Evidence (Computer Output) Regulations 1996

These Regulations are the Evidence (Computer Output) Regulations 1996. 1 These Regulations were made under section 35(5) of the Evidence Act (Cap. 97, 1990 Revised Edition) and, pursuant to section 23(1) of the Evidence (Amendment) Act 2012 (Act 4 of 2012), continue to be in force as if these Regulations had been made under section 116A(5) of the Evidence Act 1893.

In these Regulations, unless the context otherwise requires —“approved process” means a process that has been approved in accordance with these Regulations by a certifying authority;“certification” means the process of ensuring that a process constitutes an approved process for document reproduction in accordance with the compliance criteria;“certifying authority” means a person or an organisation appointed by the Minister to be a certifying authority in accordance with these Regulations;“compliance criteria” means the criteria set out in the First Schedule that a process has to comply with before it can be certified as an approved process;“image” means a representation of a document generated by photographic, electronic or other means, which is stored in the image system;“image system” means any computer system that is capable of capturing, storing and retrieving images or generating image system output;“image system output” means a computer output from an image system;“process” includes a computer system.

“approved process” means a process that has been approved in accordance with these Regulations by a certifying authority;

“certification” means the process of ensuring that a process constitutes an approved process for document reproduction in accordance with the compliance criteria;

“certifying authority” means a person or an organisation appointed by the Minister to be a certifying authority in accordance with these Regulations;

“compliance criteria” means the criteria set out in the First Schedule that a process has to comply with before it can be certified as an approved process;

“image” means a representation of a document generated by photographic, electronic or other means, which is stored in the image system;

“image system” means any computer system that is capable of capturing, storing and retrieving images or generating image system output;

“image system output” means a computer output from an image system;

“process” includes a computer system.

Any person or organisation may apply to the Minister to be appointed as a certifying authority in the manner provided in these Regulations.

[Deleted by S 669/2010]

Every application for appointment as a certifying authority must be made in any form that the Minister may determine and be submitted together with any documents and information that may be required on the form.

The fees prescribed in the Third Schedule are payable for every application made under these Regulations.

The Minister may require each applicant to furnish any further documents or information.

The Minister may, in considering an application for appointment as a certifying authority, consult the Info‑communications Media Development Authority established by the Info‑communications Media Development Authority Act 2016 and such other persons or organisations as he or she may think necessary.

A certifying authority must comply with —

any terms and conditions that may be imposed at any time by the Minister;

the provisions of these Regulations;

any Code of Practice issued by the Minister; and

such minimum financial and organisational requirements as to ensure continuity of service.

A certifying authority may certify an image system or part thereof as an approved process for the purposes of section 116A of the Act if it is satisfied that the system is in compliance with the compliance criteria set out in Part 1 of the First Schedule.

A process of the Government or any statutory corporation specified in the Second Schedule must comply with the additional criteria set out in Part 2 of the First Schedule before the process can be certified as an approved process.

A certifying authority may certify an image system or part thereof as an approved process for the purposes of section 116A of the Act if it is satisfied that the system is in compliance with the compliance criteria set out in Part 1 of the First Schedule.

A process of the Government or any statutory corporation specified in the Second Schedule must comply with the additional criteria set out in Part 2 of the First Schedule before the process can be certified as an approved process.

A certifying authority must ensure that, in certifying any process, it complies with the following:

the authority must be independent of the person or organisation seeking certification and the vendors of the image system;

the authority must not be the vendor or be connected with the vendors of any hardware or software in competition with that to be certified;

the authority must have a sufficient number of professionals with adequate experience and qualifications in the implementation and evaluation of computer systems including image systems;

the authority must carry out its duties independently and without fear or favour;

the authority must ensure that the procedures in checking for compliance have been properly carried out and meticulously documented;

the authority must comply with any other directions that the Minister may issue in writing in relation to the procedures for ensuring compliance;

the authority must keep proper records and reports of the certification process.

The initial certification of an approved process must be carried out once every year for the first 3 years and thereafter once every 2 years.

A certifying authority must be appointed for a period of 3 years at one time and it may thereafter apply for re‑appointment for subsequent periods of 3 years upon payment of the prescribed fee.

The appointment of a certifying authority may be revoked or the renewal thereof refused if the certifying authority —

is in breach of any provision of these Regulations or any Code of Practice issued by the Minister;

is in breach of any condition imposed by the Minister;

has been convicted of an offence the conviction for which involved a finding that the authority or any of its employees acted fraudulently or dishonestly, or any person employed by the authority for the purposes of the authority’s business has been convicted of the offence;

becomes an undischarged bankrupt or has made a composition or an arrangement with the authority’s creditors;

is in the course of being wound up or liquidated or has entered into a compromise or scheme of arrangement with its creditors;

has a receiver or a receiver and manager appointed to the authority;

does not have sufficient persons with the qualifications and experience to perform the duties in connection with the certification for an approved process; or

is guilty of improper conduct or has brought discredit to the method of certification of an approved process.

If the appointment of a certifying authority is revoked or terminated, the authority must forthwith submit to the Minister all certificates, records and reports of the certification process.

The appointment of a certifying authority may be revoked or the renewal thereof refused if the certifying authority —

is in breach of any provision of these Regulations or any Code of Practice issued by the Minister;

is in breach of any condition imposed by the Minister;

has been convicted of an offence the conviction for which involved a finding that the authority or any of its employees acted fraudulently or dishonestly, or any person employed by the authority for the purposes of the authority’s business has been convicted of the offence;

becomes an undischarged bankrupt or has made a composition or an arrangement with the authority’s creditors;

is in the course of being wound up or liquidated or has entered into a compromise or scheme of arrangement with its creditors;

has a receiver or a receiver and manager appointed to the authority;

does not have sufficient persons with the qualifications and experience to perform the duties in connection with the certification for an approved process; or

is guilty of improper conduct or has brought discredit to the method of certification of an approved process.

If the appointment of a certifying authority is revoked or terminated, the authority must forthwith submit to the Minister all certificates, records and reports of the certification process.

Any duty or power conferred upon the Minister by these Regulations, except the power to appoint a certifying authority, may be exercised by any person that the Minister may authorise in writing.