Singapore legislation
Regulation 2
of Central Provident Fund (Financial Penalties) Regulations 2016
Regulation 2
Definitions
Subregulation 1
In these Regulations —
Definition
“approved provider” means an approved applicant that is a Medisave healthcare provider;
Definition
“current penalty year” —
in relation to each contravention of regulation 3(2)(a), (b), (c) or (d) by an approved provider, means the calendar year in which the Board —
issues a warning to the approved provider for the contravention, where no previous notice under regulation 9(1) was given to the approved provider for that contravention; or
gives notice to the approved provider under regulation 9(1) of a financial penalty for the contravention, where no previous warning was given to the approved provider for the contravention; or
in relation to each contravention of regulation 3(2)(e) by an approved provider, means the calendar year in which the Board’s direction to submit the report concerned is made,and each contravention is assigned with a current penalty year in accordance with this definition;
Definition
“MAW Regulations” means the Central Provident Fund (Medisave Account Withdrawals) Regulations 2001;
Definition
“prescribed person” means a prescribed person as defined in regulation 2(1) of the MAW Regulations.
Subregulation 2
In these Regulations, the “number of previous penalty years”, in relation to the current penalty year of a contravention of regulation 3(2)(a), (b), (c) or (e) or modified regulation 3(2)(d) (called the relevant contravention) —
is nil if, in both of the 2 calendar years immediately before the current penalty year, the Board did not take action against the approved provider for any similar contravention to the relevant contravention;
is one if, in only one of the 2 calendar years immediately before the current penalty year, the Board did take action against the approved provider for any similar contravention to the relevant contravention; and
in any other case, is the number of consecutive calendar years immediately before the current penalty year in which the Board did take action against the approved provider for any similar contravention to the relevant contravention.
Subregulation 3
For the purposes of paragraph (2), the Board is treated as taking action against an approved provider in a calendar year for a contravention if the Board issues a warning to, or imposes a financial penalty under section 67C of the Act on, the approved provider for a contravention (excluding any action that has been withdrawn by the Board, reversed under regulation 11(5)(a) or invalidated under the law).
Subregulation 4
Where the payment of a financial penalty is waived under regulation 11(5)(d) —
the financial penalty is not invalidated under the law; but(b)the amount waived must be disregarded in computing the total amount of financial penalties for the purposes of regulation 4(2), 5(3), 6(3), 7(4) or 8(3).
Subregulation 5
In these Regulations, “similar contravention” —
in relation to a contravention of regulation 3(2)(a), means another contravention of regulation 3(2)(a);
in relation to a contravention of any regulation mentioned in regulation 6(1), means another contravention of any regulation mentioned in regulation 6(1);
in relation to a contravention of regulation 3(2)(b) (not being a contravention of the modified regulation 3(2)(b)), means another contravention of regulation 3(2)(b) (not being a contravention of the modified regulation 3(2)(b));
in relation to a contravention of regulation 3(2)(d) (not being a contravention of the modified regulation 3(2)(d)), means another contravention of regulation 3(2)(d) (not being a contravention of the modified regulation 3(2)(d)); or
in relation to a contravention of regulation 3(2)(e), means another contravention of regulation 3(2)(e).