Singapore legislation
Clause 26
Clause 26
Directions when licence expires, etc.
(1)
This section applies where any of the following, each called in this section a relevant event, occurs:
a licence expires, or is expiring, but no application to renew the licence is made before the renewal deadline mentioned in section 7(3);
a licence is transferred under section 13;
a licensee ceases to operate the licensable SRH specified in the licence or surrenders the licence, or gives written notice under section 14 of the cessation of the operation of the licensable SRH or surrender of the licence;
a licensee (who is an individual) dies but the licence has not been revoked under section 15(6) or 30(1) or has not lapsed under section 15(4);
a licence lapses under section 15;
a licensee is given a direction under section 25 to cease the operation of a licensable SRH or any part of a licensable SRH;
a licensee is given written notice of the revocation, suspension or shortening of the term, of the licence under section 30.
(2)
The purposes of this section are —
to secure the orderly cessation of the licensee’s operation of a licensable SRH with minimal disruption to the residents of the licensable SRH; and
where the residents of the licensable SRH are also provided with care, biopsychosocial intervention or support to carry out daily activities, to ensure continuity of the provision of care, biopsychosocial intervention or support to carry out daily activities to the residents.
(3)
The Director‑General may, for the purposes of this section, give directions to one or more of the following persons:
the licensee;
a key appointment holder of the licensee;
if there is no key appointment holder of the licensee who is able to comply with the directions, any person who was a key appointment holder of the licensee in the period of 6 months immediately preceding the date of the relevant event mentioned in subsection (1).
(4)
Without limiting subsection (3), the Director‑General may give all or any of the following directions under that subsection:
that the licensee must appoint one or more key appointment holders mentioned in subsection (3)(b) or former key appointment holders mentioned in subsection (3)(c) to do either or both of the following:
oversee the orderly transfer of the residents to another licensable SRH;
advise the licensee on the operation of the licensable SRH mentioned in subsection (2);
that the licensee must provide the Director‑General with any assistance that the Director‑General may specify with respect to alternative arrangements for the residents relating to their residential accommodation and whichever of the following the licensee provides to the residents:
care;
biopsychosocial intervention;
support to carry out daily activities;
any other direction that the Director‑General thinks is necessary to ensure the orderly cessation of the licensee’s operation of the affected licensable SRH so as to cause minimal disruption to the residents, which may include a direction for the continued operation of the affected licensable SRH for any period that the Director‑General may specify.
(5)
A direction given under subsection (3) takes effect from the date it is served on the person to whom it is addressed, or on any later date that the direction may specify.
(6)
A person to whom a direction is given under subsection (3) must comply with the direction as soon as it takes effect.
(7)
A person who, without reasonable excuse —
fails to comply with a direction given under subsection (3); or
fails to comply with a direction given under subsection (3) within the period specified by the Director‑General,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 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
(8)
In this section, “licensee” includes a person who has ceased to hold a licence.