# legal_provisions

document_id: mpasa-1996
provision_ref: s37
chapter: PART 6 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
section: 37
title: Existing agreements and pending proceedings
content:
37. —(1) All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before 2 February 1996 affecting the portion of the property, rights and liabilities transferred to the Authority under section 30(1) continue in full force and effect on and after that date and are enforceable by or against the Authority as if instead of the Government, the National Maritime Board or the Port of Singapore Authority (as the case may be) or any person acting on its behalf, the Authority had been named therein or had been a party thereto. (2) Any proceedings or cause of action relating to the portion of the property, rights and liabilities transferred to the Authority under section 30(1) pending or existing immediately before 2 February 1996 by or against the Government, the National Maritime Board or the Port of Singapore Authority (as the case may be) or any person acting on its behalf, may be continued and are to be enforced by or against the Authority.


document_id: mpasa-1996
provision_ref: s38
chapter: PART 7 - EMPLOYMENT OF SEAMEN
section: 38
title: Employment of seamen
content:
38. —(1) No person other than an employer may engage a seaman. (2) An employer must not engage a seaman and a seaman must not accept employment on board any vessel except in accordance with regulations made under section 40. (3) An employer must not enter into arrangements with any seaman to transport the seaman outside Singapore for the purpose of engagement in contravention of regulations made under section 40. (4) For the purpose of this Part, “employer” includes the shipowner, charterer or operator, the agent of the shipowner, charterer or operator and the master of the vessel.


document_id: mpasa-1996
provision_ref: s39
chapter: PART 7 - EMPLOYMENT OF SEAMEN
section: 39
title:
Penalty for employment of seamen in contravention of section 38 or of regulations made under section 40

content:
39. —(1) Any person or employer who — ( a ) contravenes section 38; or ( b ) selects or engages a seaman otherwise than in accordance with regulations made under section 40, 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 6 months or to both. (2) Any person or seaman who accepts employment or works in a vessel as a seaman otherwise than in accordance with regulations made under section 40 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 6 months or to both.


document_id: mpasa-1996
provision_ref: s40
chapter: PART 7 - EMPLOYMENT OF SEAMEN
section: 40
title: Regulations relating to seamen
content:
40. The Authority may, with the approval of the Minister, make regulations for the purposes of this Part and, in particular, may make regulations for the following purposes: ( a ) to prescribe the age and other qualifications of applicants for registration as seamen; ( b ) to prescribe the manner in which seamen may apply or be required to register; ( c ) to make provisions for the medical examination of applicants for registration as seamen; ( d ) to prescribe the procedures for dealing with the discipline of seamen; ( e ) to prescribe the fee to be paid upon the issue of registration cards, and the fee for replacement of such cards when lost, destroyed or otherwise rendered unserviceable; ( f ) to prescribe the conditions under which the Authority may cancel, suspend or alter the registration of seamen; and ( g ) to prescribe the fee to be paid on selection in respect of seamen selected in accordance with the provisions of this Part.


document_id: mpasa-1996
provision_ref: s41
chapter: PART 8 - REGULATION OF PORT
section: 41
title: Port regulations
content:
41. —(1) The Authority may, with the approval of the Minister, make regulations for the control and management of the port and the approaches to the port and for the maintenance of good order in the port and generally for the purposes of this Act and any other written law and, in particular, may make regulations for or in respect of all or any of the following matters: ( a ) regulating traffic and preventing and removing obstruction or impediment to navigation within the limits of the port and the approaches to the port; ( b ) the conduct of inquiries into any case where damage has been caused to or by a vessel; ( c ) regulating the keeping or placing of private moorings or buoys; ( d ) regulating the use of lights and the signals to be used in the port and the steps to be taken for avoiding collision by vessels navigating in the port; ( e ) the information to be supplied by the masters, owners, agents and other persons in respect of vessels arriving and departing and the time and manner in which such information must be supplied; ( f ) regulating, directing and controlling the use of vessels within the territorial waters of Singapore and all activities carried on in the waters of the port in respect of vessels, including but not limited to prescribing the conditions for towage and sale and supply of water and fuel to vessels and prohibiting such towage, sale and supply except through the Authority or by agreement with the Authority, and providing for the licensing thereof; ( g ) permitting, regulating and controlling the landing of personnel belonging to an armed service of any foreign country and the movement of such personnel in the port; ( h ) keeping clean the basins, works and premises of the Authority and the waters of the port and the approaches to the port and preventing oil, filth, rubbish or any other thing from being thrown or entering therein or thereon; ( i ) regulating and controlling the use and manning of harbour craft and providing for the licensing of harbour craft; ( j ) supervising, regulating and controlling all activities carried on in the waters of the port and providing for the licensing of the activities; ( k ) regulating the provision and maintenance of adequate and efficient pontoons for the landing of persons, mooring buoys, gangways, landing stages, moorings and berthing facilities and providing for the licensing thereof; ( l ) regulating the provision and maintenance of beacons, lighthouses, buoys and other aids to navigation not owned or erected by the Authority and providing for the licensing of those aids to navigation; ( m ) prescribing the standards of competence to be attained by officers and crew of harbour craft in order to be qualified for the purposes of manning harbour craft and providing for, for such purposes, the conduct of any examinations, the conditions for admission to them and the issue, form and recording of licences or certificates and other documents; ( n ) providing for and in respect of the construction and machinery, equipment, fittings, installations, appliances and apparatus of harbour craft, and the tests to be carried out and the maintenance in respect thereof, including the provision, maintenance and stowage of lifesaving and firefighting appliances and apparatus and providing for and in respect of the survey of harbour craft, the issue, suspension, cancellation or extension and period of validity of certificates or exemption certificates, and the types and forms of the certificates; ( o ) regulating the navigation and place of anchoring or mooring of vessels carrying dangerous cargoes; ( p ) regulating the mode of utilising, stowing and keeping dangerous cargoes on board vessels and the conveyance within the port of any kind of dangerous cargoes with any other kind of goods, articles or substances; ( q ) regulating, declaring and defining the wharves and docks and on and from which goods are to be landed from and shipped in vessels; ( r ) keeping free passages of such width as is deemed necessary in the port and along or near to the wharves, docks, moorings and other similar works in or adjoining the same and for marking out the spaces so to be kept free; ( s ) the information to be supplied by the masters, owners or agents and other persons in respect of goods loaded or discharged at the wharves in the port, and the time and manner in which such information must be supplied; ( t ) prohibiting the embarkation and disembarkation of persons except at places authorised by the Authority for such purpose; ( u ) prohibiting the loading and discharging of goods other than, in the case of dutiable goods, at wharves, docks and places authorised in the Customs Act 1960 or regulations made under that Act and, in the case of non‑dutiable goods, at wharves, docks and places named in the Regulation of Imports and Exports Act 1995 or any regulations made under that Act and at any other wharves, docks and places approved by the Authority; ( v ) prohibiting the loading, handling or discharging of dangerous cargoes at wharves or docks where the loading, handling or discharging appears specially dangerous to the public. (2) The Authority may, in making any regulations under this section, provide that any contravention of or failure to comply with any regulation shall be an offence and may prescribe as a penalty in respect of any one offence a fine not exceeding $20,000 or imprisonment for a term not exceeding 6 months or both and, in the case of a continuing offence, a further fine not exceeding $2,000 for every day or part of a day during which such offence continues after conviction.


document_id: mpasa-1996
provision_ref: s42
chapter: PART 8 - REGULATION OF PORT
section: 42
title: Insurance policy
content:
42. —(1) Where by virtue of this Act or the regulations any person is required to take out and maintain a policy of insurance against liability for any risks or costs, the policy of insurance must be — ( a ) issued by an insurer who at the time the policy is issued and during the period of insurance is lawfully carrying on insurance business in Singapore; and ( b ) in accordance with any terms and conditions, including any minimum limit of indemnity, that may be prescribed. (2) A policy is of no effect for the purposes of this Act or the regulations unless there is issued by the insurer to the person by whom the policy is effected, a certificate of insurance in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed. (3) Any condition in a policy of insurance issued or given for the purposes of this Act or the regulations which — ( a ) provides that no liability shall arise under the policy or that any liability so arising shall cease; and ( b ) purports to negate or restrict the liability of the insurer under the policy or to impose any condition with respect to the enforcement of any such liability of the insurer, in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy is of no effect in connection with any claim in respect of any risk against which the policy of insurance was required to be taken out or maintained. (4) Nothing in this section renders void any provision in a policy of insurance requiring the person insured to repay to the insurer any sum which the insurer may have become liable to pay under the policy and which has been applied to the satisfaction of any claim in respect of any risk against which the policy of insurance was required to be taken out or maintained. (5) The Authority may, by order in the Gazette , prescribe the conditions, including a minimum limit of indemnity, of any policy of insurance which is required to be taken out or maintained under this Act or the regulations and the form and particulars to be stated in any certificate of insurance, and different conditions, forms and particulars may be prescribed in relation to different cases or circumstances.


document_id: mpasa-1996
provision_ref: s43
chapter: PART 8 - REGULATION OF PORT
section: 43
title: Power of Port Master in relation to vessel
content:
43. Despite the provisions of any regulations made under section 41, the Port Master may, subject to any conditions that the Port Master may think fit to impose — ( a ) direct where any vessel is to be berthed, moored or anchored and the method of anchoring in the territorial waters of Singapore; ( b ) direct the removal of any vessel from any place in the territorial waters of Singapore to any other place in the territorial waters of Singapore and the time within which the removal is to be effected in the territorial waters of Singapore; ( c ) regulate, restrict or prohibit the movement of vessels in the port and the approaches to the port; and ( d ) by notification in the Gazette , declare the berths, locations, anchorages and fairways which may be used by vessels and the areas which are prohibited or restricted areas.


document_id: mpasa-1996
provision_ref: s44
chapter: PART 8 - REGULATION OF PORT
section: 44
title: Owner, agent or master of vessel to report arrival or departure
content:
44. —(1) The Port Master may direct the owner, agent or master of any vessel intending to enter or leave the port to furnish, before entering or leaving the port, such information as the Port Master may require relating to the vessel, its cargo and the estimated time of entering or leaving the port. (2) The owner, agent or master of any vessel arriving in the port must — ( a ) on arrival, report or cause to be reported by such means as the Port Master may direct, the arrival of the vessel; ( b ) provide within such time and by such means to the Port Master — (i) a general declaration of arrival in such form as the Port Master may determine; (ii) the clearance from the last port; (iii) a list of passengers on board; (iv) a list of crew; (v) a copy of the manifest of goods to be discharged or transhipped in the port; and (vi) any other documents that may be required by the Port Master; and ( c ) in the case of vessels belonging to a country not having a consular officer in Singapore, produce to the Director of Marine the certificate of registry and deposit with the Director of Marine the ship’s articles. (3) The owner, agent or master of any vessel who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: mpasa-1996
provision_ref: s45
chapter: PART 8 - REGULATION OF PORT
section: 45
title: Port Master may require vessel in transit in port or approaches to port to provide information
content:
45. —(1) The Port Master may at any time require the owner or master of any vessel which is in transit in the port or the approaches to the port to provide the Port Master with such particulars of the vessel, its cargo and equipment as the Port Master may determine. (2) Any owner or master of a vessel who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: mpasa-1996
provision_ref: s46
chapter: PART 8 - REGULATION OF PORT
section: 46
title: No vessel to leave port without port clearance
content:
46. —(1) Any vessel, other than a vessel referred to in subsection (3), must not leave the port without the owner, agent or master obtaining port clearance from the Port Master. (2) The owner, agent or master of the vessel applying for port clearance under subsection (1) must — ( a ) provide to the Port Master within such time and by such means as the Port Master may determine — (i) a general declaration of departure in such form as the Port Master may determine; (ii) a list of crew; (iii) a list of passengers on board; (iv) a copy of the manifest of goods on board and cargo loaded on or discharged at the port; and (v) any other documents that may be required by the Port Master; and ( b ) if so required by the Port Master, produce for inspection the certificate of registry and other documents relating to the vessel. (3) This section does not apply to — ( a ) any ship of war; ( b ) any vessel belonging to or for the time being in the service or employment of the Government unless the vessel is carrying or habitually carries cargo or passengers for freight or fares; and ( c ) vessels which have been exempted from complying with this section by the Minister. (4) If any vessel, not being exempted from complying with this section, leaves or attempts to leave the port without port clearance, the owner, agent or master of the vessel or any person who sends or attempts to send the vessel to sea shall, if that owner, agent, master or person is party or privy to the offence, be guilty of an offence and shall be liable on conviction for every offence to a fine not exceeding $10,000, and the vessel, if she has not left Singapore waters, may be detained. (5) Port clearance must not be granted to any vessel — ( a ) whose owner, agent or master has not complied with the Regulation of Imports and Exports Act 1995, or any other written law relating to the import or export of goods into or from Singapore; or ( b ) until the owner, agent or master of the vessel has declared to the Port Master the name of the country to which the owner, agent or master (as the case may be) claims that the vessel belongs, and if so required by the Port Master, has produced the certificate of registry of the vessel; and the Port Master must then inscribe that name on the port clearance. (6) Where under this Act or any other written law a vessel is to be detained, the Port Master must, and where under this Act or any other written law a vessel may be detained the Port Master may, refuse to grant port clearance to that vessel. (7) The Port Master may refuse to grant port clearance to any vessel whose owner or master has not complied with, or has been charged with an offence under, any of the provisions of this Act or any other written law. (8) The Port Master may refuse to grant port clearance to any vessel which has anchored in the submarine cable corridor unless the owner, agent or master of the vessel has deposited such sum of money or furnished such security as may be required by a public telecommunication licensee in order to meet the costs of making good the damage, whether actual or estimated by a public telecommunication licensee, to the submarine cable and its associated plant (called in this section the submersible plant). (9) Where a public telecommunication licensee has reason to believe that the submersible plant has been damaged by a vessel, the public telecommunication licensee may require the owner, agent or master of that vessel to carry out an inspection or survey of the submersible plant in such manner as it considers necessary. (10) The expenses of any inspection or survey of the submersible plant carried out under subsection (9) must be paid by the owner, agent or master of the vessel. (11) In this section, “submarine cable corridor” means the area designated by the Port Master as the submarine cable corridor.


document_id: mpasa-1996
provision_ref: s47
chapter: PART 8 - REGULATION OF PORT
section: 47
title:
Owner, agent or master of vessel not leaving within 48 hours after port clearance to return port clearance to Port Master

content:
47. —(1) The owner, agent or master of any vessel which fails to leave the port within 48 hours, or any shorter period specified by the Port Master, after obtaining port clearance must, within 6 hours after the expiry of the 48 hours or the shorter period, return to the Port Master the port clearance certificate and, if so required, obtain fresh port clearance. (2) Any owner, agent or master of a vessel who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction for every offence to a fine not exceeding $5,000 and the vessel may be detained.


document_id: mpasa-1996
provision_ref: s48
chapter: PART 8 - REGULATION OF PORT
section: 48
title: Power to prohibit vessel from entering territorial waters
content:
48. The Port Master may prohibit any vessel from entering the territorial waters of Singapore if he or she is of the opinion that it would not be in the public interest for the vessel to enter Singapore.


document_id: mpasa-1996
provision_ref: s49
chapter: PART 8 - REGULATION OF PORT
section: 49
title: Power to direct vessel to leave territorial waters
content:
49. —(1) The Port Master may direct any vessel to leave the territorial waters of Singapore if he or she is of the opinion that it would not be in the public interest for the vessel to remain within the territorial waters of Singapore. (2) Any person aggrieved by the direction of the Port Master under subsection (1) may, within 7 days of the receipt of such direction, appeal to the Minister whose decision is final. (3) If any vessel fails to leave the territorial waters of Singapore within the time specified by the Port Master, or where an appeal has been made to the Minister under subsection (2) after the appeal has been refused, the Authority may take possession of and dispose of the vessel in any manner the Authority thinks fit.


document_id: mpasa-1996
provision_ref: s50
chapter: PART 8 - REGULATION OF PORT
section: 50
title: Penalty for disobedience of direction
content:
50. —(1) Any person who, without lawful excuse, refuses, neglects or fails to obey any direction lawfully given under this Part or any regulations made under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the person wilfully continues to disobey the direction. (2) In case of any refusal or neglect or failure to comply with any direction given under this Part or any regulations made under this Part, the Authority may, whether any proceedings have been instituted against any person for such offence or not, do or cause to be done all such acts as are in its opinion reasonable or necessary for the purpose of carrying out or complying with the direction, and may hire and employ any person that it considers proper and necessary for such purpose. (3) All expenses incurred in doing such acts must be paid and borne by the person or persons so offending.


document_id: mpasa-1996
provision_ref: s51
chapter: PART 8 - REGULATION OF PORT
section: 51
title: Removal of certain obstructions and compensation therefor
content:
51. —(1) Even though any obstruction or impediment to the navigation of the port has been lawfully made or has become lawful by reason of the long continuance of the obstruction or impediment or otherwise, the Authority may, with the approval of the Minister, cause the same to be removed or altered, making to the persons who suffer damage by the removal or alteration reasonable compensation for the damage done. (2) If any dispute arises concerning the compensation, the amount and, if necessary, any question of liability is to be summarily ascertained and determined by a court of competent jurisdiction. (3) An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or a District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals. [40/2019]


document_id: mpasa-1996
provision_ref: s52
chapter: PART 8 - REGULATION OF PORT
section: 52
title: Fire on board vessel
content:
52. —(1) In the event of fire breaking out on board any vessel in the port, the Port Master or an authorised representative of the Port Master may proceed on board the vessel with such assistance and persons as he or she thinks fit, and may give any orders that seem to him or her necessary for scuttling the vessel, or for removing the vessel or any other vessel to any place that he or she thinks proper to prevent in either case danger to other vessels and for the taking of any other measures that appear to him or her expedient for the protection of life or property. (2) If such orders are not forthwith carried out by the master of the vessel, the Port Master or the authorised representative may proceed to carry them into effect. (3) Any expenses incurred in the exercise of the powers conferred by subsections (1) and (2) are recoverable from the master or owner of the vessel concerned as a civil debt.


document_id: mpasa-1996
provision_ref: s53
chapter: PART 8 - REGULATION OF PORT
section: 53
title: Power to board vessel
content:
53. —(1) The Port Master, an authorised representative of the Port Master, any officer of the Authority authorised by the Authority or any police officer may go on board any vessel in the port whenever he or she suspects that any offence against this Part has been or is about to be committed in any vessel, or whenever he or she considers it is necessary for him or her to do so in the discharge of any duty imposed by this Part or otherwise by law. (2) Any master of such vessel who, without lawful excuse, refuses to allow the Port Master or the other persons referred to in subsection (1) to enter the vessel shall be guilty of an offence and shall be liable on conviction for each offence to a fine not exceeding $1,000.


document_id: mpasa-1996
provision_ref: s54
chapter: PART 8 - REGULATION OF PORT
section: 54
title: Execution of order, etc.
content:
54. —(1) All acts, orders or directions authorised by this Part or any regulations made under this Part to be done or given by a particular employee of the Authority may be done or given by any other employee of the Authority authorised in writing in that behalf by the Authority. (2) Any person authorised to do any such act may call to his or her aid any assistance that is necessary.


document_id: mpasa-1996
provision_ref: s55
chapter: PART 8 - REGULATION OF PORT
section: 55
title: Exemption of vessels belonging to Singapore Armed Forces
content:
55. Except where expressly provided otherwise, this Part and any regulations made under this Part do not apply to any vessel belonging to the Singapore Armed Forces.


document_id: mpasa-1996
provision_ref: s57
chapter: PART 9 - REMOVAL OF VESSEL AND AIRCRAFT SUNK
section: 57
title: Power to require owner to raise, remove or destroy vessel, aircraft or other obstruction
content:
57. —(1) If in the opinion of the Authority any vessel, aircraft or other object sunk, stranded or abandoned within the port or the approaches to the port is, or is likely to become, an obstruction, impediment or danger to navigation or to the safe and convenient use or operation of the port, the Authority may by written notice require the owner or agent of the vessel, aircraft or object to raise, remove or destroy the whole or any part of such vessel, aircraft or object within such time specified in the notice. (2) Any notice to be served by the Authority under subsection (1) is deemed to be sufficiently served if addressed to “the owner” of the vessel, aircraft or object (as the case may be) and — ( a ) sent by telex or registered post to the last known place of residence or business or registered office of the owner of the vessel, aircraft or object; or ( b ) affixed to a conspicuous part of the vessel, aircraft or object. (3) Any person who fails to comply with a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the notice is not complied with.


document_id: mpasa-1996
provision_ref: s58
chapter: PART 9 - REMOVAL OF VESSEL AND AIRCRAFT SUNK
section: 58
title: Power to raise and remove vessel, aircraft or other obstruction
content:
58. —(1) Despite section 57, if the vessel, aircraft or other object is not raised, removed or destroyed within the time given in the notice under that section, the Authority may — ( a ) take possession of and raise, remove or destroy the whole or any part of the vessel, aircraft or object; ( b ) light, mark or buoy the vessel, aircraft or object until its raising, removal or destruction; and ( c ) sell, in any manner that it thinks fit, the vessel, aircraft or object. (2) The Authority may use the proceeds of the sale under subsection (1)( c ) to reimburse itself for the whole of the expenses incurred by it in the exercise of its powers under this section. (3) The Authority must on demand pay the surplus (if any) of the proceeds of the sale under subsection (1)( c ) to the owner or any person entitled to it and if no demand is made by the owner or any person entitled to the surplus within 12 months from the date of the sale, the surplus must be paid into the funds of the Authority. (4) If the proceeds of the sale under subsection (1)( c ) are insufficient to reimburse the Authority for the whole expenses incurred by it, the Authority may recover the balance from the owner of the vessel, aircraft or object as a debt in any court of competent jurisdiction. (5) If any vessel, aircraft or object or any part thereof is destroyed by the Authority under subsection (1)( a ), the owner of the vessel, aircraft or object must reimburse the Authority for the expenses incurred by the Authority in such destruction. (6) In this section, “vessel” or “aircraft” includes every article or thing or collection of things being or forming part of the tackle, equipment, cargo, stores or ballast of a vessel or an aircraft, as the case may be.


document_id: mpasa-1996
provision_ref: s59
chapter: PART 10 - PILOTAGE
section: 59
title: Declaration of pilotage districts
content:
59. —(1) The Authority may, by notification in the Gazette , declare any area in the port to be a pilotage district. (2) Every such declaration must define the limits of the pilotage district.


document_id: mpasa-1996
provision_ref: s60
chapter: PART 10 - PILOTAGE
section: 60
title: Authority may require vessel to be under pilotage
content:
60. —(1) Every vessel while navigating in any pilotage district or part of the district must be under pilotage and the owner, agent or master of the vessel must comply with that requirement. (2) A vessel while being moved within any area of the port which is or forms part of a pilotage district is deemed to be a vessel navigating in a pilotage district. (3) The Authority may, if it appears to the Authority to be necessary, exempt any vessel or class of vessels while navigating in any pilotage district from being under pilotage subject to any conditions as the Authority thinks fit to impose.


document_id: mpasa-1996
provision_ref: s61
chapter: PART 10 - PILOTAGE
section: 61
title: Failure to employ pilot under certain circumstances
content:
61. The owner, agent or master of a vessel navigating in circumstances in which the vessel is required by the Authority under section 60 to be under pilotage who does not employ an authorised pilot for such purpose shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and shall in addition be liable to pay to the Authority as penalty double the amount of pilotage dues and rates which would have been payable if the vessel had been under pilotage as required under that section.


document_id: mpasa-1996
provision_ref: s62
chapter: PART 10 - PILOTAGE
section: 62
title: Authorised pilot and berthing master
content:
62. —(1) Subject to the provisions of this Act, the Authority may employ any number of pilots that it considers necessary or expedient for the purpose of providing an adequate and efficient pilotage service. (2) Despite subsection (1) — ( a ) the Authority may, if it considers expedient, authorise any person to pilot vessels in a pilotage district subject to any conditions that it thinks fit; and ( b ) the owner of a wharf or dock may, with the approval of the Authority and subject to any conditions that the Authority may impose, authorise any person to act as a berthing master for the purposes of berthing and unberthing, docking and undocking, vessels at that wharf or dock.


document_id: mpasa-1996
provision_ref: s63
chapter: PART 10 - PILOTAGE
section: 63
title: Vessel to be piloted by authorised pilots
content:
63. A vessel must not be piloted in a pilotage district by any person other than an authorised pilot.


document_id: mpasa-1996
provision_ref: s64
chapter: PART 10 - PILOTAGE
section: 64
title: Penalties as to employment of pilot
content:
64. —(1) Any person who, not being an authorised pilot, engages in any pilotage act or attempts to obtain employment as a pilot of a vessel entering or within any pilotage district shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (2) Any owner, agent or master of a vessel entering or within any pilotage district who knowingly employs — ( a ) as a pilot any person who is not employed by the Authority to pilot vessels under section 62(1); ( b ) as a pilot any person who is not authorised to pilot vessels under section 62(2)( a ); or ( c ) as a berthing master any person who is not authorised to act as a berthing master under section 62(2)( b ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. (3) For the purposes of this section, a person employed under section 62(1) or authorised under section 62(2)( a ) or ( b ) acting beyond the limits for which the person is licensed or authorised to act or acting in contravention of any of the conditions imposed under section 62(2)( a ) or ( b ) or 70 is deemed not to be an authorised pilot. (4) Any person may, without subjecting himself or herself or his or her employer to any penalty, act as the pilot of a vessel entering or leaving any pilotage district, when that vessel is in distress or under circumstances making it necessary for the master to avail himself or herself of the best assistance that can be found at the time.


document_id: mpasa-1996
provision_ref: s65
chapter: PART 10 - PILOTAGE
section: 65
title: Employment of pilot
content:
65. A person must not be employed as an authorised pilot in a pilotage district unless the person is in possession of a valid licence issued under section 68 to act as a pilot in that district.


document_id: mpasa-1996
provision_ref: s66
chapter: PART 10 - PILOTAGE
section: 66
title: Appointment and functions of Pilotage Committee
content:
66. The Authority must appoint a Pilotage Committee for the purpose of — ( a ) holding examinations and issuing, on behalf of the Authority, licences to act as an authorised pilot; ( b ) holding inquiries into the conduct of authorised pilots in the discharge of their duties; ( c ) making any arrangements that may be necessary for the training of persons selected for or in the pilotage service; ( d ) investigating and advising on matters that may be referred to the Committee by the Authority; and ( e ) carrying out any other functions conferred on the Committee by this Act.


document_id: mpasa-1996
provision_ref: s67
chapter: PART 10 - PILOTAGE
section: 67
title: Constitution of Pilotage Committee
content:
67. —(1) The Pilotage Committee consists of — ( a ) the Port Master who is the chairperson of the Committee; and ( b ) at least 4 other persons, 3 of whom must have, in the opinion of the Authority, knowledge of or experience in nautical matters. (2) A member of the Pilotage Committee holds office for such term, not exceeding 3 years, as the Authority may specify in its appointment and is eligible for re‑appointment. (3) At any meeting of the Committee, 3 members of the Pilotage Committee form a quorum. (4) The chairperson of the Pilotage Committee presides at all meetings of the Committee. (5) If the chairperson is absent from a meeting or any part of the meeting, a member elected by the members of the Pilotage Committee present, presides in the chairperson’s place. (6) The chairperson or member presiding at any meeting of the Pilotage Committee has a vote and, in the case of an equality of votes, a second or casting vote. (7) Members of the Pilotage Committee may be paid, out of the funds of the Authority, such fees and allowances as the Authority may determine. (8) Subject to the provisions of this Act, the Authority may make rules for the purpose of regulating the meetings and proceedings of the Pilotage Committee.


document_id: mpasa-1996
provision_ref: s68
chapter: PART 10 - PILOTAGE
section: 68
title: Examination for licence
content:
68. —(1) The Pilotage Committee must examine candidates for employment as authorised pilots and on being satisfied as to a candidate’s general fitness and competency, including physical fitness, to act as an authorised pilot may, on behalf of the Authority, issue to the candidate a licence to act as an authorised pilot, and the licence may contain any conditions that the Committee thinks fit. (2) Every authorised pilot must, whenever the Pilotage Committee considers that owing to changed conditions or for any other sufficient reason the further testing of the knowledge, efficiency or physical fitness of any such pilot is necessary, present himself or herself for further examination, and must in every such case first deposit with the Committee his or her licence issued by the Committee on behalf of the Authority to be returned or cancelled by the Committee on behalf of the Authority as the result of the test or examination. (3) A person must not continue to employ as an authorised pilot any pilot whose licence to act as an authorised pilot is cancelled as the result of any test or examination carried out or held under subsection (2).


document_id: mpasa-1996
provision_ref: s69
chapter: PART 10 - PILOTAGE
section: 69
title: Inquiries by Pilotage Committee
content:
69. —(1) The Pilotage Committee may, and when directed by the Authority must, hold an inquiry into the conduct of an authorised pilot where it appears that the pilot has been guilty of misconduct affecting his or her capability as a pilot or has failed in or neglected his or her duty as a pilot or has become incompetent to act as a pilot. (2) For the purposes of the inquiry, the Pilotage Committee may summon any person to attend any meeting of the Committee to give evidence on oath or produce any document or other thing in his or her possession and to examine him or her as a witness or require him or her to produce any document or other thing in his or her possession relating to the matters which are the subject matter of the inquiry. (3) Any person who — ( a ) being summoned to attend any such inquiry, fails to do so; ( b ) offers any act of disrespect or any insult or threat to the Pilotage Committee or any member of the Committee during an inquiry; or ( c ) being required by the Pilotage Committee to give evidence on oath or affirmation or to produce a document or other thing, refuses to do so, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: mpasa-1996
provision_ref: s70
chapter: PART 10 - PILOTAGE
section: 70
title: Submission of Pilotage Committee’s finding and recommendation to Authority
content:
70. —(1) Where the Pilotage Committee, after due inquiry in accordance with the provisions of this Part and after hearing any statement that may be offered in defence, finds that an authorised pilot has been guilty of misconduct or indiscipline affecting his or her capability or duties as a pilot or has failed in or neglected his or her duty as a pilot or has become incompetent to act as a pilot, the Committee must submit to the Authority a copy of the record of the inquiry and its findings and recommendations in respect of the inquiry. (2) The Authority may, after considering the findings and recommendations of the Pilotage Committee, suspend or cancel the licence of such authorised pilot or impose such other punishment as the Authority thinks fit. (3) Any authorised pilot who is aggrieved by any decision of the Authority made under subsection (2) may, within 14 days from the date of the decision, appeal to the Minister whose decision is final. (4) Where the Pilotage Committee, after due inquiry in accordance with the provisions of this Part, finds that any authorised pilot has been negligent in piloting any vessel or has become incompetent to act as a pilot, the Committee must submit its findings to the Authority and the Authority must suspend or revoke such authorisation as the Authority considers fit.


document_id: mpasa-1996
provision_ref: s71
chapter: PART 10 - PILOTAGE
section: 71
title: Liability of master or owner in case of vessel under pilotage
content:
71. The master or owner of a vessel navigating in circumstances in which pilotage is compulsory is answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel in the same manner as the master or owner would if pilotage were not compulsory.


document_id: mpasa-1996
provision_ref: s72
chapter: PART 10 - PILOTAGE
section: 72
title: Limitation of pilot’s liability when bond is given
content:
72. —(1) An authorised pilot who has given a bond in accordance with subsection (2) is not liable for neglect, want of skill or incapacity in office beyond the penalty of the bond and the amount payable to the Authority on account of pilotage in respect of the voyage in which the pilot was engaged when he or she became so liable. (2) Every pilot must give a bond in the sum of $1,000 in favour of the Authority for the proper performance of his or her duties under this Part and any regulations made under this Part. (3) Any bond given by an authorised pilot in accordance with this section shall not be liable to stamp duty. (4) Where any proceedings are taken against an authorised pilot for any neglect, want of skill or incapacity in office in respect of which the pilot’s liability is limited as provided by this section, and other claims are made in respect of the same neglect, want of skill or incapacity in office, the court in which the proceedings are taken may — ( a ) determine the amount of the pilot’s liability and, upon payment by the pilot of that amount into court, distribute the amount rateably among the several claimants; ( b ) stay any proceedings pending in any other court in relation to the same matter; and ( c ) proceed in such manner and subject to such directions as the court thinks fit as to — (i) making persons interested parties to the proceedings; (ii) excluding any claimants who have not submitted their claims within a certain time; (iii) requiring security from the pilot; and (iv) payment of any costs.


document_id: mpasa-1996
provision_ref: s73
chapter: PART 10 - PILOTAGE
section: 73
title: Offences of pilot
content:
73. —(1) Any authorised pilot who — ( a ) is in any way, directly or indirectly, concerned in any corrupt practices relating to vessels, their tackle, furniture, cargo, crew or passengers, or to persons in distress at sea or by shipwreck, or to their moneys, goods or chattels; ( b ) lends his or her licence; ( c ) acts as pilot while suspended; ( d ) acts as pilot when in a state of intoxication; ( e ) refuses or wilfully delays, when not prevented by illness or other reasonable cause, to pilot any vessel within the limits for which he or she is licensed by the Authority upon being required to do so by any employee of the Authority duly authorised in that behalf; or ( f ) quits the vessel under his or her pilotage without the consent of the master, before the service for which the pilot was engaged has been performed, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. (2) Any person who procures, aids, abets or connives at the commission of any offence under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: mpasa-1996
provision_ref: s74
chapter: PART 10 - PILOTAGE
section: 74
title: Pilotage Committee and Authority not liable for loss or damage caused by pilot
content:
74. —(1) The issue of a licence to a pilot by the Pilotage Committee on behalf of the Authority under section 68 or the authorisation given by the Authority to any person to pilot vessels in the pilotage district pursuant to section 62(2)( a ) shall not impose any liability on the Pilotage Committee or the Authority for any loss or damage caused by any act, omission or default of the pilot. (2) Any authorised pilot while engaged in any pilotage act is deemed to be the employee only of the master or owner of the vessel under pilotage and the Authority shall not be liable for any loss or damage caused by any act, omission or default of such pilot.


document_id: mpasa-1996
provision_ref: s75
chapter: PART 10 - PILOTAGE
section: 75
title: Members of Pilotage Committee to act as assessors in proceedings
content:
75. A Magistrate’s Court or a District Court may, if it thinks fit, call upon 2 members of the Pilotage Committee to sit with it as assessors in any proceedings affecting authorised pilots under this Act or the regulations.


document_id: mpasa-1996
provision_ref: s76
chapter: PART 10 - PILOTAGE
section: 76
title: Regulations relating to pilotage and conduct of pilot
content:
76. —(1) The Authority may, with the approval of the Minister, make regulations for regulating pilotage in any pilotage district and for the maintenance of good conduct and discipline of authorised pilots and for matters relating to their duties. (2) The Authority may, in making regulations under this section, provide that any contravention of or failure to comply with any of the regulations shall be an offence and may prescribe as a penalty in respect of any one offence a fine not exceeding $5,000.


document_id: mpasa-1996
provision_ref: s77
chapter: PART 11 - REGULATION AND CONTROL OF
section: 77
title: Dredging limits
content:
77. —(1) The Authority may, with the approval of the Minister, by notification in the Gazette , prescribe the limits within which and the levels to which dredging may be carried out by the Authority in the port and the approaches to the port. (2) The Authority shall not be liable for any loss or damage to any sea or river wall, wharf, dock or other property arising out of any dredging by the Authority in the port.


document_id: mpasa-1996
provision_ref: s78
chapter: PART 11 - REGULATION AND CONTROL OF
section: 78
title: Hydrographic survey, etc., not to be carried out without approval of Authority
content:
78. —(1) A person must not carry out or cause to be carried out any hydrographic or hydrologic survey or other study of the waters and seabed within the territorial limits of Singapore except with the approval of the Authority. (2) The Authority may grant the approval referred to in subsection (1) with or without conditions or may refuse to grant the approval. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (4) This section does not apply to any hydrographic or hydrologic survey or other study carried out for or on behalf of the Government.


document_id: mpasa-1996
provision_ref: s79
chapter: PART 11 - REGULATION AND CONTROL OF
section: 79
title: Restriction of certain works and operations
content:
79. —(1) Subject to this section, a person must not, without the written consent of the Authority, carry out any of the following operations: ( a ) construct, alter or improve any work on, under or over any part of a river, waterway or the seashore lying below the high‑water mark of ordinary tides; ( b ) deposit any object or any material on any part of a river, waterway or the seashore as described in paragraph ( a ); or ( c ) remove any object or any material from any part of a river, waterway or the seashore as described in paragraph ( a ). (2) The Authority may, as a condition of considering an application for consent under this section, require to be furnished with such plans and particulars of the proposed operations as the Authority may consider necessary; and on receipt of any such application the Authority may cause notice of the application, and of the time within which and the manner in which objections to the application may be made, to be published in such manner as the Authority may consider appropriate for informing persons affected thereby, and, before granting its consent may, if the Authority thinks fit, direct an inquiry to be held. (3) If the Authority is of the opinion that any operation in respect of which an application is made under this section should not for any reason be carried out or should be carried out subject to such conditions as the Authority thinks necessary to impose, the Authority may either refuse its consent or give its consent subject to any conditions that the Authority thinks fit. (4) A consent of the Authority under this section may be given so as to continue in force, unless renewed, only if the operation for which the consent is given has begun or is completed within the period specified in the consent; and any renewal of such a consent may be limited in the like manner. (5) The restriction imposed by subsection (1) does not apply to the carrying out of any dredging operation or reclamation work authorised by the Government in accordance with the provisions of any written law. (6) Nothing in this section is deemed to be in derogation of any of the powers or rights of the Government in respect of the foreshore or territorial waters of Singapore. (7) Nothing in this section is deemed to confer upon the Authority any power or right in respect of the foreshore not vested in the Authority. (8) Any person who — ( a ) carries out any operation in contravention of subsection (1); or ( b ) fails to comply with any condition subject to which any consent of the Authority has been given under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (9) Without prejudice to any proceedings under subsection (8), where any person has constructed, altered or improved any work or deposited any object or material on a river, waterway or the seashore in contravention of subsection (1) or has failed to comply with any condition subject to which any consent of the Authority has been given under this section, the Authority may serve a notice on that person requiring the person to remove, within a period (not being less than 30 days) specified in the notice, the object or material (as the case may be) or, if it appears to the Authority necessary to do so, the Authority may itself remove or alter the work or remove the object or material. (10) If within the period specified in any notice under subsection (9) the person upon whom the notice is served fails to comply with it, the Authority may remove or alter the work or remove the object or material as specified in the notice. (11) Where under subsection (9) or (10) the Authority removes or alters any work or removes any object or material, the Authority is entitled to recover the expense thereof as certified by the Authority, from the person by whom or for whom the work was constructed, altered or improved, or the object or material was deposited. (11A) For the purpose of subsection (1)( b ), the Authority may demarcate any part of a river, waterway or the seashore as described in subsection (1)( a ) as a site (called in this section a deposit site) at which any object or material may be deposited, and may do such things as it considers necessary to develop, manage, monitor or maintain the deposit site. [Act 17 of 2025 wef 01/02/2026] (11B) To avoid doubt, where any deposit site was originally a part of a river, waterway or the seashore lying below the high‑water mark of ordinary tides, nothing in this section prevents the Authority from giving or continuing to give consent for any object or material to be deposited at the deposit site even though the deposit of the object or material would be at or above the high‑water mark of ordinary tides at that deposit site. [Act 17 of 2025 wef 01/02/2026] (12) In this section — “seashore” includes the seabed under the territorial waters of Singapore; “work” includes any architectural or engineering operation.


document_id: mpasa-1996
provision_ref: s80
chapter: PART 11 - REGULATION AND CONTROL OF
section: 80
title: Salvage business not to be carried on without licence
content:
80. —(1) A person must not carry on the business of rendering salvage services in the territorial waters of Singapore without a valid licence granted by the Authority for that purpose. (2) The Authority may grant the licence with or without conditions or may refuse to grant the licence. (3) Any person who contravenes subsection (1) 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 12 months or to both. (4) Any person aggrieved by — ( a ) the refusal of the Authority to grant or renew a licence; or ( b ) the cancellation of a licence, may, within 30 days after receiving the Authority’s notification of its decision, appeal to the Minister whose decision is final.


document_id: mpasa-1996
provision_ref: s81
chapter: PART 12 - LICENSING OF MARINE AND
section: 81
title: Licences authorising provision of marine or port services and facilities
content:
81. —(1) A person must not provide — ( a ) any marine service or facility; or ( b ) any port service or facility, unless the person is authorised to do so by a public licence or an exemption granted by the Authority. (2) Every public licence granted under this section must be in such form and for such period and may contain such conditions as the Authority may determine. (3) The Authority may, with the consent of, or in accordance with the terms of a general authority given by the Minister, grant a public licence either unconditionally or subject to any conditions that the Authority may impose and specify in the licence and either irrevocably or subject to revocation as specified in the licence, authorising any person to provide any marine service or facility or any port service or facility. (4) Without limiting subsection (3), a public licence may be granted either to any person, class of persons or a particular person, and may include conditions requiring the public licensee — ( a ) to enter into agreements or arrangements with any other person, class of persons or another public licensee for — (i) the interconnection with, access to and use of any installation of the licensee (wherever situated and whether or not used for the purpose of carrying on the activities authorised by the licence); and (ii) any other purpose specified in the licence, and on such conditions as may be agreed to by the licensee and such other persons or, in default of agreement, as may be determined by the Authority; ( b ) to prepare itself to deal with any public emergency; ( c ) to pay to the Authority a fee on the grant of the licence or pay to the Authority periodic fees during the currency of the licence or both, of such amount as may be determined by or under the licence; ( d ) to comply with any direction given by the Authority as to any matters specified in the licence or of a description so specified; and ( e ) to do or not to do anything specified in the licence or of a description so specified. (5) Conditions in a public licence may contain — ( a ) controls and restrictions, directly or indirectly, on the creation, holding or disposal of shares in the public licensee or its shareholders or interests in the undertaking of the licensee or any part thereof; ( b ) restrictions on the carrying on by the public licensee of any trade or business which is not related to the activity which the licensee is authorised by its public licence to carry on; ( c ) provisions for the conditions to cease to have effect or be modified at such times, in such manner and in such circumstances as may be specified in or determined by or under the conditions; and ( d ) provisions controlling or fixing the prices to be charged by the public licensee in respect of the handling and storage of goods other than such category of goods as the Minister may by notification in the Gazette , declare to be transhipment goods, including — (i) the setting of pricing policies or principles; and (ii) the setting of prices with reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factors. (6) Any provision included by virtue of subsection (5)( c ) in a public licence has effect in addition to the provision made by this Part with respect to the modification of the conditions of a public licence. (7) A payment required by subsection (4) to be rendered to the Authority may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt. (8) A person must not question whether the grant of a public licence under subsection (3) was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a licence granted under that subsection must not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister. (9) The grant and renewal of public licences under this section is at the discretion of the Authority. (10) Nothing in this section prevents the Minister from directing the Authority to grant a public licence in any specific case or requires the Authority to obtain a licence where it undertakes any activity mentioned in subsection (1) and any person aggrieved by a refusal of the Authority to grant a licence may, within 14 days of the refusal, appeal to the Minister whose decision is final.


document_id: mpasa-1996
provision_ref: s82
chapter: PART 12 - LICENSING OF MARINE AND
section: 82
title: Restriction on transfer of public licence
content:
82. —(1) A public licence must not be transferred to any other person without the prior written consent of the Authority to the transfer to that person. (2) Any purported transfer of a public licence without the consent in subsection (1) is for all purposes void and of no effect.


document_id: mpasa-1996
provision_ref: s83
chapter: PART 12 - LICENSING OF MARINE AND
section: 83
title: Modification of conditions of public licence
content:
83. —(1) Subject to this section, the Authority may modify the conditions of a public licence granted. (2) Before making modifications to the conditions of a public licence under this section, the Authority must give notice to the licensee — ( a ) stating that it proposes to make the modifications in the manner specified in the notice and the compensation payable for any damage caused by the modifications; and ( b ) specifying the time (not being less than 28 days from the date of service of notice on such licensee) within which written representations with respect to the proposed modifications may be made. (3) Upon receipt of any written representation referred to in subsection (2), the Authority must consider such representation and may — ( a ) reject the representation; or ( b ) amend the proposed modifications or compensation payable in accordance with the representation, or otherwise, and, in either event, it must issue a written direction to the public licensee requiring that effect be given to the proposed modifications specified in the notice or to such modifications as subsequently amended by the Authority within a reasonable time. (4) Any public licensee aggrieved by the decision of the Authority under subsection (3) may, within 14 days of the receipt by it of the direction, appeal to the Minister whose decision is final. (5) The Authority must not enforce its direction — ( a ) during the period referred to in subsection (4); and ( b ) while the appeal of the public licensee is under consideration by the Minister. (6) If no written representation is received by the Authority within the time specified in subsection (2) or if any written representation made under subsection (2) is subsequently withdrawn, the Authority may forthwith carry out the modifications as specified in the notice given under subsection (2).


document_id: mpasa-1996
provision_ref: s84
chapter: PART 12 - LICENSING OF MARINE AND
section: 84
title: Suspension or cancellation of public licence, etc.
content:
84. —(1) If the Authority is satisfied that — ( a ) a public licensee is contravening, or is likely to contravene or has contravened any of the conditions of its public licence or any of the provisions of this Act or any of its regulations or any direction issued by the Minister or the Authority to, or applicable to, that licensee; ( b ) a public licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( c ) a public licensee has made any assignment to, or composition with, its creditors; or ( d ) the public interest or security of Singapore so requires, the Authority may, by written notice and without any compensation, do either or both of the following: ( e ) cancel the public licence or suspend the licence for such period as the Authority thinks fit; ( f ) require the payment of a fine in such amount as the Authority thinks fit. [40/2017] (2) Any person who is aggrieved by any decision of the Authority under this section may, within 14 days after such person has been given the written notice referred to in subsection (1), appeal to the Minister whose decision is final.


document_id: mpasa-1996
provision_ref: s85
chapter: PART 12 - LICENSING OF MARINE AND
section: 85
title: Direction affecting public licensee
content:
85. —(1) The Authority may give directions for or with respect to standards of performance and procedures to be observed by public licensees and other persons — ( a ) to ensure the reliability of the supply of marine services and facilities or port services and facilities (as the case may be) to the public; or ( b ) in the interests of public safety. (2) Any person who fails to comply with any direction given under this section shall be guilty of an offence.


document_id: mpasa-1996
provision_ref: s86
chapter: PART 12 - LICENSING OF MARINE AND
section: 86
title: General duties of public licensee
content:
86. It is the duty of a public licensee to provide reliable, efficient and economical marine services and facilities or port services and facilities (as the case may be) to the public in accordance with the conditions of the public licence granted to the public licensee and the directions of the Authority.


document_id: mpasa-1996
provision_ref: s86AA
chapter: PART 12A - CONTROL OF
section: 86AA
title: Extraterritorial application of this Part
content:
86AA. —(1) Except where otherwise expressly provided, this Part applies to, and in relation to — ( a ) all individuals, whether resident in Singapore or not and whether citizens of Singapore or not; and ( b ) all bodies corporate or unincorporate, whether incorporated, formed, established, or carrying on business in Singapore or not. (2) Every person who, outside Singapore, commits an act or omission that, if committed in Singapore, would constitute an offence under this Part, is deemed to commit the act or omission in Singapore and may be proceeded against, charged, tried and punished accordingly. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86A
chapter: PART 12A - CONTROL OF
section: 86A
title: Interpretation of this Part
content:
86A. —(1) In this Part — “5% controller”, in relation to a designated operating entity or designated equity interest holder, means a person who, alone or together with the person’s associates — ( a ) holds 5% or more, but less than 25%, of the total equity interests in; or ( b ) is in a position to control 5% or more, but less than 25%, of the voting power in, the designated operating entity or designated equity interest holder, as the case may be; [Act 20 of 2024 wef 01/04/2025] “25% controller”, in relation to a designated operating entity or designated equity interest holder, means a person who, alone or together with the person’s associates — ( a ) holds 25% or more, but less than 50%, of the total equity interests in; or ( b ) is in a position to control 25% or more, but less than 50%, of the voting power in, the designated operating entity or designated equity interest holder, as the case may be; [Act 20 of 2024 wef 01/04/2025] “50% controller”, in relation to a designated operating entity or designated equity interest holder, means a person who, alone or together with the person’s associates — ( a ) holds 50% or more, but less than 75%, of the total equity interests in; or ( b ) is in a position to control 50% or more, but less than 75%, of the voting power in, the designated operating entity or designated equity interest holder, as the case may be; [Act 20 of 2024 wef 01/04/2025] “75% controller”, in relation to a designated operating entity or designated equity interest holder, means a person who, alone or together with the person’s associates — ( a ) holds 75% or more of the total equity interests in; or ( b ) is in a position to control 75% or more of the voting power in, the designated operating entity or designated equity interest holder, as the case may be; [Act 20 of 2024 wef 01/04/2025] “acquisition” includes an agreement to acquire, but does not include — ( a ) an acquisition by will or by operation of law; or ( b ) an acquisition by way of enforcement of a loan security; “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “business trust” has the meaning given by section 2 of the Business Trusts Act 2004; “chief executive officer”, in relation to a designated entity or the trustee-manager of a designated entity, means an individual (by whatever name called) who — ( a ) is in the direct employment of, or acting for or by arrangement with, the designated entity or trustee-manager, as the case may be; and ( b ) is principally responsible for the management and conduct of the business of the designated entity or trustee-manager, as the case may be, and includes any individual for the time being performing all or any of the functions of a chief executive officer; [Act 20 of 2024 wef 01/04/2025] “commencement date” means the date of commencement of section 33 of the Transport Sector (Critical Firms) Act 2024; [Act 20 of 2024 wef 01/04/2025] “control” includes control as a result of, or by means of, any trust, agreement, arrangement, understanding or practice, whether or not having legal or equitable force and whether or not based on legal or equitable rights; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “decrease”, in relation to the holding of equity interest, includes a decrease to a point of nil; “Depository” has the meaning given by section 81SF of the Securities and Futures Act 2001; [ Deleted by Act 20 of 2024 wef 01/04/2025 ] “designated entity” means a designated equity interest holder or a designated operating entity; [Act 20 of 2024 wef 01/04/2025] “designated equity interest holder” means an entity that has been designated as a designated equity interest holder under section 86D, and includes an entity that was designated as such under that section as in force immediately before the commencement date and which designation as such had not been revoked before that date; [Act 20 of 2024 wef 01/04/2025] [ Deleted by Act 20 of 2024 wef 01/04/2025 ] “designated operating entity” means — ( a ) an entity that has been designated as a designated operating entity under section 86D on or after the commencement date; or ( b ) an entity that was designated as a designated public licensee or designated business trust under section 86D as in force immediately before the commencement date, and which designation as such had not been revoked before that date; [Act 20 of 2024 wef 01/04/2025] “director” has the meaning given by section 4(1) of the Companies Act 1967; “effective designation date”, in relation to a designated entity, means — ( a ) in the case of an entity that has been designated as a designated operating entity or designated equity interest holder under section 86D on or after the commencement date — the date specified under section 86D(3) on which the designation takes effect; or ( b ) in the case of a designated entity that was designated as a designated public licensee, designated business trust or designated equity interest holder under section 86D as in force immediately before the commencement date, and which designation as such had not been revoked before that date — the last day of the period of 14 days after that date; [Act 20 of 2024 wef 01/04/2025] “entity” means any sole proprietorship, partnership, corporation or other body of persons, whether corporate or unincorporate, and includes a business trust; [Act 20 of 2024 wef 01/04/2025] “equity interest” means — ( a ) in relation to a corporation — a voting share in that corporation; [Act 20 of 2024 wef 01/04/2025] ( b ) in relation to an entity other than a corporation — any right or interest, whether legal or equitable, in that entity, by whatever name called, which gives the holder of that right or interest voting power in that entity; and [Act 20 of 2024 wef 01/04/2025] ( c ) in relation to a business trust — a unit in that business trust; “essential transport service” means — ( a ) any marine services and facilities; ( b ) any port services and facilities; or ( c ) any service specified or described in the Third Schedule — (i) for, or to support, the provision of sea transport; or (ii) the provision of which by any person is prohibited under any written law unless the person is — (A) licensed, approved, authorised, permitted, recognised, registered or otherwise allowed by the Authority to provide the service; or (B) exempted for the purposes of the service; [Act 20 of 2024 wef 01/04/2025] “increase”, in relation to the holding of equity interest, includes an increase from a starting point of nil; “indirect controller”, in relation to a designated entity, means any person, whether acting alone or together with any other person, and whether with or without holding equity interests or controlling the voting power in the designated entity — ( a ) whose directions, instructions or wishes — (i) the directors or other officers of the designated entity; or (ii) the trustee-manager (in the case of a designated entity that is a business trust), is accustomed or under an obligation, whether formal or informal, to act in accordance with; or ( b ) who is in a position to determine the policy of the designated entity, but does not include — ( c ) any person who is — (i) a director or other officer of the designated entity; or (ii) the trustee-manager (in the case of a designated entity that is a business trust); or ( d ) any person whose directions, instructions or wishes — (i) the directors or other officers of the designated entity; or (ii) the trustee-manager (in the case of a designated entity that is a business trust), is accustomed to act in accordance with by reason only that the acting is on advice given by the person in that person’s professional capacity; [Act 20 of 2024 wef 01/04/2025] “licensed service” means a service or facility provided under a licence issued by the Authority under any written law; [Act 20 of 2024 wef 01/04/2025] “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “liquidator” includes the Official Receiver when acting as the liquidator of a corporation; “officer”, in relation to a corporation, includes — ( a ) a director or secretary of, or a person employed in an executive capacity by, the corporation; ( b ) any receiver or manager, or any receiver and manager, of any part of the undertaking of the corporation, appointed under a power contained in any instrument or by the General Division of the High Court or by the creditors; ( c ) any liquidator of the corporation appointed in a voluntary winding up or by the General Division of the High Court or by the creditors; and ( d ) any judicial manager of the corporation appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018; “Official Receiver” has the meaning given by section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018; “related corporation”, in relation to a corporation, means another corporation that is deemed under section 86C(2) to be related to that corporation; “share”, in relation to a corporation, means a share in the share capital of the corporation and includes stock into which all or any of the share capital of the corporation has been converted; “treasury share” has the meaning given by section 4(1) of the Companies Act 1967; “trustee‑manager” has the meaning given by section 2 of the Business Trusts Act 2004; “unit” has the meaning given by section 2 of the Business Trusts Act 2004; “unitholder” means a person who holds units in a business trust; [Act 20 of 2024 wef 01/04/2025] “voting share” has the meaning given by section 4(1) of the Companies Act 1967 but does not include a treasury share. [40/2017; 40/2018; 40/2019] [Act 20 of 2024 wef 01/04/2025] (2) A reference in this Part to the control of a percentage of the voting power in a designated entity is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in — ( a ) a general meeting of the designated entity; or ( b ) in the case of a designated entity that is a business trust — a general meeting of the unitholders of the business trust. [Act 20 of 2024 wef 01/04/2025] (3) In ascertaining a person’s control of the percentage of the total number of votes that might be cast at a general meeting mentioned in subsection (2), the number of votes that the person is entitled to cast at the meeting by reason of having been appointed a proxy or representative to vote at the meeting is to be disregarded. [40/2017] (4) In this Part — ( a ) a reference to a chairperson of a board of directors includes an individual (by whatever name called) acting in that capacity; ( b ) a reference to the business or operations of an entity that is a business trust is to the business or operations (as the case may be) carried on by the trustee-manager of the business trust on behalf of the business trust; and ( c ) a reference to a condition imposed by the Authority includes a condition added or varied by the Authority. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86B
chapter: PART 12A - CONTROL OF
section: 86B
title: What holding an equity interest means
content:
86B. —(1) In this Part, a person holds an equity interest if the person — ( a ) has or is deemed to have an equity interest in accordance with subsections (2) to (8); or [Act 20 of 2024 wef 01/04/2025] ( b ) otherwise has a legal or equitable interest in that equity interest, except for any interest prescribed under section 119 as an interest that is to be disregarded. [40/2017] (2) Subject to subsection (3), a person has an equity interest if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, that equity interest. [40/2017] (3) It is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, the equity interest mentioned in subsection (2) is, or is capable of being made, subject to restraint or restriction. [40/2017] (4) It is immaterial, for the purposes of determining whether a person has an equity interest, that the interest cannot be related to a particular share, an interest or right that gives its holder voting power, or a unit of a business trust, as the case may be. [40/2017] (5) A person is deemed to have an equity interest if — ( a ) any property held in trust consists of or includes the equity interest; and ( b ) the person knows, or has reasonable grounds for believing, that the person has an interest under that trust. [40/2017] (6) A person is also deemed to have an equity interest if that person — ( a ) has entered into a contract to purchase the equity interest; ( b ) has a right, otherwise than by reason of having an interest under a trust, to have the equity interest transferred to (or to the order of) that person, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; ( c ) has the right to acquire the equity interest under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; or ( d ) is entitled (otherwise than by reason of having been appointed a proxy or representative) to vote at — (i) a general meeting of the designated entity; or (ii) in the case of a designated entity that is a business trust — a general meeting of the unitholders of the business trust, to exercise or control the exercise of a right attached to the equity interest, not being an equity interest in which that person has a legal or equitable interest. [40/2017] [Act 20 of 2024 wef 01/04/2025] (7) A person is not to be deemed as not having an equity interest by reason only that the person has the equity interest jointly with another person. [40/2017] (8) An equity interest is not to be disregarded by reason only of — ( a ) its remoteness; ( b ) the manner in which it arose; or ( c ) the fact that the exercise of a right conferred by the equity interest is, or is capable of being made, subject to restraint or restriction. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86C
chapter: PART 12A - CONTROL OF
section: 86C
title: Meanings of “associate”, “related corporation”, “subsidiary” and “holding company”
content:
86C. —(1) In this Part, a person ( A ) is an associate of another person ( B ) if — ( a ) A is the spouse, or a parent, step‑parent or remoter lineal ancestor, or a son, stepson, daughter, stepdaughter or remoter issue, or a brother or sister, of B ; ( b ) A is a partner of B in a partnership or limited liability partnership; ( c ) A is a corporation of which B is an officer; ( d ) B is a corporation of which A is an officer; ( e ) A and B are officers of the same corporation; ( f ) A is an employee of B ; ( g ) B is an employee of A ; ( h ) A and B are employees of the same employer; ( i ) A is the trustee of a discretionary trust where B (or another person who is an associate of B by virtue of any paragraph, except this paragraph and paragraphs ( j ) and ( r ) of this subsection) benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed entities or trusts; ( j ) B is the trustee of a discretionary trust where A (or another person who is an associate of A by virtue of any paragraph, except this paragraph and paragraphs ( i ) and ( r ) of this subsection) benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed entities or trusts; ( k ) A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, where B is a corporation, of the directors of B ; ( l ) B is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A ; ( m ) A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, where B is a corporation, of the directors of B ; ( n ) B is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A ; ( o ) A is a related corporation of B ; ( p ) A is a corporation in which B , alone or together with other associates of B as described in paragraphs ( b ) to ( o ), is in a position to control at least 20% of the voting power in A ; ( q ) B is a corporation in which A , alone or together with other associates of A as described in paragraphs ( b ) to ( o ), is in a position to control at least 20% of the voting power in B ; [Act 20 of 2024 wef 01/04/2025] ( r ) A is a person with whom B enters, or proposes to enter, into an agreement or arrangement (whether oral or in writing and whether express or implied) that relates to any of the following matters: (i) A and B being in a position, by acting together, to control any of the voting power in a designated entity; (ii) A and B acting together with respect to the acquisition, holding or disposal of equity interests or other interests in a designated entity; (iii) the power of A and B , by acting together, to appoint or remove — (A) a director of a designated entity; or (B) in the case of a designated entity that is a business trust — a director of the trustee‑manager of the designated entity; (iv) the situation where one or more of the directors of — (A) a designated entity; or (B) in the case of an entity that is a business trust — the trustee-manager of the business trust, are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of A and B acting together; [Act 20 of 2024 wef 01/04/2025] ( s ) A controls more than half of the voting power of a holding company of B ; [Act 20 of 2024 wef 01/04/2025] ( t ) B controls more than half of the voting power of a holding company of A ; or [Act 20 of 2024 wef 01/04/2025] ( u ) A is related to B in such other manner as may be prescribed by regulations made under section 119. [40/2017] [Act 20 of 2024 wef 01/04/2025] (2) A corporation ( A ) and another corporation ( B ) are deemed to be related to each other for the purposes of this section where A is — ( a ) the holding company of B ; ( b ) a subsidiary of B ; or ( c ) a subsidiary of the holding company of B . [40/2017] (3) For the purposes of subsection (2), a corporation ( A ) is, subject to subsection (5), deemed to be a subsidiary of another corporation ( B ) if — ( a ) B controls the composition of the board of directors of A ; ( b ) B controls more than half of the voting power of A ; or ( c ) A is a subsidiary of any corporation which is B ’s subsidiary. [40/2017] (4) For the purposes of subsection (3), the composition of A ’s board of directors is deemed to be controlled by B if B , by the exercise of a power exercisable by it without the consent or concurrence of any other person, can appoint or remove all or a majority of the directors, and for the purposes of this provision, B is deemed to have power to make such an appointment if — ( a ) a person cannot be appointed as a director without the exercise in the person’s favour by B of such a power; or ( b ) a person’s appointment as a director follows necessarily from that person being a director or other officer of B . [40/2017] (5) In determining whether one corporation ( A ) is the subsidiary of another corporation ( B ) — ( a ) any shares held or power exercisable by B in a fiduciary capacity is treated as not held or exercisable by B ; ( b ) subject to paragraphs ( c ) and ( d ), any shares held or power exercisable — (i) by any person as a nominee for B (except where B is concerned only in a fiduciary capacity); or (ii) by, or by a nominee for, a subsidiary of B , not being a subsidiary which is concerned only in a fiduciary capacity, is to be treated as being held or exercisable by B ; ( c ) any shares held or power exercisable by any person by virtue of the provisions of any debentures of A , or of a trust deed for securing any issue of such debentures, is to be disregarded; and ( d ) any shares held or power exercisable by, or by a nominee for, B or its subsidiary (not being held or exercisable as mentioned in paragraph ( c )) is to be treated as not held or exercisable by B if the ordinary business of B or its subsidiary (as the case may be) includes the lending of money and the shares are so held or power is so exercisable by way of security only for the purposes of a transaction entered into in the ordinary course of that business. [40/2017] (6) A reference in this section to the holding company of a corporation is a reference to a corporation of which the last mentioned corporation is a subsidiary. [40/2017] (7) For the purposes of this section, the Depository is not to be regarded as a holding company of a corporation by reason only of the shares it holds in that corporation as a bare trustee. [40/2017] (8) The Authority may, with the approval of the Minister, make regulations prescribing that any person or class of persons is not an associate of another person for the purposes of any provision of this Part. [40/2017] (9) In this section, “officer”, in relation to a corporation, means a director or secretary of, or any person employed in an executive capacity by, the corporation. [40/2017] [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86D
chapter: PART 12A - CONTROL OF
section: 86D
title: Designation of designated operating entities and designated equity interest holders
content:
86D. —(1) The Authority may by notification in the Gazette — ( a ) designate an entity that provides any essential transport service in Singapore, or any business trust through which any essential transport service is provided in Singapore, as a designated operating entity; or ( b ) designate an entity that holds any equity interest in a designated operating entity as a designated equity interest holder, if the Authority considers that the designation is necessary in the public interest. (2) The Authority must inform the Minister of the Authority’s decision to designate an entity before publishing the notification under subsection (1) but the failure to do so does not invalidate the designation. (3) The notification under subsection (1) — ( a ) must specify the date on which the designation as a designated operating entity or designated equity interest holder (as the case may be) takes effect; and ( b ) must be published in the Gazette at least 14 days before the date that the designation takes effect. (4) The Authority may by notification in the Gazette cancel a designation at any time. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86E
chapter: PART 12A - CONTROL OF
section: 86E
title: Notice to Authority by 5% controller
content:
86E. —(1) If a person becomes a 5% controller of a designated entity on or after the effective designation date as a result of an increase in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, that person must within 7 days after becoming the 5% controller give written notice to the Authority of that fact. [Act 20 of 2024 wef 01/04/2025] (2) Any person who contravenes subsection (1) shall be guilty of an offence. [40/2017] (3) In any proceedings for an offence in relation to a contravention of subsection (1), it is a defence for the accused to prove that the accused — ( a ) was not aware of the contravention when it occurred; and ( b ) notified the Authority of the contravention within a period of 14 days after becoming aware of the contravention. [40/2017] (4) In any proceedings for an offence in relation to a contravention of subsection (1), it is also a defence for the accused to prove that, though the accused was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated operating entity or designated equity interest holder, as the case may be; [Act 20 of 2024 wef 01/04/2025] ( b ) the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated operating entity or designated equity interest holder, as the case may be; and [Act 20 of 2024 wef 01/04/2025] ( c ) the accused notified the Authority of the contravention within a period of 7 days after the contravention. [40/2017] (5) Except as provided in subsections (3) and (4), it is not a defence in any proceedings for an offence in relation to a contravention of subsection (1) to prove that the accused did not intend to or did not knowingly contravene subsection (1). [40/2017]


document_id: mpasa-1996
provision_ref: s86F
chapter: PART 12A - CONTROL OF
section: 86F
title: Approvals of Authority in relation to equity interests and control of voting power in certain cases
content:
86F. —(1) Except with the prior written approval of the Authority, a person must not — ( a ) as a result of an increase in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, become a 25% controller, 50% controller or 75% controller of a designated entity on or after the effective designation date; or ( b ) as a result of a decrease in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, cease to be a 25% controller, 50% controller or 75% controller of a designated entity on or after the effective designation date. [Act 20 of 2024 wef 01/04/2025] (2) Subsection (1) does not apply if the transaction through which a person becomes a 25% controller, 50% controller or 75% controller, or ceases to be a 25% controller, 50% controller or 75% controller, is entered into before the effective designation date. [Act 20 of 2024 wef 01/04/2025] (3) A person must not become an indirect controller of a designated entity on or after the effective designation date unless the person has obtained the prior written approval of the Authority. [Act 20 of 2024 wef 01/04/2025] (4) The Authority may approve an application under subsection (1)( a ) or (3) if the Authority is satisfied that — ( a ) the person who is to become a 25% controller, 50% controller, 75% controller or indirect controller of a designated entity and every associate of that person known to the Authority, are fit and proper persons; ( b ) in the case where any of the essential transport services provided by the following (whichever is applicable) is a licensed service — the provision of the service by the same will continue to be reliable, efficient, economical and safe (with reference to recognised international standards and any applicable conditions of licence, directions, codes or standards issued or set by the Authority): (i) the designated operating entity of which the person is to become a 25% controller, 50% controller, 75% controller or indirect controller; (ii) the trustee-manager of the designated operating entity of which the person is to become a 25% controller, 50% controller, 75% controller or indirect controller; (iii) in the case where the person is to become a 25% controller, 50% controller, 75% controller or indirect controller of a designated equity interest holder — the designated operating entity, or the trustee-manager of the designated operating entity, in relation to which the designated equity interest holder is so designated; ( c ) having regard to the influence of the person mentioned in paragraph ( a ) and every associate of that person known to the Authority, the following requirements are met: (i) if the designated entity is a designated operating entity — the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; (ii) if the designated entity is a designated equity interest holder — (A) the designated operating entity in respect of which the designated equity interest holder is so designated or, if that designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; and (B) the designated equity interest holder or, if the designated equity interest holder is a business trust, its trustee-manager, will continue to comply with the provisions of this Act; and ( d ) it is in the public interest to do so. [Act 20 of 2024 wef 01/04/2025] (5) The Authority may approve an application under subsection (1)( b ) if the Authority is satisfied that — ( a ) in the case where any of the essential transport services provided by the following (whichever is applicable) is a licensed service — the provision of the service by the same will continue to be reliable, efficient, economical and safe (with reference to recognised international standards and any applicable conditions of licence, directions, codes or standards issued or set by the Authority): (i) the designated operating entity of which the person is a 25% controller, 50% controller or 75% controller; (ii) the trustee-manager of the designated operating entity of which the person is a 25% controller, 50% controller or 75% controller; (iii) in the case where the person is a 25% controller, 50% controller or 75% controller of a designated equity interest holder — the designated operating entity, or the trustee-manager of the designated operating entity, in relation to which the designated equity interest holder is so designated; ( b ) in the case where the person is a 25% controller, 50% controller or 75% controller of a designated operating entity — the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; ( c ) in the case where the person is a 25% controller, 50% controller or 75% controller of a designated equity interest holder — (i) the designated operating entity in respect of which the designated equity interest holder is so designated or, if that designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; and (ii) the designated equity interest holder or, if the designated equity interest holder is a business trust, its trustee-manager, will continue to comply with the provisions of this Act; and ( d ) it is in the public interest to do so. [Act 20 of 2024 wef 01/04/2025] (6) The Authority may — ( a ) grant an approval under this section subject to any conditions that the Authority considers appropriate to impose; and ( b ) at any time add to, vary or revoke any condition so imposed. [Act 20 of 2024 wef 01/04/2025] (7) Any condition imposed by the Authority under subsection (6) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution of the designated operating entity or designated equity interest holder in relation to which the application for approval under subsection (1) or (3) is made. [40/2017] [Act 20 of 2024 wef 01/04/2025] (8) [ Deleted by Act 20 of 2024 wef 01/04/2025 ] (9) Any person who contravenes subsection (1) or (3), or who fails to comply with any condition imposed under subsection (6), shall be guilty of an offence. [40/2017] [Act 20 of 2024 wef 01/04/2025] (10) In any proceedings for an offence in relation to a contravention of subsection (1), it is a defence for the accused to prove that — ( a ) the accused was not aware of the contravention when it occurred; ( b ) the accused notified the Authority of the contravention within a period of 14 days after becoming aware of the contravention; and ( c ) where the Authority issued any direction under section 86G relating to the contravention — (i) the accused complied with the direction within the period determined by the Authority under that section; or (ii) the period determined by the Authority under that section for compliance with the direction has not expired. [40/2017] [Act 20 of 2024 wef 01/04/2025] (11) In any proceedings for an offence in relation to a contravention of subsection (1), it is also a defence for the accused to prove that even though the accused was aware of the contravention — ( a ) the contravention occurred as a result of an increase or decrease in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated operating entity or designated equity interest holder, as the case may be; [Act 20 of 2024 wef 01/04/2025] ( b ) the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated operating entity or designated equity interest holder, as the case may be; [Act 20 of 2024 wef 01/04/2025] ( c ) the accused notified the Authority of the contravention within a period of 7 days after the contravention; and ( d ) where the Authority issued any direction under section 86G relating to the contravention — (i) the accused complied with the direction within the period determined by the Authority under that section; or (ii) the period determined by the Authority under that section for compliance with the direction has not expired. [40/2017] [Act 20 of 2024 wef 01/04/2025] (12) In any proceedings for an offence in relation to a contravention of subsection (3), it is a defence for the accused to prove that — ( a ) the accused was not aware of the contravention when it occurred; ( b ) the accused notified the Authority of the contravention within a period of 14 days after the contravention; and ( c ) where the Authority issued any direction under section 86G relating to the contravention — (i) the accused complied with the direction within the period determined by the Authority under that section; or (ii) the period determined by the Authority under that section for compliance with the direction has not expired. [40/2017] [Act 20 of 2024 wef 01/04/2025] (13) Except as provided in subsections (10), (11) and (12), it is not a defence in any proceedings for an offence in relation to a contravention of subsection (1) or (3) to prove that the accused did not intend to or did not knowingly contravene subsection (1) or (3), as the case may be. [40/2017]


document_id: mpasa-1996
provision_ref: s86FA
chapter: PART 12A - CONTROL OF
section: 86FA
title: Appointment of chief executive officer, chairperson, director, etc., of designated entity
content:
86FA. —(1) A licensee-designated operating entity or, in the case of a licensee-designated operating entity that is a business trust, its trustee-manager, must not, on or after the effective designation date, appoint an individual as its chief executive officer, the chairperson of its board of directors or any of its directors, unless the licensee-designated operating entity or its trustee-manager (as the case may be) has obtained the prior written approval of the Authority. (2) Each of the following persons must not, on or after the effective designation date, appoint an individual as its chief executive officer or the chairperson of its board of directors unless the person has obtained the prior written permission of the Authority: ( a ) a non-licensee-designated operating entity or, in the case of a non-licensee-designated operating entity that is a business trust, its trustee-manager; ( b ) a designated equity interest holder or, in the case of a designated equity interest holder that is a business trust, its trustee-manager. (3) A person must not, on or after the effective designation date, be appointed as a manager of, or become a partner in, a limited liability partnership that is a designated entity unless the designated entity has obtained the prior written approval of the Authority. (4) A person must not, on or after the effective designation date, become a partner in a partnership that is a designated entity unless the person has obtained the prior written approval of the Authority. (5) The Authority may — ( a ) grant an approval under this section subject to any conditions that the Authority considers appropriate to impose; and ( b ) at any time add to, vary or revoke any condition so imposed. (6) Any person who contravenes subsection (1), (2), (3) or (4), or who fails to comply with any condition imposed under subsection (5), shall be guilty of an offence. (7) This section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated entity or the trustee-manager of the designated entity in relation to which the application for approval under subsection (1), (2), (3) or (4) is made. (8) In this section — ( a ) a reference to a “licensee-designated operating entity” is to a designated operating entity that is also — (i) the holder of a licence to provide any licensed service that is an essential transport service; or (ii) a business trust through which a trustee-manager provides any licensed service that is an essential transport service; and ( b ) a reference to a “non-licensee-designated operating entity” is to a designated operating entity that is not a licensee-designated operating entity. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86FB
chapter: PART 12A - CONTROL OF
section: 86FB
title: Acquisition of business of designated operating entity as going concern
content:
86FB. —(1) A person must not, on or after the effective designation date, acquire as a going concern, a designated operating entity’s business of providing any essential transport service (or any part of such business) unless — ( a ) the person; and ( b ) the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, have obtained the prior written approval of the Authority. (2) An application for the Authority’s approval under subsection (1) must be — ( a ) made jointly by the persons mentioned in subsection (1)( a ) and ( b ); and ( b ) made in such form and manner as the Authority may specify. (3) The Authority may approve an application under subsection (1) if the Authority is satisfied that — ( a ) the person acquiring the business or part is a fit and proper person; ( b ) where any of the essential transport service mentioned in subsection (1) is a licensed service — after the acquisition, the provision of the essential transport service will continue to be reliable, efficient, economical and safe (with reference to recognised international standards and any applicable conditions of licence, directions, codes or standards issued or set by the Authority); ( c ) in the case where after the acquisition, the designated operating entity continues to carry out part of the business mentioned in subsection (1) — the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; and ( d ) it is in the public interest to do so. (4) The Authority may — ( a ) grant an approval under this section subject to any conditions that the Authority considers appropriate to impose; and ( b ) at any time add to, vary or revoke any condition so imposed. (5) This section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated operating entity. (6) Any person who contravenes subsection (1), or who fails to comply with any condition imposed under subsection (4), shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86FC
chapter: PART 12A - CONTROL OF
section: 86FC
title: Occurrence of certain events
content:
86FC. —(1) A designated entity or, in the case of a designated entity that is a business trust, its trustee-manager, must notify the Authority of any of the following agreements at least 14 days before entering into the agreement: ( a ) in the case of a designated entity that is a designated operating entity — an agreement for the outsourcing of a material function performed by the designated operating entity in the provision of any essential transport service; ( b ) any agreement prescribed under section 119. (2) Subsection (1) does not apply in relation to any agreement entered into by a designated entity before the expiry of 14 days after the effective designation date. (3) A designated entity or, in the case of a designated entity that is a business trust, its trustee-manager, must notify the Authority of the occurrence of any of the following events within 7 days after becoming aware of the occurrence: ( a ) in the case of a designated entity that is a designated operating entity — (i) any civil or criminal proceedings (whether in Singapore or elsewhere) instituted against the designated entity or, if the designated entity is a business trust, its trustee-manager, that materially impedes or impairs the operations of the designated entity carried out in the course of providing any essential transport service; or (ii) any other event or any irregularity that materially impedes or impairs the operations of the designated entity carried out in the course of providing any essential transport service; ( b ) the designated entity or, if the designated entity is a business trust, its trustee-manager, being or becoming, or being likely to become, insolvent; ( c ) the designated entity or, if the designated entity is a business trust, its trustee-manager — (i) being wound up or subject to any receivership or judicial management order; or (ii) entering into a compromise or scheme of arrangement; ( d ) in the case of a designated entity that is a business trust — the business trust being wound up or deregistered or the making of an application for the deregistration of the business trust; ( e ) any other event prescribed under section 119. (4) Subsection (3) does not apply where the designated entity or trustee-manager (as the case may be) becomes aware of the occurrence of the event before the effective designation date. (5) The Authority may, upon receiving a notification under subsection (1) or (3) in relation to an agreement or the occurrence of an event, direct the designated entity or trustee-manager in question to submit to the Authority any information or document relating to the agreement or event within the period specified by the Authority. (6) Any person who — ( a ) contravenes subsection (1) or (3); ( b ) fails to comply with a direction of the Authority under subsection (5); or ( c ) submits any false or misleading information or document in compliance or purported compliance with a direction of the Authority under subsection (5), shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86FD
chapter: PART 12A - CONTROL OF
section: 86FD
title:
Duty of designated entity or trustee-manager to report changes of equity and control of certain persons

content:
86FD. —(1) If a designated entity or, in the case of a designated entity that is a business trust, its trustee-manager, becomes aware that — ( a ) a person has, on or after the effective designation date, become a 5% controller, 25% controller, 50% controller or 75% controller of the designated entity; ( b ) a 25% controller, 50% controller or 75% controller of the designated entity has, on or after the effective designation date, ceased to be a 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity; ( c ) a person has, on or after the effective designation date, become an indirect controller of the designated entity; or ( d ) in a case where the designated entity is a designated operating entity — a person has, on or after the effective designation date, acquired as a going concern, the designated operating entity’s business of providing any essential transport service (or any part of such business), the designated entity or trustee-manager (as the case may be) must inform the Authority in writing within 7 days after becoming aware of that fact. (2) Any person who contravenes subsection (1) shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86G
chapter: PART 12A - CONTROL OF
section: 86G
title: Remedial directions relating to section 86F
content:
86G. —(1) Subsection (2), (3) or (4) applies if — ( a ) the Authority is satisfied that a person (called in this section a defaulter) — (i) has contravened section 86F(1) or (3) or failed to comply with a condition imposed on that person under section 86F(6); or (ii) has provided false or misleading information or documents in connection with an application for approval under section 86F(1) or (3); or ( b ) the Authority would not have granted its approval under section 86F(1) or (3) had it been aware, at the time of approval, of circumstances relevant to a defaulter’s application for such approval. [Act 20 of 2024 wef 01/04/2025] (2) Where a defaulter is a 25% controller, 50% controller or 75% controller of a designated operating entity or designated equity interest holder, the Authority may do any one or more of the following: ( a ) direct the defaulter to take such steps as are necessary, within the period specified by the Authority, to cease to be a 25% controller, 50% controller or 75% controller (as the case may be) of the designated operating entity or designated equity interest holder, as the case may be; [Act 20 of 2024 wef 01/04/2025] ( b ) direct the transfer or disposal of all or any of the equity interest in the designated operating entity or designated equity interest holder (as the case may be) held by the defaulter or any of the defaulter’s associates (called in this section and section 86H the specified equity interest), within such time and subject to such conditions as the Authority considers appropriate; [Act 20 of 2024 wef 01/04/2025] ( c ) restrict or prohibit the transfer or disposal of all or any of the specified equity interest, subject to any conditions that the Authority considers appropriate; [Act 20 of 2024 wef 01/04/2025] ( d ) make any other direction that the Authority considers appropriate. [40/2017] [Act 20 of 2024 wef 01/04/2025] (3) Where, as a result of a person (called in this subsection the transferee) acquiring any equity interest from a defaulter who is a 25% controller, 50% controller or 75% controller of a designated operating entity or designated equity interest holder (called in this section and section 86H the specified acquired equity interest), the defaulter ceases to be a 25% controller, 50% controller or 75% controller (as the case may be) the Authority may do any one or more of the following: ( a ) direct the transferee to take such steps as are necessary, within the period specified by the Authority, to cease to hold all or any of the specified acquired equity interest; ( b ) direct the defaulter to take such steps as are necessary within the period specified by the Authority, to resume being a 25% controller, 50% controller or 75% controller, as the case may be; [Act 20 of 2024 wef 01/04/2025] ( c ) direct the acquisition, transfer or disposal of all or any of the specified acquired equity interest within such time and subject to such conditions as the Authority considers appropriate; ( d ) restrict or prohibit the transfer or disposal of all or any of the specified acquired equity interest, subject to any conditions that the Authority considers appropriate; [Act 20 of 2024 wef 01/04/2025] ( e ) make any other direction that the Authority considers appropriate. [40/2017] [Act 20 of 2024 wef 01/04/2025] (4) Where a defaulter is an indirect controller of a designated operating entity or designated equity interest holder, the Authority may do one or both of the following: ( a ) direct the defaulter, or direct the designated public licensee, the trustee‑manager of the designated business trust, or the designated equity interest holder (as the case may be) to take such steps as are necessary, within the period specified by the Authority, to cease to be such an indirect controller or to cause the defaulter to cease to be such an indirect controller; ( b ) make any other direction that the Authority considers appropriate. [40/2017] [Act 20 of 2024 wef 01/04/2025] (5) [ Deleted by Act 20 of 2024 wef 01/04/2025 ] (6) [ Deleted by Act 20 of 2024 wef 01/04/2025 ] (7) [ Deleted by Act 20 of 2024 wef 01/04/2025 ] (8) [ Deleted by Act 20 of 2024 wef 01/04/2025 ] (9) [ Deleted by Act 20 of 2024 wef 01/04/2025 ]


document_id: mpasa-1996
provision_ref: s86H
chapter: PART 12A - CONTROL OF
section: 86H
title: Effect of remedial directions issued under section 86G, etc.
content:
86H. —(1) Any direction issued to a person, and any condition imposed, under section 86G(2) or (3) take effect, despite — ( a ) any other written law; [Act 20 of 2024 wef 01/04/2025] ( b ) anything in any listing rules as defined in section 2(1) of the Securities and Futures Act 2001; and ( c ) the provisions of the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution of the designated operating entity or designated equity interest holder in question. [40/2017] [Act 20 of 2024 wef 01/04/2025] (2) Without affecting subsection (1), where any direction is issued under section 86G(2) or (3), then, until the direction is carried out or is suspended or revoked — ( a ) the voting rights in respect of the specified equity interest or specified acquired equity interest that is subject to the direction, are not exercisable unless the Authority expressly permits those rights to be exercised; ( b ) the voting power that the person to whom the direction is issued controls, whether alone or together with that person’s associates, in the designated operating entity or designated equity interest holder (as the case may be) is not exercisable unless the Authority expressly permits that power to be exercised; [Act 20 of 2024 wef 01/04/2025] ( c ) no equity interest in the designated operating entity or designated equity interest holder is to be issued or offered (whether by way of dividends or otherwise) in respect of the specified equity interest or specified acquired equity interest that is subject to the direction, unless the Authority expressly permits that issue or offer; and [Act 20 of 2024 wef 01/04/2025] ( d ) no amount may be paid (whether by way of profits, income or otherwise) in respect of the specified equity interest or specified acquired equity interest that is subject to the direction, unless the Authority expressly authorises such payment. [40/2017] (3) Subsection (2)( d ) does not apply in the event of the winding up, dissolution, termination or deregistration of the designated operating entity or designated equity interest holder, as the case may be. [40/2017] [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86HA
chapter: PART 12A - CONTROL OF
section: 86HA
title: Remedial directions relating to section 86FA
content:
86HA. —(1) Subsection (2) applies where — ( a ) an individual has been appointed in contravention of section 86FA(1) or (2), or a person has been appointed as a manager of or becomes a partner in a designated entity in contravention of section 86FA(3) or (4); ( b ) any condition of approval imposed under section 86FA(5) has not been complied with; ( c ) any of the following persons has provided false or misleading information or documents to the Authority in connection with an application for approval under section 86FA(1), (2), (3) or (4): (i) a designated entity; (ii) the trustee-manager of a designated entity; (iii) the person mentioned in section 86FA(4); or ( d ) the Authority would not have granted its approval under section 86FA(1), (2), (3) or (4) had it been aware, at the time of approval, of circumstances relevant to a person’s application for such approval. (2) The Authority may issue a direction to the designated entity or trustee-manager (as the case may be) to do as follows (whichever is applicable): ( a ) remove the individual as the chief executive officer, the chairperson of the board of directors or a director of the designated entity or trustee-manager, as the case may be; ( b ) remove the person as a manager of or partner in the designated entity. (3) A direction issued under this section (including a direction varied under section 86HC(2)) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated entity or trustee-manager in question. (4) Nothing in subsection (2) is to be taken as depriving a person who is removed under that subsection of compensation or damages payable to the person in respect of the termination of his or her appointment as the chief executive officer, the chairperson of the board of directors, a director, or the person’s removal as a manager or partner. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86HB
chapter: PART 12A - CONTROL OF
section: 86HB
title: Remedial directions relating to section 86FB
content:
86HB. —(1) Subsection (2) applies where — ( a ) a person has contravened section 86FB(1); or ( b ) where the Authority has granted its approval under section 86FB(1) — (i) any condition of approval imposed under section 86FB(4) has not been complied with; (ii) either of the joint applicants mentioned in section 86FB(1)( a ) or ( b ) has provided false or misleading information or documents to the Authority in connection with the application for the approval; or (iii) the Authority would not have granted its approval under section 86FB(1) had it been aware, at the time of approval, of circumstances relevant to the application for such approval. (2) The Authority may — ( a ) direct the person who has acquired as a going concern the business or part of the business mentioned in section 86FB(1) to transfer or dispose of all or any part of the business within such time and subject to such conditions as the Authority considers appropriate; ( b ) prohibit or restrict the transfer or disposal of all or any part of the business; or ( c ) issue any other direction that the Authority considers appropriate. (3) A direction issued under this section (including a direction varied under section 86HC(2)) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated operating entity in question. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86HC
chapter: PART 12A - CONTROL OF
section: 86HC
title: Other provisions relating to remedial directions
content:
86HC. —(1) Before issuing any direction to a person under section 86G, 86HA or 86HB, the Authority must — ( a ) unless the Authority decides that it is not practicable or desirable to do so, give the person written notice of the Authority’s intention to issue the direction and specify a date by which the person may make written representations with regard to the direction; and ( b ) consider every written representation from the person received on or before the specified date mentioned in paragraph ( a ). (2) The Authority may, at any time, revoke, vary or discharge, or suspend the operation of, any direction given by it under section 86G, 86HA or 86HB. (3) Any person who fails to comply with a direction issued by the Authority under section 86G, 86HA or 86HB (including a direction that is varied under subsection (2)) within the period specified by the Authority shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86HD
chapter: PART 12A - CONTROL OF
section: 86HD
title: Appeals to Minister under this Part
content:
86HD. —(1) Any person who is aggrieved by a decision of the Authority — ( a ) to designate an entity under section 86D; ( b ) to refuse to grant an approval required under section 86F, 86FA or 86FB; ( c ) to impose, add to or vary any condition under section 86F, 86FA or 86FB; or ( d ) to issue a direction under section 86G, 86HA or 86HB or to vary a direction under section 86HC, may, within 14 days after being informed of the decision, appeal to the Minister whose decision is final. (2) An appeal against the Authority’s decision does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister, the decision appealed against must be complied with until the determination of the appeal. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86HE
chapter: PART 12A - CONTROL OF
section: 86HE
title: Designation of others to hear appeals under this Part
content:
86HE. The Minister may designate any Minister of State, Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary for his or her Ministry, to hear and determine, in the Minister’s place, any appeals or a specific appeal under section 86HD; and any reference in that section to the Minister includes a reference to the Minister of State, Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary so designated for that appeal. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s86I
chapter: PART 12A - CONTROL OF
section: 86I
title: Penalties under this Part
content:
86I. A person guilty of an offence under this Part shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. [40/2017]


document_id: mpasa-1996
provision_ref: s87
chapter: PART 13 - CONTROL OF DESIGNATED LICENSEES
section: 87
title: Interpretation of this Part
content:
87. —(1) In this Part — “business trust”, “trustee-manager” and “unitholder” have the meanings given by section 2 of the Business Trusts Act 2004; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “designated operating entity”, “entity” and “licensed service” have the meanings given by section 86A(1); “designated licensee” means a licensee that has been designated under section 88 as a designated licensee; “effective designation date”, in relation to a designated operating entity, means the date specified under section 86D(3) as the date on which the designation of that entity as a designated operating entity takes effect; “licensee” means the holder of any licence issued by the Authority under any written law; “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “relevant entity” means a designated licensee or a designated operating entity; “unregistered company” has the meaning given by section 245(1) of the Insolvency, Restructuring and Dissolution Act 2018. (2) In this Part — ( a ) a reference to the affairs, business, undertaking, operations or activities of a relevant entity that is a business trust is to the affairs, business, undertaking, operations or activities carried on by the trustee-manager of the business trust on behalf of the business trust; and ( b ) a reference to the obligations of a relevant entity that is a business trust is to the obligations undertaken by the trustee-manager of the business trust on behalf of the business trust. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s88
chapter: PART 13 - CONTROL OF DESIGNATED LICENSEES
section: 88
title: Designation of designated licensees for this Part
content:
88. The Authority may, after consultation with the Minister, by notification in the Gazette , designate a licensee that is not a designated operating entity as a designated licensee for the purposes of this Part if the Authority considers that the designation is necessary in the public interest. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s89
chapter: PART 13 - CONTROL OF DESIGNATED LICENSEES
section: 89
title: Meaning and purposes of special administration order
content:
89. —(1) A special administration order is an order of the Minister made in relation to a relevant entity in accordance with section 89A, directing that during the period the order is in force, the affairs, business and property of that entity are to be managed by a person appointed by the Minister which may be the Authority (called in this Part an appointed person) — ( a ) for securing one or more of the purposes specified in subsection (2); and ( b ) in a manner that protects the interests of the shareholders, unitholders or beneficiaries (as the case may be), and the customers and creditors, of the relevant entity. (2) For the purposes of subsection (1)( a ), the purposes are — ( a ) in the case of a relevant entity that is a designated licensee — the security and reliability of the business, undertaking or activities of the relevant entity in Singapore of providing any licensed service; ( b ) in the case of a relevant entity that is a designated operating entity — the security and reliability of the business, undertaking or activities of the relevant entity in Singapore of providing any essential transport service; ( c ) the survival of the relevant entity or the whole or any part of the business or undertaking of the relevant entity, as a going concern; ( d ) the transfer to another person, or (as respects different parts of its business or undertaking) to 2 or more different persons, as a going concern, of so much of the business or undertaking of the relevant entity as is necessary to ensure that the following may be properly carried out: (i) in the case of a relevant entity that is a designated licensee — the obligations of the entity in carrying out its business, undertaking or activities of providing any licensed service; (ii) in the case of a relevant entity that is a designated operating entity — the obligations of the entity in carrying out its business, undertaking or activities of providing any essential transport service; and ( e ) the carrying out of the obligations of the relevant entity mentioned in paragraph ( d )(i) or (ii) (whichever is applicable) pending the transfer, as a going concern, of the entity’s business, undertaking or activities mentioned in paragraph ( d )(i) or (ii) (as the case may be) to any other person or persons. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s89A
chapter: PART 13 - CONTROL OF DESIGNATED LICENSEES
section: 89A
title: Power to make special administration order and other orders
content:
89A. —(1) If, on an application made to the Minister by the Authority, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to that relevant entity, the Minister may make any one or more of the following orders: ( a ) a special administration order in relation to the relevant entity; ( b ) an order requiring — (i) the relevant entity; or (ii) in the case of a relevant entity that is a business trust — the trustee-manager of the business trust, to immediately take any action or to do or not do any act or thing where the Minister considers that the action or the doing or not doing of that act or thing is necessary for — (iii) in the case of a relevant entity that is a designated licensee — the business, undertaking or activities of the entity of providing any licensed service; or (iv) in the case of a relevant entity that is a designated operating entity — the business, undertaking or activities of the entity of providing any essential transport service; ( c ) an order appointing a person (called in this Part an advisor) to advise — (i) the relevant entity; or (ii) in the case of a relevant entity that is a business trust — the trustee-manager of the business trust, in the proper conduct of the business, undertaking or activities of the relevant entity mentioned in paragraph ( b )(iii) or (iv), whichever is applicable. (2) For the purposes of subsection (1), the grounds specified are the following: ( a ) in the case of a relevant entity that is a designated licensee — there has been, is or is likely to be a contravention by the relevant entity of the conditions of its licence or this Act that is serious enough to make it inappropriate for the entity to continue to provide the service or facility under the licence; ( b ) the Minister considers it to be in the interest of the security and reliability of the carrying on of the business, undertaking or activities of the relevant entity relating to — (i) in the case of a relevant entity that is a designated licensee — the provision of any licensed service by the entity; or (ii) in the case of a relevant entity that is a designated operating entity — the provision of any essential transport service by the entity; ( c ) the relevant entity is or is likely to be unable to pay its debts; ( d ) the Minister considers it in the public interest. (3) No special administration order may be made under this Part in relation to a relevant entity that is a designated operating entity before its effective designation date. (4) Subsection (3) does not apply in relation to a relevant entity which, immediately before its designation as a designated operating entity under section 86D, is a designated licensee. (5) Notice of any order under subsection (1) must be given immediately by the Minister to such persons and in such manner as may be determined by the Minister. (6) The Minister may make a special administration order in relation to a relevant entity despite the commencement of (as applicable) — ( a ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the relevant entity, being a corporation; ( b ) any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the relevant entity, being a corporation; ( c ) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the relevant entity, being a corporation; ( d ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the relevant entity, being a company or an unregistered company; ( e ) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of the relevant entity, being a limited liability partnership; or ( f ) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of the relevant entity, being an entity not mentioned in paragraph ( d ) or ( e ). (7) For the purposes of this section, a relevant entity is unable to pay its debts if — ( a ) a creditor (by assignment or otherwise) to whom the entity is indebted in a sum exceeding the sum mentioned in section 125(2)( a ) of the Insolvency, Restructuring and Dissolution Act 2018 then due has served on the entity, by leaving at the registered office of the entity, a written demand by the creditor or the creditor’s lawfully authorised agent requiring the entity to pay the sum so due, and the entity has for 3 weeks after the service of the demand neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor; ( b ) an enforcement order or other process issued to enforce a judgment, decree or order of any court in favour of a creditor of the entity is returned unsatisfied in whole or in part; or ( c ) it is proved to the satisfaction of the General Division of the High Court that the entity is unable to pay its debts. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s89B
chapter: PART 13 - CONTROL OF DESIGNATED LICENSEES
section: 89B
title: Ancillary directions, etc., when special administration order, etc., is made
content:
89B. —(1) A special administration order under this Part may specify that — ( a ) the appointed person has such functions and powers in relation to the operations of the relevant entity as are specified in the order; ( b ) the relevant entity or, in the case of a relevant entity that is a business trust, its trustee-manager, is to stop providing a specified service or facility from a specified date; and ( c ) the appointed person must have access to, and take control of, the property (including intellectual property), licences and employees used or required by the relevant entity or, if the relevant entity is a business trust, its trustee-manager, for the purposes of carrying on the operations of the relevant entity as are specified in the order. (2) A special administration order under this Part may also contain ancillary directions that may — ( a ) direct how the costs of the operations specified in the order and revenue generated from those operations, are to be dealt with; ( b ) fix the remuneration and expenses to be paid by the relevant entity or trustee-manager to the appointed person; ( c ) specify the period for which the order under this section applies; and ( d ) specify any other conditions that may apply. (3) An order under section 89A(1)( c ) may also contain an ancillary direction that fixes the remuneration and expenses to be paid by the relevant entity or trustee-manager to the advisor. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s89C
chapter: PART 13 - CONTROL OF DESIGNATED LICENSEES
section: 89C
title: Effect of special administration order and other orders
content:
89C. —(1) Any decision of the Minister under section 89A(1) is final. (2) A special administration order operates to the exclusion of rights that are inconsistent with the order. (3) Nothing in Part 12 or 12A applies to prohibit or invalidate any special administration order or other order made under this Part or any transaction entered into to give effect to such an order. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s89D
chapter: PART 13 - CONTROL OF DESIGNATED LICENSEES
section: 89D
title: Duties of relevant entity or trustee-manager, etc.
content:
89D. —(1) The relevant entity that is the subject of a special administration order under this Part or, in the case of such a relevant entity that is a business trust, its trustee-manager — ( a ) must facilitate the handover of the operations to the appointed person as specified in the order; ( b ) must not obstruct the appointed person’s access to property or the exercise by the appointed person of the appointed person’s responsibilities under or pursuant to the special administration order; and ( c ) must comply with reasonable directions given by the appointed person in the exercise of the appointed person’s responsibilities under or pursuant to the special administration order. (2) The relevant entity or trustee-manager which fails to comply with subsection (1) or an order under section 89A(1)( b ) shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s89E
chapter: PART 13 - CONTROL OF DESIGNATED LICENSEES
section: 89E
title: Transfer of property, etc., under special administration order made under this Part
content:
89E. —(1) Without limiting sections 89, 89A and 89B, a special administration order under this Part may provide for the following matters: ( a ) the transfer to one or more prescribed transferees (which may or may not be the appointed person) of the following (whichever is applicable): (i) the property, rights and liabilities of a relevant entity; (ii) in the case of a relevant entity that is a business trust — the property of the business trust, and the rights held and the liabilities incurred by the trustee-manager of the business trust in its capacity as trustee-manager of the business trust; ( b ) matters that are consequential or related to any such transfer. (2) If the Minister makes a special administration order providing for any matter mentioned in subsection (1), the Minister must, by notification in the Gazette , establish a scheme within the following period for determining the amount of any compensation payable by the prescribed transferee to the relevant entity or the trustee-manager or unitholders of the business trust (as the case may be) for the transfer of the property, rights and liabilities: ( a ) 6 months after the date of the making of the special administration order; ( b ) any longer period after the date of the making of the special administration order, as agreed between the prescribed transferee and the relevant entity or trustee-manager. (3) A scheme established under subsection (2) may provide for — ( a ) the manner in which any compensation or consideration is to be assessed, including methods of calculation, valuation dates and matters to be taken into account or disregarded when making valuations; ( b ) the assessment to be made by an independent valuer appointed by the Minister; and ( c ) the remuneration and expenses of the independent valuer. (4) In this section, “prescribed transferee” means the Authority or a person nominated by the Minister. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s89F
chapter: PART 13 - CONTROL OF DESIGNATED LICENSEES
section: 89F
title: Restrictions on voluntary winding up, etc., of relevant entities
content:
89F. —(1) Despite any other written law — ( a ) a relevant entity that is a corporation or limited liability partnership cannot be wound up voluntarily without the consent of the Authority; ( b ) a relevant entity that is a partnership cannot be dissolved — (i) by a partner giving notice to the other partner or partners (as the case may be) of the partner’s intention to dissolve the partnership; or (ii) by the partners agreeing to dissolve the partnership, without the consent of the Authority; ( c ) a relevant entity that is a business trust cannot be wound up voluntarily without the consent of the Authority; ( d ) a person must not make any application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a relevant entity that is a corporation, unless that person has served 14 days’ notice in writing of that person’s intention to make that application on the Authority; ( e ) no judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 may be made in relation to a relevant entity that is a corporation without the consent of the Authority; ( f ) no interim judicial manager or judicial manager may be appointed under section 94 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of a relevant entity that is a corporation without the consent of the Authority; ( g ) a person must not take any step to enforce any security over — (i) the property of a relevant entity; or (ii) in the case of a relevant entity that is a business trust — the trust property of the trust, unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority; and ( h ) a person must not take any step to execute or enforce any judgment or order of court obtained against a relevant entity unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority. (2) The Authority must be a party to — ( a ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a relevant entity that is a corporation; ( b ) any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a relevant entity that is a corporation; ( c ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a relevant entity that is a company or an unregistered company; ( d ) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of a relevant entity that is a limited liability partnership; and ( e ) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of any relevant entity that is an entity not mentioned in paragraph ( c ) or ( d ). (3) A court must, when deciding any proceedings mentioned in subsection (2), take into consideration any representations made by the Authority in those proceedings. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s89G
chapter: PART 13 - CONTROL OF DESIGNATED LICENSEES
section: 89G
title: Regulations for this Part
content:
89G. The Minister may make regulations for giving effect to this Part, including — ( a ) regulations governing the transfer of property, rights and liabilities of or in relation to a relevant entity mentioned in section 89E(1)( a ) and matters consequential or related to such transfer; and ( b ) if a special administration order is made, regulations for applying, omitting or modifying the provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s90
chapter: PART 14 - LIABILITY OF AUTHORITY
section: 90
title: Exclusion of liability of Authority
content:
90. Despite the grant of any public licence, the Authority shall not be liable in any circumstances for any injury, loss, damage or cost sustained by any person as a result of any default, negligence, breach or other wrongful act or omission of any public licensee or any agent or employee of the licensee.


document_id: mpasa-1996
provision_ref: s91
chapter: PART 14 - LIABILITY OF AUTHORITY
section: 91
title: Limitation of Authority’s liability for loss or damage to or on board any vessel
content:
91. —(1) The Authority shall not, where, without its actual fault or privity, any loss, damage or destruction is caused to any vessel or to any goods or other thing on board any vessel, be liable to damages beyond an aggregate amount not exceeding in the currency of Singapore the equivalent of 1,000 gold francs for each ton of the vessel’s tonnage. (2) For the purposes of this section — ( a ) the amount to be taken in the currency of Singapore as equivalent to 1,000 gold francs is as published in the Gazette under section 136(3) of the Merchant Shipping Act 1995 as in force before 1 May 2005; and ( b ) the tonnage of any vessel is ascertained as provided by section 136(2) of that Act, and the register of any vessel is sufficient evidence that the gross tonnage and the deduction therefrom and the registered tonnage are as stated in the register. (3) This section applies without prejudice to any limitation of liability for loss or damage which may be available to the Authority under section 136 of the Merchant Shipping Act 1995.


document_id: mpasa-1996
provision_ref: s92
chapter: PART 15 - OFFENCES
section: 92
title: Damage to property of Authority
content:
92. —(1) If any person wilfully removes, destroys or damages any property belonging to or in the custody or possession of the Authority or hinders or prevents such property from being used or hinders or prevents such property from being used or operated in the manner in which it is intended to be used or operated, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and must make good any loss, destruction or damage suffered by the Authority, including the expenses of any inspection or survey carried out by the Authority to ascertain such loss, destruction or damage. (2) Any person may apprehend any other person if the other person within his or her view commits an offence against this section and must on such apprehension, without unreasonable delay, hand the person apprehended over to a police officer.


document_id: mpasa-1996
provision_ref: s93
chapter: PART 15 - OFFENCES
section: 93
title: Unlawful operation of marine or port services or facilities
content:
93. Any person who establishes, installs, maintains, provides or operates any marine service or facility or any port service or facility without a public licence 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 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.


document_id: mpasa-1996
provision_ref: s94
chapter: PART 15 - OFFENCES
section: 94
title: Evasion of dues
content:
94. —(1) Any owner, agent or master of any vessel who, by any means, evades or attempts to evade any port dues, goods dues or pilotage dues payable under this Act 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, and shall in addition be liable to pay to the Authority as penalty double the amount of the dues the owner, agent or master evaded or attempted to evade. (2) The tender to or acceptance by the Authority or any of its officers of any dues, the payment of which has been previously evaded does not release or discharge any person from any liability for any damages or penalty consequent upon such evasion.


document_id: mpasa-1996
provision_ref: s95
chapter: PART 15 - OFFENCES
section: 95
title: Penalty for giving false information as to draught of vessel, etc.
content:
95. —(1) Any owner, agent or master of a vessel entering or leaving, or within, the port or the approaches to the port who makes any negligent misstatement or gives false information of the type of vessel, its draught, length, beam or height to the Authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. (2) In this section, “height of vessel” is the height of the vessel measured vertically from the waterline of the vessel to the highest point of the vessel including its cargo, structure or equipment on board.


document_id: mpasa-1996
provision_ref: s96
chapter: PART 15 - OFFENCES
section: 96
title: Offences in connection with safety of vessels, etc.
content:
96. Any person who — ( a ) wilfully and without lawful excuse loosens or removes, from its moorings or from its fastenings alongside any wharf or dock, any vessel in the port without leave or authority from the master or owner of the vessel or person in charge of the wharf or dock; ( b ) wilfully and without lawful excuse lifts, injures, makes a vessel fast to, loosens or sets adrift any moorings, buoys, beacons or sea or land marks; ( c ) [ Deleted by Act 3 of 2021 wef 01/07/2025 ] ( d ) graves, breams or smokes any vessel in the port, or boils or heats any pitch, tar, resin, dammar, turpentine oil or other such combustible matter on board any vessel within the port, at any time or within any limits at or within which such act is prohibited by any order of the Minister, or contrary to the orders or directions of the Port Master or the master of the vessel; ( e ) does or omits any act on board any vessel in the port which has caused or may cause fire on board the vessel; or ( f ) uses a vessel or permits a vessel to be used in the port — (i) when the vessel is in such a state that by reason of the defective condition of its hull, equipment or machinery, or by reason of undermanning or otherwise, the life of any person is likely to be endangered; (ii) when the vessel is so loaded with goods or passengers or with both goods and passengers as to — (A) exceed the number of passengers allowed by the vessel’s safety certificate to be carried or received on the vessel; and (B) submerge the appropriate subdivision load line on each side of the vessel when the vessel has no list, that is to say, the subdivision load line appropriate to the space for the time being allotted to passengers on the vessel is lower than the load line indicating the maximum depth to which the vessel is for the time being entitled under any written law to be loaded when the vessel has no list; (iii) in contravention of the regulations thus endangering the life of any person, 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.


document_id: mpasa-1996
provision_ref: s97
chapter: PART 15 - OFFENCES
section: 97
title: Penalty for obstructing Authority in performance of duties
content:
97. Any person who at any time hinders or obstructs the Authority or any of its employees, agents or contractors in the performance and execution of their duty or of anything which they are respectively empowered or required to do so by virtue or in consequence of this Act, or removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [40/2017]


document_id: mpasa-1996
provision_ref: s97A
chapter: PART 15 - OFFENCES
section: 97A
title: Power to examine and secure attendance
content:
97A. —(1) Any duly authorised officer of the Authority may do all or any of the following for the purposes of investigating into any matter under this Act: ( a ) issue a written order requiring anyone within the limits of Singapore, who appears to be acquainted with any of the facts and circumstances of the matter, to attend before any duly authorised officer of the Authority; ( b ) examine orally any person who appears to be acquainted with the facts and circumstances of the matter, and require that person to answer questions relating to the matter and posed by any duly authorised officer of the Authority, whether or not — (i) that person or any other person is charged with an offence in connection with the matter; and (ii) that person is to be called as a witness in any inquiry, trial or other proceeding in connection with the matter; ( c ) require any person to provide to any duly authorised officer of the Authority any information or document in the possession of that person in connection with the matter; ( d ) without payment, inspect, keep, copy or take extracts from any document mentioned in paragraph ( c ). [40/2017] (2) A person examined under subsection (1)( b ) is bound to state truly what the person knows of the facts and circumstances concerning the matter in question, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture. [40/2017] (3) A statement made by any person examined under this section must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted to the person in a language that the person understands; and ( d ) after correction, if necessary, be signed by the person. [40/2017] (4) If any person fails to attend as required by an order issued under subsection (1)( a ), any duly authorised officer of the Authority may report such failure to the Magistrate who may then, in the Magistrate’s discretion, issue a warrant ordering the person to attend. [40/2017] (5) Any person who — ( a ) intentionally alters, suppresses or destroys any document that the person is required to provide under subsection (1); or ( b ) in providing any information required of the person under subsection (1), makes any statement that the person knows to be false in any material particular, shall be guilty of an offence. [40/2017] (6) The Chief Executive may authorise an appointed officer to exercise any of the powers of a duly authorised officer of the Authority under this section for the purposes of investigating any matter under regulations made under section 89C in which case, a reference to a duly authorised officer of the Authority is to be read as a reference to the appointed officer. [40/2017]


document_id: mpasa-1996
provision_ref: s98
chapter: PART 15 - OFFENCES
section: 98
title: Preservation of secrecy
content:
98. —(1) A person ( P ) who is or has been a member, officer, employee, adviser or agent of the Authority or a member of a committee of the Authority must not, except for the purpose of the performance of P ’s duties or the exercise of P ’s functions or when lawfully required to do so by any court or where required or allowed by the provisions of any written law, disclose any information relating to the affairs of the Authority or of any other person which has been obtained by P in the performance of P ’s duties or the exercise of P ’s functions. [5/2018] (2) 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 6 months or to both.


document_id: mpasa-1996
provision_ref: s99
chapter: PART 15 - OFFENCES
section: 99
title: General penalties
content:
99. Any person guilty of an offence under this Act or the regulations for which no penalty is expressly provided shall, in addition to the forfeiture of any article seized, be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: mpasa-1996
provision_ref: s100
chapter: PART 15 - OFFENCES
section: 100
title: Offences by bodies of persons
content:
100. Where an offence under this Act or the regulations has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in such capacity shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless the person proves that the offence was committed without his or her consent, connivance or privity and that the person exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised, having regard to the nature of his or her functions in that capacity and to all the circumstances.


document_id: mpasa-1996
provision_ref: s101
chapter: PART 15 - OFFENCES
section: 101
title: Jurisdiction of courts
content:
101. A Magistrate’s Court or a District Court has jurisdiction to hear and determine all offences under this Act or the regulations and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full penalty or punishment in respect of any offence under this Act or the regulations.


document_id: mpasa-1996
provision_ref: s102
chapter: PART 15 - OFFENCES
section: 102
title: Composition of offences
content:
102. —(1) Any police officer not below the rank of sergeant authorised by name in that behalf by the Minister, or any employee or officer of the Authority authorised in that behalf by the Chief Executive, may compound any offence under this Act or the regulations made under this Act that is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $2,000. [40/2017] (2) Without limiting subsection (1), any appointed officer authorised in that behalf by the Chief Executive may exercise the power under subsection (1) in relation to any offence under the regulations made under section 89C that is prescribed as a compoundable offence. [40/2017] (3) On payment of such sum of money under subsection (1) or (2), no further proceedings are to be taken against that person in respect of the offence. [40/2017] (4) The Authority may, with the approval of the Minister, make regulations under section 119 prescribing the offences that may be compounded. [40/2017]


document_id: mpasa-1996
provision_ref: s103
chapter: PART 15 - OFFENCES
section: 103
title: Fines to be paid into Consolidated Fund
content:
103. All fines imposed for any offence under this Act or the regulations and all sums collected under section 102 must be paid into the Consolidated Fund. [40/2017] [Act 17 of 2025 wef 01/02/2026]


document_id: mpasa-1996
provision_ref: s104
chapter: PART 15 - OFFENCES
section: 104
title: Presumption of jurisdiction
content:
104. If, in any legal proceedings under this Act or the regulations, a question arises as to whether or not any vessel or person is within the provisions of this Act or the regulations or some part thereof, the vessel or person is taken to be within those provisions unless the contrary is proved.


document_id: mpasa-1996
provision_ref: s105
chapter: PART 15 - OFFENCES
section: 105
title: Service of documents
content:
105. —(1) Unless otherwise expressly provided in this Act, any notice, order or document required or authorised by this Act or the regulations to be given or served on any person, and any summons issued by a court in connection with any offence under this Act or the regulations, may be served on the person concerned — ( a ) by delivering it to the person or to an adult member or employee of the person’s family at his or her last known place of residence; ( b ) by leaving it at his or her usual or last known place of residence or business in a cover addressed to him or her; ( c ) by affixing it to a conspicuous part of his or her last known place of residence; ( d ) by sending it by registered post addressed to the person at his or her usual or last known place of residence or business; or ( e ) where the person is a body corporate — (i) by delivering it to the secretary or other similar officer of the body corporate at its registered or principal office; or (ii) by sending it by registered post addressed to the body corporate at its registered or principal office. (2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person to whom the letter is addressed at the time when the letter would, in the ordinary course of post, be delivered and in proving service of the same it is sufficient to prove that the envelope containing the notice, order, document or summons was properly addressed, stamped and posted by registered post.


document_id: mpasa-1996
provision_ref: s106
chapter: PART 15 - OFFENCES
section: 106
title: Saving of prosecutions under other laws
content:
106. Nothing in this Act prevents any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or the regulations, or from being liable under that other written law to any punishment or penalty higher or other than that provided by this Act or the regulations, but no person is to be punished twice for the same offence.


document_id: mpasa-1996
provision_ref: s107
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 107
title: Master, owner or person in charge of vessel answerable for damage
content:
107. —(1) Where damage is done to any property of the Authority by any vessel or float of timber, the cost of making good the damage, including the expenses of any inspection or survey carried out by the Authority to ascertain the damage, may be recovered by the Authority as a debt from the master, owner or person in charge of the vessel or float of timber, as the case may be. (2) The Authority may — ( a ) detain the vessel or float of timber until the costs of making good the damage and the expenses described in subsection (1) have been paid to the Authority; or ( b ) require the master, owner or person in charge of the vessel or float of timber to deposit such sum of money or furnish such security as the Authority may require in order to meet the costs and expenses.


document_id: mpasa-1996
provision_ref: s108
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 108
title: Exemption from distress and enforcement against property of Authority
content:
108. When any apparatus, fixture or fitting belonging to the Authority is placed in or upon any premises not being in the possession of the Authority for the purposes of carrying out the functions of the Authority, the apparatus, fixture or fitting must not be subject to distress nor be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it is. [Act 25 of 2021 wef 01/04/2022]


document_id: mpasa-1996
provision_ref: s109
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 109
title: Authority to provide free landing places
content:
109. The Authority must provide such number of public landing places as it may consider necessary or expedient for use by the public.


document_id: mpasa-1996
provision_ref: s110
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 110
title: Restrictions on erection of wharves, docks, etc.
content:
110. —(1) Despite the provisions of the Foreshores Act 1920, any plan and specification for — ( a ) the erection, within the port or the approaches to the port, of a new wharf or dock or for the re‑erection, extension or alteration of the same; or ( b ) the erection of any seawall or any revetment along the bank of the port or for the re‑erection, extension or alteration of the same, must not be approved under that Act without previous reference to, and the concurrence of, the Authority. (2) The Authority may determine the fee to be paid for the perusal of the plans and specifications. (3) Where the Authority omits or refuses to give its concurrence to any plan or specification mentioned in subsection (1), the Commissioner of Building Control appointed under section 3(1) of the Building Control Act 1989 may refer the matter to the Minister whose decision is final.


document_id: mpasa-1996
provision_ref: s111
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 111
title: Notices, orders, receipts, etc., may be given by authorised employee or officer, etc.
content:
111. —(1) All notices, orders, receipts and other documents and all information of any nature which the Authority is empowered to give by this Act or the regulations or by any other written law may be given by any means including electronic and mechanical means. [40/2017] (2) Any notice, order, receipt or other document or information which the Authority is empowered to give — ( a ) under this Act or its regulations, may be given by any duly authorised employee or officer of the Authority; or ( b ) under the regulations made under section 89C, may also be given by any appointed officer authorised by the Chief Executive for the purposes of this section. [40/2017] (3) Where any such notice, order, receipt, document or information requires authentication, the signature or a facsimile of the signature of the Chief Executive, the employee or officer of the Authority mentioned in subsection (2)( a ) or the appointed officer mentioned in subsection (2)( b ), affixed thereto is sufficient authentication. [40/2017]


document_id: mpasa-1996
provision_ref: s112
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 112
title: Vessel guidance, assistance or direction
content:
112. Where the Authority provides any service for the guidance, assistance or direction of any vessel, neither the Authority nor any of its employees or agents shall be liable for any loss or damage suffered by any person of any nature or however caused — ( a ) by reason of any act or omission of the Authority, its employees or agents which is made in good faith and in the ordinary course of the discharge of the duties of those employees or agents; or ( b ) if the loss or damage occurred or arose as a result of any defect or breakdown, in the service, of any equipment used for the provision of such service or for the receipt or provision of such information and not as a result of any act or omission of the Authority.


document_id: mpasa-1996
provision_ref: s113
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 113
title: Power to enter upon lands
content:
113. —(1) The Authority may, for the purposes of this Act, by its employees, agents or contractors, enter at all reasonable hours in the daytime into and upon any building or land for the purpose of making any survey or inspection and for the purpose of executing any work authorised by this Act to be executed by them without being liable to any legal proceedings or molestation on account of the entry or of anything done in any part of such building or land pursuant to this Act. (2) The Authority must not enter into any dwelling house in actual occupation, unless with the consent of the occupier of the house and with 6 hours’ previous notice to the occupier.


document_id: mpasa-1996
provision_ref: s114
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 114
title: Power to enter upon lands adjacent to works
content:
114. —(1) The Authority may, by its employees, agents or contractors, enter upon any land adjoining to or being within the distance of 90 metres of any works by this Act authorised to be made, for the purpose of depositing upon such land any soil, gravel, sand, lime, brick, stone or other materials or for any other purposes connected with the formation of the works without making any previous payment, tender or deposit. (2) In exercising the powers conferred under subsection (1) to enter upon any land, the Authority must — ( a ) do as little damage to the land as possible; and ( b ) pay compensation for — (i) the temporary occupation of, or the temporary damage to, the land as and when such temporary occupation or temporary damage occurs; and (ii) any permanent injury to the land. (3) If any dispute arises touching the amount or apportionment of the compensation, the same is to be determined in the manner provided by section 116. (4) Before the Authority makes any temporary use under subsection (1) of the land adjoining or lying near to the works, the Authority must give 7 days’ notice in writing of its intention to the owners and the occupiers of the land and must set apart by sufficient fences so much of the land as is required to be used from the other adjoining land.


document_id: mpasa-1996
provision_ref: s115
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 115
title: Employee of Authority may require evidence of identity in certain cases
content:
115. —(1) Any police officer or any employee or officer of the Authority who reasonably believes that any person has committed an offence under this Act or the regulations may require that person to furnish evidence of his or her identity and the person must furnish such evidence of his or her identity so required. [40/2017] (2) Any person who refuses to furnish any information required under subsection (1) or wilfully misstates that information shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [40/2017]


document_id: mpasa-1996
provision_ref: s116
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 116
title: Compensation, damages and costs to be determined by District Court
content:
116. —(1) Except as otherwise provided in this Act, in all cases where damages, expenses, the cost of making good or other costs are by this Act directed to be paid, the amount and, if necessary, the apportionment of the same and any question of liability are, in case of dispute, to be summarily ascertained and determined by a District Court. (2) If the amount of damages, expenses, the cost of making good or other costs is not paid by the party liable to pay the same within 7 days after demand, that amount may be reported to the District Court and recovered in the same way as if it were a fine imposed by the District Court. (3) An appeal lies to the General Division of the High Court from any decision of a District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to the appeal. [40/2019]


document_id: mpasa-1996
provision_ref: s117
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 117
title: Disposal of matters and things removed by Authority
content:
117. —(1) Any matter or thing removed by the Authority in executing any work which it is entitled to execute under this Act or the regulations is, except as otherwise provided, the property of the Authority and may be sold by public auction or, if the Authority thinks the circumstances of the case require, may be sold otherwise or be disposed of without sale. (2) The moneys arising from the sale may be retained by the Authority and applied in or towards the expenses incurred and the surplus (if any) must be paid on demand to the owner of that matter or thing. (3) If the surplus is not claimed within one year of the sale, it must be paid into the funds of the Authority. (4) If any matters or things belonging to several persons are removed by the Authority in executing any such work, the Authority must cause those matters or things, if so, to be sold separately.


document_id: mpasa-1996
provision_ref: s117A
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 117A
title: Advisory guidelines
content:
117A. —(1) The Authority may make guidelines with a view to providing guidance or certainty in respect of any one or more of the provisions in this Act. (2) Advisory guidelines, for example, may be made about — ( a ) what amounts to a material function of a designated operating entity for the purposes of section 86FC(1)( a ); or ( b ) the relevant principles to consider in determining what amounts to a material impediment to or impairment of the operations of a designated operating entity for the purposes of section 86FC(3)( a ). (3) The Authority may make different advisory guidelines under subsection (1) in respect of different persons or entities or different classes of persons or entities. (4) The Authority must — ( a ) give a copy of each advisory guideline it makes to the Minister; and ( b ) publish each advisory guideline (in any way that the Authority thinks fit), send each advisory guideline to each person or entity to whom the guideline applies (by any mode the Authority thinks fit), or both. (5) Despite subsection (4)( b ), the Authority must publish each advisory guideline (in any way that the Authority thinks fit) if the advisory guideline has any effect on the rights of any person or entity other than the person or entity to which the advisory guideline applies. (6) The failure to comply with subsection (4) or (5) in respect of any advisory guideline does not invalidate the advisory guideline. [Act 20 of 2024 wef 01/04/2025]


document_id: mpasa-1996
provision_ref: s118
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 118
title: Exemption by Authority
content:
118. —(1) The Authority may, with the approval of the Minister, exempt any person, vessel, vehicle or premises or any class or description of persons, vessels, vehicles or premises from any of the provisions (or any part of any provision) of this Act or the regulations. [Act 20 of 2024 wef 01/04/2025] (2) Any exemption granted by the Authority under subsection (1) does not reduce or in any way affect the responsibility of the person to whom the exemption is granted or of the owner or master of a vessel or of the owner of a vehicle or the premises to whom the exemption is granted and the Authority shall not be liable for any death or injury of any person or for any loss, damage or destruction of any property arising from the exemption.


document_id: mpasa-1996
provision_ref: s118A
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 118A
title: Power to amend Third and Fourth Schedules
content:
118A. The Minister may, by order in the Gazette , amend the Third or Fourth Schedule. [Act 20 of 2024 wef 01/04/2025] [Act 17 of 2025 wef 01/02/2026]


document_id: mpasa-1996
provision_ref: s119
chapter: PART 16 - MISCELLANEOUS PROVISIONS
section: 119
title: Regulations
content:
119. The Authority may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act.


document_id: mra-1997
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “certificate of experience” means a certificate granted under section 25; “Complaints Committee” means a committee appointed by the chairman of the Complaints Panel under section 44; [Act 34 of 2020 wef 01/07/2022] “Complaints Panel” means the panel appointed by the Medical Council under section 39; [Act 34 of 2020 wef 01/07/2022] “conditional registration” means registration in Part II of the Register of Medical Practitioners pursuant to section 21 or any other provision of this Act, which registration is subject to any condition or restriction as may be imposed; “degree” means any degree or diploma or any qualification granted by any university or institution legally authorised to grant that degree or diploma or qualification and which degree or diploma or qualification is recognised or approved by the Medical Council; “Disciplinary Tribunal” means a tribunal appointed by the President of the Disciplinary Commission under section 58 or the Chief Justice under section 59; [Act 34 of 2020 wef 01/07/2022] “fully registered medical practitioner” means a person registered in Part I of the Register of Medical Practitioners in accordance with section 20(1) or (2), as the case may be; “Health Committee” means a committee appointed by the Medical Council under section 59H; [Act 34 of 2020 wef 01/07/2022] “Interim Orders Committee” means a committee appointed by the Medical Council under section 59J; [Act 34 of 2020 wef 01/07/2022] “lay person” means any person who — ( a ) has rendered distinguished public service, or has achieved distinction in any field; and ( b ) is not a legal professional or a registered medical practitioner; [Act 33 of 2021 wef 01/07/2022] “legal professional” means any person who — ( a ) has at any time held but no longer holds, office as a Supreme Court Judge or a Judicial Commissioner; [Act 34 of 2020 wef 01/07/2022] ( b ) is an advocate and solicitor of at least 15 years’ standing; or ( c ) is a Judicial Service Officer or Legal Service Officer who has in the aggregate at least 15 years of full-time employment in the Singapore Judicial Service or the Singapore Legal Service (or both); [Act 33 of 2021 wef 01/07/2022] “Medical Council” means the Medical Council of Singapore established under section 3(1) of the repealed Medical Registration Act (Cap. 174, 1985 Revised Edition), and by virtue of section 3 of this Act means the Singapore Medical Council; “practising certificate” means a practising certificate granted under section 36; “president” means the president of the Medical Council; “professional performance” means the knowledge, skill or care possessed and applied by a registered medical practitioner in the provision of medical services; “provisional registration” means registration by virtue of section 24 and “provisionally registered” is to be construed accordingly; “registered medical practitioner” means a person registered under this Act and includes a person deemed to be so registered under section 72(1); “Registrar” means the Registrar of the Medical Council; “Registrar of the Supreme Court” includes the Deputy Registrar and an Assistant Registrar; [Act 34 of 2020 wef 01/07/2022] “Singapore degree” means a degree, diploma or licence in medicine and surgery specified in the First Schedule. [Act 34 of 2020 wef 01/07/2022] (2) [ Deleted by Act 34 of 2020 wef 01/07/2022 ] (3) [ Deleted by Act 34 of 2020 wef 01/07/2022 ] (4) [ Deleted by Act 34 of 2020 wef 01/07/2022 ]


document_id: mra-1997
provision_ref: s2A
chapter: PART 1 - PRELIMINARY
section: 2A
title: Object of Act
content:
2A. The object of this Act is to protect the health and safety of the public by providing for mechanisms to — ( a ) ensure that registered medical practitioners are competent and fit to practise medicine; ( b ) uphold standards of practice within the medical profession; and ( c ) maintain public confidence in the medical profession.


document_id: mra-1997
provision_ref: s3
chapter: PART 2 - MEDICAL COUNCIL
section: 3
title: Medical Council to continue to exist
content:
3. The Medical Council of Singapore is to continue to exist as a body corporate having perpetual succession and a common seal and, as from 3 April 1998, be called the Singapore Medical Council.


document_id: mra-1997
provision_ref: s4
chapter: PART 2 - MEDICAL COUNCIL
section: 4
title: Constitution of Medical Council
content:
4. —(1) The Medical Council consists of — ( a ) the Director‑General of Health; [Act 11 of 2023 wef 01/05/2023] ( b ) a member of the Academy of Medicine Singapore appointed by the Minister, who — (i) is the Master of the Academy; or (ii) is a member of the council of the Academy nominated by the Master of the Academy; ( c ) a member of the College of Family Physicians Singapore appointed by the Minister, who — (i) is the President of the College; or (ii) is a member of the council of the College nominated by the President of the College; ( d ) a member of the Singapore Medical Association appointed by the Minister, who — (i) is the President of the Association; or (ii) is a member of the council of the Association nominated by the President of the Association; ( e ) a member of the faculty of each prescribed medical school in Singapore appointed by the Minister who — (i) is the Dean of the prescribed medical school; or (ii) is nominated by the Dean; ( f ) 12 registered medical practitioners resident in Singapore who are elected by the fully registered medical practitioners resident in Singapore; and ( g ) 8 registered medical practitioners resident in Singapore who are appointed by the Minister. [Act 34 of 2020 wef 01/07/2022] (2) The members of the Medical Council mentioned in subsection (1)( b ) to ( g ) are appointed or elected for a term not exceeding 3 years and are eligible for re‑appointment or re‑election, as the case may be. [Act 34 of 2020 wef 01/07/2022] (3) If for any reason the Director‑General of Health is unable to attend a particular meeting of the Medical Council, the Director‑General of Health may nominate a representative to attend the meeting and when so attending the representative is deemed for all purposes to be a member of the Medical Council. [Act 11 of 2023 wef 01/05/2023] (4) The Minister may, at any time, revoke the appointment of any member appointed under subsection (1)( b ), ( c ), ( d ), ( e ) or ( g ) without giving any reason. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s5
chapter: PART 2 - MEDICAL COUNCIL
section: 5
title: Functions of Medical Council
content:
5. The functions of the Medical Council are — ( a ) to keep and maintain registers of registered medical practitioners; ( b ) to approve or reject applications for registration under this Act or to approve any such application subject to such restrictions as it may think fit; ( c ) to issue practising certificates to registered medical practitioners; ( d ) to make recommendations to the appropriate authorities on the courses of instructions and examinations leading to the Singapore degree; ( e ) to make recommendations to the appropriate authorities for the training and education of registered medical practitioners; ( f ) to determine and regulate the conduct and ethics of registered medical practitioners; ( fa ) to determine and regulate standards of practice and the competence of registered medical practitioners within the medical profession; ( fb ) to provide administrative services to other bodies (whether corporate or unincorporate) responsible for the regulation of healthcare professionals; and ( g ) generally to do all such acts and matters and things as are necessary to be carried out under this Act.


document_id: mra-1997
provision_ref: s6
chapter: PART 2 - MEDICAL COUNCIL
section: 6
title: Compulsory voting
content:
6. —(1) Every fully registered medical practitioner resident in Singapore who has in force a practising certificate on the day of election of candidates as members of the Medical Council mentioned in section 4(1)( f ) must vote for the election of such members at such time and in such manner as may be prescribed. [Act 34 of 2020 wef 01/07/2022] (2) Every registered medical practitioner who is required to vote for the election of the members of the Medical Council in accordance with subsection (1) and who fails to do so is not entitled to apply for a practising certificate unless he — ( a ) satisfies the Registrar that he had a good and sufficient reason for not voting at the election; or ( b ) pays to the Medical Council a penalty prescribed by the Medical Council.


document_id: mra-1997
provision_ref: s7
chapter: PART 2 - MEDICAL COUNCIL
section: 7
title: President of Medical Council
content:
7. —(1) The Medical Council has a president who is elected by the members of the Medical Council from among its members. (2) The president elected under subsection (1) serves for a term not extending beyond the expiry of the term for which he has been appointed or elected to be a member of the Medical Council and is eligible for re‑election. (3) The president presides at any meeting of the Medical Council and, in his absence, such member as the members present may elect presides at that meeting.


document_id: mra-1997
provision_ref: s8
chapter: PART 2 - MEDICAL COUNCIL
section: 8
title: Disqualifications for membership of Medical Council
content:
8. A person must not be a member of the Medical Council — ( a ) if the person is not a citizen or a permanent resident of Singapore; ( b ) if the person is not a registered medical practitioner with at least 8 years’ experience in the practice of medicine; [Act 34 of 2020 wef 01/07/2022] ( c ) if the person is an undischarged bankrupt; ( d ) if the person has been convicted in Singapore or elsewhere of any offence involving fraud, dishonesty or moral turpitude or implying a defect in character which makes the person unfit for the person’s profession; ( e ) if the person has been found guilty in Singapore or elsewhere of any improper act or conduct which brings disrepute to the person’s profession; ( f ) if the person has been found guilty in Singapore or elsewhere of professional misconduct; or ( g ) if the person’s fitness to practise medicine is judged by the Health Committee to be impaired by reason of the person’s physical or mental condition. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s9
chapter: PART 2 - MEDICAL COUNCIL
section: 9
title: Filling of vacancies
content:
9. —(1) The office of a member of the Medical Council becomes vacant if the member — ( a ) dies; ( b ) resigns the member’s office; ( c ) is incapacitated by physical or mental illness; ( d ) becomes subject to any of the disqualifications specified in section 8; ( e ) without any good and sufficient reason, refuses to accept an appointment as a member of any committee appointed under section 11 or of the Credentials Committee or the Health Committee; or ( f ) has the member’s appointment revoked before the expiry of the term for which the member has been appointed. (2) The Medical Council may, with the approval of the Minister, remove from office any member of the Medical Council who is absent without leave of the Medical Council from 3 consecutive ordinary meetings of — ( a ) the Medical Council; or ( b ) any committee appointed under section 11 or of the Credentials Committee or the Health Committee of which he is a member. (3) Any question as to whether a person has ceased to be a member of the Medical Council is to be determined by the Minister whose decision is final. (4) If any vacancy arises among the elected members, the Minister must, as soon as practicable, appoint any registered medical practitioner resident in Singapore to fill that vacancy. (5) If any vacancy arises among the appointed members, the Minister may appoint a person to fill the vacancy in the manner in which the appointment to the vacant office was made. (6) Any person appointed to fill the vacancy holds office for as long as the member in whose place the person was appointed would have held office. (7) The Medical Council may act despite any vacancy in the Medical Council and no act done by or by the authority of the Medical Council is invalid in consequence of any defect that is afterwards discovered in the appointment or election or qualification of the members or any of them.


document_id: mra-1997
provision_ref: s10
chapter: PART 2 - MEDICAL COUNCIL
section: 10
title: Appointment of executive director, executive secretary and other employees
content:
10. The Medical Council may appoint an executive director, executive secretary and such other employees on such terms and conditions as the Medical Council may determine. [Act 19 of 2025 wef 05/12/2025]


document_id: mra-1997
provision_ref: s11
chapter: PART 2 - MEDICAL COUNCIL
section: 11
title: Appointment of committees
content:
11. —(1) The Medical Council may — ( a ) appoint one or more committees for any general or special purpose which in the opinion of the Medical Council may be better dealt with or managed by a committee; and ( b ) delegate to any committee so appointed, with or without restrictions or conditions as it thinks fit, any of the powers or functions which may be exercised or performed by the Medical Council. (2) The number and term of office of the members of a committee appointed under this section and the number of those members necessary to form a quorum are to be fixed by the Medical Council. (3) A committee appointed under this section may include persons who are not members of the Medical Council.


document_id: mra-1997
provision_ref: s12
chapter: PART 2 - MEDICAL COUNCIL
section: 12
title: Meetings and quorum of Medical Council
content:
12. —(1) The Medical Council is to meet at such times and places as the president or the Registrar may appoint. (2) The quorum at every meeting of the Medical Council must be one‑third of the total number of members in office or 7 members, whichever is the higher. (3) The chairman at any meeting of the Medical Council has an original vote and, in the case of an equality of votes, a casting vote. (4) There are to be paid to the members of the Medical Council and members of any committee appointed by the Medical Council, or their respective employers, such fees as may be approved by the Minister. (5) The Medical Council may make rules for the conduct of its business.


document_id: mra-1997
provision_ref: s13
chapter: PART 3 - PRIVILEGES OF MEDICAL PRACTITIONERS
section: 13
title: Qualifications to practise
content:
13. Subject to section 66 — ( a ) a person must not practise medicine or do any act as a medical practitioner unless the person is registered under this Act and has a valid practising certificate; and [Act 34 of 2020 wef 01/07/2022] ( b ) a person who is not so qualified is called in this Act an unauthorised person.


document_id: mra-1997
provision_ref: s14
chapter: PART 3 - PRIVILEGES OF MEDICAL PRACTITIONERS
section: 14
title: No remuneration recoverable by unauthorised persons
content:
14. Subject to the provisions of this Act, a person is not entitled to demand, claim, accept, receive or retain or sue for or recover by any means any charge, fee, disbursement, expense or any remuneration — ( a ) for or in connection with any medical or surgical advice, service, attendance or treatment or any operation performed; or ( b ) for any medicine which the person has prescribed and supplied, unless at the time of rendering such services the person is registered under this Act and has a valid practising certificate.


document_id: mra-1997
provision_ref: s15
chapter: PART 3 - PRIVILEGES OF MEDICAL PRACTITIONERS
section: 15
title: Medical certificates
content:
15. A certificate or any other document required by any written law to be signed by a duly qualified medical practitioner given after 3 April 1998 is not valid unless signed by a person who is registered under this Act and has a valid practising certificate.


document_id: mra-1997
provision_ref: s16
chapter: PART 3 - PRIVILEGES OF MEDICAL PRACTITIONERS
section: 16
title: Legally qualified or duly qualified medical practitioner
content:
16. In any written law — ( a ) “legally qualified medical practitioner”; ( b ) “duly qualified medical practitioner”; or ( c ) any expression importing a person recognised by law as a medical practitioner or member of the medical profession, is to be construed to mean a person who is registered under this Act and has a valid practising certificate.


document_id: mra-1997
provision_ref: s17
chapter: PART 3 - PRIVILEGES OF MEDICAL PRACTITIONERS
section: 17
title: Unauthorised person acting as medical practitioner
content:
17. —(1) Any unauthorised person who — ( a ) practises medicine; ( b ) wilfully and falsely pretends to be a duly qualified medical practitioner; ( c ) practises medicine or any branch of medicine, under the style or title of a physician, surgeon, doctor, licentiate in medicine or surgery, bachelor of medicine, or medical practitioner, or under any name, title, addition or description implying that he holds any diploma or degree in medicine or surgery or in any branch of medicine; ( d ) advertises or holds himself out as a medical practitioner; or ( e ) contravenes section 13 or 14, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both. (2) It is a defence to a prosecution under subsection (1) if the defendant proves that — ( a ) he practised a system of therapeutics according to Malay, Chinese or Indian method; and ( b ) he did not in any way represent himself as a duly qualified or registered medical practitioner.


document_id: mra-1997
provision_ref: s18
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 18
title: Registrar of Medical Council
content:
18. —(1) For the purposes of this Act, there is to be a Registrar of the Medical Council. (2) The Director‑General of Health is to be the Registrar of the Medical Council. [Act 11 of 2023 wef 01/05/2023] (3) The Minister may appoint a Deputy Registrar to assist the Registrar in carrying out the Registrar’s functions and duties under this Act. (4) The Registrar may, subject to such conditions or restrictions as the Registrar thinks fit, delegate to the Deputy Registrar any of the Registrar’s powers or functions under this Act, except the power of delegation conferred by this section. (5) The Registrar may continue to exercise any power conferred on the Registrar or perform any function under this Act despite the delegation of such power or function under this section.


document_id: mra-1997
provision_ref: s19
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 19
title: Registers
content:
19. —(1) In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must maintain and keep the following registers: ( a ) a register to be called “The Register of Medical Practitioners” containing — (i) in Part I of the Register, the names of persons registered as fully registered medical practitioners under section 20(1) and (2); and (ii) in Part II of the Register, the names of persons registered as medical practitioners with conditional registration; ( b ) a register to be called “The Register of Specialists” containing the names of persons registered as specialists under section 22; ( ba ) a register to be called “The Register of Family Physicians” containing the names of persons registered as family physicians under section 22A; ( c ) a register to be called “The Register of Temporarily Registered Medical Practitioners” containing the names of persons who are registered temporarily as medical practitioners under section 23; and ( d ) a register to be called “The Register of Provisionally Registered Medical Practitioners” containing the names of persons registered provisionally under section 24. [5/2018] (2) Each register must contain — ( a ) the names and addresses of the persons registered; ( b ) the dates of the registration of the persons; ( c ) the qualifications by virtue of which the persons are so registered and the dates they obtained such qualifications; and ( d ) such other particulars as the Medical Council may determine for that register. (3) The Registrar is responsible for the maintenance and custody of the registers. (4) Every person whose name is registered in any of the registers must inform the Registrar in writing of — ( a ) any change in the person’s name or residential address; ( b ) any change in the person’s practice address or such of the person’s other particulars as may be prescribed; or ( c ) any change or addition to the person’s qualification, within 28 days after such change or addition. (4A) Any person who contravenes subsection (4)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. (4B) A person who makes a report of a change in the person’s residential address under section 10 of the National Registration Act 1965 is deemed to have complied with subsection (4)( a ) on the date on which the person makes the report. (5) The Registrar may disclose any information in the registers to any person prescribed by regulations made under this Act, if such disclosure is in accordance with such conditions as may be specified in those regulations. (6) Subsection (5) is without prejudice to any other right or duty to disclose the information under general or written law.


document_id: mra-1997
provision_ref: s20
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 20
title: Full registration
content:
20. —(1) Subject to the provisions of this Act, any person who — ( a ) holds a Singapore degree; ( b ) holds a certificate of experience or any other certificate specified by the Medical Council; and ( c ) satisfies such other requirements as the Medical Council may, with the approval of the Minister, prescribe, is entitled to be registered as a fully registered medical practitioner in Part I of the Register of Medical Practitioners. (1A) For the purposes of subsection (1)( c ), the Medical Council may prescribe different requirements for the different degrees, diplomas or licences in medicine and surgery specified in the First Schedule. (2) Despite subsection (1), a person, not being a Singapore degree holder, who — ( a ) holds such qualifications as may be recognised by the Medical Council; ( b ) complies with section 26; ( c ) satisfies such other requirements as the Medical Council may, with the approval of the Minister, prescribe; and ( d ) satisfies the Medical Council that the person has special knowledge and skill and sufficient experience in any particular branch of medicine, is, if the Medical Council thinks fit so to direct, to be registered as a fully registered medical practitioner. (3) Despite subsections (1) and (2), the Medical Council may, if it is of the view that it is not in the public interest for a person mentioned in either of those subsections to be registered as a fully registered medical practitioner, direct that the person be registered as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners, and section 21(4) and (6) to (9) applies accordingly.


document_id: mra-1997
provision_ref: s21
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 21
title: Conditional registration
content:
21. —(1) Subject to the provisions of this Act, any person who — ( a ) holds a degree from a university specified in the Second Schedule or any other qualification which is, in the opinion of the Medical Council, not lower in standing than a degree specified in the Second Schedule; ( b ) has been selected for employment in Singapore as a medical practitioner in hospitals or other institutions or medical practice approved by the Medical Council; ( c ) satisfies the Medical Council that the person has the knowledge and skill and has acquired the experience which is necessary for practice as a medical practitioner; ( d ) complies with section 26; and ( e ) satisfies such other requirements as the Medical Council may, with the approval of the Minister, prescribe, is, if the Medical Council thinks fit so to direct and subject to such conditions or restrictions as the Medical Council may think fit to impose, to be registered as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners. (2) Subject to the provisions of this Act, any person who holds — ( a ) a Singapore degree; and ( b ) a certificate approved by the Medical Council as being equivalent to a certificate of experience and granted by a hospital or an institution outside Singapore that is recognised by the Medical Council for the purpose of this paragraph, is entitled to be registered as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners and is subject to such conditions or restrictions as the Medical Council may think fit to impose. (3) The Medical Council may require a person with a degree, other than a degree specified in the Second Schedule, to undergo and pass an examination conducted or arranged by the Medical Council or by such other person or persons as the Medical Council may appoint to satisfy itself that the degree is not lower in standing than a degree specified in the Second Schedule. (4) Every direction by virtue of which a person is registered under this section must specify the conditions or restrictions of the person’s registration and may further specify one or more of the following: ( a ) that the person must work for a specified period under the supervision of a fully registered medical practitioner approved by the Medical Council; ( b ) that the person’s performance must be subject to review by such fully registered medical practitioners or healthcare professionals as the Medical Council may determine; ( c ) the particular employment or descriptions of employment for the purposes of which the person is so registered. (5) [ Deleted by Act 1 of 2010 ] (6) The Medical Council may cancel the conditional registration of a medical practitioner if — ( a ) the medical practitioner fails to comply with any of the conditions or restrictions specified in the direction by virtue of which the person is registered; or ( b ) the Medical Council is of the opinion, having regard to any report of one or more fully registered medical practitioners supervising the person and any reviews of the medical practitioners or healthcare professionals mentioned in subsection (4)( b ) (if any) that the person is unable to perform the duties of a medical practitioner satisfactorily. (7) A person who is or has been registered with conditional registration may — ( a ) after the expiry of the period of supervision under subsection (4)( a ); and ( b ) upon the revocation or lapse of all the conditions or restrictions specified under subsection (4), apply to the Medical Council to be registered as a fully registered medical practitioner. (8) If the Medical Council thinks fit so to direct, having regard to the knowledge and skill shown and the experience acquired by the applicant mentioned in subsection (7), the applicant is to be registered under section 20 as a fully registered medical practitioner. (9) On a medical practitioner with conditional registration becoming registered otherwise than conditionally, the medical practitioner’s name must be removed from Part II of the Register of Medical Practitioners.


document_id: mra-1997
provision_ref: s22
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 22
title: Registration of specialists
content:
22. —(1) Subject to the provisions of this Act, any person — ( a ) who holds such postgraduate degrees or qualifications; or ( b ) who has gained such special knowledge of and skill and experience, in a particular branch or branches of medicine, may apply to the Medical Council to be registered as a specialist. (1A) A person may be registered under subsection (1) as a specialist subject to such conditions or restrictions as the Medical Council may impose. (2) The Medical Council must not register any person under subsection (1) as a specialist unless the person has obtained a certificate from the Specialists Accreditation Board under section 35. (3) The Medical Council may, with the approval of the Minister, make regulations for all or any of the following purposes: ( a ) providing for the registration of specialists in any branch of medicine; ( b ) regulating the recording in, removal from, and restoration to the Register of Specialists of the names, particulars and qualifications of persons so registered; ( c ) providing for appeals by medical practitioners against any refusal of the Medical Council to register them in the Register of Specialists or to restore their names to that Register or against any decision of the Medical Council to remove their names from that Register; ( d ) prescribing the fees payable in respect of — (i) any application for registration as a specialist; (ii) any such registration as a specialist; (iii) any restoration of names to the Register of Specialists; and (iv) any appeal.


document_id: mra-1997
provision_ref: s22A
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 22A
title: Registration of family physicians
content:
22A. —(1) Subject to the provisions of this Act, any person — ( a ) who holds such postgraduate degrees or qualifications; or ( b ) who has gained such special knowledge of and skill and experience, in family medicine, may apply to the Medical Council to be registered as a family physician in the Register of Family Physicians. (2) A person may be registered under subsection (1) as a family physician subject to such conditions or restrictions as the Medical Council may impose. (3) The Medical Council must not register any person under subsection (1) as a family physician unless the person has obtained a certificate from the Family Physicians Accreditation Board under section 35B. (4) The Medical Council may, with the approval of the Minister, make regulations for all or any of the following purposes: ( a ) providing for the registration of family physicians; ( b ) regulating the recording in, removal from, and restoration to the Register of Family Physicians of the names, particulars and qualifications of persons so registered; ( c ) providing for appeals by medical practitioners against any decision of the Medical Council refusing to register them in the Register of Family Physicians or to restore their names to that Register or against any decision of the Medical Council to remove their names from that Register; ( d ) prescribing the fees payable in respect of — (i) any application for registration as a family physician; (ii) any such registration as a family physician; (iii) any restoration of names to the Register of Family Physicians; and (iv) any appeal.


document_id: mra-1997
provision_ref: s23
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 23
title: Temporary registration
content:
23. —(1) Subject to the provisions of this Act, any person — ( a ) who is in Singapore for the purpose of teaching, research or postgraduate study in medicine under such training scheme as may be approved by the Minister in any institution recognised by the Medical Council for that purpose; ( b ) who possesses medical knowledge, experience and skill which the Medical Council considers to be of international standing or are such as to have special value to the people of Singapore; or ( c ) who is not otherwise entitled to be registered as a medical practitioner under this Act but who, in the opinion of the Medical Council, possesses other qualifications which are adequate for the purposes of registration under this Act, and who, if the person has a degree other than a Singapore degree, complies with section 26, may be registered temporarily as a medical practitioner in the Register of Temporarily Registered Medical Practitioners for so long as the person continues to engage himself exclusively in teaching, research or postgraduate study in medicine under such approved training scheme or in such medical capacity as the Medical Council may specify. (2) Any registration under subsection (1) is for a period not exceeding 2 years which may be renewed, at the discretion of the Medical Council, for a further period or periods each not exceeding 12 months. (3) A person may be registered under subsection (1) subject to such conditions and restrictions as the Medical Council may impose.


document_id: mra-1997
provision_ref: s24
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 24
title: Provisional registration
content:
24. —(1) This section has effect for enabling persons desirous of obtaining certificates of experience to be employed as mentioned in section 25(1). (2) Any person who is qualified to be registered under this Act may, for the purpose of satisfying any requirement as to experience, be provisionally registered for such duration and subject to such conditions or restrictions as the Medical Council may specify, if he produces evidence satisfactory to the Registrar that he has been selected to be engaged in such employment as is mentioned in section 25(1). (2A) The Medical Council may cancel the provisional registration of a medical practitioner if — ( a ) he fails to comply with any of the conditions or restrictions of his provisional registration; or ( b ) the Medical Council is of the opinion, having regard to the report of one or more registered medical practitioners supervising him and the reviews (if any) of the registered medical practitioners or healthcare professionals working with him, that he is unfit or otherwise unable to practise medicine. [Act 34 of 2020 wef 01/07/2022] (2B) The Medical Council must, before proceeding under subsection (2A), notify the registered medical practitioner concerned of its intention to cancel his provisional registration under subsection (2A) and must give the registered medical practitioner an opportunity to submit reasons why his registration should not be so cancelled. (2C) Any person who is aggrieved by the cancellation of his registration by the Medical Council under subsection (2A) may, within 30 days after being notified of the cancellation, appeal to the Minister whose decision is final. (3) Any person who is provisionally registered is to be registered in the Register of Provisionally Registered Medical Practitioners and on a person becoming registered otherwise than provisionally his name must be removed from such register.


document_id: mra-1997
provision_ref: s25
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 25
title: Certificate of experience in approved hospital
content:
25. —(1) A certificate of experience must not be granted in respect of any person unless that person has been engaged in employment as a house officer or in such other similar capacity as may be approved by the Medical Council (called in this section the approved capacity) in one or more hospitals or institutions in Singapore approved by the Medical Council for a prescribed period. (2) A person who has been employed as mentioned in subsection (1) may apply for a certificate of experience to the certifying authority, and if the certifying authority is satisfied — ( a ) that during the time the applicant has been so employed the person has been engaged for such period or minimum period as may be prescribed in medicine, in surgery and in an approved capacity; and ( b ) that the person’s service while so employed has been satisfactory, the certifying authority is to grant, in such form as may be prescribed, a certificate of experience that it is so satisfied. (3) In subsection (2), “certifying authority” means — ( a ) the Dean of the Yong Loo Lin School of Medicine of the National University of Singapore; ( b ) the Dean of the Duke‑NUS Medical School Singapore (formerly known as the Duke‑NUS Graduate Medical School Singapore); or [Act 19 of 2025 wef 05/12/2025] ( c ) such other person as may be prescribed.


document_id: mra-1997
provision_ref: s26
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 26
title: Experience required for holders of degrees other than Singapore degrees
content:
26. A person applying for registration by virtue of a degree, other than a Singapore degree, must satisfy the Medical Council that the person has — ( a ) a certificate of experience, or a certificate approved by the Medical Council as being equivalent to a certificate of experience and granted by a hospital or an institution outside Singapore that is recognised by the Medical Council for the purpose of this paragraph; or ( b ) rendered satisfactory service in any appointment which, in the opinion of the Medical Council, confers experience of the practice of medicine not less extensive than that required for a certificate of experience.


document_id: mra-1997
provision_ref: s27
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 27
title: Evidence of qualification and entry of additional qualifications
content:
27. —(1) No qualification is to be entered on a register unless the Registrar is satisfied by such evidence as the Registrar may consider proper that the person claiming the qualification is entitled to it. (2) Every person registered under this Act, who obtains any qualification in addition to the qualification by virtue of which that person has been registered, may apply to the Medical Council to have that additional qualification inserted in a register. (3) The Medical Council has power to decide what additional qualifications may be entered in a register.


document_id: mra-1997
provision_ref: s28
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 28
title: Application for registration
content:
28. —(1) Every application for registration under this Act must be made to the Medical Council in such manner or form and must be accompanied by such documents and particulars as the Medical Council may require. (2) An application under subsection (1) must be accompanied by the prescribed fee. (3) The Medical Council may refuse to register any applicant who, in the opinion of the Medical Council — ( a ) is not qualified to be registered; ( b ) is not of good reputation and character; ( c ) is unfit to practise medicine — (i) because the applicant’s ability to practise has been impaired by reason of the applicant’s physical or mental condition; or (ii) for any other reason; ( d ) has without reasonable cause failed to submit to a medical examination when required to do so under section 29(4)( b ); ( e ) has had the applicant’s name removed from a register of medical practitioners in any country whose degrees or licences in medicine are recognised as a qualification entitling the holder of the degree or licence to be registered under this Act; or ( f ) has failed to comply with any condition or restriction of any previous registration as may have been imposed on the applicant by the Medical Council. (4) Where the Medical Council refuses to register an applicant, the Medical Council must by written notice inform the applicant of such refusal. (5) Any person who is aggrieved by any refusal of the Medical Council under subsection (3) may, within one month of the notice given under subsection (4), appeal to the Minister whose decision is final. (6) The Registrar must enter the name of a registered medical practitioner in the appropriate register. (7) Every registered medical practitioner is, on payment of the prescribed fee, entitled to receive a certificate of registration.


document_id: mra-1997
provision_ref: s29
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 29
title: Credentials Committee
content:
29. —(1) The Medical Council is to appoint a committee called the Credentials Committee, consisting of at least 3 members of the Medical Council, to — ( a ) scrutinise all applications for registration other than applications for registration as specialists and family physicians; and ( b ) undertake such other duties as the Medical Council thinks fit to assign to the Credentials Committee. (2) The term of office of the members of the Credentials Committee and the quorum of the Committee are to be determined by the Medical Council. (3) The Credentials Committee may interview the applicants and make such enquiries or do anything which the Committee may think necessary or expedient for discharging its functions under this Act. (4) Without limiting subsection (3), the Credentials Committee may, by written notice, require an applicant — ( a ) to furnish such further information, documents or particulars as the Credentials Committee may require within the time specified in the notice; or ( b ) to submit to a medical examination to be conducted by a registered medical practitioner nominated or approved by the Medical Council within such time as may be specified in the notice. (5) The registered medical practitioner who conducts the examination mentioned in subsection (4)( b ) must, within 14 days after the examination or such longer time as the Credentials Committee may allow, submit his report on the applicant’s fitness to practise medicine to the Credentials Committee. (6) Any applicant who fails to comply with a requirement under subsection (4) within the time stated in the notice is deemed to have withdrawn his application.


document_id: mra-1997
provision_ref: s30
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 30
title: Publication of list of registered medical practitioners with practising certificates
content:
30. The Registrar must publish on the Medical Council’s Internet website, or on such other medium which is accessible to members of the public as the Minister may require, a list of the names, practice addresses, qualifications and dates of qualifications and registration of all registered medical practitioners who have in force a practising certificate.


document_id: mra-1997
provision_ref: s31
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 31
title: Alterations in registers
content:
31. The Registrar must — ( a ) insert in a register any alteration which may come to his knowledge in the name or address of any person registered under this Act; ( b ) insert in a register such alterations in the qualifications, additional qualifications and other particulars in the register as are required to be altered under this Act; ( c ) correct any error in any entry in a register; ( d ) remove from a register the name of any person whose name is ordered to be removed under this Act; ( e ) remove from a register the name of any person who is deceased; ( f ) remove from a register the name of any person who has not renewed his practising certificate for a continuous period of at least 2 years, and who cannot be contacted or sent any document using his particulars in the register; and ( g ) remove from a register the name of any person who has requested and shown sufficient reason for his name to be removed from that register, unless an inquiry has or proceedings have commenced under Part 7 against that person.


document_id: mra-1997
provision_ref: s32
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 32
title: Power of Medical Council to remove names from registers
content:
32. —(1) Despite the provisions of this Act, the Medical Council may, upon such evidence as it may require, order the removal from the appropriate register the name of a registered medical practitioner under any of the following circumstances: ( a ) if he has been registered with conditional registration and the conditional registration has been cancelled by the Medical Council under section 21(6); ( b ) if he has been temporarily registered under section 23 and has contravened or failed to comply with any condition or restriction imposed by the Medical Council; ( c ) if he has been registered in the Register of Specialists and — (i) his name has been removed from the Register of Medical Practitioners; or (ii) he has contravened or failed to comply with any condition or restriction imposed by the Medical Council under section 22; ( ca ) if he has been registered in the Register of Family Physicians and — (i) his name has been removed from the Register of Medical Practitioners; or (ii) he has contravened or failed to comply with any condition or restriction imposed by the Medical Council under section 22A; ( cb ) if his provisional registration has been cancelled by the Medical Council under section 24(2A); ( d ) if he has obtained registration fraudulently or by incorrect statement; ( e ) if his degree for registration under this Act has been withdrawn or cancelled by the authority through which it was acquired or by which it was awarded; ( f ) if he has had his registration in any other country withdrawn, suspended or cancelled by the authority which registered him; ( g ) if he has failed to serve the Government or such other body or organisation as directed by the Government for such period as may be specified in any undertaking given by him to the Government. (2) The Medical Council must, before exercising its powers under subsection (1), notify the registered medical practitioner concerned of its intention to take such action and must give the registered medical practitioner an opportunity to submit reasons why his name should not be removed. (3) Any person who is aggrieved by any order of the Medical Council under subsection (1) may, within 30 days of being notified of the order, appeal to the Minister whose decision is final.


document_id: mra-1997
provision_ref: s33
chapter: PART 4 - REGISTRATION OF MEDICAL PRACTITIONERS
section: 33
title: Restoration of names removed under section 31 or 32
content:
33. —(1) Where the name of a person has been removed from a register under section 31( f ) or 32(1)( a ), ( b ), ( c ), ( ca ), ( cb ) or ( g ), the Medical Council may, upon application by the person, if it thinks fit direct — ( a ) that the person’s name be restored to the register; or ( b ) that the person be registered as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners, and section 21(4) and (6) to (9) applies accordingly. (2) An application under subsection (1) must not be made to the Medical Council more than once in any period of 6 months by or on behalf of the medical practitioner. (3) An application under subsection (1) must not be made to the Medical Council by or on behalf of the medical practitioner unless the medical practitioner has complied with all the terms of the order made against the medical practitioner under section 32(1), where applicable.


document_id: mra-1997
provision_ref: s34
chapter: PART 5 - SPECIALISTS ACCREDITATION BOARD
section: 34
title: Establishment of Specialists Accreditation Board
content:
34. —(1) There is to be a board called the Specialists Accreditation Board (called in this Part the Board) consisting of at least 8 registered medical practitioners to be appointed by the Minister. (2) The chairman of the Board is to be appointed by the Minister from among its members. (3) The chairman and members of the Board are appointed for a term not exceeding 3 years but may be re‑appointed and may at any time be removed from office by the Minister. (4) If any member of the Board dies, resigns or is removed from office, the Minister may fill the vacancy by the appointment of a registered medical practitioner and every person so appointed holds office for the remainder of the term for which the person’s predecessor was appointed. (5) The powers of the Board are not affected by any vacancy in its membership. (6) At any meeting of the Board, 3 members form a quorum. (7) At any meeting of the Board, the chairman presides and in his absence the members present must elect one of their members to preside at the meeting. (8) If on any question to be determined by the Board there is an equality of votes, the chairman or the member presiding at the meeting has a casting vote. (9) Subject to the provisions of this Act, the Board may determine its own procedure. (10) The Board may appoint one or more committees consisting of such members as it thinks fit to assist the Board in carrying out its functions under this Act.


document_id: mra-1997
provision_ref: s35
chapter: PART 5 - SPECIALISTS ACCREDITATION BOARD
section: 35
title: Functions of Specialists Accreditation Board
content:
35. —(1) The functions of the Board are — ( a ) to determine the qualifications, experience and other conditions for registration as specialists under this Act; ( b ) to define specialties in medicine for the purposes of maintaining and keeping the Register of Specialists; ( c ) to determine the training programmes to be recognised for persons who intend to qualify for registration as specialists under this Act; ( d ) to grant to persons who have the qualifications or experience and who meet the conditions for registration as specialists under this Act certificates to that effect; ( e ) to recommend to the Medical Council programmes for the continuing medical education of persons who are registered as specialists under this Act; and ( f ) to advise the Medical Council on matters affecting or connected with the registration of specialists under this Act. (1A) The Board may further subdivide the specialties in medicine into further classes of sub‑specialties and this section applies, with the necessary modifications, to such sub‑specialties. (1B) A reference in this Act to a specialty is to be construed as including a reference to a sub‑specialty. (2) Any person who desires to have a certificate from the Board to certify that the person has the qualifications or experience and who meets the conditions for registration as specialists under this Act may apply to the Board. (3) Any person who is aggrieved by the refusal of the Board to grant the certificate may, within one month of the notice of the refusal, appeal to the Minister whose decision is final.


document_id: mra-1997
provision_ref: s35A
chapter: PART 5A - FAMILY PHYSICIANS ACCREDITATION BOARD
section: 35A
title: Establishment of Family Physicians Accreditation Board
content:
35A. —(1) There is to be a board called the Family Physicians Accreditation Board (called in this Part the Board) consisting of at least 8 registered medical practitioners to be appointed by the Minister. (2) The chairman of the Board is to be appointed by the Minister from among its members. (3) The chairman and members of the Board are appointed for a term not exceeding 3 years but may be re‑appointed and may at any time be removed from office by the Minister. (4) If any member of the Board dies, resigns or is removed from office, the Minister may fill the vacancy by the appointment of a registered medical practitioner and every person so appointed holds office for the remainder of the term for which the person’s predecessor was appointed. (5) The powers of the Board are not affected by any vacancy in its membership. (6) At any meeting of the Board, 4 members form a quorum. (7) At any meeting of the Board, the chairman presides and, in his absence, the members present must elect one of their members to preside at the meeting. (8) If on any question to be determined by the Board there is an equality of votes, the chairman or the member presiding at the meeting has a casting vote. (9) Subject to the provisions of this Act, the Board may determine its own procedure. (10) The Board may appoint one or more committees consisting of such members as it thinks fit to assist the Board in carrying out its functions under this Act.


document_id: mra-1997
provision_ref: s35B
chapter: PART 5A - FAMILY PHYSICIANS ACCREDITATION BOARD
section: 35B
title: Functions of Family Physicians Accreditation Board
content:
35B. —(1) The functions of the Board are — ( a ) to determine the qualifications, experience and other conditions for registration as a family physician under this Act; ( b ) to define the scope of family medicine for the purposes of maintaining and keeping the Register of Family Physicians; ( c ) to determine the training programmes to be recognised for persons who intend to qualify for registration as family physicians under this Act; ( d ) to grant to persons who have the qualifications or experience and who meet the conditions for registration as family physicians under this Act certificates to that effect; ( e ) to recommend to the Medical Council programmes for the continuing medical education of persons who are registered as family physicians under this Act; and ( f ) to advise the Medical Council on matters affecting or connected with the registration of family physicians under this Act. (2) Any person who desires to have a certificate from the Board to certify that the person has the qualifications or experience and meets the conditions for registration as a family physician under this Act may apply to the Board. (3) Any person who is aggrieved by the refusal of the Board to grant the certificate may, within one month of the notice of refusal, appeal to the Minister whose decision is final.


document_id: mra-1997
provision_ref: s36
chapter: PART 6 - PRACTISING CERTIFICATES
section: 36
title: Practising certificates
content:
36. —(1) Any registered medical practitioner who desires to obtain a practising certificate must make an application to the Medical Council in such form and manner as the Medical Council may require. (2) Every application for a practising certificate must be accompanied by the prescribed fee. (3) A practising certificate is to be granted for a period not exceeding 2 years from the date of issue of the practising certificate. (4) Any application for renewal of a practising certificate must be made not later than one month before the expiry of the practising certificate in such form as the Medical Council may require. (5) Any registered medical practitioner who applies for a practising certificate later than one month before the expiry of the practising certificate is liable to pay to the Medical Council such late application fee as may be prescribed by the Medical Council. (6) The Medical Council may — ( a ) refuse to grant a practising certificate to a registered medical practitioner; or ( b ) refuse to renew the practising certificate of the registered medical practitioner, if the registered medical practitioner fails to comply with any condition that is prescribed by the Medical Council with the approval of the Minister for the purposes of this section. (7) Without limiting subsection (6) and section 70(2)( b ), the Medical Council may, with the approval of the Minister, prescribe conditions that require a registered medical practitioner applying for the grant or renewal of his practising certificate to — ( a ) submit such information or declaration (including statutory declaration) as the Medical Council may require; ( b ) comply with such continuing medical education requirements as may be prescribed; and ( c ) take out and maintain, or be covered by, adequate and appropriate insurance or other forms of protection with such insurers or other organisations as may be approved by the Medical Council for indemnity against loss arising from claims in respect of civil liability incurred by that practitioner in the course of his medical practice, and which meets such minimum terms and conditions as the Medical Council may determine.


document_id: mra-1997
provision_ref: s37
chapter: PART 6 - PRACTISING CERTIFICATES
section: 37
title: Cancellation of practising certificates
content:
37. —(1) The Medical Council may cancel any practising certificate issued to a registered medical practitioner if the Medical Council is satisfied that — ( a ) the practising certificate has been obtained by the registered medical practitioner by fraud, or the registered medical practitioner has, in connection with the application for the practising certificate, made a statement or provided any information or document that is false, misleading or inaccurate in a material particular; or ( b ) the registered medical practitioner fails, or has failed, to comply with any requirement prescribed in connection with the practising certificate (including any requirement that every registered medical practitioner must comply with in order to continue holding the practising certificate). (2) Where the Medical Council decides under subsection (1) to cancel a practising certificate, the Medical Council must serve on the registered medical practitioner a notice of the decision. (3) A decision by the Medical Council under subsection (1) takes effect on the date the notice under subsection (2) is served on the registered medical practitioner concerned, or on a later date specified in the notice. (4) A registered medical practitioner who is aggrieved by the cancellation of his practising certificate under subsection (1) may, within 30 days after receiving the notice mentioned in subsection (2), appeal to the Minister whose decision is final. (5) An appeal against a decision to cancel a registered medical practitioner’s practising certificate does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister, the decision appealed against must be complied with until the determination of the appeal. (6) Where a registered medical practitioner has had his name removed from any register (other than the Register of Specialists or the Register of Family Physicians) under this Act or has had his registration suspended under this Act, any practising certificate issued to him is deemed cancelled. (7) The cancellation or deemed cancellation of a practising certificate under this section does not affect — ( a ) the enforcement by any person of any right or claim against the registered medical practitioner; or ( b ) the enforcement by the registered medical practitioner of any right or claim against any person. (8) A registered medical practitioner whose practising certificate is cancelled or deemed cancelled under this section must, as soon as practicable after receiving notice of the cancellation, removal from a register or suspension of registration (as the case may be), surrender his practising certificate to the Medical Council. (9) To avoid doubt, this section does not affect the operation of Part 7. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s38
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 38
title: Voluntary removal, suspension, etc.
content:
38. —(1) A registered medical practitioner may request the Medical Council to take one or more of the actions in subsection (2) if the registered medical practitioner believes that — ( a ) his fitness to practise medicine is impaired by reason of his physical or mental condition; or ( b ) the quality of the professional services provided by him does not meet the standard which is reasonable to expect of a medical practitioner. (2) Upon receiving a request under subsection (1), the Medical Council may, with the agreement of the registered medical practitioner, do one or more of the following: ( a ) remove the registered medical practitioner’s name from the appropriate register; ( b ) suspend the registration of the registered medical practitioner in the appropriate register for a period not exceeding 3 years; ( c ) where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners — remove the registered medical practitioner’s name from Part I of that Register and register him instead as a medical practitioner with conditional registration in Part II of that Register, and section 21(4), (6), (7), (8) and (9) applies accordingly; ( d ) where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners — impose additional appropriate conditions or restrictions on his registration or vary the conditions or restrictions already imposed under section 21, 23 or 24; ( e ) suspend or cancel the registered medical practitioner’s practising certificate. (3) However, the Medical Council must not take any action under subsection (2) in relation to a registered medical practitioner if — ( a ) the Medical Council believes that there is evidence of any matter mentioned in section 40(3)( a ) or (4)( a ), ( b ) or ( c ); or ( b ) an inquiry under Division 2 has started and is pending against the registered medical practitioner. (4) Subsections (2) and (3) also apply where the Medical Council has given a notification to the registered medical practitioner under section 40(6)( b ), except that if the Medical Council and the registered medical practitioner are unable to agree on the course of action to be taken under subsection (2)( a ) to ( e ), the Medical Council must proceed to refer the matter to the chairman of the Complaints Panel under section 40(6)( a ). [Act 34 of 2020 wef 01/07/2022] Division 2 &#x2014; Inquiries into complaints against and
information about registered medical practitioners


document_id: mra-1997
provision_ref: s39
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 39
title: Appointment of Complaints Panel
content:
39. —(1) For the purpose of enabling Inquiry Committees, Complaints Committees, Review Committees, Disciplinary Tribunals and Interim Orders Committees to be constituted in accordance with this Part, the Medical Council must appoint a panel (called in this Act the Complaints Panel) consisting of — ( a ) at least 10 members of the Medical Council; ( b ) at least 10 registered medical practitioners each of whom is of at least 8 years’ standing and is not a member of the Medical Council; and ( c ) at least 6 other persons nominated by the Minister, each of whom is either — (i) a legal professional; or (ii) a lay person. (2) The term of office of a member of the Complaints Panel mentioned in subsection (1)( a ) expires at the end of the member’s term of office as a member of the Medical Council. (3) A member of the Complaints Panel mentioned in subsection (1)( b ) or ( c )(i) or (ii) is appointed for a term of 3 years and is eligible for re-appointment. (4) The Medical Council may at any time remove from office any member of the Complaints Panel or fill any vacancy in its membership. (5) The Medical Council must appoint, from among the members of the Complaints Panel who are members of the Medical Council, the chairman and the deputy chairman of the Complaints Panel. (6) The chairman and deputy chairman appointed under subsection (5) must be registered medical practitioners. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s40
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 40
title: Complaints against registered medical practitioners, etc.
content:
40. —(1) A person (called in this Part the complainant) may make a complaint against, or provide information about, any registered medical practitioner to the Medical Council on any matter mentioned in subsection (3) or (4). (2) Every complaint against, or information about, any registered medical practitioner mentioned in subsection (1) must — ( a ) be in writing; ( b ) be supported by a statutory declaration unless the complaint or information is made or provided by a public officer or the Medical Council; and ( c ) be accompanied by every relevant document and information that is in the possession of the complainant. (3) The complaint mentioned in subsection (1) is a complaint — ( a ) relating to — (i) the conduct of a registered medical practitioner in his professional capacity; or (ii) a registered medical practitioner’s improper act or conduct which brings disrepute to his profession; or ( b ) that the professional services provided by a registered medical practitioner are not of the quality that is reasonable to expect of him. (4) The information mentioned in subsection (1) is information relating to — ( a ) the conviction (whether in Singapore or elsewhere) of a registered medical practitioner of an offence implying a defect in character that makes him unfit to practise medicine; ( b ) the death of any patient resulting from the conduct of a registered medical practitioner in his professional capacity; ( c ) an adverse finding against a registered medical practitioner by a Coroner at an inquiry under the Coroners Act 2010 * into the death of a patient of the registered medical practitioner; or ( d ) the physical or mental fitness of a registered medical practitioner to practise medicine. [*Updated to be consistent with the 2020 Revised Edition] (5) Subject to sections 41 and 42, the Medical Council must within 2 weeks after receipt of a complaint or any information under subsection (1) that is made in accordance with subsection (2), other than a complaint or information touching on the matters mentioned in section 32, refer the complaint or information (as the case may be) to the chairman of the Complaints Panel for the appointment of an Inquiry Committee. (6) Subject to sections 41 and 42, the Medical Council may, on its own motion — ( a ) if the Medical Council believes that there is evidence of any matter mentioned in subsection (3) or (4) — make a complaint or refer any information about the registered medical practitioner to the chairman of the Complaints Panel for the appointment of a Complaints Committee; or ( b ) if the Medical Council believes that there is evidence of any matter mentioned in subsection (3)( b ) or (4)( d ) — instead of proceeding under paragraph ( a ), notify the registered medical practitioner of the evidence and, with the written agreement of the registered medical practitioner, proceed under section 38(2)( a ) to ( e ). (7) Despite subsections (5) and (6), the Medical Council may immediately refer a complaint or any information directly to the President of the Disciplinary Commission for the appointment of a Disciplinary Tribunal where it relates to any of the following: ( a ) any matter mentioned in subsection (4)( a ), ( b ) or ( c ); ( b ) any other matter that, in the opinion of the Medical Council, involves a serious threat to the health and safety of any patient. (8) Where any complaint or information about a registered medical practitioner is referred to the chairman of the Complaints Panel under subsection (5) or (6) or to the President of the Disciplinary Commission under subsection (7), the Medical Council must — ( a ) inform the registered medical practitioner that it has done so; and ( b ) provide the registered medical practitioner with a copy of — (i) the complaint or information; and (ii) any statutory declaration that has been made in support of the complaint or information, unless the Medical Council is of the view that, based on the facts and evidence before it, there are compelling reasons not to do so. (9) Where any information mentioned in subsection (4)( d ) is referred by the Medical Council to the chairman of the Complaints Panel, the chairman of the Complaints Panel must within 2 weeks after the referral — ( a ) if the chairman is satisfied, based on any evidence given in support of the information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered medical practitioner to practise medicine — refer the information to a Health Committee; or ( b ) in any other case — (i) proceed in accordance with Division 3 where the referral is made under subsection (5); or (ii) proceed in accordance with Division 4 where the referral is made under subsection (6)( a ) or section 42(3)( b ). [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s41
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 41
title: Limitation period for complaints, etc.
content:
41. —(1) The Medical Council must not refer a complaint or information to the chairman of the Complaints Panel under section 40(5) if the complaint is first made or the information is first provided to the Medical Council after the expiration of the period of — ( a ) 6 years after the date of the act, conduct or occurrence that is the subject matter of the complaint or information; or ( b ) 6 years after the earliest date on which the complainant had knowledge of the act, conduct or occurrence, or could with reasonable diligence have discovered it, if that period expires later than the period mentioned in paragraph ( a ). (2) The Medical Council must not make a complaint or refer any information to the chairman of the Complaints Panel under section 40(6)( a ) after the expiration of the period of — ( a ) 6 years after the date of the act, conduct or occurrence that is the subject matter of the complaint or information; or ( b ) 6 years after the earliest date on which the Medical Council had knowledge of the act, conduct or occurrence, or could with reasonable diligence have discovered it, if that period expires later than the period mentioned in paragraph ( a ). (3) Where the Medical Council refers any complaint or any information to the President of the Disciplinary Commission under section 40(7) for the appointment of a Disciplinary Tribunal after the expiration of the period of — ( a ) 6 years after the date of the act, conduct or occurrence that is the subject matter of the complaint or information; or ( b ) 6 years after the earliest date on which the Council had knowledge of the act, conduct or occurrence, or could with reasonable diligence have discovered it, if that period expires later than the period mentioned in paragraph ( a ), the President of the Disciplinary Commission must not appoint a Disciplinary Tribunal for the matter unless he is of the opinion that it is in the public interest to do so. (4) In this section, “knowledge” includes the knowledge that a person may reasonably have been expected to acquire — ( a ) from facts observable or ascertainable by the person; or ( b ) from facts ascertainable by the person with the help of appropriate expert advice which it is reasonable for the person to seek. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s42
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 42
title: Complaints made, etc., after expiration of limitation period
content:
42. —(1) Where any complaint or information is made or provided to the Medical Council under section 40(1) after the expiration of the period mentioned in section 41(1), the Medical Council must, within 2 weeks after receipt of the complaint or information, refer the complaint or information to the President of the Disciplinary Commission for an assessment mentioned in subsection (3)( a ). (2) The Medical Council must as soon as possible refer any complaint or information mentioned in section 40(6)( a ) in respect of which the period mentioned in section 41(2) has expired to the President of the Disciplinary Commission for an assessment mentioned in subsection (3)( a ). (3) Where the Medical Council refers any complaint or information to the President of the Disciplinary Commission for an assessment under subsection (1) or (2) — ( a ) the President of the Disciplinary Commission must, within 3 weeks after the referral, assess whether it is in the public interest to refer the complaint or information to the chairman of the Complaints Panel despite the expiration of the period mentioned in section 41(1) or (2); and ( b ) where the President of the Disciplinary Commission notifies the Medical Council that he is of the opinion that it is in the public interest to refer the complaint or information to the chairman of the Complaints Panel, the Medical Council must, despite section 41(1) or (2) (as the case may be) and within 2 weeks after receipt of the notice, refer the complaint or information or make the complaint (as the case may be) to the chairman of the Complaints Panel. [Act 34 of 2020 wef 01/07/2022] Division 3 &#x2014; Inquiry Committees


document_id: mra-1997
provision_ref: s43
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 43
title: Inquiry by Inquiry Committee
content:
43. —(1) Where any complaint or information is referred to the chairman of the Complaints Panel under section 40(5) (other than information mentioned in section 40(4)( d ) where section 40(9)( a ) or ( b )(ii) applies), the chairman of the Complaints Panel must, within 2 weeks after the referral — ( a ) appoint an Inquiry Committee consisting of — (i) a chairman, being a member of the Complaints Panel who is a registered medical practitioner; and (ii) one other member of the Complaints Panel who is a registered medical practitioner, to inquire into the complaint or information; and ( b ) refer the complaint or information to the Inquiry Committee. (2) An Inquiry Committee may, in the course of an inquiry under subsection (1), require the complainant, registered medical practitioner concerned or any other person to answer any question or provide any information or document that the Inquiry Committee considers relevant for the purpose of the inquiry. (3) An Inquiry Committee must complete its inquiry under subsection (1) within 3 weeks after the date that the complaint or information is referred to the Inquiry Committee and — ( a ) if the Committee is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance — dismiss the complaint or information and give reasons for the dismissal; ( b ) if the Committee is unanimously of the opinion that the complaint or information is not frivolous, vexatious, misconceived or lacking in substance and — (i) is unanimously of the opinion that no investigation is necessary — issue a letter of advice to the registered medical practitioner; or (ii) is unanimously of the opinion that an investigation is necessary — refer the matter to the chairman of the Complaints Panel to appoint a Complaints Committee to inquire into the matter, and direct one or more investigators to investigate the matter; or ( c ) in any other case — refer the matter to the chairman of the Complaints Panel to appoint a Complaints Committee to inquire into the matter, and direct one or more investigators to investigate the matter. (4) The chairman of the Complaints Panel may, upon a written request by an Inquiry Committee, grant to the Inquiry Committee one (but not more than one) extension of the period mentioned in subsection (3) if the chairman is satisfied that the circumstances of the case justify the grant of the extension, except that the extension must not extend beyond the period of 6 weeks after the date that the complaint or information is referred to the Inquiry Committee. (5) A decision of an Inquiry Committee under subsection (3) is final. [Act 34 of 2020 wef 01/07/2022] Division 4 &#x2014; Complaints Committees


document_id: mra-1997
provision_ref: s44
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 44
title: Appointment of Complaints Committees
content:
44. Where any complaint or information is referred to the chairman of the Complaints Panel under section 40(6)( a ), 42(3)( b ) or 43(3)( b )(ii) or ( c ), the chairman of the Complaints Panel must, within 2 weeks after the referral — ( a ) appoint a Complaints Committee consisting of — (i) a chairman, being the deputy chairman of the Complaints Panel or a member of the Complaints Panel who is a registered medical practitioner; and (ii) 2 other members of the Complaints Panel, one of whom is a registered medical practitioner and the other is a legal professional or lay person, to inquire into the complaint or information; and ( b ) refer the complaint or information to the Complaints Committee. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s45
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 45
title: Inquiry by Complaints Committee
content:
45. —(1) A Complaints Committee must complete its inquiry not later than 3 months after the date that the complaint or information is referred to the Complaints Committee. (2) Where a Complaints Committee is of the opinion that it will not be able to complete its inquiry within the period mentioned in subsection (1), the Complaints Committee may apply in writing to the chairman of the Complaints Panel for an extension of time to complete its inquiry. (3) The chairman of the Complaints Panel may, upon a written request by a Complaints Committee, grant to the Complaints Committee one (but not more than one) extension of the period mentioned in subsection (1) if the chairman is satisfied that the circumstances of the case justify the grant of the extension, except that the extension must not extend beyond the period of 6 months after the date that the complaint or information is referred to the Complaints Committee. (4) The Medical Council may, upon a written request by a Complaints Committee, apply to the General Division of the High Court in accordance with section 59U for a further extension of time that extends beyond the period mentioned in subsection (3) for the Complaints Committee to complete its inquiry. (5) For the purposes of conducting an inquiry, a Complaints Committee may — ( a ) require the production for inspection by the Complaints Committee of any book, document or paper which may relate to or be connected with the subject matter of the inquiry; and ( b ) require the complainant, registered medical practitioner concerned and any other person to give any information or evidence which may relate to or be connected with the subject matter of the inquiry (including any information in relation to any book, document or paper mentioned in paragraph ( a )) — (i) at an attendance before the Complaints Committee; (ii) in writing; or (iii) by way of a statutory declaration or an affidavit. (6) Any person who, without lawful excuse, refuses or fails to comply with any requirement of a Complaints Committee under subsection (5)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (7) For the purposes of any inquiry, a Complaints Committee may — ( a ) where an Inquiry Committee has directed an investigation under section 43(3)( b )(ii) or ( c ) — refer to and rely on the report arising from that investigation; or ( b ) in any other case — direct one or more investigators to investigate the complaint or information to which the inquiry relates. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s46
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 46
title: Findings of Complaints Committee
content:
46. —(1) After considering any investigation report mentioned in section 51 and any report by a Performance Assessment Panel mentioned in section 52 or Fitness Assessment Panel mentioned in section 53, and upon due inquiry into the complaint or information, a Complaints Committee may, if it is of the view that a formal inquiry by a Disciplinary Tribunal or Health Committee is not necessary, take one or more of the following actions: ( a ) issue a letter of advice to the registered medical practitioner; ( b ) issue a letter of warning to the registered medical practitioner; ( c ) direct the registered medical practitioner to seek and undergo medical or psychiatric treatment or counselling; ( d ) direct the registered medical practitioner to undertake and complete specified further education or training within a specified period; ( e ) direct the registered medical practitioner to report, at such times, in such manner and to such person or persons as the Complaints Committee may specify, on the status of — (i) the registered medical practitioner’s physical or mental condition; or (ii) the registered medical practitioner’s medical practice; ( f ) direct the registered medical practitioner to seek and take advice, from such person or persons as the Complaints Committee may specify, on or in relation to the management of his medical practice; ( g ) with the agreement of the registered medical practitioner, request the Medical Council to do one or more of the following: (i) remove the registered medical practitioner’s name from the appropriate register; (ii) suspend the registration of the registered medical practitioner from the appropriate register for a period not exceeding 3 years; (iii) where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners — remove his name from Part I of that Register and register him as a medical practitioner with conditional registration in Part II of that Register, and section 21(4), (6), (7), (8) and (9) applies accordingly; (iv) where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners — impose additional appropriate conditions or restrictions on his registration or vary the conditions or restrictions already imposed under section 21, 23 or 24, as the case may be; (v) suspend or cancel the registered medical practitioner’s practising certificate; ( h ) dismiss the complaint or information; ( i ) give such other direction as the Complaints Committee thinks fit. (2) Where a Complaints Committee, based on the facts and evidence before it, determines that cause of sufficient gravity for a formal inquiry exists — ( a ) where the complaint or information touches on the physical or mental fitness of the registered medical practitioner to practise medicine — (i) the Complaints Committee may, with the agreement of the registered medical practitioner, request the Medical Council to take one or more of the actions in subsection (3); or (ii) in any other case — the Complaints Committee must direct the Medical Council to appoint a Health Committee to hold a formal inquiry; or ( b ) in any other case — the Complaints Committee must recommend to the Medical Council that a formal inquiry be held by a Disciplinary Tribunal. (3) Upon receiving a request under subsection (2)( a )(i), the Medical Council may do one or more of the following: ( a ) remove the name of the registered medical practitioner from the appropriate register; ( b ) suspend the registration of the registered medical practitioner in the appropriate register for such period not exceeding 3 years; ( c ) where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners — remove his name from Part I of the Register of Medical Practitioners and register him as a medical practitioner with conditional registration in Part II of that Register, and section 21(4), (6), (7), (8) and (9) applies accordingly; ( d ) where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners — impose additional appropriate conditions or restrictions on his registration or vary the conditions or restrictions already imposed under section 21, 23 or 24, as the case may be. (4) Where the registered medical practitioner concerned fails to comply with a direction of a Complaints Committee under subsection (1)( c ), ( d ), ( e ), ( f ) or ( i ), a Complaints Committee (whether it is the Complaints Committee that gave the direction or another Complaints Committee appointed in its place) may, if it thinks fit, recommend that a formal inquiry be held by a Disciplinary Tribunal or direct that a formal inquiry be held by a Health Committee (as the case may be) in respect of the complaint or information. (5) Where a Complaints Committee makes a direction under subsection (2)( a )(ii) or (4) that a formal inquiry be held by a Health Committee, the Medical Council must, within one month after receipt of the Complaint Committee’s direction, refer the complaint or information to a Health Committee. (6) Where a Complaints Committee makes a recommendation under subsection (2)( b ) or (4) that a formal inquiry be held by a Disciplinary Tribunal — ( a ) the Complaints Committee must give reasons for its recommendation and also recommend to the Medical Council the charge or charges to be preferred against the registered medical practitioner; and ( b ) the Medical Council must, within one month after receipt of the Complaints Committee’s recommendation, determine whether it is appropriate for a formal inquiry to be held by a Disciplinary Tribunal. (7) If the Medical Council determines under subsection (6)( b ) that it is not appropriate for a formal inquiry to be held by a Disciplinary Tribunal, the Medical Council must notify the complainant and registered medical practitioner of its decision and the reasons for such determination, and may take one or more of the following actions: ( a ) any action mentioned in subsection (1)( a ) to ( f ) or ( h ); ( b ) with the agreement of the registered medical practitioner, take one or more of the actions specified in subsection (1)( g )(i) to (v); ( c ) give such other direction as the Medical Council thinks fit. (8) If the Medical Council determines under subsection (6)( b ) that it is appropriate for a formal inquiry to be held by a Disciplinary Tribunal, the Medical Council must refer the complaint or information to the President of the Disciplinary Commission for the appointment of a Disciplinary Tribunal. (9) A decision of the Complaints Committee under subsection (2)( a )(ii) or ( b ) or (4), or of the Medical Council under subsection (6)( b ), is final. (10) A letter of advice mentioned in subsection (1)( a ) that is to be issued by a Complaints Committee under that subsection or the Medical Council under subsection (7) may be issued by the chairman of the Complaints Committee or the President of the Medical Council (as the case may be) on such terms as the Complaints Committee or the Medical Council (as the case may be) thinks fit. (11) Where, in the course of an inquiry, a Complaints Committee receives any information touching on, or evidence of, the conduct of the registered medical practitioner concerned which discloses an offence under any written law, the Complaints Committee must report it to the Medical Council. (12) A Complaints Committee must notify the registered medical practitioner concerned and the complainant of its decision under subsection (1), or under subsection (2)( a )(ii) or (4) to refer the complaint or information to a Health Committee, and give the reason for the Complaints Committee’s decision. (13) Every Complaints Committee must immediately report to the Medical Council its findings, and every decision made under this section. (14) A Complaints Committee completes its inquiry upon the submission of the report mentioned in subsection (13). [Act 34 of 2020 wef 01/07/2022] Division 5 &#x2014; Mediation and withdrawal, etc.


document_id: mra-1997
provision_ref: s47
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 47
title: Mediation
content:
47. —(1) An Inquiry Committee or a Complaints Committee may, at any time after any complaint or information (called in this Division the matter) is referred to it but before the completion of its inquiry under section 43(3) or 46(14) (as the case may be), refer the matter for mediation between the registered medical practitioner and the complainant, before a mediator specified by the Inquiry Committee or Complaints Committee. (2) Where the Inquiry Committee or Complaints Committee (as the case may be) is informed by both the registered medical practitioner and the complainant that they have agreed to participate in mediation in relation to the matter (whether or not the mediation has been referred to mediation by an Inquiry Committee or a Complaints Committee under subsection (1)) — ( a ) subject to subsection (3), the Inquiry Committee or Complaints Committee (as the case may be) may direct that the inquiry be suspended for the period or suspended subject to the conditions, specified by the Inquiry Committee or Complaints Committee, as the case may be; and ( b ) the mediator must — (i) report to the Inquiry Committee or Complaints Committee (as the case may be) on the status of the mediation, at every interval specified by the Inquiry Committee or Complaints Committee, as the case may be; and (ii) as soon as practicable after the termination of the mediation, inform the Inquiry Committee or Complaints Committee (as the case may be) of the termination and outcome of the mediation. (3) Where a mediation is terminated and the matter is not withdrawn, the Inquiry Committee or Complaints Committee (as the case may be) must complete its inquiry within the balance of the period mentioned in section 43(3) or 45(1) (as the case may be) or the extended period granted under section 43(4), 45(3) or 59U(1) (as the case may be) following the termination. (4) Despite subsection (3) and sections 43(3) and 45(1), if the balance of the period mentioned in subsection (3) is less than 7 days, the period during which the Inquiry Committee or Complaints Committee (as the case may be) must complete its inquiry is extended until and including the 7th day after the termination of the mediation. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s48
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 48
title: Withdrawal of matter
content:
48. —(1) If a complainant withdraws the matter at any time — ( a ) before an Inquiry Committee is appointed to inquire into the matter; ( b ) after an Inquiry Committee is appointed but before the Inquiry Committee takes any action under section 43(3); ( c ) before a Complaints Committee is appointed to inquire into the matter; or ( d ) after a Complaints Committee is appointed but before the Complaints Committee takes any action under section 46(1) or (2), the Medical Council may, despite the withdrawal, give directions to — ( e ) in the case mentioned in paragraph ( a ) or ( c ) — the chairman of the Complaints Panel; ( f ) in the case mentioned in paragraph ( b ) — the Inquiry Committee; or ( g ) in the case mentioned in paragraph ( d ) — the Complaints Committee, for the continuation of the inquiry as if the matter were not withdrawn. (2) Where the Medical Council gives directions under subsection (1) to the chairman of the Complaints Panel, an Inquiry Committee or a Complaints Committee, the chairman, the Inquiry Committee and the Complaints Committee (as the case may be) must comply with the direction as if the matter had been a complaint made by the Medical Council. (3) The Medical Council may do any of the following in relation to a matter despite the withdrawal of the matter by the complainant: ( a ) refer the matter to the President of the Disciplinary Commission for the appointment of a Disciplinary Tribunal under section 40(7); ( b ) refer the matter to a Health Committee under section 46(5); ( c ) proceed under section 46(6)( b ) and section 46(7) or (8). (4) If a complainant withdraws the matter before the conclusion of the inquiry into the matter by a Disciplinary Tribunal or a Health Committee, the Medical Council may inform the Disciplinary Tribunal or Health Committee (as the case may be) to continue the inquiry despite the withdrawal, and all the future proceedings arising or following from the direction are to be taken as if the matter had been a complaint made by the Medical Council. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s49
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 49
title: Inquiry Committee or Complaints Committee may make costs orders
content:
49. —(1) Where an Inquiry Committee makes a decision under section 43(3)( a ) or a Complaints Committee is of the opinion that the matter is frivolous, vexatious, misconceived or lacking in substance and dismisses the matter under section 46(1)( h ), the Inquiry Committee or Complaints Committee (as the case may be) may, after hearing the complainant (if the complainant desires to be heard) — ( a ) order that the costs of the matter be paid by the complainant; and ( b ) in such order, specify the amount of those costs or direct that the amount be taxed by the Registrar of the Supreme Court. (2) An Inquiry Committee or a Complaints Committee in exercising its discretion as to costs may take into account the parties’ conduct in relation to any attempt at resolving the matter by mediation or any other means of dispute resolution. (3) The General Division of the High Court has jurisdiction to tax any costs mentioned in subsection (1) and any order for costs made by the General Division of the High Court is enforceable as if it were ordered in connection with a civil action in the General Division of the High Court. (4) Any person who is aggrieved by an order under subsection (1) may, within 14 days after being notified of the order, appeal to the General Division of the High Court. (5) An appeal under subsection (4) may be made by originating application. [Act 25 of 2021 wef 01/07/2022] [Act 34 of 2020 wef 01/07/2022] Division 6 &#x2014; Investigations and assessments


document_id: mra-1997
provision_ref: s50
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 50
title: Conduct of investigation by investigator
content:
50. —(1) Where — ( a ) an Inquiry Committee, a Complaints Committee or a Disciplinary Tribunal (called in this section the instructing committee) directs an investigation under section 43(3)( b )(ii) or ( c ), 45(7)( b ) or 59A(9), as the case may be; and ( b ) the instructing committee is of the opinion that the registered medical practitioner should be called upon to answer any allegation made against him, the instructing committee must give the registered medical practitioner written notice of the investigation and invite the registered medical practitioner to give to the investigator, within the period (not exceeding 21 days after the date of the notice), any written explanation he may wish to offer, containing all relevant information and accompanied by every relevant document that is in the possession of the registered medical practitioner. (2) The registered medical practitioner may, at any time before the expiration of the period specified for the submission of the written explanation, make not more than one application to the instructing committee for an extension of the period, and the extension must not exceed 21 days. (3) In the course of an investigation mentioned in subsection (1), a relevant Complaints Committee may authorise in writing the investigator to do one or both of the following: ( a ) in the case of a complaint mentioned in section 40(3)( b ) — obtain the consent of the registered medical practitioner to undergo a performance assessment in accordance with section 52; ( b ) in the case of any information mentioned in section 40(4)( d ) — obtain the consent of the registered medical practitioner to undergo a fitness assessment in accordance with section 53. (4) Where an investigator requests the consent of the registered medical practitioner under subsection (3), the registered medical practitioner must respond within such time as the investigator may specify in the request. (5) If the registered medical practitioner — ( a ) declines to undergo a performance assessment or fitness assessment requested under subsection (3); ( b ) having consented to undergo a performance assessment or fitness assessment, subsequently fails to participate in the assessment or refuses to cooperate with any assessor carrying out the assessment; or ( c ) does not respond to the investigator’s request within the time mentioned in subsection (4), the investigator must make a report to the relevant Complaints Committee under section 51, and the relevant Complaints Committee may proceed with the inquiry and take such action as it thinks fit under section 46. (6) Where, in the course of an investigation mentioned in subsection (1), an investigator receives any information that relates to the registered medical practitioner who is the subject of the investigation and that is not related to the subject matter of the investigation but may give rise to proceedings under this Part, the investigator must make a report to the Medical Council. (7) Where, in the course of an investigation mentioned in subsection (1), an investigator receives any information relating to another registered medical practitioner which may give rise to proceedings under this Part, the investigator must make a report to the Medical Council. (8) In this section and sections 52 and 53, “relevant Complaints Committee” means — ( a ) the Complaints Committee appointed to inquire into any complaint or information that is the subject of the investigation; or ( b ) the Complaints Committee which has directed the investigation under section 45(7)( b ), as the case may be. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s51
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 51
title: Investigation report and information obtained in course of investigation or inquiry
content:
51. —(1) Upon completing an investigation into any complaint or information, the investigator must submit a report on the findings of the investigation to — ( a ) in the case of an investigation directed by an Inquiry Committee under section 43(3)( b )(ii) or ( c ) — the Complaints Committee that is appointed to inquire into the complaint or information, or if no Complaints Committee has been appointed, the chairman of the Complaints Panel; ( b ) in the case of an investigation directed by a Complaints Committee under section 45(7)( b ) — the Complaints Committee; or ( c ) in the case of an investigation directed by a Disciplinary Tribunal under section 59A(9) — the Disciplinary Tribunal. (2) The report of the investigator (called in this Part an investigation report) must contain any written explanation given by the registered medical practitioner under section 50(1). (3) A person must not disclose the contents of any investigation report or any information contained in any document which was obtained in the course of any investigation or inquiry commenced under this Part to any other person, including the registered medical practitioner concerned, except — ( a ) where the chairman of the Complaints Panel, Complaints Committee or Disciplinary Tribunal (as the case may be) to which the investigation report is submitted considers that there are compelling reasons to do so; or ( b ) where such disclosure is required for the purpose of administering or enforcing this Act or the Infectious Diseases Act 1976 * . [Act 34 of 2020 wef 01/07/2022] [*Updated to be consistent with the 2020 Revised Edition]


document_id: mra-1997
provision_ref: s52
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 52
title: Performance assessment
content:
52. —(1) If a registered medical practitioner consents to undergo a performance assessment under section 50(3)( a ), the quality of professional services provided by the registered medical practitioner must be assessed by a Performance Assessment Panel appointed by the relevant Complaints Committee and comprising one or more suitably qualified persons determined by the relevant Complaints Committee. (2) A Performance Assessment Panel is to carry out the performance assessment in accordance with — ( a ) the provisions of this Division; ( b ) any practice and procedure determined by the Medical Council for performance assessments; and ( c ) any instructions issued by the relevant Complaints Committee for the performance assessment. (3) The registered medical practitioner under assessment must, if required by a Performance Assessment Panel — ( a ) within such time and at such place as the Panel may reasonably require, produce to the Panel or give the Panel access to any record or document — (i) specified by the Panel or of a class or description so specified; (ii) which is in the possession or under the control of the registered medical practitioner; and (iii) which the Panel reasonably believes is or may be relevant to the performance assessment; ( b ) give the Panel such explanation or further particulars in respect of anything produced in compliance with a requirement under paragraph ( a ) as the Panel may specify; and ( c ) give the Panel all assistance in connection with the performance assessment which the registered medical practitioner is reasonably able to give. (4) Where any information or matter relevant to a performance assessment is recorded otherwise than in a legible form, the Performance Assessment Panel may require the registered medical practitioner to produce to the Panel a reproduction of such information or matter, or the relevant part of the information or matter, in a legible form. (5) A Performance Assessment Panel may inspect, examine or make copies of or take any abstract of or extract from any record or document produced under subsection (3) or (4). (6) A Performance Assessment Panel must submit a report of its assessment to the relevant Complaints Committee and, with the approval of the relevant Complaints Committee, the registered medical practitioner. (7) The relevant Complaints Committee, or the investigator with the approval of the relevant Complaints Committee, may discuss with the registered medical practitioner under assessment the report mentioned in subsection (6) and, in the case of an adverse finding in the report, the possible ways of dealing with that finding. (8) If, at any time before the report mentioned in subsection (6) is submitted to the relevant Complaints Committee — ( a ) the relevant Complaints Committee instructs the discontinuation of the performance assessment; or ( b ) the relevant Complaints Committee completes its inquiry, the performance assessment is discontinued from the date paragraph ( a ) or ( b ) occurs, whichever is earlier. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s53
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 53
title: Fitness assessment
content:
53. —(1) If a registered medical practitioner consents to undergo a fitness assessment under section 50(3)( b ), the registered medical practitioner’s fitness to practise medicine by reason of his physical or mental condition must be assessed by a Fitness Assessment Panel appointed by the relevant Complaints Committee and comprising one or more suitably qualified persons determined by the relevant Complaints Committee. (2) A Fitness Assessment Panel must carry out the fitness assessment in accordance with — ( a ) the provisions of this Division; ( b ) any practice and procedure determined by the Medical Council for fitness assessments; and ( c ) any instructions issued by the relevant Complaints Committee for the fitness assessment. (3) A Fitness Assessment Panel must submit a report of its assessment to the relevant Complaints Committee and, with the approval of the relevant Complaints Committee, provide a copy of the report to the registered medical practitioner. (4) The relevant Complaints Committee, or the investigator with the approval of the relevant Complaints Committee, may discuss with the registered medical practitioner under assessment the report mentioned in subsection (3) and, in the case of an adverse finding in the report, the possible ways of dealing with that finding. (5) If, at any time before the report mentioned in subsection (3) is submitted to the relevant Complaints Committee — ( a ) the relevant Complaints Committee instructs the discontinuation of the fitness assessment; or ( b ) the relevant Complaints Committee completes its inquiry, the fitness assessment is discontinued from the date paragraph ( a ) or ( b ) occurs, whichever is earlier. [Act 34 of 2020 wef 01/07/2022] Division 7 &#x2014; Review by Review Committee


document_id: mra-1997
provision_ref: s54
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 54
title: Request for review
content:
54. —(1) A registered medical practitioner who is aggrieved by any direction or decision of a Complaints Committee under section 46(1) may, within 14 days after being notified under section 46(12), request for a review by a Review Committee whose decision is final. (2) If the complainant is dissatisfied with any direction or decision of a Complaints Committee under section 46(1), he may, within 14 days after being notified under section 46(12), request for a review by a Review Committee whose decision is final. (3) Where a complaint is made or any matter or information is referred by the Medical Council under section 40(6)( a ) and the Medical Council is dissatisfied with any direction or decision of a Complaints Committee under section 46(1), the Medical Council may within 14 days after receipt of the report under section 46(13), request for a review by a Review Committee whose decision is final. (4) A request for a review under this section must be made to the chairman of the Complaints Panel. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s55
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 55
title: Appointment of Review Committee
content:
55. —(1) The chairman of the Complaints Panel must, within 3 weeks after receipt of a request for review under section 54, appoint from among the members of the Complaints Panel, a Review Committee consisting of — ( a ) one registered medical practitioner of at least 10 years’ standing; ( b ) one legal professional; and ( c ) one lay person. (2) The chairman of a Review Committee is a member of that Committee so appointed by the chairman of the Complaints Panel. (3) A member of — ( a ) an Inquiry Committee; or ( b ) a Complaints Committee, is disqualified from acting as a member of a Review Committee reviewing and determining the same matter as the Inquiry Committee or Complaints Committee. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s56
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 56
title: Review by Review Committee
content:
56. —(1) A Review Committee must, within 3 months after the date of its appointment, complete its review and report its determination to the Medical Council. (2) The chairman of the Complaints Panel may, upon a written request by a Review Committee, grant to the Review Committee one (but not more than one) extension of the period mentioned in subsection (1) if the chairman is satisfied that the circumstances of the case justify the grant of the extension, except that the extension must not extend beyond the period of 6 months after the date of the appointment of the Review Committee. (3) The Medical Council may, upon a written request by a Review Committee, apply to the General Division of the High Court in accordance with section 59U for a further extension of time that extends beyond the period mentioned in subsection (2) for the Review Committee to report its determination to the Medical Council. (4) A Review Committee may, at the conclusion of its review, only make one or both of the following orders: ( a ) an order that the Complaints Committee has complied with all the procedural requirements under this Act and any regulations governing an inquiry by a Complaints Committee; ( b ) an order directing the Complaints Committee to conduct a further inquiry into or rehear the complaint or matter, where the Review Committee is satisfied that — (i) the Complaints Committee has not complied with any of those requirements; or (ii) any new evidence submitted to the Review Committee is material to the complaint or matter. (5) Where a Review Committee makes an order under subsection (4)( b ), the Review Committee must give a further direction to the Complaints Committee to complete the further inquiry or rehearing within such period (not exceeding 3 months after the date of the order) as may be specified by the Review Committee. (6) Section 45(3), (4), (5), (6) and (7) applies to, or in relation to, a Complaints Committee that is given an order under subsection (4)( b ) to conduct a further inquiry into or rehear the complaint or matter as if the Complaints Committee were conducting a new inquiry, and — ( a ) for the purposes of section 45(3), the date of the Review Committee’s order under subsection (4)( b ) is the date that the complaint or information is referred to the Complaints Committee; and ( b ) for the purposes of section 45(7), the Complaints Committee may direct an investigation even if a previous investigation was directed by an Inquiry Committee under section 43(3)( b )(ii) or ( c ) prior to the order under subsection (4)( b ). [Act 34 of 2020 wef 01/07/2022] Division 8 &#x2014; Disciplinary Commission and
Disciplinary Tribunals


document_id: mra-1997
provision_ref: s57
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 57
title: Disciplinary Commission
content:
57. —(1) The Minister may appoint a Disciplinary Commission consisting of — ( a ) the President of the Disciplinary Commission who must be a registered medical practitioner of at least 20 years’ standing; ( b ) such number of registered medical practitioners as the Minister may determine, each of at least 10 years’ standing; and ( c ) such number of legal professionals as the Minister may determine. (2) The Disciplinary Commission has the following functions: ( a ) to appoint Disciplinary Tribunals; ( b ) to oversee the training of members of the Complaints Panel and Health Committees; ( c ) to oversee the procedures and processes of Disciplinary Tribunals; ( d ) to maintain such information and records as may be prescribed; ( e ) to publish such information in such manner as may be prescribed. (3) In addition to the functions conferred by this section, the Disciplinary Commission may undertake such other functions as the Minister may assign to the Commission, by notification in the Gazette , and in so undertaking — ( a ) the Commission is deemed to be fulfilling the purposes of this Act; and ( b ) the provisions of this Act apply to the Commission in respect of those other functions and duties. (4) A member of the Disciplinary Commission mentioned in subsection (1)( a ), ( b ) or ( c ) is appointed for a term of 3 years and is eligible for re‑appointment. (5) The President of the Disciplinary Commission may delegate to any other member of the Commission who is a registered medical practitioner any of the duties of the President of the Disciplinary Commission. (6) A member of the Disciplinary Commission must not be appointed a member of an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal, a Health Committee or an Interim Orders Committee except with the approval of the President of the Disciplinary Commission. (7) The Disciplinary Commission may — ( a ) appoint one or more committees for any general or special purpose which in the opinion of the Commission may be better regulated or managed by a committee; and ( b ) delegate to any committee appointed under paragraph ( a ), with or without restrictions or conditions, any of the powers or functions of the Commission. (8) The number and term of office of the members of a committee appointed under subsection (7) and the number of those members necessary to form a quorum are to be fixed by the Disciplinary Commission. (9) A committee appointed under subsection (7) may include one or more persons who are not members of the Disciplinary Commission. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s58
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 58
title: Appointment of Disciplinary Tribunals
content:
58. —(1) Subject to section 59, the President of the Disciplinary Commission may appoint a Disciplinary Tribunal consisting of — ( a ) 2 members of the Complaints Panel who are registered medical practitioners of at least 10 years’ standing; and ( b ) one other member of the Complaints Panel who is a legal professional, to conduct a formal inquiry into any matter referred to the President of the Disciplinary Commission under section 40(7) or 46(8). (2) Subject to section 59, the chairman of a Disciplinary Tribunal is a member of that Tribunal so designated by the President of the Disciplinary Commission, and where the President of the Disciplinary Commission designates a registered medical practitioner as the chairman of the Disciplinary Tribunal, that registered medical practitioner must have at least 20 years’ standing. (3) A member of an Inquiry Committee, a Complaints Committee, a Review Committee, a Health Committee or an Interim Orders Committee is disqualified from acting as a member of a Disciplinary Tribunal conducting an inquiry into the same matter as the Inquiry Committee, Complaints Committee, Review Committee, Health Committee or Interim Orders Committee, as the case may be. (4) A Disciplinary Tribunal may be appointed in connection with one or more matters, as the President of the Disciplinary Commission thinks fit. (5) The President of the Disciplinary Commission may at any time — ( a ) revoke the appointment of a Disciplinary Tribunal; ( b ) remove any member of a Disciplinary Tribunal; ( c ) fill any vacancy in a Disciplinary Tribunal; or ( d ) where the appointment of a Disciplinary Tribunal has been revoked under paragraph ( a ) or a Disciplinary Tribunal is for any reason unable to continue with an inquiry, appoint another Disciplinary Tribunal in place of the firstmentioned Disciplinary Tribunal to continue with the inquiry. (6) The Disciplinary Tribunal that is appointed under subsection (5)( d ) may, with the consent of the President of the Disciplinary Commission and the registered medical practitioner to whom the matter relates, and having regard to the evidence given, the arguments adduced and any order made during the proceedings before the previous Disciplinary Tribunal, conduct a formal inquiry into the matter afresh. (7) The production of any written instrument purporting to be signed by the President of the Disciplinary Commission and making an appointment, a revocation or a removal mentioned in this section constitutes prima facie evidence that such appointment, revocation or removal has been duly made. (8) Every member of a Disciplinary Tribunal is to be paid such remuneration as the President of the Disciplinary Commission may determine. (9) No act done by or under the authority of a Disciplinary Tribunal is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them. (10) The chairman of a Disciplinary Tribunal may at any time summon a meeting of the Disciplinary Tribunal. (11) All the members of a Disciplinary Tribunal must be personally present at any meeting of that Tribunal to constitute a quorum for the transaction of any business. (12) All the members of a Disciplinary Tribunal present at any meeting of that Tribunal must vote on any question arising at the meeting, and such question must be determined by a majority of votes. (13) However, if any member of a Disciplinary Tribunal — ( a ) has his appointment revoked or is removed under subsection (5); or ( b ) is unable through death, illness or any other cause to continue with the formal inquiry of the matter, the Disciplinary Tribunal must not make any decision on any question mentioned in subsection (12) until that vacancy is filled. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59
title: Appointment of Disciplinary Tribunal by Chief Justice
content:
59. —(1) Where the President of the Disciplinary Commission is of the opinion that it would be appropriate for a Disciplinary Tribunal to be chaired by a Supreme Court Judge or a Judicial Commissioner, the President of the Disciplinary Commission is to apply to the Chief Justice to appoint the Disciplinary Tribunal, and the Chief Justice may appoint the Disciplinary Tribunal by — ( a ) appointing a Supreme Court Judge or a Judicial Commissioner as chairman of the Disciplinary Tribunal; and ( b ) after consulting the President of the Disciplinary Commission, appointing 2 members of the Complaints Panel who are registered medical practitioners each of at least 10 years’ standing, as members of the Disciplinary Tribunal. (2) In relation to any Disciplinary Tribunal appointed under subsection (1) — ( a ) the Chief Justice may exercise the powers of the President of the Disciplinary Commission under section 58(4) to (8); and ( b ) a reference in section 58(4) to (8) to the President of the Disciplinary Commission is a reference to the Chief Justice. (3) For any Disciplinary Tribunal appointed under subsection (1), the Chief Justice may delegate the exercise of all or any of the powers conferred or duties imposed upon the Chief Justice by subsection (2) and section 59A(11)( a ) to any Supreme Court Judge (other than one who is the chairman of the Disciplinary Tribunal), subject to any condition that the Chief Justice may specify. (4) Where there is a delegation of any power or duty to a Supreme Court Judge under subsection (3), any reference in relation to that power or duty in this Division to the President of the Disciplinary Commission mentioned in subsection (2)( b ) is a reference to the Supreme Court Judge who is delegated the power or duty. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59A
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59A
title: Proceedings of Disciplinary Tribunal
content:
59A. —(1) A Disciplinary Tribunal may meet from time to time to inquire into any matter mentioned in section 58(1) and may, subject to any rules made under section 70A, regulate its own procedure. (2) A member of a Disciplinary Tribunal who ceases to be a member of the Complaints Panel on the expiration of his term of office is taken to be a member of the Disciplinary Tribunal until the completion of the work by the Disciplinary Tribunal. (3) The registered medical practitioner concerned may appear in person before the Disciplinary Tribunal or be represented by counsel. (4) A Disciplinary Tribunal is not bound to act in a formal manner and is not bound by the provisions of the Evidence Act 1893 * or by any other law relating to evidence but may inform itself on any matter in such manner as it thinks fit. [*Updated to be consistent with the 2020 Revised Edition] (5) A Disciplinary Tribunal may, for the purposes of any proceedings before it, administer oaths and any party to the proceedings may take out a subpoena to testify or a subpoena to produce documents. (6) The subpoenas mentioned in subsection (5) must be served and may be enforced as if they were orders to attend court or orders to produce documents issued in connection with a civil action in the General Division of the High Court. [Act 25 of 2021 wef 01/07/2022] (7) Any person giving evidence before a Disciplinary Tribunal is legally bound to tell the truth. (8) Every witness has the same privileges and immunities in relation to hearings before a Disciplinary Tribunal as if such hearings were proceedings in a court of law. (9) Where a Disciplinary Tribunal is appointed to conduct a formal inquiry into any complaint or information referred to the President of the Disciplinary Commission under section 40(7) — ( a ) the Disciplinary Tribunal may direct an investigator appointed under section 60A to investigate the complaint or information; and ( b ) the investigator may exercise one or more of the powers under that section in carrying out the investigator’s functions and duties under this Part. (10) A Disciplinary Tribunal must carry out its work expeditiously, and must make its finding and order within 6 months after the date of the appointment of the Disciplinary Tribunal. (11) Where a Disciplinary Tribunal is of the opinion that it will not be able to make its finding and order within the period mentioned in subsection (10) — ( a ) in the case of a Disciplinary Tribunal appointed under section 59(1) — (i) the chairman of the Disciplinary Tribunal may apply in writing to the Chief Justice for one or more extensions of time to make its finding and order; and (ii) the Chief Justice may, subject to such conditions as the Chief Justice may impose, grant — (A) one or more extensions of time, each not exceeding 9 months; or (B) if there are circumstances beyond the control of the Disciplinary Tribunal that necessitate an extension of time that exceeds 9 months, one or more extensions of time, each exceeding 9 months; or [Act 19 of 2025 wef 05/12/2025] ( b ) in any other case — the chairman of the Disciplinary Tribunal may apply in writing to the President of the Disciplinary Commission for an extension of time to make its finding and order. (12) Upon receiving an application under subsection (11)( b ), the President of the Disciplinary Commission may, if the President of the Disciplinary Commission is satisfied that the circumstances of the case justify the grant of an extension, grant the Disciplinary Tribunal one (but not more than one) extension of the period mentioned in subsection (10), except that the extension must not extend beyond the period of 9 months after the date of the appointment of that Disciplinary Tribunal. (13) The Medical Council may, upon a written request by a Disciplinary Tribunal, apply to the General Division of the High Court in accordance with section 59U for a further extension of time that extends beyond the period mentioned in subsection (12) to make its finding and order. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59B
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59B
title: Appointment of experts and legal counsel
content:
59B. —(1) For the purposes of any formal inquiry by a Disciplinary Tribunal, the Disciplinary Tribunal may appoint one or more of the following: ( a ) one or more independent experts; ( b ) an advocate and solicitor to advise that Disciplinary Tribunal on any legal matter relating to the inquiry. (2) In appointing any expert under subsection (1)( a ), the Disciplinary Tribunal must hear the views of the registered medical practitioner concerned and the Medical Council. (3) The Disciplinary Tribunal may, instead of or in addition to appointing its experts under subsection (1)( a ), allow the registered medical practitioner concerned and the Medical Council to appoint their respective experts. (4) An expert or advocate and solicitor appointed under subsection (1) may be paid remuneration of an amount and by one or more persons to be determined by the Disciplinary Tribunal. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59C
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59C
title: Referral and transfer of cases to Health Committee
content:
59C. —(1) Where, in the course of inquiring into the case of a registered medical practitioner, it appears to a Disciplinary Tribunal that his fitness to practise medicine may be impaired by reason of his physical or mental condition, the Disciplinary Tribunal may refer that question to a Health Committee for determination. (2) If, on a referral under subsection (1), the Health Committee determines that the fitness of the registered medical practitioner to practise medicine is not impaired by reason of his physical or mental condition, the Health Committee must certify its opinion to the Disciplinary Tribunal. (3) If, on a referral under subsection (1), the Health Committee determines that the fitness of the registered medical practitioner to practise medicine is impaired by reason of his physical or mental condition, the Health Committee must — ( a ) certify its opinion to the Disciplinary Tribunal; and ( b ) proceed to dispose of the case in accordance with section 59I, and the Disciplinary Tribunal ceases to exercise its function in relation to the case. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59D
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59D
title: Findings of Disciplinary Tribunal
content:
59D. —(1) Where a registered medical practitioner is found by a Disciplinary Tribunal — ( a ) to have been convicted in Singapore or elsewhere of any offence implying a defect in character which makes him unfit to practise medicine; ( b ) to have been guilty of such improper act or conduct which, in the opinion of the Disciplinary Tribunal, brings disrepute to his profession; ( c ) to have been guilty of professional misconduct; or ( d ) to have failed to provide professional services of the quality that is reasonable to expect of him, the Disciplinary Tribunal may make one or more orders under subsection (2). (2) For the purposes of subsection (1), the Disciplinary Tribunal may — ( a ) by order remove the name of the registered medical practitioner from the appropriate register; ( b ) by order suspend the registration of the registered medical practitioner in the appropriate register for a period not exceeding 3 years; ( c ) where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners — by order remove his name from Part I of that Register and register him instead as a medical practitioner with conditional registration in Part II of that Register, and section 21(4), (6), (7), (8) and (9) applies accordingly; ( d ) where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners — by order impose additional appropriate conditions or restrictions on his registration or vary the conditions or restrictions already imposed under section 21, 23 or 24, as the case may be; ( e ) by order impose on the registered medical practitioner a penalty not exceeding $100,000; ( f ) order that the registered medical practitioner be censured in writing; ( g ) by order require the registered medical practitioner to give such undertaking as the Disciplinary Tribunal thinks fit to abstain in future from the conduct complained of; or ( h ) make such other order as the Disciplinary Tribunal thinks fit, including any action that a Complaints Committee may take under section 46(1). (3) In any proceedings instituted under this Part against a registered medical practitioner consequent upon his conviction for a criminal offence, a Disciplinary Tribunal and the General Division of the High Court on appeal from any order of the Disciplinary Tribunal are to accept his conviction as final and conclusive. (4) Where a registered medical practitioner is not found by a Disciplinary Tribunal to have been convicted or guilty of any of the matters mentioned in subsection (1), the Disciplinary Tribunal must dismiss the matter mentioned in section 58(1). (5) A Disciplinary Tribunal may under subsection (2) order the registered medical practitioner concerned to pay to the Medical Council such sums as it thinks fit in respect of costs and expenses of and incidental to any proceedings before the Disciplinary Tribunal and, where applicable, an Interim Orders Committee. (6) The General Division of the High Court has jurisdiction to tax any costs mentioned in subsection (5) and any order for costs made by the General Division of the High Court is enforceable as if it were ordered in connection with a civil action in the General Division of the High Court. (7) The Disciplinary Tribunal in ordering that costs be paid by the registered medical practitioner under this section may certify that costs for more than one advocate and solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the Disciplinary Tribunal has the same effect as if it were a certification by a Judge in a civil action in the General Division of the High Court. (8) The costs and expenses mentioned in subsection (5) include — ( a ) the costs and expenses of any advocate and solicitor appointed by the Medical Council for proceedings before the Disciplinary Tribunal and, where applicable, the Interim Orders Committee, and any expert appointed by the Medical Council under section 59B(3); ( b ) such reasonable expenses as the Medical Council may pay to witnesses; and ( c ) such reasonable expenses as are necessary for the conduct of proceedings before the Disciplinary Tribunal and the Interim Orders Committee. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59E
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59E
title: Further orders by Disciplinary Tribunal
content:
59E. —(1) Where a registered medical practitioner, in respect of whom an order under subsection (2) or (3) or section 59D(2)( c ) or ( d ), 59L(1)( b ) or 59N(1)( d ) is made, is found by a Disciplinary Tribunal (whether, in the case of an order under subsection (2) or (3) or section 59D(2)( c ) or ( d ), it is the Disciplinary Tribunal that made the order or another Disciplinary Tribunal appointed in its place) to have failed to comply with any of the requirements imposed on him as conditions or restrictions of his registration, the Disciplinary Tribunal may, if it thinks fit, by order — ( a ) remove his name from the appropriate register; or ( b ) suspend his registration in the appropriate register for such period not exceeding 12 months as may be specified in the order. (2) Where a Disciplinary Tribunal has made an order for suspension under subsection (1)( b ) or section 59D(2)( b ), the Disciplinary Tribunal may make an order under section 59D(2)( c ) or ( d ), to take effect immediately after the expiration of the current period of suspension. (3) Where a Disciplinary Tribunal has made an order for suspension under subsection (1)( b ) or section 59D(2)( b ) against a registered medical practitioner and he has failed to comply with that order, the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may, if it thinks fit — ( a ) by order remove his name from the appropriate register; or ( b ) make an order under section 59D(2)( c ) or ( d ), to take effect immediately after the expiration of the current period of suspension. (4) Where a Disciplinary Tribunal has made an order under section 59D(2)( c ) or ( d ), the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may revoke the order or revoke or vary any of the conditions or restrictions imposed by that order. (5) Where a Disciplinary Tribunal has made an order under section 59D or this section, or has varied the conditions or restrictions imposed by an order under section 59D or this section, the Registrar must immediately serve on the registered medical practitioner and on the complainant a notice of the order or the variation. (6) On making an order for the removal of the name of a registered medical practitioner from the appropriate register or for the suspension of his registration under subsection (1) or (3) or section 59D(2)( a ) or ( b ), a Disciplinary Tribunal, if satisfied that to do so — ( a ) is necessary for the protection of members of the public or is otherwise in the public interest; or ( b ) would be in the best interests of the registered medical practitioner concerned, may order that, despite section 59F(1) or an appeal under section 59G — ( c ) the registered medical practitioner’s name be removed from the appropriate register immediately; or ( d ) the registered medical practitioner’s registration in the register be suspended immediately. (7) Where an order under subsection (6) is made, the Registrar must immediately serve a notice of the order on the person to whom it applies and — ( a ) if that person was present or represented at the proceedings of the Disciplinary Tribunal, the order takes effect from the time the order is made; or ( b ) if that person was neither present nor represented at the proceedings of the Disciplinary Tribunal, the order takes effect from the date of service of the notice on him. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59F
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59F
title: When order by Disciplinary Tribunal takes effect
content:
59F. —(1) Subject to section 59E(6), an order made by a Disciplinary Tribunal for the removal of the name of a registered medical practitioner from the appropriate register or for the suspension of the registered medical practitioner’s registration under section 59D(2)( a ) or ( b ) or 59E(1) or (3), does not take effect until the expiration of 30 days after the order is made. (2) An order of a Disciplinary Tribunal, other than an order for the removal of any name or for the suspension of any registration under section 59D(2)( a ) or ( b ) or 59E(1) or (3), takes effect from the date the order is made. (3) While any order for the suspension of any registration remains in force, the person concerned is not regarded as being registered even though his name still appears in the register concerned; but on the expiration of such order, his rights and privileges as a registered medical practitioner are to be revived immediately after the date of such expiration but only if the person concerned has complied with all the terms of the order. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59G
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59G
title: Appeal against Disciplinary Tribunal’s decision or order
content:
59G. —(1) If the registered medical practitioner concerned or the Medical Council is dissatisfied with a decision of or an order by the Disciplinary Tribunal mentioned in section 59D(2), (4) or (5) or 59E, the registered medical practitioner or the Medical Council may, within 30 days after the service on the registered medical practitioner of the notice of the decision or order, appeal to the General Division of the High Court against the decision or order. (2) An appeal under this section is to be heard by 3 Judges of the General Division of the High Court and from the decision of the General Division of the High Court there is to be no appeal. (3) In any appeal to the General Division of the High Court against a decision or an order mentioned in section 59D(2), (4) or (5) or 59E, the General Division of the High Court is to accept as final and conclusive any finding of the Disciplinary Tribunal relating to any issue of medical ethics or standards of professional conduct unless such finding is in the opinion of the General Division of the High Court unsafe, unreasonable or contrary to the evidence. (4) Despite sections 59D, 59E and 59F, where an appeal has been made to the General Division of the High Court against a decision or an order of the Disciplinary Tribunal mentioned in section 59D(2) or 59E (called in this section a relevant order), the relevant order is not to take effect until after — ( a ) the relevant order is confirmed by the General Division of the High Court; ( b ) the appeal is for any reason dismissed by the General Division of the High Court; or ( c ) the appeal is withdrawn. (5) Subsection (4) does not apply if, at the time of making the relevant order — ( a ) where a relevant order is made under section 59D(2)( a ) or ( b ) or 59E(1) or (3) — the Disciplinary Tribunal makes an order under section 59E(6)( c ) or ( d ); or ( b ) in any other case — the Disciplinary Tribunal orders that the relevant order take effect immediately despite an appeal because doing so — (i) is necessary for the protection of members of the public or is otherwise in the public interest; or (ii) would be in the best interests of the registered medical practitioner concerned. [Act 34 of 2020 wef 01/07/2022] Division 9 &#x2014; Health Committees


document_id: mra-1997
provision_ref: s59H
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59H
title: Appointment of Health Committees
content:
59H. —(1) The Medical Council may, from time to time, appoint one or more Health Committees, each comprising 3 persons, at least one of whom must be a member of the Medical Council. (2) The Medical Council must appoint as the chairman of a Health Committee — ( a ) if the Health Committee has only one member of the Medical Council — that member of the Medical Council; and ( b ) if the Health Committee has more than one member of the Medical Council — any of those members of the Medical Council as the Medical Council thinks fit. (3) A Health Committee is to inquire into any case or matter referred to it under this Act. (4) A Health Committee may be appointed in connection with one or more matters or for a fixed period of time as the Medical Council thinks fit. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59I
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59I
title: Unfitness to practise medicine through illness, etc.
content:
59I. —(1) Where a Health Committee determines that a registered medical practitioner’s fitness to practise medicine is impaired by reason of the registered medical practitioner’s physical or mental condition, the Health Committee may take one or more of the following actions: ( a ) by order suspend his registration in the appropriate register for such period not exceeding 12 months as may be specified in the order; ( b ) where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners — by order remove his name from Part I of that Register and register him instead as a medical practitioner with conditional registration in Part II of that Register, and section 21(4), (6), (7), (8) and (9) applies accordingly; ( c ) where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners — by order impose additional appropriate conditions or restrictions on his registration or vary the conditions or restrictions already imposed under section 21, 23 or 24, as the case may be; ( d ) recommend to the Medical Council that the name of the registered medical practitioner be removed from the appropriate register; ( e ) order that the registered medical practitioner pay to the Medical Council costs and expenses of and incidental to any inquiry or hearing by the Health Committee and, where applicable, an Interim Orders Committee. (2) Where the Medical Council accepts the recommendation of the Health Committee under subsection (1)( d ), the Medical Council must by order remove the name of the registered medical practitioner from the appropriate register and that order takes effect from the date the order is made. (3) Where a registered medical practitioner, in respect of whom an order under subsection (1)( b ) or ( c ), (4) or (5)( b ) or section 59L(1)( b ) or 59N(1)( d ) is made, is determined by a Health Committee to have failed to comply with any of the requirements imposed on him as conditions or restrictions of his registration, the Health Committee may, if it thinks fit, by order suspend his registration in the appropriate register for such period not exceeding 12 months as may be specified in the order. (4) Where a Health Committee has made an order for suspension under subsection (1)( a ) or (3), the Health Committee may make an order under subsection (1)( b ) or ( c ), to take effect from the expiration of the current period of suspension. (5) Where a Health Committee has made an order for suspension under subsection (1)( a ) or (3) against a person and that person has failed to comply with that order, the Health Committee may, if it thinks fit — ( a ) make a recommendation mentioned in subsection (1)( d ) to the Medical Council, and subsection (2) applies accordingly; or ( b ) make an order under subsection (1)( b ) or ( c ), to take effect immediately after the expiration of the current period of suspension. (6) Where a Health Committee has made an order under subsection (1)( b ) or ( c ), the Health Committee or another Health Committee appointed in its place may, on its own motion or on the application of the Medical Council or the registered medical practitioner, revoke the order or revoke or vary any of the conditions or restrictions imposed by the order. (7) An application under subsection (6) must not be made in respect of the same registered medical practitioner more than once in any period of 12 months. (8) Where a Health Committee has made an order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) under this section, the Registrar must immediately serve on the person to whom the order applies a notice of the order or of the revocation or variation. (9) While a person’s registration in a register is suspended by virtue of this section, the person is to be treated as not being registered in the register even though the person’s name still appears in it. (10) Section 59A(3) to (13) applies, with the necessary modifications, to a Health Committee as it applies to a Disciplinary Tribunal appointed under section 58 and for this purpose — ( a ) a reference in those provisions to a Disciplinary Tribunal is a reference to the Health Committee; and ( b ) a reference in those provisions to the President of the Disciplinary Commission is a reference to the Medical Council. (11) Any person who is aggrieved by an order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) made under this section may, within 30 days after the service on the person of the notice of the order, appeal to the Minister whose decision is final. (12) Any order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) made under this section takes effect from the date the order, revocation or variation is made unless the Minister decides otherwise. [Act 34 of 2020 wef 01/07/2022] Division 10 &#x2014; Interim Orders Committees


document_id: mra-1997
provision_ref: s59J
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59J
title: Interim Orders Committee
content:
59J. —(1) The Medical Council may, from time to time, appoint one or more committees each comprising 3 members who must each be a member of the Medical Council or the Complaints Panel, to be known for the purposes of this Act as Interim Orders Committees, to inquire into or review any matter under this Division. (2) An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time. (3) The chairman of the Complaints Panel, the President of the Disciplinary Commission, an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal or a Health Committee may refer any complaint or information, that was referred to the chairman, President, Committee or Tribunal (as the case may be), to the Medical Council for the purpose of — ( a ) appointing an Interim Orders Committee; or ( b ) referring the complaint or information to an Interim Orders Committee, for the Interim Orders Committee to determine whether an order should be made under section 59L(1). (4) Subject to subsection (5), the Medical Council may, on its own motion and at any time after any complaint or information is made, provided or referred under section 40(1) or (6)( a ), refer the complaint or information to an Interim Orders Committee for the purpose of determining whether an order should be made under section 59L(1). (5) The Medical Council must not refer any complaint or information to which section 42(1) or (2) applies to an Interim Orders Committee under subsection (4) at any time before the President of the Disciplinary Commission has assessed that it is in the public interest to refer the complaint or information to the chairman of the Complaints Panel under section 42(3)( a ). (6) The chairman of the Complaints Panel, or a member of an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal or a Health Committee, is disqualified from acting as a member of an Interim Orders Committee inquiring into and determining the same matter as the chairman, or the Inquiry Committee, Complaints Committee, Review Committee, Disciplinary Tribunal or Health Committee, as the case may be. (7) Where the Medical Council refers any complaint or information under subsection (4) to an Interim Orders Committee, any member of the Medical Council who participated in or influenced the making of the decision to make the referral is disqualified from acting as a member of the Interim Orders Committee inquiring into or reviewing the same matter. (8) A member of an Interim Orders Committee inquiring into or reviewing any matter is disqualified from acting as a member of an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal or a Health Committee inquiring into or reviewing the same matter, or taking part in any deliberation of the Medical Council in respect of the same matter under any provision of this Part. (9) Section 59A(3) to (9) applies, with the necessary modifications, to an Interim Orders Committee and to proceedings before it as it applies to a Disciplinary Tribunal appointed under section 58 and to proceedings before such Disciplinary Tribunal. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59K
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59K
title: Immediate interim orders
content:
59K. —(1) Subject to subsection (5), an Interim Orders Committee may, at any time after any complaint or information is referred to it but before an interim order is made under section 59L(1), make an immediate interim order against a registered medical practitioner without first giving the registered medical practitioner an opportunity to be heard if — ( a ) the Interim Orders Committee is satisfied that — (i) a court of law in Singapore has found that the registered medical practitioner has engaged in any conduct alleged in the complaint or information; and (ii) the conduct poses an imminent danger to the health or safety of any patient of the registered medical practitioner; or ( b ) the Medical Council certifies that the Medical Council is of the opinion that any conduct alleged in the complaint or information poses an imminent danger to the health or safety of any patient of the registered medical practitioner. (2) The Registrar must immediately notify the registered medical practitioner of the order made under subsection (1), and such order takes effect from the date the order is made. (3) An immediate interim order ceases to have effect from — ( a ) the date the Interim Orders Committee revokes the immediate interim order; ( b ) the date an interim order is made under section 59L(1) to replace the immediate interim order; or ( c ) where the registered medical practitioner has not, within one month after the date of the immediate interim order, been given an opportunity to be heard by the Interim Orders Committee on the question whether an interim order under section 59L(1) should be made — the expiration of one month after the date of the immediate interim order, whichever occurs first. (4) In this section, “immediate interim order” means an order — ( a ) that a registered medical practitioner’s registration in the appropriate register be suspended from the date of the order; or ( b ) that a registered medical practitioner’s registration be conditional on his compliance, from the date of the order, with such conditions or restrictions specified in the order as the Interim Orders Committee thinks fit to impose. (5) This section does not apply in relation to any complaint or information referred to an Interim Orders Committee if the Interim Orders Committee has made an interim order under section 59L(1) in respect of the same complaint or information. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59L
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59L
title: Interim orders
content:
59L. —(1) Subject to subsection (4), where, upon due inquiry into any complaint or information referred to an Interim Orders Committee, the Interim Orders Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or it is in the interests of the registered medical practitioner concerned, that his registration be suspended or be made subject to conditions or restrictions, the Interim Orders Committee may make an order — ( a ) that his registration in the appropriate register be suspended for a period not exceeding 18 months specified in the order (called in this Part an interim suspension order); or ( b ) that his registration be conditional on his compliance, during a period not exceeding 18 months, with such conditions or restrictions specified in the order as the Interim Orders Committee thinks fit to impose (called in this Part an interim restriction order). (2) An Interim Orders Committee must inquire into and decide on the complaint or information referred to it as soon as is practicable after the complaint or information is referred to it. (3) The Registrar must immediately notify the registered medical practitioner of the order made under subsection (1), and such order takes effect from the date the order is made. (4) An Interim Orders Committee must not make an order under subsection (1) at any time after the relevant proceedings are concluded. (5) For the purposes of subsection (4), the relevant proceedings are concluded when any one of the events mentioned in section 59Q(2)( a ), ( b ), ( c ) or ( d ) occurs. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59M
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59M
title: Review of interim orders
content:
59M. —(1) Subject to subsection (2), where an Interim Orders Committee has made an order under section 59L(1), the Interim Orders Committee or another Interim Orders Committee appointed in its place — ( a ) must review the order within the period of 6 months beginning on the date the order was made, and must, for so long as the order continues in force, further review it before the end of the period of 3 months beginning on the date of the decision of the immediately preceding review; and ( b ) may review the order where new evidence relevant to the order has become available after the making of the order. (2) Where the General Division of the High Court has extended an order under section 59P(2) or an Interim Orders Committee has made a replacement order under section 59N(1)( c ) or ( d ), the first review after such extension or making of the replacement order must take place — ( a ) if the order (or the order which has been replaced) had not been reviewed under subsection (1) — within the period of 6 months beginning on the date on which the General Division of the High Court ordered the extension or on which the replacement order was made, as the case may be; or ( b ) if the order (or the order which has been replaced) had been reviewed under subsection (1) — within the period of 3 months beginning on the date on which the General Division of the High Court ordered the extension or on which the replacement order was made. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59N
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59N
title: Interim Orders Committee may revoke, vary or replace interim order
content:
59N. —(1) Upon a review under section 59M or upon the recommendation of the chairman of the Complaints Panel, the President of the Disciplinary Commission, the Medical Council or any specified committee, the Interim Orders Committee that made an interim suspension order or interim restriction order under this section or section 59L(1) in relation to any registered medical practitioner may do any of the following: ( a ) revoke the order or revoke any condition or restriction imposed by the order; ( b ) make an order varying any condition or restriction imposed by the order; ( c ) in the case of an interim restriction order — if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered medical practitioner, or that the registered medical practitioner has not complied with any requirement imposed as a condition or restriction of his registration in the interim restriction order, replace that order with an interim suspension order having effect for the remainder of the period of the former; ( d ) in the case of an interim suspension order — if satisfied that the public interest or the interests of the registered medical practitioner would be more adequately served by an interim restriction order, replace the interim suspension order with an interim restriction order having effect for the remainder of the period of the former. (2) The Registrar must immediately notify the registered medical practitioner of the decision under subsection (1), and such order takes effect from the date the order is made. (3) For the purposes of subsection (1), a reference to an Interim Orders Committee that made an interim suspension order or interim restriction order includes a reference to another Interim Orders Committee appointed in its place. (4) In this section, “specified committee”, in relation to the registered medical practitioner against whom an interim suspension order or interim restriction order has been made, means an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal or a Health Committee appointed to conduct an inquiry or review (as the case may be) in relation to the complaint against or information about the registered medical practitioner. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59O
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59O
title: Right of hearing
content:
59O. —(1) An order under section 59L(1) or 59N(1)( b ), ( c ) or ( d ) must not be made by an Interim Orders Committee in respect of any registered medical practitioner unless he has been afforded an opportunity of appearing before the Interim Orders Committee and being heard on the question of whether such an order should be made in his case. (2) For the purposes of subsection (1), the registered medical practitioner may be represented before the Interim Orders Committee by counsel. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59P
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59P
title: Application to General Division of the High Court
content:
59P. —(1) The Medical Council may apply to the General Division of the High Court for an extension of the period for which an order made under section 59L(1) or 59N(1)( c ) or ( d ) has effect, and may apply again for one or more further extensions. (2) Upon an application under subsection (1), the General Division of the High Court may grant an extension (or a further extension) for a period not exceeding 12 months. (3) The General Division of the High Court may, upon application by the registered medical practitioner concerned — ( a ) in the case of an interim suspension order — revoke the order; ( b ) in the case of an interim restriction order — revoke the order or vary any condition or restriction imposed by the order; or ( c ) in either case — substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it). (4) An application under subsection (3) must be made within 14 days after the registered medical practitioner concerned is notified of the interim suspension order or interim restriction order under section 59L(3) or 59N(2), as the case may be. (5) An application under subsection (3) must be heard otherwise than in open court. (6) The General Division of the High Court may, upon an application by the registered medical practitioner, order that any information contained in any document relating to an application under subsection (3) must not be published or disclosed, unless — ( a ) the registered medical practitioner consents to the publication or disclosure; or ( b ) the General Division of the High Court is satisfied that the information if published or disclosed does not disclose any confidential information. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59Q
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59Q
title: Duration of interim orders
content:
59Q. —(1) An interim suspension order or an interim restriction order is in force until the earlier of the following: ( a ) the end of the period specified — (i) in the order; or (ii) if the period is extended under section 59P(2), in the order extending it; ( b ) the date on which the relevant proceedings are concluded. (2) For the purposes of subsection (1)( b ), the relevant proceedings are concluded when any one of the following occurs: ( a ) where an Inquiry Committee has been appointed to inquire into the complaint or information — the Inquiry Committee has under section 43 — (i) dismissed the complaint; or (ii) issued a letter of advice; ( b ) where a Complaints Committee has been appointed to inquire into the complaint or information — the Complaints Committee has taken an action under section 46(1) and — (i) no request for review under section 54(1), (2) or (3) was made to the Review Committee against that action within the period specified in that section; or (ii) such a request was made but withdrawn, or the Review Committee made an order under section 56(4)( a ) in relation to the request; ( c ) where a Disciplinary Tribunal has been appointed to inquire into the complaint or information — the Disciplinary Tribunal — (i) has made an order under section 59D(2) which has taken effect; or (ii) has dismissed the complaint or matter under section 59D(4); ( d ) where a Health Committee has been appointed to inquire into the matter — (i) the Health Committee has made an order under section 59I(1) which has taken effect; (ii) the Medical Council has made an order under section 59I(2) which has taken effect; or (iii) the Health Committee has dismissed the complaint or matter. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59R
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59R
title: Person suspended under interim suspension order not regarded as registered
content:
59R. —(1) While a person’s registration in the register is suspended by virtue of an interim suspension order, the person is not to be regarded as being registered even though the person’s name still appears in the register. (2) Upon the expiration or revocation of an interim suspension order, the person’s rights and privileges as a registered medical practitioner are revived immediately after the date of the expiration or revocation, but only if he has complied with all the terms of the order. (3) To avoid doubt, sections 40 to 59E, 59H and 59I continue to apply to a person whose registration in the register is suspended by or under an interim suspension order. [Act 34 of 2020 wef 01/07/2022] Division 11 &#x2014; Miscellaneous


document_id: mra-1997
provision_ref: s59S
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59S
title: Medical Council may appoint legal counsel
content:
59S. —(1) For the purposes of an inquiry under this Part by any Inquiry Committee, Complaints Committee, Review Committee, Health Committee or Interim Orders Committee, the Medical Council may appoint an advocate and solicitor to advise that Committee on any legal matter relating to the inquiry. (2) Where an advocate and solicitor is appointed under subsection (1), the Medical Council may pay the advocate and solicitor, as part of the expenses of the Medical Council, such remuneration as the Medical Council may determine. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59T
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59T
title: Restoration of names to register
content:
59T. —(1) This section applies in relation to a medical practitioner whose name has been removed from a register — ( a ) under section 38(2)( a ) or 46(1)( g )(i) or (3)( a ) or under section 37A(1)(i) or 49(1)( g )(i) as in force immediately before the date of commencement of section 7 of the Medical Registration (Amendment) Act 2020; ( b ) pursuant to an order made by a Disciplinary Tribunal under section 59D(2)( a ) or 59E(1)( a ) or (3)( a ) or under section 53(2)( a ) or 54(1)( a ) or (3)( a ) as in force immediately before that date; ( c ) on the recommendation of a Health Committee under section 59I(1)( d ) or under section 58(1)( d ) as in force immediately before that date; ( d ) pursuant to an order made by a Disciplinary Committee under section 45 or 46 as in force immediately before 1 December 2010; or ( e ) under section 22 of the repealed Medical Registration Act (Cap. 174, 1985 Ed.). (2) Subject to subsections (3) and (4), the Medical Council may, upon an application for restoration by the medical practitioner mentioned in subsection (1), if it thinks fit — ( a ) restore his name to the register; or ( b ) register him as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners, and section 21(4), (6), (7), (8) and (9) applies accordingly. (3) In the case mentioned in subsection (1)( b ), the Medical Council must not restore the name of a medical practitioner to the register or register him as a medical practitioner with conditional registration under subsection (2) if — ( a ) the medical practitioner has not complied with all the terms of any order made against him by the Disciplinary Tribunal; ( b ) the application for restoration is made before the expiration of 3 years from the date of the removal; or ( c ) the application for restoration is made more than once in any period of 12 months by or on behalf of the medical practitioner. (4) In the case mentioned in subsection (1)( c ), ( d ) or ( e ), the Medical Council must not restore the name of a medical practitioner to the register or register him as a medical practitioner with conditional registration under subsection (2) if — ( a ) the medical practitioner has not complied with all the terms of any order made against him by the Health Committee, Disciplinary Committee or Medical Council, as the case may be; or ( b ) the application for restoration is made more than once in any period of 12 months by or on behalf of the medical practitioner. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59U
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59U
title: Applications to General Division of the High Court for extension of time
content:
59U. —(1) Subject to subsection (1A), where an application is made to the General Division of the High Court under section 45(4), 56(3) or 59A(13), the General Division of the High Court may, subject to such conditions as the General Division of the High Court may impose, grant one or more further extensions of time, each not exceeding 9 months. [Act 19 of 2025 wef 05/12/2025] (1A) Despite subsection (1), if there are circumstances beyond the control of the Complaints Committee, Review Committee or Disciplinary Tribunal mentioned in section 45(4), 56(3) or 59A(13) (as the case may be) that necessitate a further extension of time that exceeds 9 months, the General Division of the High Court may, subject to such conditions as the General Division of the High Court may impose, grant one or more further extensions of time, each exceeding 9 months. [Act 19 of 2025 wef 05/12/2025] (2) An application under subsection (1) may be made by an originating application without notice, and must not be heard in open court. [Act 25 of 2021 wef 01/07/2022] (3) The General Division of the High Court may, upon an application by the Medical Council, order that any information contained in any document relating to an application under subsection (1) must not be published or disclosed, unless — ( a ) the Medical Council consents to the publication or disclosure; or ( b ) the General Division of the High Court is satisfied that the information if published or disclosed does not disclose any confidential information. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59V
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59V
title: Meetings and proceedings of committees
content:
59V. —(1) Subject to subsection (2), this section applies to every Inquiry Committee, Complaints Committee, Review Committee, Health Committee or Interim Orders Committee (each called in this section a relevant committee) appointed under this Act. (2) Subsection (8) does not apply in relation to an Inquiry Committee. (3) The appointing authority of a relevant committee may at any time — ( a ) revoke the appointment of the relevant committee; ( b ) remove any member of the relevant committee; ( c ) fill any vacancy in the relevant committee; or ( d ) where the appointment of the relevant committee has been revoked under paragraph ( a ) or the relevant committee is for any reason unable to continue with an inquiry or review (as the case may be), appoint another relevant committee in place of the firstmentioned relevant committee to continue with the inquiry or review (as the case may be). (4) No act done by or under the authority of a relevant committee is invalid as a consequence of any defect that is subsequently discovered in the appointment or qualifications of the members or any of them. (5) The chairman of a relevant committee may at any time summon a meeting of the relevant committee. (6) A relevant committee may meet for the purposes of its inquiry or review (as the case may be), and may adjourn and otherwise regulate the conduct of its inquiry or review (as the case may be) as its members think fit. (7) All the members of a relevant committee must be present to constitute a quorum for a meeting of the relevant committee, and any resolution or decision in writing signed by all the members of a relevant committee is as valid and effectual as if it had been made or reached at a meeting of the relevant committee where all its members were present. (8) All the members of a relevant committee present at any meeting of the relevant committee must vote on any question arising at the meeting, and such question must be determined by a majority of votes. (9) However, if any member of a relevant committee — ( a ) has his appointment revoked or is removed under subsection (3); or ( b ) is unable through death, illness or any other cause to continue with the inquiry or review (as the case may be), the relevant committee must not make any decision on any question arising at a meeting until that vacancy is filled. (10) A member of a relevant committee who ceases to be a member of the Complaints Panel or Medical Council (as the case may be) on the expiration of his term of office is taken to be a member of the relevant committee until the completion of the work by the relevant committee. (11) In this section, “appointing authority” means — ( a ) in relation to an Inquiry Committee, a Complaints Committee or Review Committee — the chairman of the Complaints Panel; and ( b ) in relation to a Health Committee or an Interim Orders Committee — the Medical Council. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59W
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59W
title: Employee of Ministry of Health not disqualified from being committee member
content:
59W. Any member of the Medical Council who is employed in the Ministry of Health is not disqualified from being a member of any Inquiry Committee, Complaints Committee, Review Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee by reason only that the member is so employed. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s59X
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND INQUIRIES
section: 59X
title: Confidentiality of information
content:
59X. —(1) A person to whom this section applies is not compellable in any proceedings to give evidence in respect of, or to produce any document containing any information which has been obtained in the course of, a performance assessment or fitness assessment under section 52 or 53 except in — ( a ) an inquiry by any Inquiry Committee, Complaints Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee; ( b ) a review by any Review Committee; or ( c ) a prosecution for an offence. (2) A person to whom this section applies must not disclose any information contained in any document that may have come to the person’s knowledge in the course of a performance assessment or fitness assessment under section 52 or 53 unless the disclosure is made — ( a ) under or for the purpose of administering or enforcing this Act or the Infectious Diseases Act 1976 * ; or ( b ) for any other purpose with the consent of the person to whom the information relates. [*Updated to be consistent with the 2020 Revised Edition] (3) This section applies to — ( a ) a member of a Performance Assessment Panel or Fitness Assessment Panel; ( b ) an investigator appointed under section 60A to carry out an investigation under this Part; ( c ) a member of any Inquiry Committee, Complaints Committee, Review Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee; and ( d ) a member or an officer or an agent, of the Medical Council or Disciplinary Commission. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s60
chapter: PART 8 - GENERAL
section: 60
title: Application of funds of Medical Council, etc.
content:
60. —(1) All fees, penalties and other moneys payable to the Medical Council under this Act that are not paid are recoverable as a debt due to the Medical Council. [Act 34 of 2020 wef 01/07/2022] (2) Subject to subsection (2A), all fees and other moneys (other than penalties) collected or recovered by the Medical Council under this Act must be paid to the Medical Council. [Act 34 of 2020 wef 01/07/2022] (2A) All penalties collected or recovered under this Act must be paid into the Consolidated Fund. [Act 34 of 2020 wef 01/07/2022] (3) The costs and expenses of and incidental to the performance of the functions of the Medical Council, the Complaints Committees, the Disciplinary Tribunals, the Health Committee and any other committee appointed by the Medical Council under this Act must be paid by the Medical Council out of its funds. (4) The Minister may pay into the funds of the Medical Council such sum of money out of moneys to be provided by Parliament as the Minister may determine. (4A) The Medical Council may invest moneys belonging to its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s60A
chapter: PART 8 - GENERAL
section: 60A
title: Investigators
content:
60A. —(1) The Medical Council may, in writing, appoint a member or an employee of the Medical Council, a public officer or any other person as an investigator, subject to such conditions and limitations as the Medical Council may specify — ( a ) to investigate the commission of an offence under this Act; or ( b ) to carry out an investigation under Part 7. (2) An investigator may, for the purposes of subsection (1) — ( a ) by order in writing require any person — (i) to furnish any information within that person’s knowledge; or [S 759/2022] (ii) to produce any book, document, paper or other record, or any article or thing which may be in that person’s custody or possession and which may be related to or be connected with the subject matter of the investigation for inspection by the investigator and for making copies thereof, or to provide copies of such book, document, paper or other record, and may, if necessary, further require such person to attend at a specified time and place for the purpose of complying with sub‑paragraph (i) or (ii); [S 759/2022] ( b ) by order in writing require the attendance before the investigator of any person who, from any information given or otherwise, appears to be acquainted with the facts and circumstances of the matter under investigation; ( c ) examine orally any person apparently acquainted with the facts and circumstances of the matter under investigation, and to reduce into writing the answer given or statement made by that person who is bound to state truly the facts and circumstances with which that person is acquainted, and the statement made by that person must be read over to that person and must, after correction, be signed by that person; and ( d ) without warrant enter, inspect and search during regular business hours any premises which are used or proposed to be used, or in respect of which there is reasonable cause to believe are being used by the registered medical practitioner who is under investigation to carry out the practice of medicine and may — (i) inspect and make copies of and take extracts from, or require the registered medical practitioner or the person having the management or control of the premises to provide copies of or extracts from, any book, document, record or electronic material relating to the affairs of the premises or the facilities or services provided or the practices or procedures being carried out at the premises; (ii) inspect any apparatus, appliance, equipment or instrument used or found on the premises; (iii) inspect, test, examine, take and remove any chemical, pharmaceutical or any other substance found on the premises; (iv) inspect, test, examine, take and remove any container, article or other thing that the investigator reasonably believes to contain or to have contained any chemical, pharmaceutical or any other substance found on the premises; (v) inspect any test or procedure performed or carried out on the premises; (vi) take such photographs or video recording as the investigator thinks necessary to record the premises or part of the premises, including any apparatus, appliance, equipment, instrument, article, book, document or record found on the premises; and (vii) seize and remove from the premises any book, record, document, apparatus, equipment, instrument, material, chemical, pharmaceutical or any other substance which the investigator reasonably believes to be the subject matter of, or to be connected with, an investigation under subsection (1)( a ) or ( b ). (3) Any person who, without lawful excuse — ( a ) intentionally offers any resistance to or wilfully delays an investigator in the exercise of any power under subsection (2); or ( b ) fails to comply with any requisition or order of an investigator under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 34 of 2020 wef 01/07/2022] (4) In this section, “record” includes the medical record of any person.


document_id: mra-1997
provision_ref: s61
chapter: PART 8 - GENERAL
section: 61
title: Proceedings conducted by officers of Medical Council
content:
61. Despite the provisions of any written law, a legal officer of the Medical Council who has been admitted as an advocate and solicitor under the Legal Profession Act 1966 * may — ( a ) appear in any proceedings under this Act or any other civil proceedings involving the Medical Council in the performance of its functions or duties under any written law; and ( b ) make and do all acts and applications in respect of any proceedings under this Act or any other civil proceedings, on behalf of the Medical Council. [Act 34 of 2020 wef 01/07/2022] [*Updated to be consistent with the 2020 Revised Edition]


document_id: mra-1997
provision_ref: s62
chapter: PART 8 - GENERAL
section: 62
title: Fraudulent registration
content:
62. Any person who — ( a ) procures or attempts to procure registration or a certificate of registration as a medical practitioner or a practising certificate under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise; ( b ) wilfully makes or causes to be made any false entry in any register maintained under this Act; ( c ) forges or alters any certificate of registration as a medical practitioner or any practising certificate issued under this Act; ( d ) fraudulently or dishonestly uses as genuine any certificate of registration as a medical practitioner or any practising certificate which the person knows or has reason to believe is forged or altered; or ( e ) buys, sells or fraudulently obtains a certificate of registration as a medical practitioner or any practising certificate issued under this Act, 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 2 years or to both.


document_id: mra-1997
provision_ref: s63
chapter: PART 8 - GENERAL
section: 63
title: Medical practitioner not to practise during suspension from practice
content:
63. —(1) A registered medical practitioner whose registration in the appropriate register is suspended under Part 7 must not practise medicine or act as a medical practitioner during his suspension. (2) Any registered medical practitioner who contravenes subsection (1) 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 2 years or to both.


document_id: mra-1997
provision_ref: s64
chapter: PART 8 - GENERAL
section: 64
title: Medical practitioner to use only qualifications entered in register and approved title, etc.
content:
64. —(1) A registered medical practitioner must not — ( a ) use or exhibit or publish in any card, letter, stationery, nameplate, signboard, placard, circular, handbill or any notice displayed at the premises used by him for the practice of medicine any qualification other than the qualifications which are entered in any register kept under this Act or which has been approved by the Medical Council; or ( b ) use any title, addition or designation other than the title, addition or designation which has been approved by the Medical Council. (2) Any registered medical practitioner who contravenes subsection (1) may be subject to disciplinary proceedings under this Act.


document_id: mra-1997
provision_ref: s65
chapter: PART 8 - GENERAL
section: 65
title: False assumption of title of specialist or family physician
content:
65. —(1) A registered medical practitioner who is not registered under section 22 as a specialist in a branch of medicine must not — ( a ) practise medicine or that branch of medicine under the style or title of a specialist in that branch of medicine, or under any name, title, addition or description implying that he is such a specialist or has any degree, qualification or experience in that branch of medicine; or ( b ) advertise or hold himself out as a specialist in that branch of medicine. (1A) A registered medical practitioner who is not registered under section 22A as a family physician must not — ( a ) practise under any name, title, addition or description implying that he is registered under that section as a family physician or has any degree, qualification or experience that could make him eligible for such registration; or ( b ) advertise or hold himself out as being registered as a family physician. (2) A registered medical practitioner who contravenes subsection (1) or (1A) may be subject to disciplinary proceedings under this Act.


document_id: mra-1997
provision_ref: s65A
chapter: PART 8 - GENERAL
section: 65A
title: Deemed public servants
content:
65A. —(1) The following persons are each taken to be a public servant for the purposes of the Penal Code 1871 * in relation to his performance of any function or duty under this Act: ( a ) the chairman of the Complaints Panel; ( b ) the President of the Disciplinary Commission; ( c ) any member of — (i) the Medical Council; (ii) the Disciplinary Commission; (iii) any Inquiry Committee, Complaints Committee, Review Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee; and (iv) any other committee appointed by the Medical Council or the Disciplinary Commission under this Act; ( d ) any employee of the Medical Council or the Disciplinary Commission, or any other person acting under the direction of the Medical Council or the Disciplinary Commission. [*Updated to be consistent with the 2020 Revised Edition] (2) For the purposes of sections 193 and 228 of the Penal Code 1871 * , “judicial proceeding” is taken to include any proceedings before an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal, a Health Committee or an Interim Orders Committee. [Act 34 of 2020 wef 01/07/2022] [*Updated to be consistent with the 2020 Revised Edition]


document_id: mra-1997
provision_ref: s65B
chapter: PART 8 - GENERAL
section: 65B
title: General exemption
content:
65B. —(1) The Minister may, after consultation with the Medical Council, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to such conditions as the Minister may impose. (2) This section does not affect section 66. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s66
chapter: PART 8 - GENERAL
section: 66
title: Exemption for ships’ surgeons
content:
66. All ships’ surgeons while in discharge of their duties relating to the treatment of cabin crew and passengers on board are — ( a ) exempted from registration and from compliance with section 13 relating to practising certificate; and ( b ) entitled to all the privileges of registered medical practitioners under this Act. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s66A
chapter: PART 8 - GENERAL
section: 66A
title: Composition of offences
content:
66A. —(1) The Medical Council may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one‑half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) The Medical Council may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. (4) All sums collected under this section must be paid into the Consolidated Fund. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s67
chapter: PART 8 - GENERAL
section: 67
title:
Duty of medical practitioner to inform Medical Council of medical practitioners who are unfit to practise

content:
67. —(1) A registered medical practitioner who treats or attends to another registered medical practitioner who is, in the opinion of the medical practitioner treating or attending to him, unfit to practise medicine by reason of his mental or physical condition must inform the Medical Council accordingly. [Act 34 of 2020 wef 01/07/2022] (2) Any registered medical practitioner who fails to comply with subsection (1) may be subject to disciplinary proceedings under this Act.


document_id: mra-1997
provision_ref: s68
chapter: PART 8 - GENERAL
section: 68
title: Protection from personal liability
content:
68. No liability shall lie against — ( a ) the chairman of the Complaints Panel; ( b ) the President of the Disciplinary Commission; ( c ) any member of — (i) the Medical Council; (ii) the Disciplinary Commission; (iii) any Inquiry Committee, Complaints Committee, Review Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee; and (iv) any other committee appointed by the Medical Council or the Disciplinary Commission under this Act; or ( d ) any employee of the Medical Council or the Disciplinary Commission, or any other person acting under the direction of the Medical Council or the Disciplinary Commission, for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in the exercise or purported exercise of any power or the performance or purported performance of any function under this Act. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s68A
chapter: PART 8 - GENERAL
section: 68A
title: Power to amend, vary, rescind, revoke or suspend condition or restriction
content:
68A. To avoid doubt, the power of the Medical Council to impose a condition or restriction under Parts 4, 5 and 5A includes, unless the contrary intention appears, the power to amend, vary, rescind, revoke or suspend such condition or restriction.


document_id: mra-1997
provision_ref: s68B
chapter: PART 8 - GENERAL
section: 68B
title: Service of documents
content:
68B. —(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section. [Act 19 of 2025 wef 05/12/2025] (2) A document permitted or required by or under this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents generally, or specifically for the document, or (if no address is so specified) the individual’s residential address or business address; [Act 19 of 2025 wef 05/12/2025] ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or [Act 19 of 2025 wef 05/12/2025] ( e ) [ Deleted by Act 19 of 2025 wef 05/12/2025 ] ( f ) by sending it by email to the individual’s last email address. [Act 19 of 2025 wef 05/12/2025] (3) A document permitted or required by or under this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer, or an authorised representative, of the partnership; [Act 19 of 2025 wef 05/12/2025] ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or [Act 19 of 2025 wef 05/12/2025] ( c ) [ Deleted by Act 19 of 2025 wef 05/12/2025 ] ( d ) by sending it by email to the partnership’s last email address. [Act 19 of 2025 wef 05/12/2025] (4) A document permitted or required by or under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or [Act 19 of 2025 wef 05/12/2025] ( c ) [ Deleted by Act 19 of 2025 wef 05/12/2025 ] ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. [Act 19 of 2025 wef 05/12/2025] (5) Service of a document under this section takes effect — ( a ) [ Deleted by Act 19 of 2025 wef 05/12/2025 ] ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way. [Act 19 of 2025 wef 05/12/2025] (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “authorised representative”, in relation to a partnership (other than a limited liability partnership), means any person authorised to accept service of documents on behalf of the partnership; [Act 19 of 2025 wef 05/12/2025] “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “document” includes a direction, order or notice permitted or required by or under this Act to be served on a person; [Act 19 of 2025 wef 05/12/2025] “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s69
chapter: PART 8 - GENERAL
section: 69
title: Jurisdiction of court
content:
69. A Magistrate’s Court or a District Court has jurisdiction to hear and determine all offences under this Act and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full penalty or punishment in respect of the offence.


document_id: mra-1997
provision_ref: s70
chapter: PART 8 - GENERAL
section: 70
title: Regulations
content:
70. —(1) Subject to the provisions of this Act, the Medical Council may, with the approval of the Minister, make such regulations as may be necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration of this Act. (2) Without limiting subsection (1), the Medical Council may, with the approval of the Minister, make regulations — ( a ) prescribing the time, place and procedure for the election of members of the Medical Council; ( b ) regulating the grant and renewal of practising certificates, including prescribing conditions for such grant and renewal, and the reinstatement of practising certificates cancelled under the Act; [Act 34 of 2020 wef 01/07/2022] ( c ) regulating the registration of medical practitioners; ( d ) prescribing the procedure of any committee appointed by the Medical Council under this Act and the conduct of any proceedings by such committee; ( e ) enabling the Health Committee and an Interim Orders Committee to order discovery or inspection of documents for the purpose of any proceedings before them; [Act 34 of 2020 wef 01/07/2022] ( ea ) prescribing that a registered medical practitioner in respect of whom an interim suspension order or an interim restriction order has been made is, if he so requires, entitled to be heard by the Interim Orders Committee on each occasion the Committee reviews the order, and may be represented by counsel at each review; [Act 34 of 2020 wef 01/07/2022] ( eb ) prescribing the procedure for the withdrawal of charges by the Medical Council in any proceedings under Part 7; [Act 34 of 2020 wef 01/07/2022] ( f ) regulating the professional practice, etiquette, conduct and discipline of registered medical practitioners, except in relation to the proceedings of a Disciplinary Tribunal; [Act 34 of 2020 wef 01/07/2022] ( g ) prescribing the forms necessary for the administration of this Act; ( h ) regulating the removal and restoration of names in any register kept under this Act; ( i ) [ Deleted by Act 34 of 2020 wef 01/07/2022 ] ( j ) prescribing the fees including, in the case of a practising certificate under this Act, a late application fee for late applications and other charges for the purposes of this Act; ( k ) prescribing the penalties for failure to comply with the provisions of this Act; and ( l ) generally providing for such other matters as may be necessary or expedient for carrying out the provisions of this Act. (3) Regulations made under this Act may make different provisions for different classes of persons and different circumstances.


document_id: mra-1997
provision_ref: s70A
chapter: PART 8 - GENERAL
section: 70A
title: Rules relating to Disciplinary Commission and Disciplinary Tribunals
content:
70A. The Minister may make rules — ( a ) to provide for matters relating to the Disciplinary Commission; and ( b ) to regulate the practice and procedure of Disciplinary Tribunals, including enabling Disciplinary Tribunals to order discovery or inspection of documents for the purpose of any proceedings before them. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s71
chapter: PART 8 - GENERAL
section: 71
title: Amendment of Schedules
content:
71. —(1) The Minister may, after consultation with the Medical Council, by order amend the First or Second Schedule. [Act 34 of 2020 wef 01/07/2022] (2) The Minister may, in any order made under subsection (1), make such saving or transitional provision as may be necessary or expedient. [Act 34 of 2020 wef 01/07/2022]


document_id: mra-1997
provision_ref: s72
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 72
title: Persons who are already registered
content:
72. —(1) Every person who is registered under the provisions of the repealed Medical Registration Act (Cap. 174, 1985 Revised Edition) (called in this Part the repealed Act) immediately before 3 April 1998 is upon that date deemed to be a registered medical practitioner under the provisions of this Act. (2) The Registrar is to — ( a ) transfer to Part I of the Register of Medical Practitioners the names, addresses, qualifications and any other particulars of all medical practitioners registered pursuant to section 9(1)( a ) of the repealed Act which appear, immediately before 3 April 1998, in the register kept under that Act; ( b ) transfer to Part II of the Register of Medical Practitioners the names, addresses, qualifications and any other particulars of all medical practitioners registered pursuant to section 9(1)( b ) and ( c ) of the repealed Act which appear, immediately before 3 April 1998, in the register kept under that Act; ( c ) transfer to the Register of Provisionally Registered Medical Practitioners the names, addresses, qualifications and any other particulars of all persons provisionally registered pursuant to section 13 of the repealed Act which appear, immediately before 3 April 1998, in the Register of Provisional Medical Registration kept under that Act; and ( d ) transfer to the Register of Temporarily Registered Medical Practitioners the names, addresses, qualifications and any other particulars of persons registered for a limited period pursuant to section 9(3) of the repealed Act which appear, immediately before 3 April 1998, in the register kept under that Act. (3) In transferring the names under subsection (2), the Registrar may omit the names of any person known to the Registrar to be deceased. (4) [ Deleted by Act 34 of 2020 wef 01/07/2022 ]


document_id: mra-1997
provision_ref: s73
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 73
title: Pending disciplinary proceedings
content:
73. —(1) This Act does not apply to any inquiry, investigation or other proceedings of a disciplinary nature commenced before 3 April 1998 and the repealed Act continues to apply to that inquiry, investigation or proceedings as if this Act had not been enacted. (2) Where on 3 April 1998 any matter is in the course of being investigated by the Preliminary Proceedings Committee, the Preliminary Proceedings Committee continues to exist to complete the investigation and may make such order, ruling or direction as it could have made under the powers conferred upon it by the repealed Act. (3) Any order, ruling or direction made or given by the Medical Council pursuant to the repealed Act is treated as an order, a ruling or a direction under this Act and has the same force and effect as if it had been made or given by the Medical Council pursuant to the powers vested in the Medical Council under this Act. (4) Nothing in this section is taken as prejudicing section 16 of the Interpretation Act 1965.


document_id: mra-1997
provision_ref: s74
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 74
title: Term of office of member appointed or elected to take place of existing member
content:
74. —(1) Despite section 4(2), a person appointed or elected after 24 January 2003 as a member of the Medical Council to take the place of a member of the Medical Council who was appointed or elected before that date and whose term of office has expired, holds office for a term that is determined by the Minister by order in the Gazette . (2) The Minister may determine a term of office that is at least 6 months and not more than 40 months.


document_id: mra-1997
provision_ref: s75
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 75
title: Transitional provisions
content:
75. —(1) [ Deleted by Act 34 of 2020 wef 01/07/2022 &#93; (2) Despite sections 20, 21 and 23, the Minister may, subject to such conditions as the Minister may determine, by regulations exempt any person or person within a class of persons who, at any time on or before 24 January 2003, was engaged as a house officer, or in such other similar capacity as may be approved by the Medical Council, in a hospital or an institution approved by the Medical Council under section 25, from the requirement that the person must — ( a ) in the case of section 20(1), hold a certificate of experience; ( b ) in the case of section 20(2), 21(1) or 23, comply with section 26; or ( c ) in the case of section 21(2), hold a certificate referred to in paragraph ( b ) of that subsection, before the person may be registered.


document_id: mrha-1990
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “anonymous donation”, for a religious group, means a donation which the religious group accepting the donation is (whether because the donation is offered anonymously or by reason of deception or concealment) unable to ascertain the identity of the donor giving the donation, but excludes the following: ( a ) a donation deposited in a box, receptacle or other container in a publicly accessible location within a place of worship in Singapore for the same religion or religious denomination as the religious group; ( b ) any proceeds from a collection by the religious group, the conduct of which is authorised by the House to House and Street Collections Act 1947 * ; ( c ) a cash donation collected during an act of collective worship or a religious ceremony or rite conducted by the religious group; ( d ) a donation which is declared not to be an anonymous donation by regulations made under section 19; [Act 31 of 2019 wef 01/11/2022] “communications activity”, in relation to any information or material, means communicating or distributing the information or material to the general public in Singapore, whether or not in the course of business, and includes doing any of the following whether or not in the course of business: ( a ) placing the information or material, or something that contains the information or material, somewhere it can be accessed by the general public in Singapore; ( b ) giving the information or material, or something that contains the information or material, to an intermediary to give to an intended recipient in the general public in Singapore; ( c ) describing to the general public in Singapore — (i) how to obtain access to the information or material, or something that contains the information or material; or (ii) methods that are likely to facilitate access to the information or material, or something that contains the information or material; ( d ) displaying, screening or playing the information or material, or something that contains the information or material, so that it can be seen or heard in or from a public place in Singapore, but does not include communicating or distributing, in the course of business, information or material produced entirely by another person and without altering the information or material or only altering the information or material to the extent to fit time, space or format constraints; [Act 31 of 2019 wef 01/11/2022] “community remedial initiative” has the meaning given by section 16H; [Act 31 of 2019 wef 01/11/2022] “competent authority”, in relation to any provision of this Act, means the competent authority appointed under section 2B to exercise powers under that provision; [Act 31 of 2019 wef 01/11/2022] “conduct”, in relation to engaging in conduct, means — ( a ) an act or omission on a single occasion; or ( b ) a series of acts or omissions, or both, on a number of occasions over a period of time, such as (but not limited to) communications activity, and may include conduct occurring outside Singapore; [Act 31 of 2019 wef 01/11/2022] “Council” means the Presidential Council for Religious Harmony constituted under section 3; “donation”, for a religious group, means any of the following: ( a ) any bequest or gift of money to the religious group or any religious institution affiliated or associated with the religious group; ( b ) any money to pay or reimburse any expenditure incurred (whether directly or indirectly) by the religious group or any religious institution affiliated or associated with the religious group; ( c ) any money lent to the religious group or any religious institution affiliated or associated with the religious group, otherwise than on commercial terms; [Act 31 of 2019 wef 01/11/2022] “donation report” has the meaning given by section 16A; [Act 31 of 2019 wef 01/11/2022] “donor” means an individual or entity that makes a donation; [Act 31 of 2019 wef 01/11/2022] “entity” includes any of the following, whether or not a religious group or religious institution: ( a ) a sole proprietorship; ( b ) a partnership (including a limited partnership); ( c ) a limited liability partnership; ( d ) a corporation within the meaning given by the Companies Act 1967 * ; ( e ) a trustee of an express trust or other similar arrangement; ( f ) an unincorporated association; ( g ) a co-operative society; ( h ) a trade union; [Act 31 of 2019 wef 01/11/2022] ( i ) a platform work association; [Act 30 of 2024 wef 01/11/2024] “foreign affiliations report” has the meaning given by section 16B; [Act 31 of 2019 wef 01/11/2022] “foreign country” means a country or territory other than Singapore, and includes part of such a country or territory; [Act 31 of 2019 wef 01/11/2022] “foreign principal” means — ( a ) if an individual, an individual who is not a citizen of Singapore and is not a Singapore permanent resident; or ( b ) if not an individual, an entity which — (i) is constituted or organised under a law of a foreign country and is not registered in Singapore under any written law; (ii) has its principal place of business in a foreign country, even if incorporated or registered under any written law; or (iii) is the government of a foreign country or an authority of the government of a foreign country; [Act 31 of 2019 wef 01/11/2022] “general public” includes a section of the general public in Singapore; [Act 31 of 2019 wef 01/11/2022] “gift”, for a religious group, includes — ( a ) a bequest or disposition by will to the religious group or any religious institution affiliated or associated with the religious group; ( b ) an amount paid by a person as a contribution or entry fee or other payment to entitle that or another person to participate or otherwise obtain any benefit from a fund-raising venture or similar function organised by the religious group or any religious institution affiliated or associated with the religious group (being an amount that forms part of the gross proceeds of the venture or function); ( c ) an annual or other subscription paid to the religious group or any religious institution by a member of that group or institution or an entity for affiliation with that religious group or religious institution; and ( d ) any other contribution of money given to the religious group or any religious institution affiliated or associated with the religious group, by a person, or in circumstances, prescribed, but does not include any zakat or fitrah or any other prescribed sum of money (whether or not of a similar kind); [Act 31 of 2019 wef 01/11/2022] “governing body”, for a religious group, means the group of individuals (whether or not each an employee or a responsible officer or religious leader of the religious group) who — ( a ) is directly involved in the management of the properties (including donations) belonging to the religious group; and ( b ) has the capacity, on behalf (as the case may be) of the religious group, to influence the appointment of the religious leaders of the religious group or any institutions affiliated or associated with the religious group; [Act 31 of 2019 wef 01/11/2022] “information or material” means information or material in any form, and includes — ( a ) oral, written, electronic or digital form; and ( b ) visual, pictorial or graphic form (such as but not limited to an anthropomorphic or humanlike depiction); [Act 31 of 2019 wef 01/11/2022] “key management report” has the meaning given by section 16C; [Act 31 of 2019 wef 01/11/2022] “Presidential Council for Minority Rights” means the Presidential Council for Minority Rights constituted under Part 7 of the Constitution of the Republic of Singapore; “publication” includes any newsletter, journal, periodical, book, film, videotape, audiotape or any written, pictorial, aural or printed matter containing any audio or visible representation which by its images, form, shape or sound or in any other manner is capable of suggesting words or ideas, and every copy and reproduction or substantial reproduction of any publication; “relevant donor”, for a religious group, means a person who makes a religious donation to the religious group and who, at the time the donation is accepted by the religious group — ( a ) if the donor is an individual, is — (i) not a citizen of Singapore; (ii) not a Singapore permanent resident; and (iii) not a resident of Singapore who is prescribed as a permissible donor; or ( b ) if the donor is not an individual, is — (i) not an entity which is registered in Singapore (even if incorporated outside Singapore); (ii) not incorporated under any written law; and (iii) not a corporation sole or corporation aggregate established under a private Act for religious purposes; [Act 31 of 2019 wef 01/11/2022] “religious donation”, for a religious group, means a donation made to or for the benefit of the religious group, the whole or part of which was used or is intended to be used by the religious group solely or substantially — ( a ) to incur expenditure for carrying out a religious or charitable purpose of the religious group wholly or partly in Singapore; or ( b ) to enable the religious group to make, directly or indirectly, a religious donation; Examples of religious or charitable purpose ( a ) Religious worship, rite or ceremony carried out wholly or partly in Singapore. ( b ) The provision of healthcare services wholly or partly in Singapore. ( c ) The acquisition or maintenance of, or the construction or other building works relating to, a medical clinic or healthcare facility in Singapore. ( d ) The acquisition or maintenance of, or the construction or other building works relating to, a school or an educational institution in Singapore which is used or to be used wholly or substantially to provide training or courses of instruction about or according to the tenets of the religion or religious denomination of a religious group. ( e ) The acquisition or maintenance of, or the construction or other building works relating to, a place of worship in Singapore which is used or to be used by members of a religious group. ( f ) The acquisition or maintenance of, or the construction or other building works relating to, a place of residence for one or more ministers of the religious group whose duties consist of performing the rites or rituals of the faith or in preaching the tenets of the religion or religious denomination, or for missionaries directly engaged in spreading religious doctrine in Singapore and whose work is not in essence administrative or clerical. ( g ) The acquisition or maintenance of, or the construction or other building works relating to, a place of residence for aged or infirm individuals mentioned above. [Act 31 of 2019 wef 01/11/2022] “religious institution” includes the congregation, assembly of worshippers, parishioners or other group of followers who attend religious services or activities held in Singapore by or at a church, cathedral, chapel, sanctuary, mosque, surau, temple, synagogue or other place of worship; [Act 31 of 2019 wef 01/11/2022] “religious group” includes — ( a ) any company or other body corporate incorporated under the Companies Act 1967 or any other written law for the purpose of promoting any religion, religious worship or dealing with religious affairs or practising, conducting, teaching or propagating any religious belief; and ( b ) any body of persons, whether or not registered as a society under the Societies Act 1966, whose object is the promotion of any religion, religious worship or the practice, conduct, teaching or propagating of any religious belief; [Act 31 of 2019 wef 01/11/2022] “religious leader” means — ( a ) a priest, monk, pastor, mufti, imam, rabbi, elder or similar office-bearer in a religious group or religious institution; or ( b ) any other person who is in a position of authority in any religious group or religious institution in relation to the religious practice or worship, or the tenets o


document_id: mrha-1990
provision_ref: s2A
chapter: PART 1 - PRELIMINARY
section: 2A
title: Supplementary interpretative provisions for donations, etc.
content:
2A. —(1) Subject to the provisions of this Act, a donation is accepted by a religious group if it is received and retained by or on behalf of the religious group for its use and benefit. (2) For the purposes of this Act, anything given or transferred — ( a ) to any branch of a religious group (which may be a religious institution); or ( b ) to any responsible officer of a religious group, member of the governing body of a religious group, or to a religious leader of a religious group, in his capacity as such (and not solely for his own use or benefit), is to be regarded as given or transferred to the religious group, and references to donations received by a religious group accordingly include references to donations so given or transferred. (3) For the purposes of this Act, any information or material in electronic or digital form which did not originate in Singapore, or the origin of which cannot be determined, is deemed to be communicated or distributed to the general public in Singapore if — ( a ) the information or material is communicated or distributed or caused to be communicated or distributed by a Singapore-connected person or the Singapore-connected person takes part in that communication or distribution; and ( b ) the information or material is accessible by persons physically present in Singapore. (4) For the purposes of subsection (3), a Singapore-connected person means — ( a ) a citizen of Singapore; ( b ) a Singapore permanent resident; ( c ) a person in Singapore; ( d ) an entity which is registered in Singapore (even if incorporated outside Singapore), or is incorporated under any written law; or ( e ) a corporation sole or corporation aggregate established under a private Act. [Act 31 of 2019 wef 01/11/2022]


document_id: mrha-1990
provision_ref: s2B
chapter: PART 1 - PRELIMINARY
section: 2B
title: Competent authority
content:
2B. —(1) The Minister may appoint — ( a ) a public officer to be the competent authority for the administration of Part 4, 5 or 6 * generally; or ( b ) one or more public officers to be each a competent authority responsible for the administration of a particular provision in Part 4, 5 or 6 * . [*Updated to be consistent with the 2020 Revised Edition] (2) A competent authority is, subject to any general or special directions of the Minister, responsible for the administration of Part 4, 5, 6 or 7* or any provision in that Part (as the case may be) and may perform such duties as are imposed and may exercise such powers as are conferred upon the competent authority by this Act. [*Updated to be consistent with the 2020 Revised Edition] (3) The Minister may from time to time give a competent authority directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and discretions conferred on the competent authority by, and the duties required to be discharged by the competent authority under, this Act; and the competent authority must give effect to those directions given. [Act 31 of 2019 wef 01/11/2022]


document_id: mrha-1990
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT OF
section: 3
title: Establishment of Council
content:
3. —(1) A Presidential Council for Religious Harmony is constituted, comprising a chairperson and at least 6 and not more than 15 other members. (2) At least two-thirds of the members of the Council must be representatives of the major religions in Singapore and the other members must be individuals who, in the opinion of the Presidential Council for Minority Rights, have distinguished themselves in public service or community relations in Singapore. (3) The chairperson and every member of the Council are to be appointed by the President, on the advice of the Presidential Council for Minority Rights, for a period of 3 years all of whom are eligible for re‑appointment. (4) Despite subsection (3), a member, other than the chairperson, may be appointed for any shorter period of at least one year. (5) The President may, after consultation with the Presidential Council for Minority Rights, at any time revoke the appointment of the chairperson or any member of the Council and may, on the advice of the Presidential Council for Minority Rights, appoint any individual to fill any vacancy which may arise in the Council for any reason whatsoever. (6) The President may, acting in the President’s discretion, refuse to appoint any individual as chairperson or member of the Council or to revoke any such appointment if the President does not concur with the advice or recommendation of the Presidential Council for Minority Rights. (7) No individual is qualified to be appointed as a member of the Council unless the individual is — ( a ) a citizen of Singapore; ( b ) at least 35 years of age; ( c ) resident in Singapore; and ( d ) not liable to any of the disqualifications provided in subsection (8). (8) An individual is disqualified for appointment as a member of the Council if the individual — ( a ) has a mental disorder and is incapable of managing oneself or the individual’s affairs; ( b ) is insolvent or an undischarged bankrupt; ( c ) has been convicted of an offence by a court in Singapore or Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than $2,000 and has not received a free pardon, except that where the conviction is by a court in Malaysia, the individual is not so disqualified unless the offence is also one which, had it been committed in Singapore, would have been punishable by a court in Singapore; or ( d ) has voluntarily acquired the citizenship of, or exercised the rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country. [21/2008] (9) A member must vacate the member’s seat in the Council if — ( a ) the member ceases to be a citizen of Singapore; ( b ) by writing under the hand of the member addressed to the chairperson the member resigns the member’s seat; or ( c ) the member becomes subject to any of the disqualifications provided in subsection (8).


document_id: mrha-1990
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT OF
section: 4
title: Functions of Council
content:
4. —(1) The functions of the Council are — ( a ) to consider and report to the Minister on matters affecting the maintenance of religious harmony in Singapore which are referred to the Council by the Minister or by Parliament; and ( b ) to consider and make recommendations to the President on restraining orders and directions to extend given to the Council by the Minister under sections 11 and 13, respectively. [Act 31 of 2019 wef 01/11/2022] (2) The Council has the power to appoint a Secretary to the Council and any other officers as may be required to enable the Council to carry out its functions under this Act. (3) The Council may, subject to the provisions of this Act, regulate its own procedure. (4) The Council must not transact any business unless a quorum of at least half of its members, including the chairperson or member presiding, is present. (5) The chairperson, if present, presides at all meetings of the Council. (6) Whenever the office of chairperson is vacant or the chairperson for any reason is unable to attend a meeting, any other member that the members present elect presides at the meeting.


document_id: mrha-1990
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT OF
section: 5
title: Validity of Council’s actions
content:
5. —(1) The Council may, subject to section 4(4), transact its business despite any vacancy among its members. (2) The proceedings or any decision of the Council are valid despite any defect in the appointment of its members or that some person who was not entitled to do so took part in its proceedings.


document_id: mrha-1990
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT OF
section: 6
title: Members are public servants and protected from legal action
content:
6. —(1) Every member or officer of the Council is deemed to be a public servant within the meaning of the Penal Code 1871. (2) Nothing done by any member or officer of the Council in good faith and in the discharge of the powers and functions of the Council renders the member or officer liable to any suit or action.


document_id: mrha-1990
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT OF
section: 7
title: Secrecy
content:
7. —(1) Except as provided under section 15, the proceedings of the Council are secret. (2) A member or officer of the Council must not disclose or divulge to any person, other than the President, the Minister, the Secretary or any member of the Council, any matter which has arisen at any meeting of the Council unless the member or officer is expressly authorised to do so by the Minister.


document_id: mrha-1990
provision_ref: s8
chapter: PART 3 - RESTRAINING ORDERS
section: 8
title: Restraining orders against officials or members of religious group or religious institution
content:
8. —(1) The Minister may make a restraining order against any religious leader of any religious group or religious institution or any member thereof for the purposes specified in subsection (2) where the Minister is satisfied that that person has committed or is committing, or is likely to commit, or has attempted or is attempting to commit any of the following acts: ( a ) causing feelings of enmity, hatred, ill will or hostility between different religious groups; ( b ) carrying out activities to promote a political cause, or a cause of any political party while, or under the guise of, propagating or practising any religious belief; ( c ) carrying out subversive activities under the guise of propagating or practising any religious belief; or ( d ) exciting disaffection against the President or the Government while, or under the guise of, propagating or practising any religious belief. [Act 31 of 2019 wef 01/11/2022] (1A) The Minister may make a restraining order against any religious group for the purposes specified in subsection (2A) if the Minister is of the opinion that it is necessary or expedient so as to pre-empt, prevent or reduce any foreign influence affecting the religious group which may — ( a ) undermine religious tolerance between different religious groups in Singapore; and ( b ) present a threat to the public peace and public order in Singapore. [Act 31 of 2019 wef 01/11/2022] (2) An order made under subsection (1) may be made against the person named in the order for the following purposes: ( a ) restraining the person from addressing orally or in writing any congregation, parish or group of worshippers or members of any religious group or religious institution on any subject, topic or theme as may be specified in the order without the prior permission of the Minister; [Act 31 of 2019 wef 01/11/2022] ( b ) requiring the person — (i) to stop undertaking any communications activity involving the information or material specified or described in the order, immediately or within the period specified in the order, and absolutely or except with the prior permission of the Minister; or (ii) to stop printing or editing, or assisting or contributing to, any publication produced by any religious group or religious institution without the prior permission of the Minister; [Act 31 of 2019 wef 01/11/2022] ( c ) restraining the person from holding office in an editorial board or a committee of a publication of any religious group without the prior permission of the Minister. (2A) A restraining order made under subsection (1A) may be made against a religious group named in the order requiring the religious group — ( a ) to not accept any anonymous donation on or after a date specified in the restraining order; ( b ) to not accept any religious donation on or after a date specified in the restraining order from a foreign principal specified in the order; ( c ) to return any religious donation received, on or after a date specified in the restraining order, from a foreign principal specified in the order; ( d ) to dispose of any anonymous donation received, on or after a date specified in the restraining order; ( e ) to ensure that on or after a date specified in the restraining order, every member of the governing body of the religious group is a citizen of Singapore; or ( f ) to remove a member of the governing body of the religious group specified in the restraining order, being an individual who is not a citizen of Singapore. [Act 31 of 2019 wef 01/11/2022] (2B) A restraining order under subsection (1A) of the effect in subsection (2A)( b ) or ( c ) may specify the manner in which, and must specify the period within which, the religious donations concerned must be sent back to the person who made the donation or any other person appearing to be acting on the donor’s behalf. [Act 31 of 2019 wef 01/11/2022] (2C) A restraining order under subsection (1A) of the effect in subsection (2A)( d ) may require — ( a ) if the donation was transmitted by a person (other than the donor) and the identity of that person is apparent, that the whole donation must be returned to that person; ( b ) if paragraph ( a ) does not apply but it is apparent that the donor has, in connection with the donation, used any facility provided by an identifiable financial institution, that the whole donation must be returned to that financial institution; or ( c ) in all other cases, that the whole donation must be sent to a competent authority; and all anonymous donations so sent must be paid into the Consolidated Fund. [Act 31 of 2019 wef 01/11/2022] (2D) A restraining order under subsection (1A) of the effect in subsection (2A)( f ) may also require the religious group concerned to suspend (for no longer than 24 continuous months) a member of the governing body of the religious group who is not a citizen of Singapore from the exercise of his office as a member of the governing body pending consideration being given to his removal under a restraining order under subsection (1A). [Act 31 of 2019 wef 01/11/2022] (3) Subject to section 12(2), a restraining order made under this section has effect for such period, not exceeding 2 years, as may be specified in the order. [Act 31 of 2019 wef 01/11/2022] (4) Before making a restraining order, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to make that order. [Act 31 of 2019 wef 01/11/2022] (5) After making a restraining order, the Minister must immediately give, or cause to be given, a copy of the order, and the grounds, facts and documents supporting the order, to the following: ( a ) for a restraining order under subsection (1) — (i) the religious leader of a religious group or religious institution or a member thereof against whom the order is made; and (ii) the head or governing body of that religious group or religious institution; ( b ) for a restraining order under subsection (1A) — (i) the religious group against whom the order is made; and (ii) the head or governing body of that religious group. [Act 31 of 2019 wef 01/11/2022] (6) A restraining order takes effect on the date a copy of it is given to the religious leader of a religious group or religious institution or a member thereof mentioned in subsection (5)( a )(i), and the religious group mentioned in subsection (5)( b )(i), respectively; and that religious leader or member of the religious group or religious institution or that religious group (as the case may be) must comply with the order. [Act 31 of 2019 wef 01/11/2022] (7) A reference in subsection (2)( b ) and section 9(2) to stop undertaking any communications activity involving the information or material includes a reference to taking all reasonably practicable steps to ensure that the information or material is no longer available on or through the Internet to end users in Singapore, such as (if necessary) the removal of the information or material from an online location. [Act 31 of 2019 wef 01/11/2022]


