Singapore legislation

Clause 35

of Social Residential Homes Bill

Clause 35

Immediate suspension of approval of approved individual

(1)

Despite section 34, the Director‑General may make an interim order in relation to the approval granted under section 21 in respect of an approved individual where —

(a)

the approved individual is charged or convicted of any of the following offences committed during the term of the approval:

(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 approved individual had acted dishonestly;

(iv)

an offence specified in the Second Schedule,and the Director‑General is of the opinion that it is undesirable in the public interest for the approved individual to continue to —

(v)

be appointed as a key appointment holder of a licensee;

(vi)

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

(vii)

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

(A)

the operation of a licensable SRH; or

(B)

the management of the residents of a licensable SRH; or

(b)

the licensee or approved individual, or both, to or for whom approval is granted under section 21, is or are contravening or not complying with, or has or have contravened or failed to comply with —

(i)

any condition of the approval; or

(ii)

any provision of this Act, the contravention of which is not an offence under this Act,and the Director‑General —

(iii)

has reasonable grounds to believe that there is, as a result, a serious and imminent threat or risk to the safety of the residents of the licensable SRH operated by the licensee; and

(iv)

is satisfied that it is impracticable in the circumstances of the particular case for the Director‑General to complete any regulatory action in accordance with section 34 to address the default mentioned in sub‑paragraph (i) or (ii) because of the threat or risk mentioned in sub‑paragraph (iii).

(2)

An interim order made under subsection (1) —

(a)

may suspend the approval granted under section 21 in respect of the approved individual; and

(b)

may be cancelled at any time by the Director‑General.

(3)

An interim order made under subsection (1) takes effect at any time, being the earliest practicable time, that is determined by or under that interim order and continues in force until either of the following occurs, unless earlier confirmed under subsection (5):

(a)

the expiry date (if any) stated in the interim order is reached, which must not exceed 90 days;

(b)

the Director‑General cancels the interim order before the expiry date.

(4)

Before confirming any interim order made under subsection (1), the Director‑General must give written notice to the licensee and approved individual concerned —

(a)

stating that the Director‑General intends to confirm the interim order; and

(b)

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 confirmation.

(5)

The Director‑General may decide to confirm or not to confirm the interim order (with or without modification) as the Director‑General considers appropriate —

(a)

after considering any written representation made to the Director‑General pursuant to the written notice in subsection (4); or

(b)

after the period specified in the written notice under subsection (4)(b) lapses, where no written representation is made or any written representation made is subsequently withdrawn.

(6)

The Director‑General must serve on the licensee and approved individual concerned a written notice of the Director‑General’s decision under subsection (5).

(7)

Every licensee and approved individual must comply with every interim order given under this section to the licensee and approved individual as soon as the interim order takes effect.