Singapore legislation
Schedule 5
Schedule 5
Saving and transitional provisions for sheltered homes
FIFTH SCHEDULESections 2(1) and 69Saving and transitional provisions for sheltered homesPart 1DEFINITION1. In this Schedule, “appointed day” means the date of commencement of section 6.Part 2SAVING AND TRANSITIONAL PROVISIONS FOR EXISTING SHELTERED HOMES THAT ARE ALSO HOMES FOR THE AGEDDivision 1 — Saving and transitional provisions for operation of existing sheltered homes that are also homes for the aged 1.—
Where immediately before the appointed day —
a person was operating a sheltered home as a home for the aged under a licence granted under the Homes for the Aged Act 1988 as in force immediately before the appointed day (called in this Schedule the repealed HFA Act); and
the licence was not revoked or suspended under the repealed HFA Act,the licence continues in force, so far as not inconsistent with the provisions of this Act, as if it were a licence granted under this Act to operate the sheltered home for the period mentioned in sub‑paragraph (2). (2) For the purposes of sub‑paragraph (1), the period is —
a period ending on the earliest of the following dates:
the date the licence is surrendered under section 14;
the date the licence is revoked or lapses under section 15;
the date the licence is revoked under section 30;
the date of expiry of 6 months after the appointed day; or
if none of the events mentioned in sub‑paragraph (a)(i), (ii) and (iii) occurs before the expiry of the 6‑month period after the appointed day and within that period, the person has applied under section 7 for a new licence to operate the sheltered home and the application has not been granted, refused or withdrawn on or before that date — the further period mentioned in sub‑paragraph (3).(3) For the purposes of sub‑paragraph (2)(b), the further period is a period ending on the earlier of the following dates:
the date on which the Director‑General grants a new licence under section 8 to the person;
the date that the application for a licence is finally refused by the Director‑General under section 8 or withdrawn.2.—
Where —
before the appointed day, an application is made to the Director‑General under section 4 of the repealed HFA Act for or to renew a licence to operate a sheltered home as a home for the aged; and
immediately before the appointed day, the application is pending before the Director‑General,then on or after the appointed day, the application is treated as an application made under section 7.(2) Any thing that has been started by the Director‑General in connection with an application mentioned in sub‑paragraph (1) may be carried on and completed by the Director‑General under the corresponding provisions in Part 2 of this Act.
3. Where —
before the appointed day, the person mentioned in paragraph 1(1) of this Part (called in this Schedule the licensee) and the person to whom the licensee desires to transfer the licensee’s licence (called in this Part the intended transferee) had made a written application to the Director‑General under section 10 of the repealed HFA Act for the transfer of the licence to the intended transferee; and
immediately before the appointed day, the application is pending before the Director‑General,then on or after the appointed day, the application is treated as an application made by the licensee and the intended transferee to the Director‑General under section 13 for the Director‑General’s consent to the transfer of the licence, and any rights, benefits or privileges under the licence, to the intended transferee.Division 2 — Saving and transitional provisions for regulatory action under repealed HFA Act against operators of existing sheltered homes that are also homes for the aged4.—
Where —
before the date of commencement of section 66 (called in this Division the section 66 start date), the Director‑General had given notice under section 6(2) of the repealed HFA Act to the licensee of the Director‑General’s intent to take any action under section 6 of that Act in respect of the licensee; and
the Director‑General has not made a decision in respect of the matter before that date,the Director‑General may continue to make a decision in respect of the taking of the action under section 6 of the repealed HFA Act as if section 66 had not been enacted.(2) Subject to sub‑paragraph (3), where the Director‑General has taken or made a decision to take an action against the licensee —
in accordance with section 6 of the repealed HFA Act before the section 66 start date; or
in accordance with sub‑paragraph (1) on or after the section 66 start date, then —
the ground on which the Director‑General has taken or made the decision to take an action against the licensee is treated as a ground on which an action may be taken against the licensee under section 30; and
the action continues in force as if it had been taken under that provision.(3) Where the Director‑General suspends the licence granted under the repealed HFA Act to the licensee —
in accordance with section 6 of the repealed HFA Act before the section 66 start date; or
in accordance with sub‑paragraph (1) on or after the section 66 start date,then the suspension of the licence is treated as a suspension imposed under section 30(2) for the period determined by the Director‑General.
5. Where —
before the section 66 start date, the Director‑General had given a notice to the licensee under section 15 of the repealed HFA Act to direct the licensee to stop using, install or replace any apparatus, appliance, equipment or instrument in the sheltered home within a period specified in the notice; and
as at the section 66 start date, the period specified in the notice has not expired,then on or after that date, the direction continues in force as if it had been given by the Director‑General to the licensee under section 25.
6. Where —
before the section 66 start date, the Director‑General required the licensee to provide any information under section 16(1) of the repealed HFA Act within a period specified by the Director‑General; and
as at the section 66 start date, the period specified by the Director‑General has not expired,then on or after that date, the requirement is treated as a requirement under section 42 for the licensee to provide that information within that period.
7. Where, on or after the section 66 start date, the Director‑General discovers or is informed of any breach or alleged breach of a licence condition of the licensee that occurred or is alleged to have occurred before that date, the Director‑General may commence an investigation and take regulatory action in respect of the breach or alleged breach under this Act, and for this purpose the breach or alleged breach is treated as a breach or an alleged breach of a licence condition by the licensee under this Act.
8. Where —
an appeal has been made to the Minister under section 7 of the repealed HFA Act before the section 66 start date; and
the appeal has not been dealt with or disposed of immediately before that date,the appeal may be dealt with or disposed of under the repealed HFA Act as if section 66 had not been enacted.
9. To avoid doubt, the provisions of this Division apply to a licensee who is granted a new licence (as mentioned in paragraph 1(3)(a) of this Part) as they apply to a licensee who is deemed to be granted a licence under this Act (as mentioned in paragraph 1(1) of this Part).Division 3 — Saving and transitional provisions for appointment of key appointment holders and persons‑in‑charge and deployment of individuals in relation to existing sheltered homes that are also homes for the aged10.—
Despite anything in this Act, every individual who, immediately before the appointed day, was acting as a key appointment holder of the licensee, may continue to act as such on or after the appointed day —
until the expiry of 6 months after the appointed day; or
if, before the expiry of the 6‑month period after the appointed day, the licensee has applied under section 7 for a new licence to operate the sheltered home and the application has not been granted, refused or withdrawn on or before that date — for the period mentioned in sub‑paragraph (2).(2) For the purposes of sub‑paragraph (1)(b), the period is —
a period ending on the date that the licensee’s application for a new licence is finally refused by the Director‑General under section 8 or withdrawn; or
where the Director‑General grants a new licence under section 8 to the licensee —
6 months after the new licence is granted to the licensee; or
if, within the period mentioned in sub‑paragraph (i), an application is made under section 20 for approval for the licensee to appoint the individual as a key appointment holder of the licensee — the period that ends on the earlier of the following dates:
the date on which the Director‑General grants the approval under section 21;
the date on which the application for approval is finally refused by the Director‑General under section 21 or withdrawn.11.—
Despite anything in this Act, an individual who, immediately before the appointed day, was acting as the person‑in‑charge of the sheltered home mentioned in paragraph 1(1) of this Part, may continue to act as such on or after the appointed day —
until the expiry of 6 months after the appointed day; or
if, before the expiry of the 6‑month period after the appointed day, the licensee has applied under section 7 for a new licence to operate the sheltered home and the application has not been granted, refused or withdrawn on or before that date — for the period mentioned in sub‑paragraph (2).(2) For the purposes of sub‑paragraph (1)(b), the period is —
a period ending on the date that the licensee’s application for a new licence is finally refused by the Director‑General under section 8 or withdrawn; or
where the Director‑General grants a new licence under section 8 to the licensee —
6 months after the new licence is granted to the licensee; or
if, within the period mentioned in sub‑paragraph (i), an application is made under section 20 for approval for the licensee to appoint the individual as the person‑in‑charge of the sheltered home, the period that ends on the earlier of the following dates:
the date on which the Director‑General grants the approval under section 21;
the date on which the application for approval is finally refused by the Director‑General under section 21 or withdrawn.12.—
Despite anything in this Act, every individual who, immediately before the appointed day, was deployed by the licensee to carry out a prescribed duty or a duty belonging to a prescribed class of duties mentioned in section 19(1) in relation to —
the operation of the sheltered home mentioned in paragraph 1(1) of this Part; or
the management of the residents of that sheltered home,may continue to be so deployed on or after the appointed day —
until the expiry of 6 months after the appointed day; or
if, before the expiry of the 6‑month period after the appointed day, the licensee has applied under section 7 for a new licence to operate the sheltered home and the application has not been granted, refused or withdrawn on or before that date — for the period mentioned in sub‑paragraph (2).(2) For the purposes of sub‑paragraph (1)(d), the period is —
a period ending on the date that the licensee’s application for a new licence is finally refused by the Director‑General under section 8 or withdrawn; or
where the Director‑General grants a new licence under section 8 to the licensee —
6 months after the new licence is granted to the licensee; or
if, within the period mentioned in sub‑paragraph (i), an application is made under section 20 for approval for the licensee to deploy the individual to carry out a duty mentioned in sub‑paragraph (1) — the period that ends on the earlier of the following dates:
the date on which the Director‑General grants the approval under section 21;
the date on which the application for approval is finally refused by the Director‑General under section 21 or withdrawn.Part 3SAVING AND TRANSITIONAL PROVISIONS FOR EXISTING SHELTERED HOMES THAT ARE NOT HOMES FOR THE AGED1.—
Despite anything in this Act, a person who —
immediately before the appointed day, was operating a sheltered home that is not also a home for the aged within the meaning of section 2 of the repealed HFA Act; and
on or after the appointed day, would be required under section 6 to be authorised to operate the sheltered home by a licence,may continue operating the sheltered home on or after the appointed day —
until the expiry of 6 months after the appointed day; or
if, before the expiry of the 6‑month period after the appointed day, the person has applied under section 7 for a licence to operate the sheltered home and the application has not been granted, refused or withdrawn on or before that date — for the period mentioned in sub‑paragraph (2).(2) For the purposes of sub‑paragraph (1)(d), the period is a period ending on the earlier of the following dates:
the date on which the Director‑General grants a licence under section 8 to the person;
the date that the application for a licence is finally refused by the Director‑General under section 8 or withdrawn.2.—
Despite anything in this Act, every individual who, immediately before the appointed day, was acting as a key appointment holder of the person mentioned in paragraph 1(1) of this Part (called in this Schedule the operator), may continue to act as such on or after the appointed day —
until the expiry of 6 months after the appointed day; or
if, before the expiry of the 6‑month period after the appointed day, the operator has applied under section 7 for a licence to operate the sheltered home and the application has not been granted, refused or withdrawn on or before that date — for the period mentioned in sub‑paragraph (2).(2) For the purposes of sub‑paragraph (1)(b), the period is —
a period ending on the date that the operator’s application for a licence is finally refused by the Director‑General under section 8 or withdrawn; or
where the Director‑General grants a licence under section 8 to the operator —
6 months after the licence is granted to the operator (now also the licensee); or
if, within the period mentioned in sub‑paragraph (i), an application is made under section 20 for approval for the licensee to appoint the individual as a key appointment holder of the licensee — the period that ends on the earlier of the following dates:
the date on which the Director‑General grants the approval under section 21;
the date on which the application for approval is finally refused by the Director‑General under section 21 or withdrawn.3.—
Despite anything in this Act, an individual who, immediately before the appointed day, was acting as the person‑in‑charge of the sheltered home mentioned in paragraph 1(1) of this Part, may continue to act as such on or after the appointed day —
until the expiry of 6 months after the appointed day; or
if, before the expiry of the 6‑month period after the appointed day, the operator has applied under section 7 for a licence to operate the sheltered home and the application has not been granted, refused or withdrawn on or before that date — for the period mentioned in sub‑paragraph (2).(2) For the purposes of sub‑paragraph (1)(b), the period is —
a period ending on the date that the operator’s application for a licence is finally refused by the Director‑General under section 8 or withdrawn; or
where the Director‑General grants a licence under section 8 to the operator —
6 months after the licence is granted to the operator (now also the licensee); or
if, within the period mentioned in sub‑paragraph (i), an application is made under section 20 for approval for the licensee to appoint the individual as the person‑in‑charge of the sheltered home, the period that ends on the earlier of the following dates:
the date on which the Director‑General grants the approval under section 21;
the date on which the application for approval is finally refused by the Director‑General under section 21 or withdrawn.4.—
Despite anything in this Act, every individual who, immediately before the appointed day, was deployed by the operator to carry out a prescribed duty or a duty belonging to a prescribed class of duties mentioned in section 19(1) in relation to —
the operation of the sheltered home mentioned in paragraph 1(1) of this Part; or
the management of the residents of that sheltered home,may continue to be so deployed on or after the appointed day —
until the expiry of 6 months after the appointed day; or
if, before the expiry of the 6‑month period after the appointed day, the operator has applied under section 7 for a licence to operate the sheltered home and the application has not been granted, refused or withdrawn on or before that date — for the period mentioned in sub‑paragraph (2).(2) For the purposes of sub‑paragraph (1)(d), the period is —
a period ending on the date that the operator’s application for a licence is finally refused by the Director‑General under section 8 or withdrawn; or
where the Director‑General grants a licence under section 8 to the operator —
6 months after the licence is granted to the operator (now also the licensee); or
if, within the period mentioned in sub‑paragraph (i), an application is made under section 20 for approval for the licensee to deploy the individual to carry out a duty mentioned in sub‑paragraph (1) — the period that ends on the earlier of the following dates:
the date on which the Director‑General grants the approval under section 21;
the date on which the application for approval is finally refused by the Director‑General under section 21 or withdrawn.