Singapore legislation

Clause 33

Regulatory action in respect of approved individuals

(1)

Subject to section 34, the Director‑General may cancel (without compensation) an approval granted under section 21 for a licensee to —

(a)

appoint an approved individual as a key appointment holder of the licensee;

(b)

appoint an approved individual as the person‑in‑charge of the licensable SRH to which the licensee’s licence relates; or

(c)

deploy an approved individual to carry out a prescribed duty or a duty belonging to a prescribed class of duties in relation to —

(i)

the operation of the licensable SRH to which the licensee’s licence relates; or

(ii)

the management of the residents of that licensable SRH,on any of the following grounds:

(d)

the licensee or approved individual is contravening or not complying with, or has contravened or failed to comply with —

(i)

any condition of the approval;

(ii)

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

(iii)

a confirmed interim order under section 35;

(e)

the licensee or approved individual 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 approved individual had acted dishonestly; (iv)any prescribed offence;

(f)

the approved individual is no longer a suitable person —

(i)

in the case of paragraph (a) — to be appointed as a key appointment holder of the licensee; (ii)in the case of paragraph (b) — to be appointed as the person‑in‑charge of the licensable SRH to which the licensee’s licence relates; or

(iii)

in the case of paragraph (c) — to carry out the prescribed duty or duty mentioned in that paragraph;

(g)

the approval has been obtained by fraud or misrepresentation;

(h)

the public interest so requires.

(2)

However, the Director‑General may, in lieu of cancelling the approval, do either or both of the following (without compensation):

(a)

modify any condition of the approval;

(b)

suspend the approval for not more than 6 months in respect of the approved individual —

(i)

being appointed as a licensee’s key appointment holder;

(ii)

being appointed as a licensable SRH’s person‑in‑charge; or

(iii)

being deployed to carry out a prescribed duty or a duty mentioned in subsection (1)(c),as the case may be.

(3)

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

Read in full context — Social Residential Homes Bill →