Singapore legislation

Regulation 9

of Workplace Safety and Health (Registration of Factories) Regulations 2008

Regulation 9

Revocation and suspension of registration, etc.

Amended byS 57/2010 wef 01/03/2010S 203/2017 wef 01/09/2017S 203/2017 wef 01/09/2017S 203/2017 wef 01/09/2017S 57/2010 wef 01/03/2010S 203/2017 wef 01/09/2017S 57/2010 wef 01/03/2010S 203/2017 wef 01/09/2017S 434/2024 wef 01/06/2024S 203/2017 wef 01/09/2017

Subregulation 1

If any registered factory becomes unfit for occupation or use as a factory by reason of —

(a)

any change in the type of the work for which the factory is registered;

(b)

any structural change to the premises of the registered factory or any change in the layout of the premises; or

(c)

any fact or circumstance not present when the factory was registered,the Commissioner may, by notice in writing, direct the occupier of the registered factory to comply with such requirements as may be specified in the notice.

Subregulation 2

Where the occupier of the registered factory to whom any notice under paragraph (1) is given fails to comply with the notice, the Commissioner may —

(a)

suspend the certificate of registration of the factory for such period as he thinks fit; or

(b)

revoke the certificate of registration of the factory.

Subregulation 3

Where the Commissioner is satisfied that there has been a contravention of any condition of a certificate of registration, he may —

(a)

suspend the certificate of registration of the factory for such period as he thinks fit; or

(b)

revoke the certificate of registration of the factory.

Subregulation 3A

Amended byS 57/2010 wef 01/03/2010

The Commissioner may —

(a)

on the application of the occupier of a registered factory; or

(b)

on being satisfied that the occupier of a registered factory has ceased to occupy the factory,revoke the certificate of registration of the factory.

Subregulation 3B

Amended byS 203/2017 wef 01/09/2017

Where a factory is directed by the Commissioner under regulation 11(1) of the Workplace Safety and Health (Major Hazard Installations) Regulations 2017 (G.N. No. S 202/2017) to be registered as a major hazard installation, the certificate of registration of the factory is cancelled on —

(a)

the date specified in the Commissioner’s direction under sub‑paragraph (a) of that regulation, unless an application to register the factory as a major hazard installation under those Regulations is made before that date; or

(b)

if an application to register the factory as a major hazard installation under those Regulations has been made, the date the factory is registered as a major hazard installation or the date the application is rejected by the Commissioner.

Subregulation 3C

Amended byS 203/2017 wef 01/09/2017

Where a factory’s certificate of registration is cancelled under paragraph (3B), the Commissioner must refund to the occupier of the factory a pro‑rated amount, determined in accordance with paragraph (3D), of the fee paid under regulation 6(3)(a) in respect of that factory’s registration.

Subregulation 3D

Amended byS 203/2017 wef 01/09/2017

The amount mentioned in paragraph (3C) is pro‑rated according to the proportion that the remaining validity period of the factory’s registration (rounded to the nearest day) bears to the total validity period of that registration.

Subregulation 4

Amended byS 57/2010 wef 01/03/2010

The Commissioner shall, before suspending or revoking any certificate of registration of a factory under paragraph (2), (3) or (3A)(b), give to the occupier of the registered factory —

(a)

notice of his intention to suspend or revoke the certificate of registration; and

(b)

a reasonable opportunity to submit reasons as to why the certificate of registration should not be suspended or revoked.

Subregulation 5

Amended byS 203/2017 wef 01/09/2017

Where the Commissioner has, pursuant to this regulation, suspended, revoked or cancelled the certificate of registration of a factory, he shall give notice in writing of the suspension, revocation or cancellation to the occupier of the factory.

Subregulation 6

Amended byS 57/2010 wef 01/03/2010

The suspension or revocation of the certificate of registration of a factory under paragraph (2), (3) or (3A)(b) shall not take effect until the expiration of 21 days from the date on which the Commissioner’s decision to suspend or revoke the certificate of registration was communicated to the occupier of the factory or, where an appeal against the decision is made to the Minister under regulation 10, until the appeal has been determined or withdrawn.

Subregulation 7

Amended byS 203/2017 wef 01/09/2017

Where the certificate of registration of a factory has been suspended, revoked or cancelled, the occupier of the factory shall surrender the certificate of registration to the Commissioner within such time as the Commissioner may specify.

Subregulation 8

Amended byS 434/2024 wef 01/06/2024

Any person who contravenes paragraph (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

Subregulation 9

Amended byS 203/2017 wef 01/09/2017

The Commissioner may at any time, and for such reason as he considers sufficient, reduce the period for which a certificate of registration has been suspended.