Clause 9

legal or equitable interest in real or personal property, whether situated in or outside Singapore;

chose in action;

money or securities;

plant and equipment, whether situated in or outside Singapore;

intellectual property;

infrastructure, whether situated in or outside Singapore;

records and information (including data) in any form; and

right;“first transfer date” means the date of commencement of section 9 of the Health Sciences Authority (Amendment) and Other Matters Act 2026;“liability”, in relation to the transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly, or jointly and severally, with any other person) of the transferor on the eve of the first transfer date;“records”, in relation to the transferor, means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, of the transferor existing on the eve of the first transfer date;“right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the first transfer date;“transferor” means the Government;“transferring MOH employee” means an employee of the Government who, on the eve of the first transfer date, is in any of the departments of the Ministry of Health as specified in the Third Schedule;“transferring MOH functions” means the functions discharged by any of the departments of the Ministry of Health as specified in the Third Schedule on the eve of the first transfer date.Transfer of undertakings to Authority36B.—

On the first transfer date, all assets and liabilities of the Government that relate solely to the transferring MOH functions are transferred to the Authority.

A certificate signed by the Minister certifying whether an asset or a liability specified in the certificate has been transferred to the Authority under subsection (1) is admissible in evidence in any proceedings as proof of the matters stated in the certificate.

When any asset or liability of the transferor is transferred to the Authority under subsection (1), the following provisions have effect:

the asset vests in the Authority without the need for any further conveyance, transfer, assignment or assurance;

the liability becomes the liability of the Authority;

all legal or other proceedings relating to that asset or liability that are pending immediately before the first transfer date by or against the transferor (or a predecessor of the transferor) are taken to be proceedings pending by or against the Authority;

any legal or other proceedings relating to that asset or liability which could have been started immediately before the first transfer date by or against the transferor (or a predecessor of the transferor) may be started by or against the Authority;

a judgment or an order of a court or other tribunal obtained before the first transfer date by or against the transferor (or a predecessor of the transferor) relating to that asset or liability becomes enforceable by or against the Authority;

any document in any legal or other proceedings relating to that asset or liability that has been served on or by the transferor (or a predecessor of the transferor) before the first transfer date is taken, where appropriate, to have been served on or by the Authority;

any act, matter or thing done or omitted to be done before the first transfer date in relation to that asset or liability by, to or in respect of the transferor (or a predecessor of the transferor) is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted to be done by, to or in respect of the Authority;

a reference to the transferor (or a predecessor of the transferor) in any Act, any instrument made under any Act, any agreement or any document of any kind is taken to be or includes (to the extent to which the reference relates to that asset or liability) a reference to the Authority;

any agreement relating to that asset or liability and to which the transferor (or a predecessor of the transferor) is a party becomes enforceable by or against the Authority.

The operation of this section does not —

constitute a breach of, or default under, any Act or other law, or any agreement, or otherwise a civil wrong or criminal wrong;

constitute a breach of any duty of confidence (whether arising by contract, in equity, by custom, or in any other way);

constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information;

terminate an agreement or obligation, or fulfil any condition that allows a person to terminate or otherwise releases a person from any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation;

cause any contract or other instrument to be void or otherwise unenforceable;

frustrate any contract;

release a surety or other obligor or obligee wholly or in part from an obligation; or

constitute an event of breach of, or default under, any contract or other instrument.

No attornment to the Authority by a lessee of the transferor is required.Transfer of employees and secondees to Authority36C.—

On the first transfer date, every transferring MOH employee —

stops being an employee of the Government; and

is each transferred to the service, and becomes an employee, of the Authority on terms no less favourable than those enjoyed by the employee on the eve of the first transfer date.

A certificate signed by the Minister certifying whether an individual named in the certificate has been transferred to the service of the Authority under subsection (1) is admissible in evidence in any proceedings as proof of the matters stated in the certificate.

The transfer under subsection (1) of a transferring MOH employee to the service of the Authority —

does not interrupt continuity of that employee’s service;

does not constitute a retrenchment or redundancy of that employee’s employment by the Government; and

does not entitle that employee to any compensation or other payment or benefit merely because he or she stops being employed by the Government.

Nothing in this section prevents —

any of the terms and conditions of employment of an individual transferred to the service of the Authority under subsection (1) from being altered by or under any law, award or agreement with effect from any time after the first transfer date; and

an individual transferred to the service of the Authority under subsection (1) from resigning from that service any time after the first transfer date, in accordance with the terms and conditions of his or her employment then applicable.

To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any transferring MOH employee to the service of the Authority.

On the first transfer date, every public officer seconded to any of the departments of the Ministry of Health as specified in the Third Schedule under an arrangement made by the Government that is in force on the eve of the first transfer date, continues on secondment to the Authority.

On the first transfer date, every employee of a public body seconded to any of the departments of the Ministry of Health as specified in the Third Schedule under an agreement or arrangement between the transferor and that public body that is in force on the eve of the first transfer date, continues on secondment to the Authority.General preservation of employment terms, etc.36D.—

When a transferring MOH employee is transferred to the service of the Authority under section 36C(1) (called in this section a transferred employee), the transferred employee’s service with the Authority must be regarded for all purposes as having been continuous with his or her service with the transferor immediately before the first transfer date.

On the first transfer date —

a transferred employee retains all accrued rights as if his or her employment with the Authority were a continuation of employment with the transferor;

the liabilities of the transferor relating to the transferred employee’s accrued rights to annual, sick, maternity or other leave and superannuation become the liabilities of the Authority; and

a reference to the transferor in the contract of employment that had effect in relation to the transferred employee immediately before the first transfer date is taken to be, or includes, a reference to the Authority.

Until the time the Authority draws up the terms and conditions of employment for the transferred employee, the Authority is to be regarded as employing the transferred employee on the same terms and conditions of his or her employment with the transferor on the eve of the first transfer date.

Any term or condition of employment drawn up by the Authority relating to the length of service of the transferred employee with the Authority must recognise the length of service of that employee with the transferor (including any previous service of that employee taken to be service with the transferor) to be service with the Authority.

For any conduct of the transferred employee when he or she was employed by the transferor which would have rendered that employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Authority may —

start any disciplinary proceedings against that employee;

carry on and complete any disciplinary proceedings started by the transferor against that employee if those proceedings are pending on the eve of the first transfer date; and

reprimand, reduce in rank, retire, dismiss or otherwise punish that employee as if that employee were not transferred.

Where, on the eve of the first transfer date, any matter about the conduct of the transferred employee during his or her employment with the transferor concerned —

was in the course of being heard or investigated by a committee of the transferor acting under due authority; or

had been heard or investigated, but no order, ruling or direction had been made, by that committee,that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Authority.Transfer of records36E. On the first transfer date, every record, or part of any record, of the transferor that relates to the following becomes the record of the Authority:

any asset or liability transferred to the Authority under section 36B(1);

any transferring MOH employee.”.