
(3)
If any provision in any code of practice is inconsistent with any provision of this Act, that provision, to the extent of the inconsistency —
is to have effect subject to this Act; or
having regard to this Act, is not to have effect.
(4)
Where a code of practice is issued, approved, amended or revoked by the Minister under subsection (1), the Minister must —
publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice in a manner that will secure adequate publicity for the issue, approval, amendment or revocation;
specify in the notice the date of the issue, approval, amendment or revocation, as the case may be; and
ensure that, so long as the code of practice remains in force, copies of that code of practice, and of all amendments to it, are made available free of charge to the persons to whom the code of practice applies.
(5)
No issued or approved code of practice, no amendment to any code of practice, and no revocation of any code of practice, has any force or effect until the notice mentioned in subsection (4) is published in accordance with that subsection.
(6)
A code of practice issued or approved under this section does not have legislative effect.
(7)
Subject to subsection (8), a person must comply with any code of practice that is applicable to that person.
(8)
The Minister may, either generally or for any period that the Minister may specify, waive the application of any code of practice, or any part of a code of practice, issued or approved under this section to any person.
(9)
A contravention or failure by a person to comply with a code of practice that applies to the person —
does not of itself render the person liable to criminal proceedings; but(b)in any proceedings (criminal or otherwise) may be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings.