Singapore legislation

Clause 34

Proceedings for regulatory action in respect of approval granted under section 21

(1)

Before exercising any power under section 33(1) or (2), the Director‑General must give written notice to the licensee and approved individual concerned —

(a)

stating that the Director‑General intends to take regulatory action under section 33;

(b)

specifying the type of regulatory action mentioned in section 33(1) or (2) that the Director‑General proposes to take, and each instance of contravention or non‑compliance that is the subject of the proposed regulatory action; and

(c)

specifying the period (being at least 7 days after the date of service of the written notice on the licensee and approved individual or, where the written notices are served on the licensee and approved individual on different dates, the later of those dates) within which written representations may be made to the Director‑General with respect to the proposed regulatory action.

(2)

The Director‑General may decide to take the appropriate regulatory action mentioned in section 33(1) or (2) —

(a)

after considering any written representation made to the Director‑General pursuant to the written notice mentioned in subsection (1); or

(b)

after the period specified in the written notice under subsection (1)(c) lapses, where no written representation is made or any written representation made is subsequently withdrawn.

(3)

Where the Director‑General has made any decision under subsection (2), the Director‑General must serve on the licensee and approved individual concerned a written notice of the decision.

(4)

Subject to Part 10, a decision to —

(a)

cancel under section 33(1) an approval granted under section 21 for a licensee to —

(i)

appoint an approved individual as a key appointment holder of the licensee; (ii)appoint an approved individual as the person‑in‑charge of the licensable SRH to which the licensee’s licence relates; or

(iii)

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

(A)

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

(B)

the management of the residents of that licensable SRH; or

(b)

impose a regulatory action mentioned in section 33(2) in respect of the approval,which is specified in the written notice served under subsection (3), takes effect from the date on which that written notice is served, or on any later date that may be specified in the written notice.

(5)

Any cancellation or suspension of an approval granted under section 21 for an approved individual to —

(a)

be appointed as a key appointment holder of a licensee;

(b)

be appointed as the person‑in‑charge of a licensable SRH; or

(c)

be deployed to carry out a prescribed duty or a duty belonging to a prescribed class of duties in relation to —

(i)

the operation of a licensable SRH; or

(ii)

the management of the residents of a licensable SRH,does not affect —

(d)

the enforcement by any person of any right or claim against the approved individual; or

(e)

the enforcement by the approved individual of any right or claim against any person.

Read in full context — Social Residential Homes Bill →