Clause 1
Short title and commencement
This Act may be cited as the Health Sciences Authority Act 2001 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
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Health Sciences Authority Bill is Singapore Bill, cited as Bill 3 2001, currently marked not in force and first recorded in 2001.
Part I
Short title and commencement
This Act may be cited as the Health Sciences Authority Act 2001 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Interpretation
In this Act, unless the context otherwise requires —“appointed day” means the date of commencement of this Act;“Authority” means the Health Sciences Authority established under section 3;“Chairman” means the Chairman of the Authority and includes a temporary Chairman appointed under section 8;“Chief Executive” means the Chief Executive of the Authority appointed under section 15 and includes any person acting in that capacity;“member” means a member of the Authority and includes a temporary member appointed under section 8.
“Chairman” means the Chairman of the Authority and includes a temporary Chairman appointed under section 8;
“Chief Executive” means the Chief Executive of the Authority appointed under section 15 and includes any person acting in that capacity;
“member” means a member of the Authority and includes a temporary member appointed under section 8.
Part V
Financial year
The financial year of the Authority shall begin on 1st April of each year and end on 31st March of the succeeding year, except that the first financial year of the Authority shall begin on the appointed day and end on 31st March of the succeeding year.
Estimates
The Authority shall, in every financial year, prepare and adopt annual estimates of income and expenditure of the Authority for the ensuing financial year.
A copy of all annual estimates and supplementary estimates shall, upon their adoption by the Authority, be sent forthwith to the Minister.
A summary of the annual estimates and supplementary estimates adopted by the Authority shall be published in the Gazette.
Funds of Authority
The funds of the Authority shall consist of —
all moneys transferred to the Authority under section 30;
all moneys received by the Authority by way of grants or subsidies;
all gifts, donations and contributions to the Authority;
all fees, charges, commissions, rents, interests, dividends and other income accruing to the Authority;
all moneys borrowed by the Authority under this Act;
all moneys recovered or collected by the Authority or any officer or employee thereof (including sums collected for the composition of offences) under this Act or any other written law administered by the Authority; and
all other moneys lawfully received by the Authority for the purposes of the Authority.
Grants-in-aid
For the purpose of enabling the Authority to carry out its functions under this Act, the Minister may, from time to time, make grants-in-aid to the Authority of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament.
Borrowing powers
The Authority may, from time to time, for the purposes of this Act raise loans from the Government or, with the consent of the Minister, from any other source.
Bank accounts
The Authority shall open and maintain one or more accounts with such bank or banks as the Authority thinks fit and every such account shall be operated by such person or persons as may, from time to time, be authorised in that behalf by the Authority.
Application of funds
The funds of the Authority shall be applied only in payment or discharge of the expenses, obligations and liabilities of the Authority and in making any payment that the Authority is authorised or required to make.
Investment
The Authority may, with the approval of the Minister —
invest its funds in such manner as it thinks fit; and
engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment.
Accounts
The Authority shall —
keep proper accounts and records of its transactions and affairs; and
do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Authority and over the expenditure incurred by the Authority.
Audit of accounts
The accounts of the Authority shall be audited by the Auditor-General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor-General (referred to in this Act as the auditor).
A person shall not be qualified for appointment as an auditor under subsection (1) unless he is an approved company auditor under the Companies Act (Cap. 50).
The Authority shall, as soon as practicable after the close of each financial year, prepare and submit financial statements in respect of that financial year to the auditor who shall audit and report on them.
The auditor shall in his report state —
whether the financial statements show fairly the financial transactions and the state of affairs of the Authority;
whether proper accounting and other records have been kept, including records of all assets of the Authority whether purchased, donated or otherwise;
whether the receipts, expenditure and investment of funds and the acquisition and disposal of assets by the Authority during the financial year were in accordance with the provisions of this Act; and
such other matters arising from the audit as he considers necessary.
The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the Authority.
The auditor shall submit such periodical and special reports to the Minister and to the Authority as may appear to him to be necessary or as the Minister or the Authority may require.
Powers of auditor
The auditor or any person authorised by him (referred to in this section as the authorised person) is entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Authority.
The auditor or authorised person may make copies of or extracts from any such accounting or other records.
The auditor or authorised person may require any person to furnish him with such information in the possession of that person or to which that person has access as the auditor or authorised person considers necessary for the purposes of his functions under this Act.
Any person who —
refuses or fails without any reasonable cause to allow the auditor or authorised person access to any accounting or other records of the Authority that is in his custody or power;
refuses or fails without any reasonable cause to give any information possessed by him as and when required by the auditor or authorised person; or
hinders, obstructs or delays the auditor or authorised person in the performance of his duties or the exercise of his power,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.
Presentation of financial statements and auditor’s report to Parliament
The Authority shall, as soon as its accounts and financial statements have been audited in accordance with the provisions of this Act, send to the Minister a copy of the audited financial statements, signed by the Chairman, together with a copy of the auditor’s report.
Where the Auditor-General is not the auditor of the Authority, a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor-General at the same time that they are submitted to the Authority.
The Minister shall, as soon as practicable, cause a copy of the audited financial statements and of the auditor’s report referred to in subsection (1) to be presented to Parliament.
Establishment and incorporation of Health Sciences Authority
There is hereby established a body to be known as the Health Sciences Authority which shall be a body corporate with perpetual succession and a common seal and shall, by that name, be capable of —
suing and being sued;
acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and
doing and suffering all such other acts or things as a body corporate may lawfully do and suffer.
Common seal
The Authority shall have a common seal and such seal may from time to time be broken, changed, altered or made anew as the Authority thinks fit.
All deeds and other documents requiring the seal of the Authority shall be sealed with the common seal of the Authority.
All instruments to which the common seal is affixed shall be signed by any 2 members generally or specially authorised by the Authority for the purpose or by one member and the Chief Executive.
The Authority may, by resolution or otherwise in writing, appoint an officer of the Authority or any other agent either generally or in any particular case to execute or sign on behalf of the Authority any agreement or other instrument not under seal in relation to any matter coming within the powers of the Authority.
All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to any document and shall presume that it was duly affixed.
Constitution of Authority
The Authority shall consist of —
a Chairman; and
not less than 6 but not more than 10 other members,all of whom shall be appointed by the Minister.
Chairman may delegate functions
The Chairman may in writing authorise any member to exercise any power or perform any function conferred on the Chairman by or under this Act.
Term of office of members
A member of the Authority (including the Chairman) shall hold office on such conditions and for such term not exceeding 3 years as the Minister shall specify in his appointment, and may from time to time be re-appointed.
Any member of the Authority may resign from his office at any time by giving not less than one month’s notice in writing to the Minister.
The Minister may at any time revoke the appointment of any member as he considers necessary in the interest of the effective performance of the functions of the Authority under this Act, or in the public interest.
If a member dies or resigns or has his appointment revoked, the Minister may appoint any person to fill the vacancy for the residue of the term for which the vacating member was appointed.
The Authority shall pay to the Chairman and other members of the Authority, out of the funds of the Authority, such salaries, fees and allowances as the Minister may, from time to time, determine.
Temporary Chairman and temporary members
The Minister may appoint any person as a temporary Chairman or as a temporary member if the Chairman or any member is absent from Singapore or for any other reason is unable to discharge his functions.
Meetings and proceedings of Authority
The Chairman shall preside at all meetings of the Authority and, in his absence, the members present shall elect one of their number to preside.
Meetings of the Authority shall be held at such times and places as the Chairman may determine.
All questions arising at any meeting shall be decided by a majority of votes of the members present and voting.
At any meeting of the Authority, the Chairman or, in his absence, the member presiding at the meeting shall have a deliberative vote and, in the case of an equality of votes, he shall also have a casting vote.
The validity of any proceedings of the Authority shall not be affected by any vacancy amongst its members or by any defect in the appointment of any member.
Subject to the provisions of this Act, the Authority may regulate its own proceedings.
Disclosure of interest of members
A member of the Authority who is in any way, directly or indirectly, interested in a transaction or project of the Authority shall disclose the nature of his interest at a meeting of the Authority.
The disclosure by a member of his interest shall be recorded in the minutes of the Authority and that member shall not take part in any deliberation of the Authority with respect to the transaction or project.
For the purpose of determining whether there is a quorum, a member shall be treated as being present at a meeting notwithstanding that under subsection (2) he cannot vote or has withdrawn from the meeting.
For the purposes of this section, an interest of a spouse, parent, son or an adopted son, or daughter or an adopted daughter, of a member shall be treated as an interest of the member.
Functions, objects and duties of Authority
Subject to the provisions of this Act, the functions, objects and duties of the Authority shall be —
to regulate the import, manufacture, sale, disposal, transport, storage, possession and use of cosmetics, medicines, medical devices and other health-related products, tobacco products, radioactive materials and irradiating apparatuses in accordance with the written laws;
to conduct technological assessments of medicines, cosmetics, medical devices and other health-related products for the purpose of determining their efficacy, safety and suitability for consumption and use in Singapore and to advise the Government thereon;
to collect and co-ordinate the collection of blood from donors and to test, process and distribute such blood and the products thereof for the purpose of building and maintaining a safe and adequate national blood supply;
to provide professional, investigative and analytical services in health sciences to the Government and to any other person or body (whether in Singapore or elsewhere);
to conduct or engage any other person to conduct research in health sciences, and generally to promote the development of health sciences;
to act internationally as the national authority or representative of Singapore in respect of matters relating to health sciences; and
to carry out such other functions as are imposed upon the Authority by or under this Act or any other written law.
The Minister may give to the Authority such directions, not inconsistent with the provisions of this Act, as to the discharge of its functions, objects and duties and the exercise of its powers and the Authority shall give effect to any such directions.
Nothing in this section shall be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.
In discharging its regulatory functions, the Authority shall have regard to recognised international standards.
“cosmetic” means any substance, preparation or product that is used or intended to be used for toilet purposes or for cleansing, deodorising, beautifying, preserving, improving, altering or restoring the complexion, skin, hair or teeth, and includes perfumes;
“health-related product” means any substance, preparation or product that is used or intended to be used for the promotion or preservation of human health and well-being;
“health sciences” includes forensic medicine, forensic science, clinical pharmacology, pharmaceutical science, radiation science, transfusion medicine and any other applied science or specialised scientific field that relates to human health;
“medical device” means any apparatus, device, equipment or instrument that is used or intended to be used for or in connection with —
preventing, diagnosing, curing or alleviating any disease, ailment, defect or injury of the human body;
influencing, inhibiting or modifying any physiological process in the human body;
testing the susceptibility of persons to any disease or ailment;
influencing, controlling or preventing conception in persons;
testing for pregnancy in persons; or
replacing or modifying parts of the human anatomy,where the principal intended purpose of such apparatus, device equipment or instrument is not achieved primarily by any pharmacological, chemical, immunological or metabolic means, although it may be assisted by such means;
“medicine” means any substance or preparation that is used or intended to be used for the prevention or treatment of any ailment, infirmity or injury affecting the human body and includes any medicinal product as defined in section 3 of the Medicines Act (Cap. 176) and any substance or preparation that is used or intended to be used for the purposes aforesaid in any traditional system of therapeutics;
“tobacco product” means any cigarette, cigar or any other form of tobacco which may be consumed through smoking, chewing or otherwise.
Powers of Authority
The Authority shall have power to do anything for the purpose of discharging its functions, objects and duties under this Act, or which is incidental or conducive to the discharge of those functions, objects or duties and, in particular, may —
enter into such contracts as may be necessary or expedient for the purpose of discharging its functions, objects or duties;
with the approval of the Minister, acquire and hold such movable or immovable property as may be necessary or expedient for carrying into effect the provisions of this Act and for the same purposes may sell, lease, mortgage, or otherwise alienate or dispose of any property so acquired;
with the approval of the Minister, form or participate in the formation of any company, partnership or joint venture as a shareholder or partner or in any other capacity and to share profits;
provide technical, consultancy or advisory services to the Government or to any other person or body in Singapore or elsewhere on any matter related to or connected with the functions, objects or duties of the Authority;
become a member or affiliate of any international body the functions, objects or duties of which are similar to those of the Authority;
charge fees or commissions for services rendered by the Authority or for the use of any of its facilities;
receive donations, grants, gifts, subsidies and contributions from any source, and raise funds by all lawful means;
publish or sponsor the publication of works concerning any matter related to the functions, objects or duties of the Authority;
grant loans to officers or employees of the Authority for any purposes specifically approved by the Authority as are likely to increase the efficiency of its officers or employees;
provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers or employees of the Authority and members of their families; and
provide training for employees of the Authority and to award scholarships or otherwise pay for such training.
Committees
The Authority may, from time to time, appoint committees consisting of one or more persons (whether members of the Authority or not) and define or vary the terms of reference of those committees.
Subject to this Act and any regulations made thereunder and to the control of the Authority, each committee appointed under this section may regulate its procedure in such manner as the committee thinks fit.
Delegation of powers
The Authority may, from time to time, in respect of a specified matter or class of matters, by writing, delegate any of its powers to a member, officer or committee of the Authority.
Every member, officer or committee purporting to act pursuant to a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
No delegation under this section shall prevent the exercise of any power or the performance of any function or duty by the Authority.
Appointment of Chief Executive and other staff
The Authority shall, with the approval of the Minister, appoint a Chief Executive on such terms and conditions as the Authority may determine.
The Chief Executive —
shall be known by such designation as may be conferred on him by any written law or as the Authority may determine;
shall be responsible to the Authority for the proper administration and management of its functions and affairs in accordance with all policies laid down by the Authority; and
shall not be removed from office without the consent of the Minister.
If the Chief Executive is temporarily absent from Singapore, or is temporarily unable to perform his duties by reason of illness or otherwise, another person may be appointed by the Authority to act in the place of the Chief Executive during any such period of absence from duty.
The Authority may, from time to time, appoint such other officers, employees, consultants or agents as it thinks fit for the effective performance of its functions.
Protection from personal liability
No suit or other legal proceedings shall lie personally against any member, officer or employee of the Authority or other person acting under the direction of the Authority for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law.
Where the Authority provides a service to the public whereby information is supplied to the public, neither the Authority nor any of its members, officers or employees involved in the supply of such information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing therein or however caused if made in good faith and in the ordinary course of the discharge of the duties of such employees.
Public servants for purposes of Penal Code
The members, officers, employees and agents of the Authority shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).
Transfer to Authority of property, assets and liabilities
As from the appointed day, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by any of the departments as specified in the First Schedule and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to any such department shall be transferred to and shall vest in the Authority without further assurance, act or deed.
If any question arises as to whether any particular property, or whether any particular asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Authority under subsection (1), a certificate under the hand of the Minister for Finance shall be conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested.
Any immovable property to be transferred to and vested in the Authority under subsection (1) shall be held by the Authority upon such tenure and subject to such terms and conditions as the President may determine.
Transfer of employees
As from the appointed day, such persons or categories of persons as the Minister may determine who, immediately before that day, were employed by the Government in any of the departments as specified in the First Schedule shall be transferred to the service of the Authority on terms no less favourable than those enjoyed by them immediately prior to their transfer.
If any question arises as to whether any person or category of persons has been transferred to the service of the Authority under subsection (1), a certificate under the hand of the Minister shall be conclusive evidence that the person or category of persons was or was not transferred.
Until such time as terms and conditions of service are drawn up by the Authority, the scheme and terms and conditions of the Government shall continue to apply to every person transferred to the service of the Authority under subsection (1) as if he were still in the employment of the Government.
Pension rights, etc., of Government employees to be preserved
The terms and conditions to be drawn up by the Authority shall take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Authority under section 31 while in the employment of the Government.
Any term or condition relating to the length of service with the Authority shall recognise the length of service of the persons so transferred while in the employment of the Government to be service with the Authority.
Nothing in the terms and conditions to be drawn up by the Authority shall adversely affect the conditions that would have been applicable to persons transferred to the service of the Authority as regards any pension, gratuity or allowance payable under the Pensions Act (Cap. 225).
Where a person has been transferred to the service of the Authority under section 31, the Government shall be liable to pay to the Authority such portion of any gratuity, pension or allowance payable to the person on his retirement as the same shall bear to the proportion which the aggregate amount of his pensionable emoluments during his service with the Government bears to the aggregate amount of his pensionable emoluments during his service under both the Government and the Authority.
Where any person in the service of the Authority, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to him or to such other person or persons wholly or partly dependent on him, as the Authority thinks fit, such allowance or gratuity as the Authority may determine.
No benefits in respect of abolition or reorganisation of office
Notwithstanding the provisions of the Pensions Act, no person who is transferred to the service of the Authority under section 31 shall be entitled to claim any benefit under that Act on the ground that he has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Authority.
Existing contracts
All deeds, contracts, schemes, bonds, agreements, instruments and arrangements, subsisting immediately before the appointed day to which the Government is a party and which relates to any of the departments as specified in the First Schedule or to any person transferred to the service of the Authority under section 31 shall continue in force on and after that day and shall be enforceable by or against the Authority as if the Authority had been named therein or had been a party thereto instead of the Government.
Continuation and completion of disciplinary and other legal proceedings
Where on the appointed day, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Authority, the proceedings shall be carried on and completed by the Authority.
Where on the appointed day, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order or decision had been rendered thereon, the committee shall 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 day.
Any order, ruling or direction made or given by a committee pursuant to this section shall be treated as an order, a ruling or a direction of the Authority and have the same force or effect as if it had been made or given by the Authority pursuant to the authority vested in the Authority under this Act.
All proceedings or causes of action pending or existing immediately before the appointed day by or against the Government in respect of any of the departments specified in the First Schedule may be continued, completed and enforced by or against the Authority.
Misconduct or neglect of duty by employee before transfer
The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, whilst he was in the employment of the Government, been guilty of any misconduct or neglect of duty which would have rendered him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he had continued to be in the employment of the Government and if this Act had not been enacted.
Annual report
The Authority shall, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to the Minister a report dealing generally with the activities of the Authority during that financial year.
The Minister shall, as soon as practicable, cause a copy of every such report to be presented to Parliament.
Authority’s symbol
The Authority shall have the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit in connection with its activities or affairs.
Any person who uses a symbol or representation identical with that of the Authority, or which so resembles the Authority’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Preservation of secrecy
Except for the purpose of the performance of his duties or the exercise of his functions or when lawfully required to do so by any court or under the provisions of any written law, no person who is or has been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority shall disclose any information relating to the affairs of the Authority or of any other person which has been obtained by him in the performance of his duties or the exercise of his functions.
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
Composition of offences
The Chief Executive or any officer authorised by him may, in his discretion, compound any offence under this Act or any regulations made thereunder which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $1,000.
On payment of such sum of money, no further proceedings shall be taken against such person in respect of the offence.
Regulations
The Authority may, with the approval of the Minister, make regulations for any or both of the following purposes:
regulating the proceedings of the Authority or of the committees of the Authority; and
providing for or prescribing any matters which are necessary or convenient to be provided for or prescribed for carrying out or giving effect to the provisions of this Act.
Consequential amendments
The enactments specified in the first column of the Second Schedule are amended in the manner set out in the second column thereof.
Savings
In so far as it is necessary to preserve the effect of any document issued by or relating to any of the departments specified in the First Schedule, any reference in such document to any such department shall be construed as a reference to the Authority.
Departments
FIRST SCHEDULESections 30(1), 31(1), 34, 35(4) and 43Departments
1. Institute of Science and Forensic Medicine.
2. Singapore Blood Transfusion Service.
3. National Pharmaceutical Administration.
4. Centre for Drug Evaluation.
5. Product Regulation Department.
Consequential amendments
SECOND SCHEDULESection 42Consequential amendmentsFirst columnSecond column(1)Contact Lens Practitioners Act (Chapter 53A, 1996 Ed.) (a)Section 2Insert, immediately after the definition of “annual licence”, the following definition:“ “Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;”.
Section 3Delete subsection (1) and substitute the following subsections:“(1) There shall be established a body to be called the Contact Lens Practitioners Board which shall consist of the following persons, all of whom shall be appointed by the Authority:
a registered medical practitioner with specialist qualification in ophthalmology, who shall be the chairman;
2 members who are registered contact lens practitioners;
2 members who are registered medical practitioners with specialist qualifications in ophthalmology; and
2 members of the academic staff of any institution in Singapore which conducts a course of instruction in optometry or contact lens practice.
The Authority may give to the Board such directions, not inconsistent with the provisions of this Act, as to the exercise and performance by the Board of its functions and powers, and the Board shall give effect to any such direction.”.
Section 5(i)Delete the word “Minister” in subsections (1) and (6) and substitute in each case the word “Authority”. (ii)Delete the word “he” in subsection (6) and substitute the word “it”.
New sections 22A and 22BInsert, immediately after section 22, the following sections:“Composition of offences22A.—
The Board or any officer authorised by the Board may, in its or his discretion, compound any offence under this Act or any regulations made thereunder which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000.
The Authority may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.Fees, charges, etc., collected by Board to be paid to Authority22B. All fees, charges and other moneys received or collected by the Board under this Act or any regulations made thereunder shall be paid to the Authority.”.
Section 24Delete the word “Board” in subsections (1) and (2) and substitute in each case the word “Authority”.
Section 25Repeal and substitute the following section:“Savings and transitional25.—
Every person who, immediately before the date of commencement of the Health Sciences Authority Act 2001, was holding office as a member of the Board or as the Registrar, shall, as from that date, continue to hold such office as if he had been appointed by the Authority under section 3 or 5 (as the case may be) on the same terms and conditions for a term expiring on the date on which his original appointment would expire.
Any regulations made by the Board under section 24 in force immediately before the date of commencement of the Health Sciences Authority Act 2001 shall be deemed to have been made by the Authority under section 24 in force on that date.”.
The Schedule(i)Delete the word “Minister” wherever it appears in paragraphs 1, 3, 4(b) and 5 and substitute in each case the word “Authority”. (ii)Delete the words “may make rules regulating” in paragraph 11 and substitute the words “may regulate”.
Criminal Procedure Code (Chapter 68, 1985 Ed.) (a)Section 2Insert, immediately after the definition of “fine”, the following definition:“ “Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;”.
Section 282(2)Delete the words “the Director of Scientific Services” and substitute the words “the Health Sciences Authority for any examination or analysis to be carried out thereon”.
Section 369(2)Delete paragraphs (a) and (b) and substitute the following paragraphs:“(a)an analyst employed by the Health Sciences Authority;
any registered medical practitioner employed by the Health Sciences Authority;”.
Customs Act (Chapter 70, 1997 Ed.) (a)Section 3(1)(i)Delete the words “the Director of Scientific Services” in the definition of “deleterious substance” and substitute the words “an analyst employed by the Health Sciences Authority”. (ii)Delete the definition of “Director of Scientific Services”. (iii)Insert, immediately after the definition of “Green Channel”, the following definition:“ “Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;”.
Section 118(i)Delete the words “a Scientific Officer” in the 1st and 2nd lines of subsection (1) and substitute the words “an analyst employed by the Health Sciences Authority (hereafter referred to as an analyst)”. (ii)Delete subsections (2) and (3) and substitute the following subsections:“(2) Where the accused person desires to examine an analyst on his report, he may require the court to summon that analyst to give evidence and the court shall thereupon summon that analyst as a witness for the prosecution.
An analyst shall be bound to state the truth in a report made under his hand.”. (iii)Delete the section heading and substitute the following section heading: “Analyst’s certificate”.
Factories Act (Chapter 104, 1998 Ed.) Section 70(i)Delete the words “Director of Scientific Services” in subsection (2)(c) and substitute the words “Health Sciences Authority”. (ii)Delete the words “a Scientific Officer” in the 1st and 2nd lines of subsection (3) and substitute the words “an analyst employed by the Health Sciences Authority”. (iii)Insert, immediately after subsection (5), the following subsection: “(6) In this section, “Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001.”.
Fire Safety Act (Chapter 109A, 2000 Ed.) Section 45Repeal and substitute the following section:“Analyst’s certificate45.—
A certificate purporting to be signed by an analyst employed by the Health Sciences Authority and purporting to relate to petroleum shall be admitted in evidence in any proceedings for an offence under Part VI, on its production by the prosecution without proof of signature and, until the contrary is proved, such certificate shall be prima facie evidence of all matters contained therein.
In this section, “Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001.”.
Intoxicating Substances Act (Chapter 146A, 1988 Ed.) (a)Section 2Insert, immediately after the definition of “Director”, the following definition:“ “Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;”.
Section 14Delete the words “a Government chemist” in the 5th line and substitute the words “an analyst employed by the Health Sciences Authority”.
Section 15(i)Delete the words “a Government chemist” in the 1st and 2nd lines and substitute the words “an analyst employed by the Health Sciences Authority”. (ii)Delete the words “Government chemist” in the marginal note and substitute the words “Analyst’s”.
Medicines Act (Chapter 176, 1985 Ed.) (a)Section 2(1)(i)Delete the definition of “analyst” and substitute the following definition:“ “analyst” means an analyst appointed by the licensing authority;”. (ii)Insert, immediately after the definition of “assemble”, the following definitions:“ “Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;“Chief Executive of the Authority” means the person appointed under section 15 of the Health Sciences Authority Act 2001 to be the Chief Executive of the Authority;”. (iii)Insert, immediately after the definition of “leaflet”, the following definition:“ “licensing authority” means the appropriate licensing authority as defined in section 4(1);”.
Section 4(1)Delete the words “Director of Medical Services” in paragraph (a) and substitute the words “Chief Executive of the Authority”.
Section 61Repeal and substitute the following section:“Disposal of goods forfeited61.—
All goods which are forfeited under this Act shall be disposed of in such manner as the licensing authority thinks fit.
The licensing authority may, in his discretion and after any proceedings under this Act are concluded, entertain and give effect to any claim to or in respect of goods which have been forfeited under this Act.”.
New section 72AInsert, immediately after section 72, the following section:“Fees, charges, etc., collected by licensing authority to be paid to appropriate Authority72A. All fees, charges and other moneys recovered or collected by the licensing authority under this Act or any regulations made thereunder (including sums collected for the composition of offences under section 72) shall be paid —
in the case where the licensing authority is the Chief Executive of the Authority, to the Authority; and
in the case where the licensing authority is the Director-General, Agri-food and Veterinary Services, to the Agri-food and Veterinary Authority established under the Agri-food and Veterinary Authority Act 2000 (Act 16 of 2000).”.
Misuse of Drugs Act (Chapter 185, 1998 Ed.) (a)Section 2Insert, immediately after the definition of “drug addict”, the following definition:“ “Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;”.
Section 16 (i)Delete the words “a Scientific Officer in the Department of Scientific Services (including the Director and Deputy Director of Scientific Services)” in the 1st, 2nd and 3rd lines and substitute the words “an analyst employed by the Health Sciences Authority”. (ii)Delete the section heading and substitute the following section heading: “Analyst’s certificate”.
Section 31Delete subsection (5) and substitute the following subsection:“(5) A urine test shall be conducted by an analyst employed by the Health Sciences Authority on one part of a specimen of urine provided under this section and, at the same time or soon thereafter, a second urine test shall be conducted on the other part of the specimen of urine by another analyst employed by the Health Sciences Authority.”.
Poisons Act (Chapter 234, 1999 Ed.) (a)Section 2Insert, immediately before the definition of “licensed pharmacist”, the following definitions:“ “Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;“Chief Executive of the Authority” means the person appointed under section 15 of the Health Sciences Authority Act 2001 to be the Chief Executive of the Authority;”.
Section 4Repeal and substitute the following section:“Licensing officers
4. The Chief Executive of the Authority or any officer of the Authority authorised by him in writing may issue licences for the purposes of this Act.”.
Section 8Delete the words “Director of Medical Services” in paragraph (d) and substitute the words “Chief Executive of the Authority”.
Section 12(i)Delete the words “Director of Medical Services” in subsection (2) and substitute the words “Chief Executive of the Authority”. (ii)Delete subsection (5) and substitute the following subsection: “(5) The register of licences kept under this section shall be kept at such office as may be designated by the Chief Executive of the Authority and shall be available for inspection by any person without charge at all reasonable hours.”.
Section 16(2)Delete the words “Director of Medical Services” in the last line and substitute the words “Chief Executive of the Authority”.
New sections 19A and 19BInsert, immediately after section 19, the following sections:“Composition of offences19A.—
The Chief Executive of the Authority or any employee of the Authority authorised by him in writing may, in his discretion, compound any offence under this Act or any rules made thereunder which is prescribed as a compoundable offence by collecting from the person reasonably suspected of committing an offence a sum not exceeding $2,000.
The Minister may make rules prescribing the offences which may be compounded under this section.Fees, charges, etc., collected by licensing officer to be paid to Authority19B. All fees, charges and other moneys recovered or collected by a licensing officer under this Act or any rules made thereunder shall be paid to the Authority.”.
Radiation Protection Act (Chapter 262, 1992 Ed.) (a)Sections 2 (definition of “approved”, 4(1)(a), 7(2), (3) and (4), 9(1), (2), (3) and (4), 10(1), (2) and (3), 11(2)(c), (3) and (4), 13, 14(1) and (2), 15(1) and (3) and marginal note, 16(1) and (2), 17(1), (2) and (3)(b) and (d), 18(1) and (2) and marginal note, 19(1), 20(a) and (b) and marginal note, 21, 24, 26(3), 28(s) and 30(3) (last line)Delete the word “Director” wherever it appears and substitute in each case the words “Chief Executive”.
Section 2(i)Insert, immediately after the definition of “authorised officer”, the following definitions:“ “Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;“Chief Executive” means the person appointed under section 15 of the Health Sciences Authority Act 2001 to be the Chief Executive of the Authority;”. (ii)Delete the definition of “Director”.
Section 3Repeal and substitute the following section:“Administration of Act and appointment of authorised officers3.—
The Chief Executive shall be charged with the general administration of this Act and the exercise of the powers conferred and duties imposed upon him by this Act.
The Chief Executive may appoint such other persons as he thinks fit to be authorised officers for the purposes of this Act.
Subject to any general or special directions of the Minister or the Chief Executive, the powers conferred and duties imposed on the Chief Executive by this Act or any regulations made thereunder may be exercised or performed by any authorised officer.”.
Section 26Delete the words “the Government” in the last line of subsection (1) and in the 5th and 6th lines of subsection (2) and substitute in each case the words “the Authority”.
New section 27AInsert, immediately after section 27, the following section:“Fees, charges, etc., collected by Chief Executive or authorised officer to be paid to Authority27A. All fees, charges and other moneys recovered or collected by the Chief Executive or an authorised officer under this Act or any regulations made thereunder (including sums collected for the composition of offences under section 24) shall be paid to the Authority.”.
Sale of Drugs Act (Chapter 282, 1985 Ed.) (a)Section 2(i)Insert, immediately after the definition of “analyst”, the following definitions:“ “Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;“Chief Executive of the Authority” means the person appointed under section 15 of the Health Sciences Authority Act 2001 to be the Chief Executive of the Authority;”. (ii)Delete the definition of “officer” and substitute the following definition:“ “officer” means the Chief Executive of the Authority and includes any person who is appointed by him to exercise any of the powers of an officer under this Act;”.
Section 3(1)Delete the words “The Minister” and substitute the words “The Chief Executive of the Authority”.
Section 4(3)Delete the words “become the property of the Government” in the 3rd line and substitute the words “be forfeited to the Authority”.
Section 9(1)Delete the words “appointed by the Minister for the purposes of this section” in the 1st and 2nd lines.
Section 13(i)Delete the word “Government” in the last line of subsection (1) and in subsection (2) and substitute in each case the word “Authority”. (ii)Delete the words “the Minister” in subsection (2) and substitute the words “the Chief Executive of the Authority”.
New section 25AInsert, immediately after section 25, the following section:“Composition of offences25A.—
The Chief Executive or any employee of the Authority authorised by him in writing may, in his discretion, compound any offence under this Act or any regulations made thereunder which is prescribed as a compoundable offence by collecting from the person reasonably suspected of committing an offence a sum not exceeding $500.
The Minister may make regulations prescribing the offences which may be compounded under this section.”.
Section 27Repeal and substitute the following section:“Fees to be paid to Authority
27. All fees, charges and other moneys recovered or collected by an officer or an analyst under this Act or any regulations made thereunder shall be paid to the Authority.”.
The ScheduleDelete the words “will become the property of the Government” in the 3rd and 4th lines of the second paragraph of the Notice and substitute the words “will be forfeited to the Authority”.
Smoking (Control of Advertisements and Sale of Tobacco) Act (Chapter 309, 1994 Ed.) (a)Section 2Delete the definition of “Director” and substitute the following definitions:“ “Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;“Chief Executive” means the person appointed under section 15 of the Health Sciences Authority Act 2001 to be the Chief Executive of the Authority;”.
Sections 12(1)(b), (2) and (3), 17(1) and (3), 18(1) and (2), 23(1)(a) and (b) and (2) and marginal note, 24(1), (2), (3) and (4), 25(1)(a), (b) and (c), 26(a) and (b), 27(4), (5) and (6), 28, 30 and 32(1)Delete the word “Director” wherever it appears and substitute in each case the words “Chief Executive”.
New section 32AInsert, immediately after section 32, the following section:“Fees, charges, etc., collected by the Chief Executive or authorised officer to be paid to Authority32A.—
All fees, charges and other moneys recovered or collected by the Chief Executive or an authorised officer under this Act or any regulations made thereunder (including sums collected for the composition of offences under section 32) shall be paid to the Authority.
In subsection (1), “authorised officer” includes any person authorised by the Chief Executive in writing to compound offences under section 32.”.
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