Singapore legislation

Clause 30

of Social Residential Homes Bill

Clause 30

Revocation or suspension, etc., of licence

(1)

Subject to section 31, if the Director‑General is satisfied that —

(a)

a licensee is contravening or not complying with, or has contravened or failed to comply with —

(i)

any condition of the licensee’s licence;

(ii)

any provision of this Act, the contravention of which is not an offence under this Act;

(iii)

any provision of a code of practice applicable to the licensee; or

(iv)

a confirmed interim order under section 32;

(b)

the licensee does not, or has ceased to, operate the licensable SRH authorised by the licence for the prescribed period;

(c)

the licensee or a key appointment holder of the licensee is convicted of any of the following offences committed during the term of the licence:

(i)

any offence under this Act;

(ii)

an offence specified in the First Schedule to the Registration of Criminals Act 1949;

(iii)

an offence, whether in Singapore or elsewhere, involving dishonesty or the conviction for which involved a finding that the licensee or key appointment holder had acted dishonestly;

(iv)

any prescribed offence;

(d)

the licensee or a key appointment holder of the licensee is no longer a suitable person to be granted a licence having regard to the matters mentioned in section 8(2), or to be involved in the operation of the licensable SRH authorised by the licence;

(e)

the licensee fails to operate the licensable SRH in a manner that ensures the safety, welfare and wellbeing of the residents of the licensable SRH;

(f)

the licence has been obtained by fraud or misrepresentation;

(g)

the licensee —

(i)

is, or is likely to be, declared a bankrupt;

(ii)

has gone, or is likely to go, into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or

(iii)

has made any assignment to, or composition with, its creditors or if a corporation, a limited liability partnership or an unregistered company is unable to pay its debts;

(h)

the premises at which the licensable SRH is operated are no longer safe or suitable for use as a licensable SRH; or

(i)

the public interest so requires,the Director‑General may revoke (without compensation) the licensee’s licence.

(2)

However, the Director‑General may, in lieu of revoking a licensee’s licence under subsection (1), do any one or more of the following (without compensation):

(a)

shorten (for not longer than the prescribed period) the term of the licence;

(b)

suspend the licence for a period that the Director‑General thinks fit;

(c)

modify any condition of the licence, and section 11(2), (3) and (4) is disapplied.

(3)

In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the Director‑General may accept the licensee’s or person’s conviction as final.

(4)

For the purposes of subsection (1)(g)(iii) —

(a)

a corporation is unable to pay its debts if it is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018; (b)a limited liability partnership is unable to pay its debts if it is deemed to be so unable under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act 2005; and

(c)

an unregistered company (other than a corporation mentioned in paragraph (a) or a limited liability partnership mentioned in paragraph (b)) is unable to pay its debts if it is deemed to be so unable under section 246(2) of the Insolvency, Restructuring and Dissolution Act 2018.

(5)

In this section, “unregistered company” has the meaning given by section 245(1) of the Insolvency, Restructuring and Dissolution Act 2018.

Read in full context — Social Residential Homes Bill →