# legal_provisions

document_id: hota-1987
provision_ref: s6
chapter: PART 2 - REMOVAL OF ORGAN AFTER DEATH
section: 6
title: Organ to be removed and transplanted by authorised medical practitioners
content:
6. —(1) No person other than an authorised medical practitioner in a hospital is to remove any organ which is authorised to be removed pursuant to section 4 or transplant any such organ. (2) For the purposes of subsection (1), “authorised medical practitioner” means a medical practitioner who has been authorised by the Director‑General to remove any organ pursuant to section 4 or to transplant any such organ. [Act 11 of 2023 wef 01/05/2023] (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. [7


document_id: hota-1987
provision_ref: s7
chapter: PART 2 - REMOVAL OF ORGAN AFTER DEATH
section: 7
title: Operation of other laws
content:
7. Nothing in this Part prevents the removal of any organ from the bodies of deceased persons in accordance with any other written law. [8


document_id: hota-1987
provision_ref: s8
chapter: PART 3 - REGISTRATION OF OBJECTION
section: 8
title: Persons may register their objection
content:
8. —(1) Any person who objects to the removal of any organ from the person’s body after the person’s death for the purpose mentioned in section 4(1) may register the person’s objection in respect of that organ with the Director‑General in the prescribed form. [Act 11 of 2023 wef 01/05/2023] (2) Upon receipt of the written objection of a person under subsection (1), the Director‑General must issue to that person an acknowledgment in the prescribed form. [9 [Act 11 of 2023 wef 01/05/2023]


document_id: hota-1987
provision_ref: s9
chapter: PART 3 - REGISTRATION OF OBJECTION
section: 9
title: Director‑General to maintain register
content:
9. —(1) The Director‑General must establish and maintain a register in which must be entered the objection of all persons lodged in accordance with section 8. [Act 11 of 2023 wef 01/05/2023] (2) The register mentioned in subsection (1) is not open to inspection by the public. (3) Any person who wilfully destroys, mutilates or makes any unauthorised alteration in the register mentioned in 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. [10 [Act 11 of 2023 wef 01/05/2023]


document_id: hota-1987
provision_ref: s10
chapter: PART 3 - REGISTRATION OF OBJECTION
section: 10
title: Persons may withdraw their objection
content:
10. —(1) Any person who has registered the person’s objection with the Director‑General under section 8 in respect of any organ may withdraw the person’s objection in the prescribed form. [Act 11 of 2023 wef 01/05/2023] (2) Upon receipt of the withdrawal of a person under subsection (1), the Director‑General must issue to that person an acknowledgment in the prescribed form and must remove the objection from the register mentioned in section 9(1). [11 [Act 11 of 2023 wef 01/05/2023]


document_id: hota-1987
provision_ref: s11
chapter: PART 3 - REGISTRATION OF OBJECTION
section: 11
title: Proposed recipients of organ
content:
11. In the selection of a proposed recipient of any organ removed pursuant to section 4 — ( a ) a person who has not registered any objection with the Director‑General under section 8(1) in respect of that organ has priority over a person who has registered such objection; and [Act 11 of 2023 wef 01/05/2023] ( b ) a person who has registered the person’s objection with the Director‑General under section 8(1) in respect of that organ but who has withdrawn such objection under section 10(1) has the same priority as a person who has not registered any such objection, over a person whose objection in respect of that organ is still registered with the Director‑General, at the expiry of 2 years from the date of receipt of the withdrawal by the Director‑General provided the person has not registered again any such objection since that date. [12 [Act 11 of 2023 wef 01/05/2023]


document_id: hota-1987
provision_ref: s12
chapter: PART 3 - REGISTRATION OF OBJECTION
section: 12
title: Appointment of a committee
content:
12. The Director‑General may appoint a committee consisting of at least 5 members to be in charge of matters relating to the selection of proposed recipients of any organ removed pursuant to section 4 and such other matters as may be directed by the Director‑General from time to time. [13 [Act 11 of 2023 wef 01/05/2023]


document_id: hota-1987
provision_ref: s13
chapter: PART 4 - PROHIBITION OF TRADING IN ORGANS AND BLOOD
section: 13
title: Buying or selling of organs or blood prohibited and void
content:
13. —(1) Subject to subsections (4) and (5), a contract or an arrangement under which a person agrees, for valuable consideration, whether given or to be given to himself or herself or to another person, to the sale or supply of any organ or blood from his or her body or from the body of another person, whether before or after his or her death or the death of the other person (as the case may be) is void. (2) A person who enters into a contract or an arrangement of the kind mentioned in subsection (1) and to which that subsection applies 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. (3) Any person who — ( a ) gives or offers to give valuable consideration for the sale or supply of, or for an offer to sell or supply, any organ from the body of another person other than for the purpose of transplantation to his or her body; ( b ) receives valuable consideration for the sale or supply of, or for an offer to sell or supply, any organ from the body of another person; ( c ) offers to sell or supply any organ from the body of another person for valuable consideration; ( d ) initiates or negotiates any contract or arrangement for the sale or supply of, or for an offer to sell or supply, any organ from the body of another person for valuable consideration other than for the purpose of transplantation to his or her body; or ( e ) takes part in the management or control of a body corporate or body unincorporate whose activities consist of or include the initiation or negotiation of any contract or arrangement mentioned in paragraph ( d ), 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 10 years or to both. (4) Subsections (1) and (3) do not apply to or in relation to — ( a ) a contract or an arrangement providing only for the reimbursement of any expenses necessarily incurred by a person in relation to the removal of blood in accordance with any other written law; ( b ) any scheme introduced or approved by the Government granting medical benefits or privileges to any organ or blood donor and any member of the donor’s family or any person nominated by the donor; and ( c ) any contract, arrangement or valuable consideration providing only for the defraying or reimbursing, in money or money’s worth, of such costs or expenses that may be reasonably incurred by a person in relation to — (i) the removal, transportation, preparation, preservation, quality control or storage of any organ; (ii) the costs or expenses (including the costs of travel, accommodation, domestic help or child care) or loss of earnings so far as are reasonably or directly attributable to that person supplying any organ from that person’s body; and (iii) any short-term or long-term medical care or insurance protection of that person which is or may reasonably be necessary as a consequence of that person supplying any organ from that person’s body. (5) The Minister may, by notification in the Gazette , declare that subsection (1) or (3) does not apply to the sale or supply of a specified class or classes of product derived from any organ or blood that has been subjected to processing or treatment. (6) A person who as vendor or supplier enters into a contract or an arrangement for the sale or supply of a product derived from any organ or blood that has been subjected to processing or treatment, other than any such product which is of a class declared under subsection (5), shall be guilty of an offence if the organ or blood from which the product was derived was obtained under a contract or an arrangement that is void by reason of subsection (1), 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. (7) Nothing in this section renders inoperative a consent or an authority given or purporting to have been given under this Act in relation to any organ or blood from the body of a person or in relation to the body of a person if a person acting pursuant to the consent or authority did not know and had no reason to know that the organ or blood or the body was the subject matter of a contract or an arrangement mentioned in subsection (1) or (3). (8) For the purposes of this section, the donation by a living donor (Donor A ) of any organ from his or her body in consideration of — ( a ) a donation of an organ from another living donor for the purpose of the transplantation of the organ to the body of a living recipient of Donor A ’s choice (Recipient A ); or ( b ) priority in the selection of Recipient A as a recipient of any organ, whether removed pursuant to section 4 or otherwise, does not, of itself, constitute valuable consideration if the donors have given their consent and the provisions of Part 4A (as applicable) are complied with. [14


document_id: hota-1987
provision_ref: s14
chapter: PART 4 - PROHIBITION OF TRADING IN ORGANS AND BLOOD
section: 14
title: Advertisements relating to buying or selling of organs or blood prohibited
content:
14. —(1) No person is to issue or cause to be issued any advertisement relating to the buying or selling in Singapore of any organ or blood or of the right to take any organ or blood from the body of a person. (2) In this section, “advertisement” includes every form of advertising, whether in a publication, or by the display of any notice or signboard, or by means of any catalogue, price list, letter (whether circulated or addressed to a particular person) or other documents, or by words inscribed on any article, or by the exhibition of a photograph or a cinematograph film, or by way of sound recording, sound broadcasting or television, or in any other way, and any reference to the issue of an advertisement is to be construed accordingly. (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. [15


document_id: hota-1987
provision_ref: s15
chapter: PART 4A - LIVING DONOR ORGAN TRANSPLANTS
section: 15
title: Donation of organs by living persons
content:
15. —(1) No person is to carry out or cause to be carried out any living donor organ transplant unless — ( a ) the specified organ is removed in a hospital with the written authorisation of the transplant ethics committee of the hospital; and ( b ) the donor of the specified organ has given his or her consent to the removal of the specified organ from his or her body and has not revoked or withdrawn the consent. (2) The transplant ethics committee of a hospital must not give any authorisation under subsection (1) for the removal of the specified organ from the body of any living person unless it is satisfied that — ( a ) the person from whom the specified organ is to be removed has given the person’s consent to such removal; ( b ) the person is not mentally disordered and, despite the person’s age, is able to understand the nature and consequence of the medical procedures the person has to undergo as a result of the person’s donation of the specified organ; and ( c ) the consent mentioned in paragraph ( a ) — (i) is not given pursuant to any contract or arrangement that is prohibited under section 13; and (ii) is not given or obtained by virtue of any fraud, duress or undue influence. (3) In determining whether to give any authorisation under subsection (1), the transplant ethics committee must have regard to such considerations as may be prescribed or as may be directed by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (4) 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. [15A


document_id: hota-1987
provision_ref: s16
chapter: PART 4A - LIVING DONOR ORGAN TRANSPLANTS
section: 16
title: Appointment and functions of transplant ethics committees
content:
16. —(1) The licensee of a hospital in which any living donor organ transplant is intended to be carried out must, with the approval of the Director‑General, appoint a transplant ethics committee. [Act 11 of 2023 wef 01/05/2023] (2) Every transplant ethics committee of a hospital must consist of not less than 3 persons, of whom — ( a ) at least one must be a medical practitioner not employed by or otherwise connected with the hospital; and ( b ) at least one must be a lay person. (3) The transplant ethics committee appointed under subsection (1) must assess and, where appropriate, give its written authorisation for the living donor organ transplant to be carried out. (4) Anything done by the transplant ethics committee of a hospital, a member of the transplant ethics committee, or any person acting under the direction of the transplant ethics committee or the Director‑General, in good faith for the purposes of the exercise of the functions of the transplant ethics committee or in accordance with this Act, does not subject the member or person personally to any action, liability, claim or demand. [Act 11 of 2023 wef 01/05/2023] (5) Nothing in subsection (4) absolves any person from having to obtain the consent of a person before carrying out any medical procedure on that person. [15B


document_id: hota-1987
provision_ref: s17
chapter: PART 4A - LIVING DONOR ORGAN TRANSPLANTS
section: 17
title: Regulation of transplant ethics committees
content:
17. —(1) Where the Director‑General is of the opinion that the transplant ethics committee of a hospital is not discharging its functions in accordance with this Act or in a satisfactory manner, the Director‑General may do one or more of the following: ( a ) direct the transplant ethics committee to suspend all or any part of its activities; ( b ) direct the licensee of the hospital to remove or replace any member of the transplant ethics committee; ( c ) direct the licensee of the hospital to dissolve the transplant ethics committee and appoint a new transplant ethics committee in its place. [Act 11 of 2023 wef 01/05/2023] (2) Until the direction of the Director‑General issued under subsection (1) has been complied with — ( a ) the licensee of the hospital must ensure that no living donor organ transplant authorised under section 15(1) is carried out in the hospital; and ( b ) no person is to carry out any such living donor organ transplant in the hospital, unless otherwise allowed by the Director‑General and in accordance with such conditions as the Director‑General may impose. [Act 11 of 2023 wef 01/05/2023] (3) Any written authorisation given by the transplant ethics committee in respect of which a direction has been issued under subsection (1) remains valid unless rescinded by the Director‑General. [Act 11 of 2023 wef 01/05/2023] (4) Any person who contravenes subsection (2)( a ) or ( b ) 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. [15C


document_id: hota-1987
provision_ref: s18
chapter: PART 4A - LIVING DONOR ORGAN TRANSPLANTS
section: 18
title: Director‑General may issue directions
content:
18. —(1) The Director‑General may, from time to time, issue directions to the licensee or the transplant ethics committee of any hospital for any purpose specified in this Part or in relation to the operation of any of the provisions of this Part. [Act 11 of 2023 wef 01/05/2023] (2) The Director‑General may, at any time, amend or revoke any direction issued under subsection (1). [Act 11 of 2023 wef 01/05/2023] (3) Any person to whom a direction has been issued under this section must comply with the direction. [15D [Act 11 of 2023 wef 01/05/2023]


document_id: hota-1987
provision_ref: s20
chapter: PART 4B - ENFORCEMENT
section: 20
title: Appointment of inspectors
content:
20. —(1) The Director‑General may appoint one or more persons as inspectors to investigate the commission of any offence under this Act. [Act 11 of 2023 wef 01/05/2023] (2) Every inspector — ( a ) must be furnished with such identification card as the Director‑General may direct to be carried by inspectors; and [Act 11 of 2023 wef 01/05/2023] ( b ) must, when exercising any powers under this Part, on demand, declare the inspector’s office and produce such identification card to the person affected by the exercise of those powers. (3) Every inspector appointed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871. [15F


document_id: hota-1987
provision_ref: s21
chapter: PART 4B - ENFORCEMENT
section: 21
title: Power of entry, inspection, search, seizure, etc.
content:
21. —(1) For the purposes of investigating any offence under this Act, an inspector may — ( a ) require any person to furnish any information that is within that person’s knowledge and that the inspector reasonably believes may be required as evidence for the purposes of any proceedings in respect of an offence under this Act; ( b ) by written order require any person to produce any document, record or thing that the inspector reasonably believes may be required as evidence for the purposes of any proceedings in respect of an offence under this Act; ( c ) without warrant, enter, inspect and search any premises that the inspector has reason to suspect are being used for or in connection with any offence under this Act; ( d ) inspect and make copies of or take extracts from, or require the person having the management or control of the premises being inspected to provide copies of or extracts from, any document or record that the inspector reasonably believes may be required as evidence for the purposes of any proceedings in respect of an offence under this Act; ( e ) take such photographs or video recording as the inspector thinks necessary of the premises being inspected or any part of the premises, including any person, document, record or thing found on the premises; ( f ) search or cause to be searched any person found on the premises being inspected whom the inspector reasonably believes has possession or control of any document, record or thing that the inspector reasonably believes may be required as evidence for the purposes of any proceedings in respect of an offence under this Act; ( g ) seize and remove from the premises being inspected any document, record or thing that the inspector reasonably believes may be required as evidence for the purposes of any proceedings in respect of an offence under this Act; and ( h ) require any person found on the premises being inspected to render all reasonable and necessary assistance and co‑operation to the inspector as are necessary to facilitate the inspector’s exercise of his or her powers under this section. (2) Any person who is required by an inspector under subsection (1)( a ) or ( b ) to furnish any information or produce any document, record or thing is deemed to have complied with the requisition if the person causes the information to be furnished or causes the document, record or thing to be produced instead of attending personally to furnish or produce the same. (3) If entry to any premises cannot be obtained under subsection (1)( c ), an inspector may — ( a ) break open any outer or inner door or window leading to the premises; ( b ) forcibly enter the premises and every part of the premises; or ( c ) remove by force any obstruction to the inspector’s entry. (4) A woman or girl must not be searched under subsection (1)( f ) except by a woman. [15G


document_id: hota-1987
provision_ref: s22
chapter: PART 4B - ENFORCEMENT
section: 22
title: Power to examine and secure attendance
content:
22. —(1) An inspector may — ( a ) examine orally any person supposed to be acquainted with the facts and circumstances concerning an offence under this Act; and ( b ) by written order require the attendance before the inspector of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances concerning an offence under this Act and the person must attend as so required. (2) The person mentioned in subsection (1)( a ) must state truly the facts and circumstances with which the person is acquainted concerning an offence under this Act, except that the person may decline to make with regard to any fact or circumstance, a statement which would have a tendency to expose the person to a criminal charge, penalty or forfeiture. (3) A statement made by any person mentioned in subsection (1)( a ) — ( a ) must be reduced to writing and read over to the person; and ( b ) must, after correction, be signed by the person. (4) If any person fails to attend as required by an order under subsection (1)( b ), the inspector may report such failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order. [15H


document_id: hota-1987
provision_ref: s23
chapter: PART 4B - ENFORCEMENT
section: 23
title: Powers of arrest
content:
23. —(1) An inspector authorised by the Director‑General in that behalf may — ( a ) arrest without warrant any person whom the inspector reasonably suspects of committing or having committed an offence under this Act; and ( b ) search the person arrested and seize anything which the inspector reasonably believes may be required as evidence for the purposes of proceedings in respect of an offence under this Act. [Act 11 of 2023 wef 01/05/2023] (2) Where the inspector makes an arrest under subsection (1)( a ), the inspector must, without unnecessary delay, produce the person before a Magistrate. (3) The inspector must not detain in custody a person arrested under subsection (1)( a ) for a longer period than is reasonable under the circumstances of the case. (4) The period that a person arrested under subsection (1)( a ) may be detained in custody must not exceed 48 hours, excluding the time for any necessary journey to the Magistrate’s Court. (5) A woman or girl must not be searched under subsection (1)( b ) except by a woman. (6) When a person is arrested under subsection (1)( a ) or appears or is brought before a court and is prepared at any time while in the custody of the inspector or at any stage of the proceedings before the court to give bail, that person must be released on bail by any inspector in such cases as are specified in orders issued by the Director‑General or by that court. [Act 11 of 2023 wef 01/05/2023] (7) The inspector or the court, if he, she or it thinks fit, may, instead of taking bail from a person mentioned in subsection (6), discharge the person on the person executing a bond without sureties as may be sufficient to secure the person’s appearance. [15I


document_id: hota-1987
provision_ref: s24
chapter: PART 4B - ENFORCEMENT
section: 24
title: Protection of informers
content:
24. —(1) Except as provided in subsection (3) — ( a ) no information for an offence under this Act is to be admitted in evidence in any civil or criminal proceedings; and ( b ) no witness in any civil or criminal proceedings is obliged — (i) to disclose the name and address of any informer who has given information with respect to an offence under this Act; or (ii) to answer any question if the answer thereto would lead, or would tend to lead, to the discovery of the name or address of the informer. (2) If any document, record or thing which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to the informer’s discovery, the court is to cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery. (3) If — ( a ) in any proceedings before a court for an offence under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or ( b ) in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer, the court may permit inquiry and require full disclosure concerning the informer. [15J


document_id: hota-1987
provision_ref: s25
chapter: PART 4B - ENFORCEMENT
section: 25
title: Obstruction of inspectors, etc.
content:
25. Any person who — ( a ) refuses or fails to comply with any requirement of an inspector under section 21(1)( a ) or ( b ); ( b ) refuses to answer any question put to the person by an inspector under section 22(1)( a) or gives a false answer to such question; or ( c ) wilfully obstructs an inspector in the exercise of the inspector’s authority under this Part, 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. [15K


document_id: hota-1987
provision_ref: s26
chapter: PART 5 - MISCELLANEOUS
section: 26
title: Act does not prevent specified removal of organ, etc.
content:
26. Nothing in this Act applies to or in relation to — ( a ) the removal of any organ from the body of a living person in the course of a procedure or an operation carried out, in the interests of the person’s health, by a medical practitioner with the consent, express or implied, given by or on behalf of the person or in circumstances necessary for the preservation of the person’s life; ( b ) the use of any organ so removed; ( c ) the embalming of the body of a deceased person; or ( d ) the preparation, including the restoration of any disfigurement or mutilation, of the body of a deceased person for the purpose of interment or cremation. [16


document_id: hota-1987
provision_ref: s27
chapter: PART 5 - MISCELLANEOUS
section: 27
title: Offences in relation to removal of organ
content:
27. —(1) No person is to remove any organ from the body of a deceased person for the purpose mentioned in section 4(1) except pursuant to the authority given under Part 2. (2) 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. [17


document_id: hota-1987
provision_ref: s28
chapter: PART 5 - MISCELLANEOUS
section: 28
title: Disclosure of information
content:
28. —(1) Subject to this section, a person must not disclose or give to any other person any information or document whereby the identity of a person — ( a ) from whose body any organ has been removed for the purpose of transplantation; ( b ) with respect to whom or with respect to whose body a consent or an authority has been given under this Act; or ( c ) into whose body any organ has been, is being, or may be, transplanted, may become publicly known. (2) Subsection (1) does not apply to or in relation to any information disclosed — ( a ) for the purpose of administering and enforcing this Act; ( b ) for the purpose of referring any complaint or information concerning any registered medical practitioner under section 39(1) of the Medical Registration Act 1997; ( c ) pursuant to an order of a Court or when otherwise required by law; ( d ) for the purposes of hospital administration or bona fide medical research; ( e ) with the consent of the person to whom the information relates; or ( f ) when the circumstances in which the disclosure is made are such that the disclosure is or would be privileged. (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. [18


document_id: hota-1987
provision_ref: s29
chapter: PART 5 - MISCELLANEOUS
section: 29
title: Offences by bodies corporate, etc.
content:
29. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer of the body corporate; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may, by regulations, provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [18A


document_id: hota-1987
provision_ref: s30
chapter: PART 5 - MISCELLANEOUS
section: 30
title: Composition of offences
content:
30. —(1) The Director‑General 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 $2,000. [Act 11 of 2023 wef 01/05/2023] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [19


document_id: hota-1987
provision_ref: s31
chapter: PART 5 - MISCELLANEOUS
section: 31
title: Amendment of Second Schedule
content:
31. —(1) The Minister may, by order in the Gazette , amend, add to or vary the Second Schedule. (2) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette . [20


document_id: hota-1987
provision_ref: s32
chapter: PART 5 - MISCELLANEOUS
section: 32
title: Regulations
content:
32. —(1) The Minister may make regulations prescribing all matters that are required or permitted to be prescribed by this Act or are necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to — ( a ) the forms and the fees for the purposes of this Act; ( b ) the appointment, functions, responsibilities and procedures of transplant ethics committees, and any other committee for purposes relating to the welfare and protection of organ donors and their families; ( c ) the preparation and the submission of such documents as may be prescribed; and ( d ) the regulation of organ transplant arrangements, the regulation or administration of payment of costs, expenses and loss of earnings in relation to the removal of any organ for the purpose of transplantation, and the operation of schemes granting medical benefits or privileges under section 13(4). [21


document_id: hpa-1969
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and application
content:
1. —(1) This Act is the Hire-Purchase Act 1969. (2) This Act shall apply to hire-purchase agreements or conditional sale agreements made on or after 1 September 2012. (3) In the case of agreements made before 1 September 2012, this Act shall continue to apply as if section 9 of the Consumer Protection (Fair Trading) (Amendment) Act 2012 had not been enacted. (4) The Minister may by order amend, vary, delete or add to any of the Schedules. (5) The Minister may, in any order made under subsection (4), make such transitional and savings provisions as he may consider necessary or expedient.


document_id: hpa-1969
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act — “action” includes counterclaim and set-off; “business day” means any day other than a Saturday, Sunday or public holiday; “cash” includes a cheque drawn on a banker; “certificate of entitlement” means a permit issued by the Registrar of Vehicles under section 10A of the Road Traffic Act 1961; “conditional sale agreement” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the owner (notwithstanding that the hirer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in that agreement are fulfilled; “court” means a Magistrate’s Court or a District Court; “dealer” means a person, not being the hirer or the owner or a servant of the owner, by whom or on whose behalf negotiations leading to the making of a hire-purchase agreement or a conditional sale agreement with the owner were carried out or by whom or on whose behalf the transaction leading to a hire-purchase agreement or a conditional sale agreement with the owner was arranged; “goods” includes any replacement or renewal by the hirer of any part or parts of any goods and any accessory added or addition made to any goods by the hirer during the period of the hiring; “guarantor” means a person who has guaranteed the performance by a hirer of all or any of his obligations under a hire-purchase agreement or a conditional sale agreement but does not include the dealer or a person engaged, at the time of the giving of the guarantee, in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement; “hire-purchase agreement” means an agreement, other than a conditional sale agreement, under which — ( a ) goods are bailed in return for periodical payments to the hirer; and ( b ) the property in the goods will pass to the hirer if the terms of the agreement are complied with and one or more of the following occur: (i) the exercise of an option to purchase by the hirer; (ii) the doing of any other specified act by any party to the agreement; (iii) the happening of any other specified event; “hirer” means the person who takes or has taken goods from an owner under a hire‑purchase agreement or a conditional sale agreement and includes a person to whom the hirer’s rights or liabilities under the agreement have passed by assignment or by operation of law; “licensed insurer” means an insurer who is for the time being licensed under section 11 of the Insurance Act 1966; “motor vehicle” means a motor vehicle within the meaning of the Road Traffic Act 1961; “owner” means a person by whom goods are bailed to a hirer under a hire‑purchase agreement or a conditional sale agreement and includes a person whom the owner’s rights or liabilities under the agreement have passed by assignment or by operation of law; “purchase price” means the total sum payable by the hirer under a hire-purchase agreement or a conditional sale agreement in order to complete the purchase of goods to which the agreement relates, exclusive of any sum payable as a penalty or as compensation or damages for a breach of the agreement; “regulated agreement” means a hire-purchase agreement or a conditional sale agreement which relates to the goods specified in the First Schedule, but does not include any agreement in which the hirer is engaged in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement; “third-party insurance” means any insurance in relation to liability in respect of death or bodily injury caused by or arising out of the use of a motor vehicle being insurance required by law; “vehicle registration fees” means any amount to be provided under a hire‑purchase agreement or a conditional sale agreement by the owner for payment by or on behalf of the hirer under the provisions of this Act in connection with the registration and use of a motor vehicle, including any amount payable for third‑party insurance and for the issue of a certificate of entitlement. (2) Where an owner has agreed that any part of the purchase price may be discharged otherwise than by the payment of money, any such discharge shall, for the purposes of this Act, be deemed to be a payment of that part of the purchase price. (3) Where, by virtue of 2 or more agreements, none of which by itself constitutes a hire‑purchase agreement or a conditional sale agreement, there is a bailment of goods and either the bailee may buy the goods or the property in the goods will or may pass to the bailee, the agreements shall, for the purposes of this Act, be treated as a single hire‑purchase agreement or a conditional sale agreement, as the case may be, made at the time when the last agreement was made. (4) The court shall have jurisdiction to try any action or proceeding arising out of or in relation to a hire‑purchase agreement or a conditional sale agreement to which this Act applies, including an action for an injunction and an action to rescind a contract, notwithstanding that apart from this subsection the court would have no jurisdiction to do so.


document_id: hpa-1969
provision_ref: s3
chapter: PART 2 - FORM AND CONTENTS OF REGULATED AGREEMENTS
section: 3
title: Requirements relating to regulated agreements
content:
3. —(1) Before a regulated agreement is entered into in respect of any goods, the owner shall give or cause to be given to the prospective hirer a written statement which shall contain the items set out in the Second Schedule. (2) Where a regulated agreement is entered into by way of acceptance by the owner of a written offer signed by or on behalf of the hirer, subsection (1) shall be deemed not to have been complied with unless the written statement was given to the prospective hirer before the written offer was signed. (3) Every regulated agreement — ( a ) shall be in writing and in the English language; ( b ) shall be signed by or on behalf of the hirer and all other parties to the agreement; ( c ) shall — (i) specify a date on which the hiring shall be deemed to have commenced; (ii) specify the number of instalments to be paid under the agreement by the hirer; (iii) specify the amounts of each of these instalments and the person to whom and the place at which the payments of these instalments are to be made; (iv) specify the time for the payment of each of those instalments; and (v) contain a description of the goods sufficient to identify them; ( d ) shall, where any part of the consideration is or is to be provided otherwise than in cash, contain a description of that part of the consideration; and ( e ) shall set out in a tabular form — (i) the price at which at the time of signing the agreement the hirer might have purchased the goods for cash (referred to in this Act and to be described in the agreement as cash price); (ii) the amount paid or provided by way of deposit (referred to in this Act and to be described in the agreement as deposit), if any, showing separately the amount paid in cash and the amount provided by any consideration other than cash; (iii) any amount (included in the total amount) payable to cover the expenses of delivering the goods or any of them or to the order of the hirer (referred to in this Act and to be described in the agreement as freight); (iv) any amount (included in the total amount) payable to cover vehicle registration fees in respect of the goods (to be described in the agreement as vehicle registration fees); (v) any amount (included in the total amount) payable for insurance in respect of the goods or any of them; (vi) the total of the amounts referred to in sub‑paragraphs (i), (iii), (iv) and (v) less the deposit, if any; (vii) the amount of any other charges included in the total amount payable (referred to in this Act and to be described in the agreement as terms charges); (viii) the total of the amounts referred to in sub‑paragraphs (vi) and (vii) (referred to in this Act as the balance originally payable under the agreement); (ix) the total amount payable; and (x) any other item set out in the Second Schedule.


document_id: hpa-1969
provision_ref: s4
chapter: PART 2 - FORM AND CONTENTS OF REGULATED AGREEMENTS
section: 4
title: Copy of documents to be served on hirer
content:
4. —(1) The owner shall serve or cause to be served on the hirer within 7 business days after the making of a regulated agreement — ( a ) a copy of the agreement; and ( b ) a notice, which is at least as prominent as the rest of the contents of the agreement, in the terms prescribed in the Third Schedule. (2) Where any part of the total amount payable consists of an amount paid or to be paid under a policy of insurance in respect of the goods, the owner shall serve or cause to be served on the hirer within 7 days of receipt of the policy, a copy of the policy or statement in writing setting out the terms, conditions and exclusions of the policy that affect the rights of the hirer.


document_id: hpa-1969
provision_ref: s5
chapter: PART 2 - FORM AND CONTENTS OF REGULATED AGREEMENTS
section: 5
title: Regulated agreements which are not enforceable
content:
5. —(1) A regulated agreement that is not in writing shall not be enforceable by the owner. (2) An owner shall not be entitled to enforce a regulated agreement or any contract of guarantee relating to a regulated agreement or any right to recover the goods from the hirer, and no security given by the hirer in respect of money payable under the regulated agreement or given by a guarantor in respect of money payable under such a contract of guarantee shall be enforceable against the hirer or guarantor by any holder of the security, unless the requirements set out in sections 3(3)( b ) to ( e ) and 4 have been complied with. (3) Notwithstanding subsection (2), where the court is satisfied that — ( a ) a failure to comply with any of the requirements set out in sections 3 and 4 has not prejudiced the hirer; and ( b ) it would be just and equitable to dispense with such of the requirements mentioned in paragraph ( a ), the court may, subject to any conditions that it thinks fit to impose, dispense with those requirements for the purpose of the action.


document_id: hpa-1969
provision_ref: s6
chapter: PART 3 - IMPLIED TERMS
section: 6
title: Implied terms as to title
content:
6. —(1) In every hire-purchase agreement, other than one to which subsection (2) applies, there is — ( a ) an implied term on the part of the owner that he will have a right to sell the goods at the time when the property is to pass; and ( b ) an implied term that — (i) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the hirer; and (ii) the hirer will enjoy quiet possession of the goods except so far as it may be disturbed by any person entitled to the benefit of any charge or encumbrance so disclosed or known. (2) In a hire-purchase agreement, in the case of which there appears from the agreement or is to be inferred from the circumstances of the agreement an intention that the owner should transfer only such title as he or a third person may have, there is — ( a ) an implied term that all charges or encumbrances known to the owner and not known to the hirer have been disclosed to the hirer before the agreement is made; and ( b ) an implied term that neither — (i) the owner; nor (ii) in a case where the parties to the agreement intend that any title which may be transferred shall be only such title as a third person may have, that person; nor (iii) anyone claiming through or under the owner or that third person otherwise than under a charge or encumbrance disclosed or known to the hirer, before the agreement is made, will disturb the quiet possession of the hirer. (3) The term implied by subsection (1)( a ) is a condition and the terms implied by subsections (1)( b ), (2)( a ) and (2)( b ) are warranties.


document_id: hpa-1969
provision_ref: s6A
chapter: PART 3 - IMPLIED TERMS
section: 6A
title: Bailing or hiring by description
content:
6A. —(1) Where under a hire-purchase agreement goods are bailed by description, there is an implied term that the goods will correspond with the description, and if under the agreement the goods are bailed by reference to a sample as well as a description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. (2) The term implied by subsection (1) is a condition. (3) Goods shall not be prevented from being bailed by description by reason only that, being exposed for sale or bailment, they are selected by the hirer.


document_id: hpa-1969
provision_ref: s6B
chapter: PART 3 - IMPLIED TERMS
section: 6B
title: Implied undertakings as to quality or fitness
content:
6B. —(1) Except as provided by this section and section 6C and subject to the provisions of any other written law, there is no implied term as to the quality or fitness for any particular purpose of goods bailed under a hire‑purchase agreement. (2) Where the owner bails goods under a hire‑purchase agreement in the course of a business, there is an implied term that the goods supplied under the agreement are of satisfactory quality. (3) For the purposes of this Part, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances. (4) For the purposes of this Part, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods: ( a ) fitness for all the purposes for which goods of the kind in question are commonly supplied; ( b ) appearance and finish; ( c ) freedom from minor defects; ( d ) safety; ( e ) durability. (5) The term implied by subsection (2) does not extend to any matter making the quality of goods unsatisfactory — ( a ) which is specifically drawn to the attention of the hirer before the agreement is made; ( b ) where the hirer examines the goods before the agreement is made, which that examination ought to reveal; or ( c ) where the goods are bailed by reference to a sample, which would have been apparent on a reasonable examination of the sample. (6) Where the owner bails goods under a hire‑purchase agreement in the course of a business and the hirer, expressly or by implication, makes known — ( a ) to the owner in the course of negotiations conducted by the owner in relation to the making of the hire‑purchase agreement; or ( b ) to a dealer in the course of negotiations conducted by that dealer in relation to goods sold by him to the owner before forming the subject matter of the hire‑purchase agreement, any particular purpose for which the goods are being bailed, there is an implied term that the goods supplied under the agreement are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the hirer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the owner or dealer. (7) An implied condition or warranty as to quality or fitness for a particular purpose may be annexed to a hire-purchase agreement by usage. (8) Subsections (1) to (7) apply to a hire‑purchase agreement made by a person who in the course of a business is acting as agent for the owner as they apply to an agreement made by the owner in the course of a business, except where the owner is not bailing in the course of a business and either the hirer knows that fact or reasonable steps are taken to bring it to the notice of the hirer before the agreement is made. (9) The terms implied by subsections (2) and (6) are conditions.


document_id: hpa-1969
provision_ref: s6C
chapter: PART 3 - IMPLIED TERMS
section: 6C
title: Samples
content:
6C. —(1) Where under a hire-purchase agreement goods are bailed by reference to a sample, there is an implied term — ( a ) that the bulk will correspond with the sample in quality; ( b ) that the hirer will have a reasonable opportunity of comparing the bulk with the sample; and ( c ) that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample. (2) The term implied by subsection (1) is a condition.


document_id: hpa-1969
provision_ref: s6D
chapter: PART 3 - IMPLIED TERMS
section: 6D
title: Modification of remedies for breach of statutory condition in non-consumer cases
content:
6D. —(1) Where in the case of a hire‑purchase agreement — ( a ) the hirer would, apart from this subsection, have the right to reject the goods by reason of a breach on the part of the owner of a term implied by section 6A, 6B or 6C(1)( a ) or ( c ); but ( b ) the breach is so slight that it would be unreasonable for him to reject them, then, if the hirer does not deal as consumer, the breach is not to be treated as a breach of condition but may be treated as a breach of warranty. (2) This section applies unless a contrary intention appears in, or is to be implied from, the agreement. (3) It is for the owner to show — ( a ) that a breach fell within subsection (1)( b ); and ( b ) that the hirer did not deal as consumer.


document_id: hpa-1969
provision_ref: s6F
chapter: PART 3 - IMPLIED TERMS
section: 6F
title: Special provisions as to conditional sale agreements
content:
6F. —(1) Section 11(3) of the Sale of Goods Act 1979 (whereby in certain circumstances a breach of a condition in a contract of sale is treated only as a breach of warranty) shall not apply to a conditional sale agreement where the buyer deals as consumer. (2) A breach of a condition (whether express or implied) to be fulfilled by the seller under any such agreement shall be treated as a breach of warranty, and not as grounds for rejecting the goods and treating the agreement as repudiated, if (but only if) it would have fallen to be so treated had the condition been contained or implied in a corresponding hire-purchase agreement as a condition to be fulfilled by the owner. (3) In subsection (2), “corresponding hire-purchase agreement” means a hire‑purchase agreement relating to the same goods as the conditional sale agreement and made between the same parties and at the same time and in the same circumstances and, as nearly as may be, in the same terms as the conditional sale agreement.


document_id: hpa-1969
provision_ref: s6G
chapter: PART 3 - IMPLIED TERMS
section: 6G
title: Interpretation of this Part
content:
6G. In this Part — ( a ) “business” has the same meaning as in the Sale of Goods Act 1979; ( b ) references to dealing as consumer are to be construed in accordance with Part 1 of the Unfair Contract Terms Act 1977.


document_id: hpa-1969
provision_ref: s7
chapter: PART 4 - HIRERS
section: 7
title: Liability of owner and person acting on his behalf for misrepresentation
content:
7. —(1) Every representation, warranty or statement made to the hirer or prospective hirer, whether orally or in writing, by the owner or the dealer or any person acting on behalf of the owner or the dealer in connection with or in the course of negotiations leading to the entering into of a regulated agreement shall confer on the hirer — ( a ) as against the owner — the same right to rescind the agreements as the hirer would have had if the representation, warranty or statement had been made by an agent of the owner; and ( b ) as against the person who made the representation, warranty or statement, and any person on whose behalf the person who made the representation, warranty or statement was acting in making it — the same right of action in damages as the hirer would have had against them or either of them if the hirer had purchased the goods from the person who made the representation, warranty or statement or the person on whose behalf the person who made the representation, warranty or statement was acting in making it (as the case may be) as a result of the negotiations. (2) Every covenant, condition or term in any regulated agreement or other document purporting to exclude, limit or modify the operation of subsection (1) or to preclude any right of action or any defence based on or arising out of any such representation, warranty or statement shall be void. (3) Without prejudice to any other rights or remedies to which an owner may be entitled, an owner shall be entitled to be indemnified — ( a ) by the person who made the representation, warranty or statement; and ( b ) by any person on whose behalf the representation, warranty or statement was made against any damage suffered by the owner as a result of any such representation, warranty or statement.


document_id: hpa-1969
provision_ref: s8
chapter: PART 4 - HIRERS
section: 8
title: Duty of owners to supply documents and information
content:
8. —(1) An owner shall, within 7 business days of the receipt thereof, comply with a written request made to him by a hirer, at any time before final payment has been made, whereby the hirer requires either a copy of the regulated agreement between the parties or a statement signed by the owner or his agent showing — ( a ) the amount paid to the owner by or on behalf of the hirer; ( b ) the amount which has become due under the agreement but remains unpaid; and ( c ) the amount which is to become payable under the agreement, or both such copy of the agreement and the statement. (2) Notwithstanding subsection (1), an owner need not comply with such a request — ( a ) if he has sent the hirer the document requested within a period of 3 months immediately preceding the request; or ( b ) unless the request is accompanied by a reasonable fee, which shall not exceed such amount as may be prescribed, if the hirer makes a second or subsequent request for a copy of the regulated agreement between the parties after the owner has previously complied with such a request. (3) In the event of a failure without reasonable cause to comply with subsection (1) then, while the default continues — ( a ) the owner shall not be entitled to enforce — (i) the agreement against the hirer; (ii) any right to recover the goods from the hirer; or (iii) any contract of guarantee relating to the agreement; or ( b ) any security given by the hirer in respect of money payable under the agreement or given by a guarantor in respect of money payable under a contract of guarantee relating to the agreement shall not be enforceable against the hirer or the guarantor by any holder of the security.


document_id: hpa-1969
provision_ref: s9
chapter: PART 4 - HIRERS
section: 9
title: Appropriation of payments made in regulated agreements
content:
9. —(1) A hirer who is liable to make payments in respect of 2 or more regulated agreements to the same owner shall, notwithstanding any agreement to the contrary, be entitled, on making any payment in respect of the agreements which is not sufficient to discharge the total amount then due under all the agreements, to require the owner to appropriate the sum so paid by him in or towards the satisfaction of the sum due under any one of the agreements, or in or towards the satisfaction of the sums due under any 2 or more of the agreements in such proportions as he thinks fit. (2) If the hirer fails to make any such appropriation as mentioned in subsection (1), the payment shall by virtue of this section be appropriated towards the satisfaction of the sums due under the respective regulated agreements in the order in which the agreements were entered into.


document_id: hpa-1969
provision_ref: s10
chapter: PART 4 - HIRERS
section: 10
title: Power of court to allow goods to be removed
content:
10. —(1) Where, by virtue of a regulated agreement, it is the duty of a hirer to keep the goods comprised in the agreement in his possession or control at a particular place or not to remove the goods from a particular place and the owner fails or refuses to give his consent to the request of the hirer for approval to remove the goods from the place, the court may, on the application of the hirer, make an order approving the removal of the goods to some other place which place shall, for the purposes of the agreement, be substituted for the place mentioned in the agreement. (2) No order shall be made under subsection (1) if the owner satisfies the court that he had good reason for failing or refusing to give his consent.


document_id: hpa-1969
provision_ref: s11
chapter: PART 4 - HIRERS
section: 11
title: Assignments of right, title and interest of hirer under regulated agreement
content:
11. —(1) The right, title and interest of a hirer under a regulated agreement may be assigned with the consent of the owner, or if his consent is unreasonably withheld, without his consent. (2) Except as otherwise provided in this section, no payment or other consideration shall be required by an owner for his consent to such an assignment as is mentioned in subsection (1) and where an owner requires any such payment or other consideration for his consent, that consent shall be deemed to be unreasonably withheld. (3) Where, at the request of a hirer under a regulated agreement, the owner fails or refuses to give his consent to an assignment by the hirer of his right, title and interest under the agreement, the hirer may apply to a court for an order declaring that the consent of the owner to that assignment has unreasonably been withheld. (4) Where an order is made under subsection (3) the consent shall be deemed to be unreasonably withheld. (5) As a condition of granting consent to an assignment of the right, title and interest of the hirer under a regulated agreement, the owner may stipulate that all defaults under the agreement shall be made good and may require the hirer and assignee — ( a ) to execute and deliver to the owner an assignment in a form approved by the owner whereby, without prejudicing or affecting the continuing personal liability of the hirer in those respects, the assignee agrees with the owner to be personally liable to pay the instalments remaining unpaid and to perform and observe all other stipulations and conditions of the regulated agreement during the residue of the term of the regulated agreement and whereby the assignee indemnifies the hirer in respect of those liabilities; and ( b ) to pay to the owner any reasonable costs incurred by the owner (including legal expenses) in preparing, drawing, stamping or registering the assignment, agreement or counterparts.


document_id: hpa-1969
provision_ref: s11A
chapter: PART 4 - HIRERS
section: 11A
title: Assignments of right, title and interest of owner under regulated agreement
content:
11A. —(1) The hirer under a regulated agreement may, by notice in writing to the owner, require the owner to assign his right, title and interest under the agreement to another person. (2) As a condition of the assignment of the right, title and interest of the owner under a regulated agreement, the owner may — ( a ) stipulate that all defaults under the agreement shall be made good; and ( b ) require the hirer and assignee — (i) to deliver to the owner a form of assignment whereby the assignee agrees to pay to the owner the net balance due under the agreement; and (ii) to pay to the owner any reasonable costs incurred by the owner (including legal expenses) in relation to the assignment. (3) Except as otherwise provided in this section, no payment or other consideration shall be required by an owner for an assignment referred to in subsection (1). (4) Where an owner fails or refuses to assign his right, title and interest under the regulated agreement as required by the hirer in accordance with this section, the hirer may apply to a court for an order requiring the owner to do so.


document_id: hpa-1969
provision_ref: s12
chapter: PART 4 - HIRERS
section: 12
title: Passing of right, title and interest by operation of law
content:
12. —(1) The right, title and interest of a hirer under a regulated agreement shall be capable of passing by operation of law to the personal representative of the hirer and if the hirer is a company the liquidator may exercise the same right under the agreement as the company. (2) Nothing in this section shall relieve any personal representative or liquidator from compliance with the provisions of the regulated agreement.


document_id: hpa-1969
provision_ref: s13
chapter: PART 4 - HIRERS
section: 13
title: Early completion of agreement
content:
13. —(1) The hirer under a regulated agreement may, if he has given notice in writing to the owner of his intention to do so, on or before the day specified for that purpose in the notice, complete the purchase of the goods by paying or tendering to the owner the net balance due under the agreement. (2) The rights conferred on the hirer by this section may be exercised by him — ( a ) at any time during the continuance of the agreement; or ( b ) where the owner has taken possession of the goods, upon payment to the owner (within 7 business days after the owner has served a notice in the form set out in the Fifth Schedule) in addition to the net balance due together with the reasonable costs including costs (if any) of storage, repair or maintenance of the goods incurred by the owner incidental to his taking possession of the goods.


document_id: hpa-1969
provision_ref: s14
chapter: PART 4 - HIRERS
section: 14
title: Power of hirer to terminate hiring
content:
14. —(1) The hirer of any goods comprised in a regulated agreement may terminate the hiring by returning the goods to the owner during ordinary business hours at the place at which the owner ordinarily carries on business or to the place specified for that purpose in the agreement. (2) Where the nature of the goods comprised in a regulated agreement or the facilities available at the place or places of business of the owner or the place specified in the agreement is or are such that it would be impracticable to return the goods to such a place, the hirer may terminate the hiring by returning the goods to any place agreed to by the parties to the agreement. (3) Where the parties fail to agree, the hirer who proposes to return the goods to the owner under this section may, subject to subsection (5), apply to a court for an order fixing the place to which the goods may be returned. (4) The court — ( a ) shall fix the place that is in its opinion reasonable having regard to all the circumstances surrounding the transaction; and ( b ) may order that, subject to the goods being returned to the owner, the hiring shall be terminated on such date as is specified in the order. (5) Notice of an application under subsection (3) shall be given to the owner by the hirer. (6) When a regulated agreement is terminated under this section, the owner is entitled to recover from the hirer — ( a ) the amount (if any) required to be paid in those circumstances under the agreement; or ( b ) the amount (if any) that the owner would have been entitled to recover if he had taken possession of the goods at the date of termination of the hiring, whichever is less. Repossession


document_id: hpa-1969
provision_ref: s15
chapter: PART 4 - HIRERS
section: 15
title: Notices to be given to hirer when goods repossessed
content:
15. —(1) Subject to this section, an owner shall not exercise any power of taking possession of goods comprised in a regulated agreement arising out of any breach of the agreement relating to the payment of instalments until he has served on the hirer a notice, in writing, in the form set out in the Fourth Schedule and the period fixed by the notice has expired, which shall not be less than 7 business days after the service of the notice. (2) An owner need not comply with subsection (1) if there are reasonable grounds for believing that the goods comprised in the regulated agreement will be removed or concealed by the hirer contrary to the provisions of the agreement, but the onus of proving the existence of those grounds shall lie upon the owner. (3) Within 7 business days after the owner has taken possession of goods that were comprised in a regulated agreement, he shall serve on the hirer and every guarantor of the hirer a notice, in writing, in the form set out in the Fifth Schedule. (4) Where the owner takes possession of goods that were comprised in a regulated agreement, he shall — ( a ) deliver or cause to be delivered to the hirer personally a document acknowledging receipt of the goods; or ( b ) if the hirer is not present at that time, send to the hirer immediately after taking possession of the goods a document acknowledging receipt of the goods. (5) The document acknowledging receipt of the goods required under subsection (4) shall set out a short description of the goods and the date on which, the time at which and the place where the owner took possession of the goods. (6) If the notice required by subsection (3) is not served, the rights of the owner under the regulated agreement shall thereupon cease and determine. (7) If the hirer exercises his rights under this Act to recover the goods so taken possession of, the agreement shall have the same force and effect in relation to the rights and liabilities of the owner and the hirer as it would have had if the notice under subsection (3) had been duly given.


document_id: hpa-1969
provision_ref: s16
chapter: PART 4 - HIRERS
section: 16
title: Owner to retain possession of goods repossessed for 7 business days
content:
16. Where an owner has taken possession of any goods, he shall not, without the written consent of the hirer, sell or dispose of the goods or part with possession of the goods — ( a ) until after the expiration of 7 business days after the date of the service on the hirer of the notice referred to in section 15(3); or ( b ) if notice under section 17(1)( a ) has been given, until the time for payment or tender pursuant to that notice has expired, whichever is the later.


document_id: hpa-1969
provision_ref: s17
chapter: PART 4 - HIRERS
section: 17
title: Hirer’s rights and immunities when goods repossessed
content:
17. —(1) Where the owner takes possession of any goods comprised in a regulated agreement — ( a ) the hirer may, within 7 business days after the service on him of the notice referred to in section 15(3), by giving to the owner a notice in writing signed by the hirer or his agent — (i) require the owner to redeliver to or to the order of the hirer (subject to compliance by the hirer with section 18) the goods that have been repossessed; or (ii) require the owner to sell the goods to any person introduced by the hirer who is prepared to buy the goods for cash at a price not less than the estimated value of the goods set out in the first‑mentioned notice; or ( b ) the hirer may recover from the owner — (i) if the value of the goods at the time of the owner so taking possession of the goods is less than the net amount payable under the agreement but the total of that value and the amount paid or provided, whether by cash or other consideration, by or on behalf of the hirer under the agreement exceeds the net amount payable — the difference between that total and the net amount payable; or (ii) if the value of the goods at the time of the owner so taking possession of the goods is equal to or greater than the net amount payable under the agreement — the total of that value and the amount paid or provided, whether by cash or other consideration, by or on behalf of the hirer under the agreement, less the net amount payable. (2) Where the owner takes possession of any goods comprised in a regulated agreement, the owner is not entitled to recover any sum (whether under a judgment or order or otherwise) which if added together with — ( a ) the value of the goods at the time of the owner so taking possession of the goods; and ( b ) the amount paid or provided, whether by cash or other consideration, by or on behalf of the hirer under the agreement, exceeds the net amount payable under the agreement in respect of the goods. (3) For the purposes of this section, the value of any goods at the time of the owner taking possession of the goods is — ( a ) the best price that could be reasonably obtained by the owner at that time; or ( b ) if the hirer has introduced a person who has bought the goods for cash, the amount paid by that person, less — ( c ) the reasonable costs incurred by the owner of and incidental to his taking possession of the goods; ( d ) any amount properly expended by the owner on the storage, repair or maintenance of the goods; and ( e ) (whether or not the goods have subsequently been sold or disposed of by the owner) the reasonable expenses of selling or otherwise disposing of the goods. (4) Where the owner has sold goods of which he has taken possession, the onus of proving that the price obtained by him for the goods was the best price that could be reasonably obtained by him at the time when he took possession of the goods shall lie upon the owner. (5) No amount is recoverable by the hirer under this section except where the owner has failed to serve on the hirer a notice as required by section 15(3) unless — ( a ) the hirer, within 7 business days after the owner has served a notice as required by section 15(3), gives to the owner notice in writing — (i) setting out the amount claimed under this section and the amount that is claimed by the hirer to be the value of the goods at the time of the owner taking possession of the goods; and (ii) signed by the hirer or his advocate and solicitor or agent; and ( b ) proceedings for the recovery of the amount so claimed under this section are commenced not later than 3 months after the giving by the hirer to the owner of the notice referred to in paragraph ( a ). (6) If, before the proceedings referred to in subsection (5) are commenced by the hirer, the owner serves an offer in writing on the hirer to pay any amount in satisfaction of the claim by the hirer under this section, the owner, in the proceedings, is entitled to pay into court the amount so offered and, upon so doing, is entitled to the same rights as he would have had if that amount had been tendered to the hirer before the proceedings were commenced. (7) No such right as is referred to in subsection (6) shall be available to the owner in any proceedings by the hirer to recover the amount so offered or any lesser amount if the hirer, before commencing the proceedings, notifies the owner in writing of the acceptance by the hirer of the amount so offered.


document_id: hpa-1969
provision_ref: s18
chapter: PART 4 - HIRERS
section: 18
title: Power of hirer to regain possession of goods in certain circumstances
content:
18. —(1) If, within 7 business days after giving notice to the owner under section 17(1)( a ), the hirer — ( a ) pays or tenders to the owner any amount due by the hirer under the regulated agreement in respect of the period of hiring up to the date of the payment or tender (and for the purposes of this paragraph the hiring shall be deemed to have continued up to that date); ( b ) remedies any breach of the agreement or (where he is unable to remedy the breach by reason of the fact that the owner has taken possession of the goods) pays or tenders to the owner the costs and expenses reasonably and actually incurred by the owner in doing any act, matter or thing necessary to remedy the breach; and ( c ) pays or tenders to the owner the reasonable costs and expenses of the owner of and incidental to his taking possession of the goods and of his returning them to the hirer, the owner shall forthwith return the goods to the hirer. (2) The goods shall be received and held by the hirer pursuant to the terms of the regulated agreement as if the breach had not occurred and the owner had not taken possession of the goods. (3) Where goods are returned to the hirer under subsection (1) and any breach of the regulated agreement has not been remedied, the owner has no right arising out of the breach to take possession of the goods unless — ( a ) by notice in writing given to the hirer at the time of the return of the goods he specifies the breach and requires it to be remedied; and ( b ) the hirer fails within 7 business days or within the time specified in the notice (whichever is the longer) after receiving the notice to remedy the breach.


document_id: hpa-1969
provision_ref: s19
chapter: PART 4 - HIRERS
section: 19
title: Power of court to vary existing judgments or orders when goods are repossessed
content:
19. In any proceedings arising out of a regulated agreement, after the owner has taken possession of the goods, the court before which the proceedings are brought may vary or discharge any judgment or order of the court against the hirer for the recovery of money so far as is necessary to give effect to section 17.


document_id: hpa-1969
provision_ref: s20
chapter: PART 5 - GUARANTORS
section: 20
title: Liability of guarantor and his rights on repossession
content:
20. —(1) Subject to this Act, a guarantor shall not, by reason of the operation of this Act, be discharged from liability under his guarantee. (2) The liability of a guarantor shall continue notwithstanding that the owner has, pursuant to the provisions of a regulated agreement, taken possession of the goods comprised in the regulated agreement (and whether or not the goods have been redelivered to the hirer pursuant to this Act). (3) Nothing in subsection (2) shall operate to preserve the liability of a guarantor where the owner and the hirer have entered into a new agreement in respect of the goods comprised in any regulated agreement. (4) No guarantor shall be liable to any further or other extent than the hirer, the performance of whose obligations he has guaranteed. (5) Nothing in this Act shall affect any agreement by the guarantor binding him to the performance of any obligation that is not one of the obligations imposed on the hirer under the regulated agreement in respect of which the guarantee is given. (6) Where goods have been delivered to the hirer pursuant to a regulated agreement and the owner subsequently takes possession of the goods, any guarantor who has paid any moneys to the owner in accordance with his guarantee shall have the like right in like manner to recover those moneys as he would have had if he had been the hirer of the goods. (7) For the purpose of calculating the amount received by the owner, all moneys paid and the value of any other consideration provided by or on behalf of the hirer shall be deemed to have been paid or provided by the guarantor. (8) No moneys shall be recovered by the guarantor in excess of the moneys actually paid by him.


document_id: hpa-1969
provision_ref: s21
chapter: PART 5 - GUARANTORS
section: 21
title: Guarantor not to be bound in certain cases
content:
21. —(1) Where a guarantor of the performance of the obligations of the hirer under a regulated agreement enters into an agreement binding the guarantor — ( a ) to pay to the owner an aggregate sum which is larger than the balance originally payable under the agreement; or ( b ) to perform an obligation in respect of goods other than the goods comprised in the regulated agreement, the agreement so entered shall be void unless the agreement is executed by the guarantor in the presence of a solicitor instructed and employed independently of the owner and the solicitor certifies in writing upon the agreement — ( c ) that he is satisfied that the guarantor understands the true purport and effect of the agreement; and ( d ) that the guarantor has executed the agreement in his presence. (2) A solicitor shall not give a certificate in respect of an agreement under subsection (1) unless — ( a ) he has read over and explained the agreement to the guarantor or has caused the agreement to be read over and explained to the guarantor in his presence; ( b ) he has examined the guarantor touching his knowledge of the agreement; ( c ) he is satisfied that the guarantor understands the true purport and effect of the agreement; and ( d ) the guarantor has freely and voluntarily executed the agreement in his presence. (3) Failure by a solicitor to comply with subsection (2) in respect of a certificate shall not invalidate the certificate.


document_id: hpa-1969
provision_ref: s22
chapter: PART 5 - GUARANTORS
section: 22
title: Rights of guarantor against owner
content:
22. —(1) A guarantor under this Part may at any time secure his discharge by paying the amount due to the owner from the hirer. (2) Upon such payment being made, the guarantor is entitled to — ( a ) sue the hirer in the name of the owner for any breach of the hirer’s obligations under the regulated agreement subject to providing the owner with a suitable indemnity for costs or sue in his own name if he takes a legal assignment of the debt under the regulated agreement; and ( b ) insist upon the transfer to himself of all securities taken by the owner from the hirer to secure performance of the hirer’s obligations. (3) A guarantor is entitled in the event of any claim being made against him by the owner on the guarantee to avail himself of any set‑off or counterclaim which the hirer may possess against the owner. (4) Unless otherwise agreed by the parties, a guarantor who exercises his rights under this section shall pay to the owner any reasonable costs incurred by the owner (including legal expenses) in preparing, drawing, stamping or registering the indemnity, assignment or transfer, as the case may be.


document_id: hpa-1969
provision_ref: s23
chapter: PART 5 - GUARANTORS
section: 23
title: Rights of guarantor against hirer
content:
23. —(1) A guarantor is entitled to be indemnified by the hirer against any claim made by the owner on the guarantee. (2) A guarantor is entitled to compel the hirer to pay the instalments in respect of the regulated agreement as and when they fall due; and for this purpose he may apply to the court for an order to that effect.


document_id: hpa-1969
provision_ref: s24
chapter: PART 5 - GUARANTORS
section: 24
title: Guarantor not to seize
content:
24. Nothing in this Part shall entitle a guarantor to exercise a licence to seize conferred on the owner by the regulated agreement except where the agreement expressly provides that the licence shall be assignable.


document_id: hpa-1969
provision_ref: s25
chapter: PART 6 - INSURANCE
section: 25
title: Owner may require insurance cover for goods
content:
25. An owner may, subject to section 26, require any goods comprised in a regulated agreement to be insured in the names of the owner and the hirer against any risk that he thinks fit for the period of the agreement at the expense of the hirer.


document_id: hpa-1969
provision_ref: s26
chapter: PART 6 - INSURANCE
section: 26
title: Restrictions on owner’s rights to require insurance
content:
26. —(1) An owner shall not require a hirer to insure any such risk with any particular licensed insurer. (2) An owner shall not refuse to enter into a regulated agreement with a person who effects insurance of the goods for the period of the agreement against such risks and subject to such reasonable terms, conditions and exceptions as are required by the owner in the names of the owner and the hirer with a licensed insurer if the owner has no other grounds upon which the owner could reasonably refuse to enter into the agreement. (3) An owner shall not require a hirer to obtain insurance against risks or subject to terms, conditions and exceptions that the owner would not require if he arranged the insurance. (4) Where any goods comprised in a regulated agreement are insured in the joint names of the owner and the hirer against any risk with a particular licensed insurer, there shall be an implied condition in the agreement that the hirer shall not, during the period of the agreement, insure those goods against any risk with another licensed insurer without first informing the owner.


document_id: hpa-1969
provision_ref: s27
chapter: PART 6 - INSURANCE
section: 27
title: Benefit of rebate to pass to hirer
content:
27. —(1) Where, in respect of the insurance of goods comprised in a regulated agreement, the insurer allows any rebate including a no‑claim rebate or rebate of a similar nature (as distinct from legitimate agency commission payable to an owner who is also a bona fide agent of an insurer and who arranges the insurance on behalf of the hirer) the hirer under the agreement is entitled to the benefit of the rebate. (2) Any person who knowingly pays or allows any rebate referred to in subsection (1) to an owner shall be guilty of an offence.


document_id: hpa-1969
provision_ref: s28
chapter: PART 6 - INSURANCE
section: 28
title: Contents of contracts of insurance
content:
28. Every copy of a policy of insurance (not being a policy of third‑party insurance) and every statement, served upon a hirer under section 4, shall — ( a ) identify the goods or the part of the goods to be insured; ( b ) contain a statement of the amount and period for which the goods are insured or are to be insured; and ( c ) if the amount for which the goods are or are to be insured will vary during the period of the agreement, contain a statement showing the varying amounts.


document_id: hpa-1969
provision_ref: s29
chapter: PART 7 - GENERAL
section: 29
title: Limitation on terms charges
content:
29. —(1) The terms charges in relation to a regulated agreement shall not exceed such amount as may be prescribed in respect of any goods or class of goods. (2) Where a regulated agreement is entered into in contravention of this section, the hirer may, by notice in writing to the owner signed by the hirer or the hirer’s agent, elect either to treat the agreement as void or to have his liability reduced by the amount included in the agreement for terms charges. (3) Where the hirer elects to treat the regulated agreement as void, the agreement shall be void, and the amount paid or provided, whether by cash or other consideration, by or on behalf of the hirer under the agreement shall be recoverable by action as a debt due to him by the owner. (4) Where the hirer elects to have his liability reduced by the amount included in the agreement for terms charges, his liability shall be reduced by that amount and that amount may be set‑off by the hirer against the amount that would otherwise be due under the agreement and, to the extent to which it is not so set‑off, may be recovered by action by the hirer as a debt due to him by the owner. 30. [ Repealed by Act 38 of 2004 ] 31. [ Repealed by Act 38 of 2004 ]


document_id: hpa-1969
provision_ref: s32
chapter: PART 7 - GENERAL
section: 32
title: Power of court to reopen certain regulated agreement transactions
content:
32. —(1) In any proceedings under this Act or arising out of a regulated agreement, or instituted under subsection (4), where it appears to the court that the transaction is harsh and unconscionable or is otherwise such that it will be just to give relief the court may reopen the transaction. (2) The court reopening any transaction under this section may, notwithstanding any statement or settlement of accounts or any agreement purporting to close previous dealings and create a new obligation — ( a ) reopen any account already taken between the parties; ( b ) relieve the hirer and any guarantor from payment of any sum in excess of such sum in respect of the cash price, terms charges, and other charges as the court adjudges to be fairly and reasonably payable; ( c ) set aside either wholly or in part or revise or alter any agreement made or security given in connection with the transaction; ( d ) give judgment for any party for such amount as having regard to the relief (if any) that the court thinks fit to grant, is justly due to that party under the agreement; and ( e ) if it thinks fit give judgment against any party for delivery of the goods if they are in his possession. (3) Where it appears to the court that any person other than the owner has shared in the profits of or has any beneficial interest prospectively or otherwise in the transaction that the court holds to be harsh and unconscionable, the court may — ( a ) add that person as a party to the case; ( b ) give judgment against that person for such amount as it thinks fit or for the delivery of the goods if they are in his possession; and ( c ) make such other order in respect of that person as it thinks fit. (4) Subject to subsection (5), proceedings may be instituted in the court by the hirer or any guarantor under a regulated agreement for the purpose of obtaining relief under this section. (5) A hirer or guarantor under a regulated agreement shall not be entitled to institute proceedings under this section — ( a ) in a case where the owner has taken possession of the goods comprised in the agreement after the expiration of a period of 4 months after the date on which the owner serves on the hirer the notice required by section 15(3) to be served on him; or ( b ) in any other case, after the expiration of a period of 4 months from the time when the transaction is closed. (6) In any proceedings under this section, the court shall have and may exercise all or any of the powers conferred by subsections (1), (2) and (3) notwithstanding that the time for the payment of any of the amounts payable under the agreement may not have arrived.


document_id: hpa-1969
provision_ref: s33
chapter: PART 7 - GENERAL
section: 33
title: Avoidance of certain provisions
content:
33. Any provision in any regulated agreement whereby — ( a ) any right conferred on the hirer by this Act to determine a regulated agreement is excluded or restricted; ( b ) the hirer is subject to any greater liability on the determination, in any manner, of the regulated agreement or of the bailment under the regulated agreement, than the liability to which he would be subject if the regulated agreement were determined in accordance with this Act; ( c ) the hirer is required to pay interest on any overdue instalment at a rate per annum exceeding that as may be prescribed by the Minister by notification in the Gazette ; ( d ) the owner is relieved from liability for the acts or defaults of any person acting in connection with or in the course of the negotiations leading to the entering into of the regulated agreement; ( e ) the owner or any person acting on his behalf is authorised to enter upon any premises for the purpose of taking possession of goods comprised in a regulated agreement otherwise than in accordance with the provisions of this Act or is relieved from liability for any such entry; ( f ) the operation of the regulated agreement is determined or modified or any person is authorised to repossess any goods comprised in a regulated agreement if the hirer becomes bankrupt or executes a deed of assignment or a deed of arrangement (whether all or any of those events are named); or ( g ) except as expressly provided by this Act, the operation of any provision of this Act is excluded, modified or restricted, shall be void and of no effect.


document_id: hpa-1969
provision_ref: s34
chapter: PART 7 - GENERAL
section: 34
title: Provisions relating to securities collateral to regulated agreements
content:
34. Where — ( a ) a bill of exchange or promissory note has been given by a hirer or guarantor under a regulated agreement to the owner in respect of an amount payable under the agreement; and ( b ) the payment in due course of the bill of exchange or promissory note would, by virtue of the operation of any provision of this Act or otherwise, result in payment of an amount in excess of the liability of the hirer under the agreement, the owner shall be liable to indemnify the hirer or guarantor, as the case may be, in respect of the amount of the excess.


document_id: hpa-1969
provision_ref: s35
chapter: PART 7 - GENERAL
section: 35
title: False statement by dealers, etc., in proposals
content:
35. Where — ( a ) a dealer or a person on behalf of a dealer, an agent or a person on behalf of an owner prepares or causes to be prepared a regulated agreement or offer in writing that, if accepted, will constitute a regulated agreement with the intention of bringing about a contractual relationship between an owner and a hirer; and ( b ) the agreement or offer contains to the knowledge of the dealer or a person on behalf of the dealer, agent or person acting on behalf of the owner, as the case may be, a false statement or representation that is false in any material particular, the dealer or a person on behalf of the dealer, agent or person acting on behalf of the owner 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 12 months or to both.


document_id: hpa-1969
provision_ref: s36
chapter: PART 7 - GENERAL
section: 36
title: Hirer may be required to state where goods are
content:
36. —(1) The owner of any goods comprised in a regulated agreement may — ( a ) at any time by notice in writing served on the hirer of the goods, require him to state in writing where the goods are; or ( b ) if the goods are not in the possession of the hirer, to whom he delivered the goods or the circumstances under which he lost possession of them. (2) Any hirer who — ( a ) does not, within 7 business days after the receipt of such a notice, give to the owner such a statement; or ( b ) gives a statement containing any information that is to the knowledge of the hirer false, 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 12 months or to both.


document_id: hpa-1969
provision_ref: s37
chapter: PART 7 - GENERAL
section: 37
title: Fraudulent sale or disposal of goods by hirer
content:
37. Every person who — ( a ) by the disposal or sale of any goods comprised in a regulated agreement; ( b ) by the removal of the goods; or ( c ) by any other means, defrauds or attempts to defraud the owner 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 3 years or to both.


document_id: hpa-1969
provision_ref: s38
chapter: PART 7 - GENERAL
section: 38
title: Certain alterations of regulated agreements to be of no effect
content:
38. Where a regulated agreement is signed by or on behalf of the hirer, any alteration of, or matter added to, the written document that contains the terms and conditions of the agreement after the document was signed — ( a ) if the alteration is an alteration of any of the matters required to be specified, contained, or set out in the agreement by section 3(3)( c ) to ( e ); or ( b ) if the additional matter is a matter required to be so specified, contained, or set out or affects any matter required to be so specified, contained or set out, has no force or effect unless the hirer or his agent has consented to the alteration or the additional matter by signing or initialling in the margin of the agreement opposite the alteration or additional matter.


document_id: hpa-1969
provision_ref: s39
chapter: PART 7 - GENERAL
section: 39
title: Secondhand goods
content:
39. —(1) Where goods comprised in a regulated agreement are, at the time when the agreement is entered into, secondhand goods then unless — ( a ) the goods are described in the agreement as secondhand goods; or ( b ) in any proceedings taken by the owner to enforce the agreement, the court is satisfied that — (i) the hirer was aware at the time when he or his agent signed the agreement that the goods comprised or to be comprised in the agreement were secondhand goods; or (ii) the owner was not aware at the time when the agreement was entered into the goods comprised in the agreement were secondhand goods, the liability of the hirer under the agreement shall be reduced by the amount included in the agreement for terms charges. (2) The amount may be set-off by the hirer against the amount that would otherwise be due or become due to the owner under the agreement and, to the extent to which it is not so set‑off, may be recovered by the hirer from the owner as a civil debt.


document_id: hpa-1969
provision_ref: s40
chapter: PART 7 - GENERAL
section: 40
title: Worker’s lien
content:
40. —(1) Subject to subsection (2) where a worker does work upon goods comprised in a regulated agreement in such circumstances that, if the goods were the property of the hirer, the worker would be entitled to a lien on the goods for the value of his work, he shall be entitled to a lien notwithstanding that the goods are not the property of the hirer. (2) The lien is not enforceable against the owner if the regulated agreement contains a provision prohibiting the creating of a lien by the hirer and the worker had notice of that provision before doing the work upon the goods.


document_id: hpa-1969
provision_ref: s41
chapter: PART 7 - GENERAL
section: 41
title: Fixtures
content:
41. —(1) Where the goods comprised in a regulated agreement were not fixtures to land at the time when the agreement was entered into, the goods shall not, so long as the owner retains any rights in those goods under the agreement, be treated as fixtures to land. (2) Notwithstanding anything in subsection (1), the owner shall not be entitled to repossess goods which have been affixed to a dwelling‑house or residence, if after the goods have become so affixed any person other than the hirer has bona fide acquired through valuable consideration an interest in the land without notice of the rights of the owner of the goods. (3) Where any damage is caused to land or any building by the removal and repossession of any goods affixed to the land or building by the owner of the goods, he shall compensate the owner of the land or the building, as the case may be, in respect of the damage.


document_id: hpa-1969
provision_ref: s42
chapter: PART 7 - GENERAL
section: 42
title: Operation of certain laws
content:
42. The Bills of Sale Act 1886 and any subsequent or other written law for the time being in force relating to bills of sale shall not apply to any provision in a regulated agreement whereby the rights of the owner under the regulated agreement are extended to any replacement or renewal by the hirer of any part or parts of goods or any accessory added or addition made by the hirer to any goods comprised in any such agreement.


document_id: hpa-1969
provision_ref: s43
chapter: PART 7 - GENERAL
section: 43
title: Power of court to extend times
content:
43. Any time prescribed by this Act for the service or giving of any notice or other document or for the commencement of proceedings may, on an application made to a court (either before or after the expiration of that time but after notice to the other party to the regulated agreement), be extended by that court for such further period, and upon such conditions, as the court thinks fit.


document_id: hpa-1969
provision_ref: s44
chapter: PART 7 - GENERAL
section: 44
title: Power of court to order delivery of goods unlawfully detained
content:
44. —(1) Where — ( a ) an application is made to the court by an owner who is entitled to take possession of any goods comprised in a regulated agreement; and ( b ) the application is supported by evidence on affidavit that the hirer or any person in possession of the goods has refused or failed to deliver up possession of the goods on the service of a notice of demand made by the owner or by an agent of the owner authorised in that behalf, the court may summon that hirer or person to appear before the court. (2) If it appears to the court that the goods are being detained without just cause, the court may order the goods to be delivered up to the owner at or before a time and at a place, to be specified in the order. (3) Any person who neglects or refuses to comply with any order made under this section shall be guilty of an offence.


document_id: hpa-1969
provision_ref: s45
chapter: PART 7 - GENERAL
section: 45
title: Service of notices or documents
content:
45. Any notice or document required or authorised to be served on or given or sent to an owner or hirer or any person under this Act shall be deemed to be duly served or given or sent if it has been — ( a ) delivered to him personally; ( b ) left at his place of residence or business with some other person apparently an inmate of or employed at that place of residence or business and apparently of or over the age of 16 years; or ( c ) posted by registered post addressed to him at his last known place of residence or business.


document_id: hpa-1969
provision_ref: s46
chapter: PART 7 - GENERAL
section: 46
title: Proof of service
content:
46. The affidavit or oral evidence of an owner or his servant or agent as to the delivery, leaving or posting of any notice or document required or authorised to be served, given or sent by this Act shall be admissible as prima facie proof of service, giving or sending of the notice or document.


document_id: hpa-1969
provision_ref: s47
chapter: PART 7 - GENERAL
section: 47
title: Size, type, etc., required in certain documents
content:
47. —(1) Any prescribed document or part thereof — ( a ) not being the signature or initials of any person, that is in handwriting that is not clear and legible; or ( b ) that is printed in type of a size smaller than the type known as ten‑point Times, shall, for the purposes of this Act, be deemed not to be in writing. (2) In this section, “prescribed document” means — ( a ) any regulated agreement; ( b ) any written statement under section 3(1); ( c ) any copy of an agreement, notice or statement required by section 4 to be served on a hirer; ( d ) any statement required by section 8(1) to be sent to a hirer; and ( e ) any notice under section 15(1) or (3). (3) Where, by virtue of this section, a prescribed document or part thereof is, for the purposes of this Act, deemed not to be in writing, then, except as is otherwise in this Act expressly provided, the validity or effect of the prescribed document shall not be affected. (4) Nothing in this section shall affect the liability of any person to be convicted of an offence under this Act.


document_id: hpa-1969
provision_ref: s48
chapter: PART 7 - GENERAL
section: 48
title: Penalty
content:
48. Any person who is guilty of an offence under this Act or any of its regulations for which no other penalty is expressly provided by this Act or any of its regulations shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: hpa-1969
provision_ref: s49
chapter: PART 7 - GENERAL
section: 49
title: Regulations
content:
49. —(1) The Minister may make regulations for or in respect of every purpose which he considers necessary for carrying out the provisions of this Act and for the prescribing of any matter which is authorised or required under this Act to be so prescribed. (2) In addition to the powers conferred by subsection (1), the Minister may make regulations providing — ( a ) for the minimum amounts of deposits and maximum maturity periods for different types or classes of loans or advances granted by owners; ( b ) for the submission by owners who enter into regulated agreements of such annual and periodic accounts and returns as may be prescribed and in such form as may be prescribed; and ( c ) for the collection, at such intervals or on such occasion and in such form as may be prescribed, of statistical information on such matters relating to hire-purchase as may be prescribed.


document_id: hpa-2007
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. —(1) This Act is the Health Products Act 2007. (2) Part 14 comes into operation on such date as the Minister charged with the responsibility for national development may, by notification in the Gazette , appoint.


document_id: hpa-2007
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “active ingredient” means any substance or compound that is usable in the manufacture of a health product as a pharmacologically active constituent; “adverse effect”, in relation to a health product, means any debilitating, harmful, toxic or detrimental effect that the health product has been found to have or to be likely to have on the body or health of humans when the health product is used by or administered to humans; “advertisement”, in relation to a health product, means the publication, dissemination or conveyance of any information for the purpose of promoting, whether directly or indirectly, the sale or use of that health product by any means or in any form, including the following: ( a ) publication in a newspaper, magazine, journal or other periodical; ( b ) display of posters or notices; ( c ) circulars, handbills, brochures, pamphlets, books or other documents; ( d ) letters addressed to individuals or bodies corporate or unincorporate; ( e ) photographs or cinematograph films; ( f ) sound broadcasting, television, the Internet or other media; ( g ) public demonstration of the use of the health product; ( h ) offer of trials of the health product to members of the public; “analyst” means any person who is designated as an analyst by the Chief Executive under section 8; “Appeal Advisory Committee” means an Appeal Advisory Committee established by the Minister under section 11; “Authority” means the Health Sciences Authority established under section 3 of the Health Sciences Authority Act 2001; “Chief Executive” means the person appointed under section 15 of the Health Sciences Authority Act 2001 to be the Chief Executive of the Authority; “clinical trial” means an investigation in respect of a health product that involves human subjects and that is intended to — ( a ) discover or verify its clinical, pharmacological or pharmacodynamic effects; ( b ) identify any adverse effect that may arise from its use; ( c ) study its absorption, distribution, metabolism and excretion; or ( d ) ascertain its safety or efficacy; “efficacy”, in relation to a health product that is a device, includes the ability of the device to properly carry out its intended purpose; “enforcement officer” means — ( a ) the Chief Executive; or ( b ) any officer of the Authority or any other person who is appointed by the Chief Executive under section 7 to be an enforcement officer; “health product” means any substance, preparation or device — ( a ) that — (i) is represented for use by humans; (ii) whether because of its presentation or otherwise, is likely to be taken for use by humans; or (iii) is included in a class of substances, preparations or devices which are or are ordinarily intended for use by humans, solely or principally for a health-related purpose; and ( b ) that falls within any of the categories of health products specified in the First Schedule; “health-related purpose” means a therapeutic, preventive, palliative, diagnostic or cosmetic purpose, or any other purpose for the promotion or preservation of human health and wellbeing, and includes the following: ( a ) preventing, diagnosing, monitoring, treating, curing or alleviating any disease, disorder, ailment, injury, handicap or abnormal physical or mental state, or the symptoms thereof, in humans; ( b ) compensating for any injury or handicap in humans; ( c ) investigating, modifying or replacing any part of the human anatomy or any physiological process in humans; ( d ) testing the susceptibility of humans to any disease, disorder or ailment; ( e ) influencing, controlling or preventing conception in humans; ( f ) testing for pregnancy in humans; ( g ) inducing anaesthesia in humans; ( h ) destroying or inhibiting micro-organisms that may be harmful to humans; ( i ) cleansing, fragrancing, deodorising, beautifying, preserving, improving, altering or restoring the complexion, skin, hair, nails or teeth of humans; “importer’s licence” means a licence authorising the holder of the licence to import any health product; “intended purpose”, in relation to a health product, means the use for which the health product is intended according to the specifications of its manufacturer as stated on all or any of the following: ( a ) the label of the health product; ( b ) the instructions for use of the health product; ( c ) the promotional materials in relation to the health product; “label”, in relation to a health product or an active ingredient, means any written, printed or graphic representation that appears on or is attached to the health product or active ingredient or any part of its packaging, and includes any informational sheet or leaflet that accompanies the health product or active ingredient when it is being supplied; “licence” means any licence issued by the Authority under this Act; “manufacture”, in relation to a health product, means to make, fabricate, produce or process the health product and includes — ( a ) any process carried out in the course of so making, fabricating, producing or processing the health product; and ( b ) the packaging and labelling of the health product before it is supplied; “manufacturer’s licence” means a licence authorising the holder of the licence to manufacture any health product; “Minister” means, except in Part 14, the Minister charged with the responsibility for health; “National Parks Board” means the National Parks Board established by the repealed National Parks Act (Cap. 198A, 1991 Revised Edition) as in force before 1 July 1996 and continued by section 3 of the National Parks Board Act 1996; “packaging”, in relation to a health product or an active ingredient, means the container and other packaging material in which the health product or active ingredient is supplied; “presentation”, in relation to a health product, means the way in which the health product is presented for supply, and includes matters relating to the name of the health product, the packaging and labelling of the health product and any other informational material associated with the health product; “prohibited substance” means a substance that is prescribed as a substance that is not to be contained at all in any health product or in any particular category of health products; “recall”, in relation to a health product, means any action taken by its manufacturer, importer, supplier or registrant to remove the health product from the market or to retrieve the health product from any person to whom it has been supplied, because the health product — ( a ) may be hazardous to health; ( b ) may fail to conform to any claim made by its manufacturer or importer relating to its quality, safety or efficacy; or ( c ) may not meet the requirements of this Act; “Register of Health Products” means the Register of Health Products kept and maintained by the Authority under section 34; “registered health product” means a health product currently registered under Part 7; “registrant”, in relation to a registered health product, means the person who applied for and obtained the registration of the health product under this Act; “regulations” means regulations made under section 72; “sample”, in relation to a health product or an active ingredient, includes a sample of the packaging of the health product or active ingredient; “supply”, in relation to a health product, means to transfer possession of the health product by any means whether or not for reward, and includes the following: ( a ) to sell the health product, whether by retail, wholesale or auction; ( b ) to expose or display the health product as an invitation to treat; ( c ) to transfer possession of the health product by exchange, gift, lease, loan, hire or hire-purchase; ( d ) to supply the health product in connection with — (i) a contract for the provision of any goods or the performance of any service; or (ii) any advertising, sponsorship or promotional activity; ( e ) to supply the health product by way of administration to or application in any person in the course of any diagnosis, treatment or test; ( f ) to offer, agree or attempt to supply the health product in any of the ways described in paragraphs ( a ) to ( e ) or to cause or permit the health product to be so supplied; ( g ) to keep or possess the health product for the purpose of supplying it in any of the ways described in paragraphs ( a ) to ( f ); “veterinarian” means a person who is licensed under section 53 of the Animals and Birds Act 1965 to treat, vaccinate or inoculate any animal or bird; “wholesale”, in relation to a health product, means any one or more of the following: ( a ) supplying the health product to a person who obtains the health product for the purposes of supplying it again to some other person; ( b ) supplying the health product to a person as a commercial sample in the normal course of a lawful trade; ( c ) supplying the health product to a Government department or statutory body which requires the health product for the purposes of the public service or use in connection with the exercise of any statutory power; ( d ) supplying the health product to a person or an institution concerned with scientific education or research which requires the health product for the purpose of education or research; ( e ) supplying the health product to a person who requires the health product for the purpose of enabling the person to comply with any requirements made by, or pursuant to, any written law with respect to the medical treatment of individuals employed by that person in any business or trade carried out by that person; ( f ) supplying the health product to a person who requires to use the health product, other than by way of administration to one or more individuals, for the purpose of the person’s business or trade; ( g ) supplying the health product by export to a party outside Singapore; “wholesaler’s licence” means a licence authorising the holder of the licence to supply any health product by wholesale. [10/2019] (2) For the purposes of this Act — ( a ) a health product is adulterated if it contains or has been mixed with any substance or ingredient that is not stated on its label as being one of its constituent substances or ingredients, except where the substance is an inactive ingredient — (i) which is permitted as a food additive or flavouring agent according to the Codex Alimentarius or any other similar document that may be prescribed; or (ii) which is approved by the Authority; ( b ) a health product is counterfeit if — (i) it is presented in such a manner as to resemble or pass off as a registered health product when in fact it is not; or (ii) it is presented with any false information as to its manufacturer or origin; ( c ) a health product is tampered with if it has been modified or interfered with in any way, including through the introduction or incorporation in it of any substance or component that is not referred to in the specifications of its manufacturer; and ( d ) a health product is unwholesome if — (i) it is not in conformity as regards strength, quality or purity with the specifications of its manufacturer; (ii) it has a strength which differs from, or a standard of quality or purity which falls below, that which is represented on its label; (iii) any of its constituent substances or ingredients, as stated on its label, has been extracted or omitted from it; (iv) it contains any prohibited substance or any substance in excess of the prescribed permitted concentration; (v) it consists in whole or in part of any filthy, putrid or decomposed substance; (vi) it has been manufactured or stored under unsanitary conditions; (vii) it has been kept in a package which is composed in whole or in part of any substance which may render the contents injurious to health; (viii) it has been packed with any substance so as to reduce the strength, quality or purity or beneficial properties that it would have had if


document_id: hpa-2007
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purposes of Act
content:
3. The purposes of this Act are — ( a ) to provide for the categorisation of health products in accordance with their different characteristics and uses; ( b ) to provide the framework for a uniform approach for — (i) the registration of health products; and (ii) the regulation of the manufacture, import, supply, storage, presentation and advertisement of health products; ( c ) to allow for each category of health products to be registered and regulated by reference to its formulation, composition, design specification, quality, safety and efficacy and within the framework provided by this Act; and ( d ) to prescribe the standards for health products in relation to their formulation, composition, design specification, quality, safety, efficacy and presentation.


document_id: hpa-2007
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Act to apply only to health products specified in First Schedule
content:
4. —(1) Except for and as provided in Part 14, this Act applies only in relation to the categories of health products that are specified and described in the first and second columns of the First Schedule to the extent prescribed in the third column thereof. (2) The Minister may, after consulting the Authority, by order in the Gazette add to, amend or vary the categories and descriptions of health products in the First Schedule and the extent to which the provisions of this Act apply to those health products. (3) In prescribing the extent to which this Act applies to any category of health products, the Minister may, in the third column of the First Schedule, specify the provisions or any part of any provision of this Act that do or do not apply in relation to such category of health products.


document_id: hpa-2007
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Act not to apply to supply or use of health products and active ingredients for veterinary purposes
content:
5. Except as provided in Part 14, this Act does not apply in relation to the supply or use by a veterinarian of any health product or active ingredient for veterinary purposes.


document_id: hpa-2007
provision_ref: s6
chapter: PART 2 - ADMINISTRATION
section: 6
title: Administration of Act
content:
6. The Authority is responsible for the administration and enforcement of this Act (except for Part 14) subject to the general and special directions of the Minister.


document_id: hpa-2007
provision_ref: s7
chapter: PART 2 - ADMINISTRATION
section: 7
title: Appointment of enforcement officers
content:
7. —(1) The Chief Executive may in writing appoint — ( a ) any officer of the Authority; or ( b ) with the approval of the Authority, any other person, to be an enforcement officer for the purposes of this Act. (2) Every enforcement officer, when exercising his or her powers and carrying out his or her duties under this Act, must comply with such general or special directions as may, from time to time, be given to him or her by the Chief Executive. (3) Every enforcement officer when exercising any of his or her powers under this Act must, if not in uniform, declare his or her office and must, on demand, produce to any person affected by the exercise of that power such identification card as the Authority may direct to be carried by the enforcement officer when exercising that power.


document_id: hpa-2007
provision_ref: s8
chapter: PART 2 - ADMINISTRATION
section: 8
title: Designation of analysts
content:
8. The Chief Executive may designate any suitably qualified person as an analyst to carry out any test, evaluation or analysis as may be necessary for the purpose of the administration and enforcement of this Act.


document_id: hpa-2007
provision_ref: s9
chapter: PART 2 - ADMINISTRATION
section: 9
title: Enforcement officers and analysts deemed to be public officers
content:
9. Every enforcement officer and analyst is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: hpa-2007
provision_ref: s10
chapter: PART 2 - ADMINISTRATION
section: 10
title: Advisory Committees
content:
10. The Authority may establish one or more Advisory Committees consisting of any persons that it thinks fit to appoint for the purpose of advising the Authority on such matters arising from the administration and enforcement of this Act as are referred to them by the Authority.


document_id: hpa-2007
provision_ref: s11
chapter: PART 2 - ADMINISTRATION
section: 11
title: Appeal Advisory Committees
content:
11. The Minister may establish one or more Appeal Advisory Committees consisting of such persons as the Minister thinks fit to appoint for the purpose of — ( a ) assisting him or her in the determination of any appeal that is brought to him or her under this Act; and ( b ) advising him or her on any matter arising from any such appeal.


document_id: hpa-2007
provision_ref: s12
chapter: PART 3 - MANUFACTURE AND IMPORT OF HEALTH PRODUCTS
section: 12
title: Manufacture of health products
content:
12. —(1) Except in such cases as may be prescribed, a person must not manufacture any health product unless — ( a ) the person holds a valid manufacturer’s licence; and ( b ) the manufacture of the health product is carried out in accordance with the conditions of the licence. (2) A manufacturer’s licence does not authorise the holder of the licence to supply any health product manufactured by the holder to any other person unless the health product so manufactured by the holder is a registered health product. (3) A person must not use any premises or facility for the manufacture of any health product unless the premises or facility is authorised for such use under the person’s manufacturer’s licence or the provisions of this Act, or by the Authority. (4) Every manufacturer of a health product must ensure that the manufacture of the health product is carried out in accordance with such requirements as may be prescribed. (5) A person must not manufacture, or procure or arrange for the manufacture of, any health product which is — ( a ) an adulterated health product; ( b ) a counterfeit health product; or ( c ) an unwholesome health product. (6) Any person who contravenes subsection (1), (3), (4) or (5) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an offence under subsection (1), (3), (4) or (5)( c ), to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in the case of an offence under subsection (5)( a ) or ( b ), to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both. (7) In any proceedings for an offence under subsection (5), it is a defence for the accused to prove that the accused had taken all such precautions and exercised all such due diligence as could reasonably be expected of the accused in the circumstances to ensure that the health product did not contravene that subsection.


document_id: hpa-2007
provision_ref: s13
chapter: PART 3 - MANUFACTURE AND IMPORT OF HEALTH PRODUCTS
section: 13
title: Import of health products
content:
13. —(1) Except in such cases as may be prescribed, a person must not import any health product unless — ( a ) the person holds a valid importer’s licence; and ( b ) the import of the health product is carried out in accordance with the conditions of the licence. (2) An importer’s licence does not authorise the holder of the licence to supply any health product imported by the holder to any other person unless the health product so imported by the holder is a registered health product. (3) An importer of any health product must not use any premises or facility for storing the health product upon its entry into Singapore unless the premises or facility is authorised for such use under the importer’s licence held by the importer or the provisions of this Act, or by the Authority. (4) Every importer of a health product must ensure that the import of the health product is carried out in accordance with such requirements as may be prescribed. (5) A person must not import, or procure or arrange for the import of, any health product which is — ( a ) an adulterated health product; ( b ) a counterfeit health product; ( c ) a health product that has been tampered with; or ( d ) an unwholesome health product. (6) Any person who contravenes subsection (1), (3), (4) or (5) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an offence under subsection (1), (3), (4) or (5)( d ), to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in the case of an offence under subsection (5)( a ), ( b ) or ( c ), to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both. (7) In any proceedings for an offence under subsection (5), it is a defence for the accused to prove that — ( a ) the accused — (i) did not know; (ii) had no reason to believe; and (iii) could not, with reasonable diligence, have ascertained, that the health product was in contravention of that subsection; and ( b ) the accused had taken all such precautions and exercised all such due diligence as could reasonably be expected of the accused in the circumstances to ensure that the health product did not contravene that subsection.


document_id: hpa-2007
provision_ref: s14
chapter: PART 4 - SUPPLY OF HEALTH PRODUCTS
section: 14
title: Wholesaling of health products
content:
14. —(1) Except in such cases as may be prescribed, a person must not supply any health product by wholesale unless — ( a ) the person holds a valid wholesaler’s licence; and ( b ) the wholesale supply of the health product is carried out in accordance with the conditions of the licence. (2) A wholesaler of any health product must not use any premises or facility for storing the health product prior to distribution unless the premises or facility is authorised for such use under the wholesaler’s licence held by the wholesaler or the provisions of this Act, or by the Authority. (3) Every wholesaler of a health product must ensure that the wholesale supply of the health product is carried out in accordance with such requirements as may be prescribed. (4) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: hpa-2007
provision_ref: s15
chapter: PART 4 - SUPPLY OF HEALTH PRODUCTS
section: 15
title: Prohibition against supply of unregistered health products
content:
15. —(1) Except in such cases as may be prescribed, a person must not supply any health product unless the health product is a registered health product. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: hpa-2007
provision_ref: s16
chapter: PART 4 - SUPPLY OF HEALTH PRODUCTS
section: 16
title: Prohibition against supply of health products that are adulterated, counterfeits, etc.
content:
16. —(1) A person must not supply, or procure or arrange for the supply of, any health product which is — ( a ) an adulterated health product; ( b ) a counterfeit health product; ( c ) a health product that has been tampered with; or ( d ) an unwholesome health product. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an offence under subsection (1)( d ), to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in the case of an offence under subsection (1)( a ), ( b ) or ( c ), to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both. (3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove that — ( a ) the accused — (i) did not know; (ii) had no reason to believe; and (iii) could not, with reasonable diligence, have ascertained, that the health product was in contravention of that subsection; and ( b ) the accused had taken all such precautions and exercised all such due diligence as could reasonably be expected of the accused in the circumstances to ensure that the health product did not contravene that subsection.


document_id: hpa-2007
provision_ref: s17
chapter: PART 4 - SUPPLY OF HEALTH PRODUCTS
section: 17
title: Supply of health products to be carried out in accordance with prescribed requirements
content:
17. —(1) A person must not supply any health product unless the supply of the health product is carried out in accordance with such requirements as may be prescribed. (2) The requirements that may be prescribed for the purposes of subsection (1) include the following: ( a ) that the supply of the health product should be carried out only under, and in accordance with the conditions of, a licence issued by the Authority; ( b ) that the supply of the health product should be carried out only by certain specified persons; ( c ) that the supply of the health product should be carried out only at certain specified premises; ( d ) that the supply of the health product should or should not be carried out in any specified manner; ( e ) that the health product should be supplied only to certain specified persons and for certain specified purposes; ( f ) that proper records should be kept in relation to any supply made of the health product. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: hpa-2007
provision_ref: s18
chapter: PART 4 - SUPPLY OF HEALTH PRODUCTS
section: 18
title: Presentation of health products
content:
18. —(1) A person must not supply any health product unless the presentation of the health product complies with such requirements as may be prescribed. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: hpa-2007
provision_ref: s19
chapter: PART 5 - ADVERTISEMENT OF HEALTH PRODUCTS
section: 19
title: Advertisement of health products
content:
19. —(1) A person must not — ( a ) advertise any product or cause any product to be advertised as a health product if that product is not a health product; or ( b ) advertise any registered health product or cause any registered health product to be advertised in such a way as to represent the registered health product as being usable for any purpose other than that for which it has been registered. (2) Any person who contravenes subsection (1)( a ) or ( b ) 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 12 months or to both.


document_id: hpa-2007
provision_ref: s20
chapter: PART 5 - ADVERTISEMENT OF HEALTH PRODUCTS
section: 20
title: False or misleading advertisement
content:
20. —(1) A person must not advertise any health product or cause any health product to be advertised in a false or misleading way. (2) For the purposes of subsection (1), an advertisement of a health product is taken to be false or misleading if — ( a ) it falsely describes the health product or gives any false information concerning the health product; or ( b ) it is likely to create an erroneous impression regarding the formulation, composition, design specification, quality, safety, efficacy or uses of the health product. (3) Any person who contravenes subsection (1) 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 12 months or to both.


document_id: hpa-2007
provision_ref: s21
chapter: PART 5 - ADVERTISEMENT OF HEALTH PRODUCTS
section: 21
title: Further requirements for advertisement of health products
content:
21. —(1) A person must not advertise any health product or cause any health product to be advertised unless the advertisement complies with and is undertaken in accordance with such requirements as may be prescribed. (2) The requirements that may be prescribed for the purposes of subsection (1) include the following: ( a ) that the advertisement should include or exclude any specified type of information; ( b ) that the advertisement should not make certain types of claims about the health product; ( c ) that the advertisement should be distributed or circulated only to certain classes of persons; ( d ) that the advertisement should not appear in certain types of publications or media; ( e ) that the advertisement should be submitted to the Authority for approval before publication. (3) Any person who contravenes subsection (1) 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 12 months or to both.


document_id: hpa-2007
provision_ref: s22
chapter: PART 5 - ADVERTISEMENT OF HEALTH PRODUCTS
section: 22
title: Defences
content:
22. In any proceedings for an offence under section 19, 20 or 21, it is a defence for the person charged to prove that the person — ( a ) is a person whose business is to publish or arrange for the publication of advertisements and that the person received the advertisement for publication in the ordinary course of business; ( b ) has no financial interest in the supply of the health product featured in the advertisement; and ( c ) did not know and had no reason to suspect that the advertisement would contravene the provisions of section 19, 20 or 21, as the case may be.


document_id: hpa-2007
provision_ref: s23
chapter: PART 5 - ADVERTISEMENT OF HEALTH PRODUCTS
section: 23
title: Corrective measures in relation to contravening advertisements
content:
23. —(1) Where any person has advertised any health product or caused any health product to be advertised in contravention of section 19, 20 or 21, the Authority may order that person to do all or any of the following: ( a ) to stop the advertisement with immediate effect; ( b ) to take such measures as may be reasonable and necessary in the circumstances to remove the advertisements that have already been published; ( c ) to publish a corrective advertisement in such manner and containing such information as may be specified by the Authority. (2) The person to whom an order under subsection (1) is directed must bear the costs and expenses arising from the taking of any measure that is required of the person under the order. (3) If a person to whom an order under subsection (1) is directed fails to comply with the order — ( a ) the person 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 12 months or to both; and ( b ) the Authority may take such steps as it thinks reasonable and necessary to implement the requirements of the order and recover any costs and expenses reasonably incurred by it in so doing from that person. (4) This section shall not affect the liability of any person for an offence under this Part.


document_id: hpa-2007
provision_ref: s24
chapter: PART 6 - LICENCES
section: 24
title: Issue and renewal of licences
content:
24. —(1) An application for a licence must be made to the Authority in such form and manner as the Authority may require and must be accompanied by — ( a ) such particulars, information, documents and samples as the Authority may require; and ( b ) if required by the Authority, a statutory declaration by the applicant verifying any information contained in or relating to the application. (2) Upon receiving an application under subsection (1), the Authority may — ( a ) issue the licence to the applicant if it is satisfied that — (i) the applicant is a fit and proper person to be issued with a licence or otherwise satisfies such requirements as may be prescribed for the issue of the licence; and (ii) the issue of the licence to the applicant will not be contrary to the public interest; or ( b ) refuse to issue the licence applied for. (3) Where the Authority refuses to issue a licence to an applicant under subsection (2)( b ), the Authority must, if requested to do so by the applicant, state in writing the reasons for the refusal. (4) Every licence must be issued in such form and manner as the Authority may determine, and is valid for such period as the Authority may specify in the licence unless it is sooner suspended or revoked in accordance with the provisions of this Act. (5) The Authority may attach any conditions to a licence that it thinks necessary, and may from time to time vary the conditions by written notice given to the licensee. (6) Any person who, in making an application for a licence — ( a ) makes any statement or furnishes any document which the person knows to be false or does not believe to be true; or ( b ) by the intentional suppression of any material fact, furnishes information which is misleading, 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 12 months or to both. (7) Subsections (1) to (6) apply, with the necessary modifications, to an application for the renewal of a licence.


document_id: hpa-2007
provision_ref: s25
chapter: PART 6 - LICENCES
section: 25
title: Variation of licence conditions on application by licensee
content:
25. —(1) A licensee may apply to the Authority for the variation of any condition attached to the licensee’s licence. (2) An application under subsection (1) must be made to the Authority in such form and manner as the Authority may require and must — ( a ) set out the variation required and the reasons for the variation; and ( b ) be accompanied by — (i) such particulars, information, documents and samples as the Authority may require; and (ii) if required by the Authority, a statutory declaration by the licensee verifying any information contained in or relating to the application. (3) Where the Authority decides to vary any condition of the licence to which the application relates, it must amend the licence or issue a new licence to the licensee as it considers appropriate. (4) Any licensee who, in making an application under subsection (1) — ( a ) makes any statement or furnishes any document which the licensee knows to be false or does not believe to be true; or ( b ) by the intentional suppression of any material fact, furnishes information which is misleading, 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 12 months or to both.


document_id: hpa-2007
provision_ref: s26
chapter: PART 6 - LICENCES
section: 26
title: Register of licensees
content:
26. —(1) The Authority must keep and maintain in such form and manner as it thinks fit a register of persons who have been issued with licences under this Act. (2) Any person may, during the office hours of the Authority and upon payment of the prescribed fee, inspect such parts of the register as the Authority may determine and obtain extracts from the register. (3) Any extract from or copy of an entry in the register is prima facie evidence of the information stated in the register if the extract or copy is certified under the hand of the Chief Executive, or an officer of the Authority duly authorised by the Chief Executive, to be a true extract or copy. (4) The Authority may, from time to time, prepare and publish in such form and manner as it thinks fit a list of all licensees.


document_id: hpa-2007
provision_ref: s27
chapter: PART 6 - LICENCES
section: 27
title: Suspension and revocation of licence and cancellation of approval
content:
27. —(1) The Authority may suspend or revoke a licence or cancel any approval granted by it under this Act if the Authority has reasonable grounds to believe that — ( a ) the issue of the licence or the grant of the approval has been obtained by fraud or misrepresentation; ( b ) the licensee or the person to whom the approval has been granted has contravened or is contravening — (i) any provision of this Act; (ii) any condition attached to the licence or approval; or (iii) any other prescribed requirement; ( c ) the licensee or the person to whom the approval has been granted no longer satisfies any of the prescribed requirements based on which the licence was issued or the approval was granted to the licensee or person; or ( d ) it is in the public interest to do so. (2) The Authority may revoke a licence or cancel any approval granted by it under this Act if the licensee or the person to whom the approval has been granted applies to the Authority for the revocation of the licence or the cancellation of the approval, as the case may be. (3) Before suspending or revoking a licence or cancelling an approval under subsection (1), the Authority must — ( a ) give to the person to whom the licence has been issued or the approval has been granted (hereafter called the person concerned) written notice of its intention to do so; and ( b ) in the notice, call upon the person concerned to show cause within the time specified in the notice as to why the licence should not be suspended or revoked or the approval should not be cancelled. (4) If the person concerned — ( a ) fails to show cause within the period of time given or such extended period of time as the Authority may allow; or ( b ) fails to show sufficient cause, as to why the licence should not be suspended or revoked or as to why the approval should not be cancelled, the Authority must give written notice to the person concerned of the date from which the suspension or revocation of the licence or the cancellation of the approval is to take effect.


document_id: hpa-2007
provision_ref: s28
chapter: PART 6 - LICENCES
section: 28
title: Appeal
content:
28. —(1) Any person who is aggrieved by — ( a ) the refusal of the Authority to issue or renew a licence under section 24 or to grant any approval under this Act; ( b ) any condition attached by the Authority to a licence under section 24; or ( c ) the decision of the Authority to suspend or revoke a licence or to cancel an approval under section 27, may, within the time specified in the notice informing the person of the refusal, condition, suspension, revocation or cancellation (as the case may be) appeal in writing to the Minister whose decision is final. (2) Before making a decision under subsection (1), the Minister may refer the matter to an Appeal Advisory Committee and, in making a decision, the Minister must have regard to any report made to the Minister by the Appeal Advisory Committee. (3) Even though an appeal under subsection (1) is pending — ( a ) any condition attached by the Authority to a licence under section 24; or ( b ) the decision of the Authority to suspend or revoke a licence or to cancel an approval under section 27, takes effect from the date specified by the Authority, unless the Minister otherwise directs.


document_id: hpa-2007
provision_ref: s29
chapter: PART 7 - REGISTRATION OF HEALTH PRODUCTS
section: 29
title: Health products to be registered according to categories in First Schedule
content:
29. —(1) The Authority must register health products under this Act in accordance with the categories specified in the First Schedule. (2) The Authority may — ( a ) subdivide any category of health products into any number of classes as it thinks fit; and ( b ) when registering any health product under that category, assign that health product into such class within that category as it thinks fit.


document_id: hpa-2007
provision_ref: s30
chapter: PART 7 - REGISTRATION OF HEALTH PRODUCTS
section: 30
title: Registration of health products
content:
30. —(1) An application for the registration of a health product must — ( a ) be made to the Authority by such person and in such form and manner as the Authority may require; ( b ) state the category (and, where applicable, the class within that category) under which the applicant is seeking to have the health product registered; and ( c ) be accompanied by — (i) such particulars, information, documents and samples as the Authority may require; and (ii) if required by the Authority, a statutory declaration by the applicant verifying any information contained in or relating to the application. (2) Upon receiving an application under subsection (1), the Authority may — ( a ) register the health product if it is satisfied that — (i) the applicant is a fit and proper person to be granted the registration; (ii) the registration of the health product will not be contrary to the public interest; and (iii) the health product complies with such requirements as may be prescribed; or ( b ) refuse to register the health product. (3) The Authority may register a health product under the category and class stated in the application for its registration if the Authority is satisfied, after an evaluation of the health product under section 33, that the health product is suitable to be so registered. (4) If the Authority finds that a health product is not suitable for registration under the category or class stated in the application, it may — ( a ) recommend to the applicant that the health product be registered under a more suitable category or class as determined by the Authority; or ( b ) refuse to register the health product. (5) If the applicant accepts the recommendation of the Authority under subsection (4)( a ), the Authority must, subject to the payment of the appropriate prescribed fee by the applicant, register the health product under the category or class recommended by it. (6) If the applicant does not wish to register the health product under the category or class recommended by the Authority under subsection (4)( a ), the applicant may — ( a ) within such time as the Authority may allow, submit to the Authority such additional information, documents and samples as the Authority may require in support of the application to have the health product registered under the category or class stated in the application; or ( b ) withdraw the application. (7) Upon considering the additional information, documents and samples submitted by the applicant under subsection (6)( a ), the Authority may do any of the following: ( a ) register the health product under the category and class stated in the application if it is satisfied that it is appropriate to do so; ( b ) subject to the payment of the appropriate prescribed fee by the applicant, register the health product under the category or class recommended by the Authority under subsection (4)( a ) if the applicant is agreeable to it; ( c ) refuse to register the health product. (8) Upon registering a health product under this Act, the Authority must assign a registration number to the health product and must enter in the Register of Health Products the prescribed information pertaining to that health product. (9) Where the Authority refuses to register a health product under subsection (2)( b ), (4)( b ) or (7)( c ), the Authority must, if requested to do so by the applicant, state in writing the reasons for the refusal. (10) Any person who, in making an application for the registration of a health product — ( a ) makes any statement or furnishes any document which the person knows to be false or does not believe to be true; or ( b ) by the intentional suppression of any material fact, furnishes information which is misleading, 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 12 months or to both.


document_id: hpa-2007
provision_ref: s31
chapter: PART 7 - REGISTRATION OF HEALTH PRODUCTS
section: 31
title: Duration of registration
content:
31. The registration of a health product under this Act remains in force for so long as — ( a ) the registrant of the health product continues to pay to the Authority within the prescribed time, the prescribed retention fee for the retention of the registration of the health product in the Register of Health Products; and ( b ) the registration is not otherwise suspended or cancelled by the Authority under section 37(1).


document_id: hpa-2007
provision_ref: s32
chapter: PART 7 - REGISTRATION OF HEALTH PRODUCTS
section: 32
title: Conditions of registration
content:
32. The Authority may attach any conditions to the registration of a health product as it thinks necessary, and may from time to time vary the conditions by giving written notice to the registrant of the health product.


document_id: hpa-2007
provision_ref: s33
chapter: PART 7 - REGISTRATION OF HEALTH PRODUCTS
section: 33
title: Evaluation of health products
content:
33. —(1) In order to ascertain that a health product is suitable for registration under this Act or for registration under any particular category or class, the Authority may — ( a ) subject samples of the health product to an evaluation by an analyst; ( b ) require the applicant for the registration of the health product to send samples of the health product for evaluation by an analyst and then submit the evaluation report to the Authority; or ( c ) consider the evaluation report of any body or organisation, whether in Singapore or elsewhere, that has evaluated the health product. (2) The evaluation of a health product must include such tests and examination of the health product as the Authority thinks necessary to determine the following matters: ( a ) whether the quality, safety or efficacy of the health product for the purposes for which it is to be used has been satisfactorily established; ( b ) whether the presentation of the health product is appropriate, given its formulation, composition or design specification and intended purpose; ( c ) whether the health product complies with such requirements as may have been prescribed in relation to it; ( d ) any other matters relating to the health product as the Authority thinks relevant. (3) The requirements that may be prescribed for the purposes of subsection (2)( c ) include the following: ( a ) that the health product should not have in its composition — (i) any prohibited substance; or (ii) any particular substance in excess of the prescribed permitted concentration; ( b ) that the manufacture of the health product — (i) if carried out in Singapore, should comply with such requirements as may be prescribed; and (ii) if carried out elsewhere, should comply with such standards that are acceptable to the Authority. (4) In determining whether a health product complies with the standards mentioned in subsection (3)( b )(ii), the Authority may consider such evidence as it thinks sufficient from a relevant overseas authority establishing that the manufacture of the health product is of the acceptable standard. (5) The costs of and incidental to the evaluation of a health product must be borne by the applicant for the registration of the health product.


document_id: hpa-2007
provision_ref: s34
chapter: PART 7 - REGISTRATION OF HEALTH PRODUCTS
section: 34
title: Register of Health Products
content:
34. —(1) The Authority must keep and maintain in such form and manner as it thinks fit a Register of Health Products for the purpose of compiling information in relation to all registered health products. (2) Any person may, during the office hours of the Authority and upon payment of the prescribed fee, inspect such parts of the Register of Health Products as the Authority may determine and obtain extracts from that Register. (3) Any extract from or copy of an entry in the Register of Health Products is prima facie evidence of the information stated in the entry if the extract or copy is certified under the hand of the Chief Executive, or an officer of the Authority duly authorised by the Chief Executive, to be a true extract or copy. (4) The Authority may, from time to time, prepare and publish in such form and manner as it thinks fit a list of all registered health products.


document_id: hpa-2007
provision_ref: s35
chapter: PART 7 - REGISTRATION OF HEALTH PRODUCTS
section: 35
title: Re‑categorisation or re‑classification of health products on application of registrant
content:
35. —(1) The Authority may, upon the application of the registrant of a registered health product — ( a ) transfer the health product from the category or class under which it has been registered to another category or class; and ( b ) cause such amendments to be made in the Register of Health Products as may be necessitated by the re‑categorisation or re‑classification of that health product. (2) An application under subsection (1) for the re‑categorisation or re‑classification of a registered health product must — ( a ) be made to the Authority in such form and manner as the Authority may require; and ( b ) be accompanied by — (i) such particulars, information, documents and samples as the Authority may require; and (ii) if required by the Authority, a statutory declaration by the applicant verifying any information contained in or relating to the application. (3) Upon the re‑categorisation or re‑classification of a registered health product under this section, the registrant of the health product must take such steps as may be specified by the Authority to secure the necessary changes to the presentation and advertisement of the health product so as to bring them in conformity with the new category or class of the health product. (4) If the registrant of the health product fails to comply with subsection (3), the registrant 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 12 months or to both. (5) Any person who, in making an application under subsection (1) for the re‑categorisation or re‑classification of a registered health product — ( a ) makes any statement or furnishes any document which the person knows to be false or does not believe to be true; or ( b ) by the intentional suppression of any material fact, furnishes information which is misleading, 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 12 months or to both.


document_id: hpa-2007
provision_ref: s36
chapter: PART 7 - REGISTRATION OF HEALTH PRODUCTS
section: 36
title: Power to re‑categorise or re‑classify health products in absence of application by registrant
content:
36. —(1) Where — ( a ) the Authority is satisfied upon information received by it in respect of a registered health product that the health product should be transferred from the category or class under which it has been registered to another category or class; but ( b ) the registrant of the health product has not made an application under section 35 for the health product to be so re‑categorised or re‑classified, the Authority may, subject to subsection (2), of its own volition re‑categorise or re‑classify the health product and cause such amendments to be made in the Register of Health Products as may be necessitated by the re-categorisation or re‑classification of that health product. (2) Before re‑categorising or re‑classifying a registered health product under subsection (1), the Authority must — ( a ) give to the registrant of the health product written notice of its intention to do so; and ( b ) in the notice, call upon the registrant, if the registrant wishes, to show cause within the time specified in the notice as to why the health product should not be re‑categorised or re‑classified as intended by the Authority. (3) If the registrant of the health product — ( a ) is agreeable to the re‑categorisation or re‑classification of the health product; or ( b ) fails to show cause within the period of time given or such extended period of time as the Authority may allow, or fails to show sufficient cause as to why the health product should not be re‑categorised or re‑classified as intended by the Authority, the Authority must give written notice to the registrant of the health product of the date from which the re‑categorisation or re‑classification of the health product is to take effect. (4) The Authority may also in the notice given under subsection (3) require the registrant of the health product to take such steps as may be specified by the Authority to secure the necessary changes to the presentation and advertisement of the health product so as to bring them in conformity with the new category or class of the health product. (5) The registrant of a health product who fails to comply with any of the requirements attached under subsection (4) to a notice given to the registrant under subsection (3) 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 12 months or to both. (6) Where the registrant of a health product does not wish to have the health product re‑categorised or re‑classified as intended by the Authority under this section, the registrant may apply to the Authority to cancel the registration of the health product.


document_id: hpa-2007
provision_ref: s37
chapter: PART 7 - REGISTRATION OF HEALTH PRODUCTS
section: 37
title: Suspension and cancellation of registration
content:
37. —(1) The Authority may suspend or cancel the registration of a health product if the Authority has reasonable grounds to believe that — ( a ) the registration has been obtained by fraud or misrepresentation; ( b ) the registrant of the health product has contravened or is contravening — (i) any provision of this Act; (ii) any condition attached to the registration; or (iii) any other prescribed requirement; ( c ) the formulation, composition, design specification, quality, safety or presentation of the health product has changed so as to render it unsuitable to continue to be registered; ( d ) the health product no longer complies with a prescribed requirement; or ( e ) it is in the public interest to do so. (2) The Authority may cancel the registration of a health product if the registrant of the health product fails to pay the prescribed retention fee mentioned in section 31( a ) within the prescribed time. (3) The Authority may, upon the application of the registrant of a health product, cancel the registration of the health product. (4) Before suspending or cancelling the registration of any health product under subsection (1) or (2), the Authority must — ( a ) give to the registrant of the health product written notice of its intention to do so; and ( b ) in such notice, call upon the registrant of the health product to show cause within the time specified in the notice as to why the registration of the health product should not be suspended or cancelled. (5) If the registrant of the health product — ( a ) fails to show cause within the period of time given or such extended period of time as the Authority may allow; or ( b ) fails to show sufficient cause, as to why the registration of the health product should not be suspended or cancelled, the Authority must give written notice to the registrant of the health product of the date from which the suspension or cancellation of the registration of the health product is to take effect.


document_id: hpa-2007
provision_ref: s38
chapter: PART 7 - REGISTRATION OF HEALTH PRODUCTS
section: 38
title: Appeal
content:
38. —(1) Any person who is aggrieved by — ( a ) the refusal of the Authority to register a health product under section 30; ( b ) any condition attached by the Authority to the registration of a health product under section 32; ( c ) the decision of the Authority to re-categorise or re‑classify a health product under section 36; or ( d ) the decision of the Authority to suspend or cancel the registration of a health product under section 37, may, within the time specified in the notice informing the person of the refusal, suspension, revocation or cancellation (as the case may be) appeal in writing to the Minister whose decision is final. (2) Before making a decision under subsection (1), the Minister may refer the matter to an Appeal Advisory Committee and, in making a decision, the Minister must have regard to any report made to the Minister by the Appeal Advisory Committee. (3) Even though an appeal under subsection (1) is pending — ( a ) any condition attached by the Authority to the registration of a health product under section 32; ( b ) the decision of the Authority to re-categorise or re‑classify a health product under section 36; or ( c ) the decision of the Authority to suspend or cancel the registration of a health product under section 37, takes effect from the date specified by the Authority, unless the Minister otherwise directs.


document_id: hpa-2007
provision_ref: s39
chapter: PART 8 - DUTIES OF MANUFACTURERS, IMPORTERS, ETC., OF HEALTH PRODUCTS
section: 39
title: Application of this Part
content:
39. The duties imposed by this Part on manufacturers, importers, suppliers and registrants of health products apply in addition to any other duty imposed on them under Part 3, 4 or 7, as the case may be.


document_id: hpa-2007
provision_ref: s40
chapter: PART 8 - DUTIES OF MANUFACTURERS, IMPORTERS, ETC., OF HEALTH PRODUCTS
section: 40
title: Keeping of records
content:
40. —(1) The Authority may, by written notice, require the manufacturer, importer, supplier or registrant of a health product — ( a ) to keep such records as the Authority may determine in relation to the manufacture, import, supply, use or administration (as the case may be) of the health product; and ( b ) to produce such records for inspection by the Authority or an enforcement officer as and when required by the Authority or enforcement officer. (2) The records mentioned in subsection (1) must be kept in such form and manner and for such period as the Authority may stipulate, and must contain such information in relation to the manufacture, import, supply, use or administration (as the case may be) of the health product as the Authority may require. (3) Any person who fails to comply with any requirement under subsection (1) or (2) 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. (4) Any person who, in compliance or purported compliance with subsection (1)( b ), furnishes the Authority or an enforcement officer with any record which the person knows is false or misleading, 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 12 months or to both.


document_id: hpa-2007
provision_ref: s41
chapter: PART 8 - DUTIES OF MANUFACTURERS, IMPORTERS, ETC., OF HEALTH PRODUCTS
section: 41
title: Furnishing of information or document regarding health product
content:
41. —(1) The Authority may, by written notice, require the manufacturer, importer, supplier or registrant of a health product to furnish to the Authority, within such time and for such period as may be specified in such notice, any information or document which such person has in the person’s possession or which the person is in a position to obtain regarding such health product. (2) Any person who fails to comply with a notice given to the person by the Authority under 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 6 months or to both. (3) Any person who, in compliance or purported compliance with a notice given to the person by the Authority under subsection (1), furnishes the Authority with any information or document which the person knows is false or misleading, 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 12 months or to both.


document_id: hpa-2007
provision_ref: s42
chapter: PART 8 - DUTIES OF MANUFACTURERS, IMPORTERS, ETC., OF HEALTH PRODUCTS
section: 42
title: Reporting of defects and adverse effects to Authority
content:
42. —(1) Where the manufacturer, importer, supplier or registrant of a health product becomes aware of — ( a ) any defect in the health product; or ( b ) any adverse effect that has arisen or can arise from the use of the health product, it is the duty of such person to inform the Authority within the prescribed time of the defect or adverse effect. (2) Where the Authority receives any information under subsection (1) concerning any defect in, or adverse effect of, a health product or becomes aware of any such defect or adverse effect through any other means, it may take any one or more of the following actions: ( a ) by written notice require the manufacturer, importer, supplier or registrant of the health product to investigate into the defect or adverse effect and make a report of the findings and recommendations to the Authority; ( b ) by written notice require the manufacturer, importer, supplier or registrant of the health product to issue or cause to be issued to such persons as the Authority may specify or to the general public a statement informing them of the defect or adverse effect and the measures that should be taken for addressing the defect or adverse effect; ( c ) by written notice require the manufacturer, importer, supplier or registrant of the health product to recall the health product and take such measures as the Authority may specify to secure the immediate stoppage of the manufacture, import, supply, use or administration (as the case may be) of the health product; ( d ) by written notice prohibit any person from using or administering the health product and require the person to take such measures as the Authority may specify to address any adverse effect that may have arisen from any previous use or administration of the health product; ( e ) by written notice require the manufacturer, importer, supplier or registrant of the health product to take any other measures as the Authority thinks necessary in the circumstances. (3) The Authority may also in any written notice given under subsection (2) require the person to whom the notice has been given to submit to the Authority in such form and manner and within such time and for such period specified by the Authority, a report containing information on — ( a ) the measures that the person has taken under the notice; ( b ) the results of the measures so taken; and ( c ) any other matter as the Authority thinks necessary or relevant in the circumstances. (4) A statement under subsection (2)( b ) must be issued in such form and manner as the Authority may require, including — ( a ) by publication in any one or more daily newspapers circulating in Singapore; or ( b ) by dissemination in any alternative medium, within the time and for the period as the Authority may determine. (5) Any person who — ( a ) fails to comply with subsection (1) or a notice given to the person by the Authority under subsection (2) or (3); or ( b ) in compliance or purported compliance with subsection (1) or a notice given to the person by the Authority under subsection (2) or (3), furnishes the Authority with any information or document which the person knows is false or misleading, 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 12 months or to both. (6) For the purposes of this section, a health product has a defect if — ( a ) it has or has possibly been adulterated or tampered with; ( b ) it is or is possibly a counterfeit or an unwholesome health product; ( c ) it is or is possibly of inadequate quality or unsafe or inefficacious for its intended purpose; or ( d ) it fails or could possibly fail to satisfy such other standards or requirements as may be prescribed.


document_id: hpa-2007
provision_ref: s43
chapter: PART 8 - DUTIES OF MANUFACTURERS, IMPORTERS, ETC., OF HEALTH PRODUCTS
section: 43
title: Verification of quality, safety and efficacy of health product
content:
43. —(1) Where the Authority has reasonable grounds to believe that a health product may no longer be of adequate quality, safe or efficacious when used for the purpose in respect of which it has been registered under this Act, the Authority may, by written notice, require the manufacturer, importer, supplier or registrant of the health product to take such measures as the Authority may specify to verify the quality, safety or efficacy (as the case may be) of the health product. (2) The measures that the Authority may require under subsection (1) include — ( a ) subjecting the health product to an evaluation in accordance with section 33; and ( b ) furnishing the Authority with such evidence of the quality, safety or efficacy of the health product as the Authority may require. (3) Any person who fails to comply with a notice given to the person by the Authority under 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 6 months or to both. (4) Any person who, in compliance or purported compliance with a notice given to the person by the Authority under subsection (1), furnishes the Authority with any information or document which the person knows is false or misleading, 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 12 months or to both.


document_id: hpa-2007
provision_ref: s44
chapter: PART 8 - DUTIES OF MANUFACTURERS, IMPORTERS, ETC., OF HEALTH PRODUCTS
section: 44
title: Notification to Authority concerning recall of health product
content:
44. —(1) Where the manufacturer, importer, supplier or registrant of a health product recalls or intends to recall the health product, such person must, within the prescribed time, notify the Authority of the recall or intended recall and the reasons for it. (2) On being notified of the recall or intended recall of a health product under subsection (1), the Authority may, by written notice, require the manufacturer, importer, supplier or registrant of the health product to issue or cause to be issued to such persons as the Authority may specify or to the general public a statement informing them of the recall of the health product and any other matter as the Authority considers necessary. (3) Any person who — ( a ) fails to comply with subsection (1) or a notice given to the person by the Authority under subsection (2); or ( b ) in compliance or purported compliance with subsection (1), furnishes the Authority with any information or document which the person knows is false or misleading, 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 12 months or to both.


document_id: hpa-2007
provision_ref: s45
chapter: PART 8 - DUTIES OF MANUFACTURERS, IMPORTERS, ETC., OF HEALTH PRODUCTS
section: 45
title: Additional duties under regulations
content:
45. The Authority may, with the approval of the Minister, by regulations provide for such additional duties as it thinks fit to be imposed on manufacturers, importers, suppliers and registrants of health products.


document_id: hpa-2007
provision_ref: s47
chapter: PART 9 - REGULATION OF DEALINGS IN ACTIVE INGREDIENTS
section: 47
title: Regulation of manufacture, import, supply, etc., of active ingredients
content:
47. —(1) The Authority may, with the approval of the Minister, make regulations to control and regulate the manufacture, import, supply, transport, possession and storage of active ingredients. (2) Regulations made under subsection (1) may — ( a ) prohibit the manufacture, import, supply, transport, possession or storage of any active ingredient except under and in accordance with the conditions of a licence issued by the Authority; and ( b ) prescribe the requirements to be complied with by any person who manufactures, imports, supplies, transports, possesses or stores any active ingredient. (3) The requirements that may be prescribed for the purposes of subsection (2)( b ) include the following: ( a ) that the manufacture, import, supply, transport or storage of any active ingredient should be carried out only by certain specified persons; ( b ) that the manufacture, supply or storage of any active ingredient should be carried out only at certain specified premises; ( c ) that the manufacture, import, supply, transport or storage of any active ingredient should or should not be carried out in any specified manner; ( d ) that the packaging of any active ingredient should comply with certain standards or specifications; ( e ) that the labels on the packaging of any active ingredient should conform to certain specifications and contain certain specified information; ( f ) that the supply of any active ingredient should only be made to certain specified persons and for certain specified purposes; ( g ) that proper records should be kept in relation to any supply made of any active ingredient. (4) Any person who contravenes any regulation made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. (5) In any proceedings for an offence under subsection (4), if any person is proved to have kept or had in the person’s possession or under the person’s control any active ingredient, the person is presumed to have done so knowingly unless the contrary is proved by that person.


document_id: hpa-2007
provision_ref: s48
chapter: PART 10 - ENFORCEMENT
section: 48
title: Non-compliant health products and active ingredients
content:
48. For the purposes of this Part — ( a ) a health product is considered as being non‑compliant if — (i) it has been manufactured, imported or supplied in contravention of this Act; (ii) it is an adulterated health product, a counterfeit health product, a health product that has been tampered with or an unwholesome health product; or (iii) it does not comply with such requirements as may be prescribed in relation to it; and ( b ) an active ingredient is considered as being non‑compliant if — (i) it has been manufactured, imported or supplied in contravention of this Act; or (ii) it does not comply with such requirements as may be prescribed in relation to it.


document_id: hpa-2007
provision_ref: s49
chapter: PART 10 - ENFORCEMENT
section: 49
title: Powers of enforcement
content:
49. —(1) For the purpose of the administration and enforcement of this Act, an enforcement officer may — ( a ) at any time and without warrant enter, inspect and search any premises that are being used, or that the enforcement officer has reason to suspect are being used, for or in connection with any purpose that is in contravention of this Act; ( b ) at any time and without warrant stop, board, inspect and search any conveyance that is being used, or that the enforcement officer has reason to suspect is being used, for or in connection with any purpose that is in contravention of this Act; ( c ) in accordance with such procedure as may be prescribed and without payment, take for testing, examination or analysis a sample of any health product or active ingredient that is found pursuant to an inspection or a search under paragraph ( a ) or ( b ); ( d ) seize — (i) any health product or active ingredient, wherever found, if the enforcement officer knows or has reason to suspect that the health product or active ingredient is a non-compliant health product or active ingredient; or (ii) any other substance or article which the enforcement officer has reasonable cause to believe to be a substance or an article in relation to which, or by means of which, an offence under this Act is being or has been committed; ( e ) by written notice require any person to attend at a reasonable time and at a place specified by the enforcement officer to answer any question or to provide a signed statement in writing concerning any suspected contravention of this Act; ( f ) arrest, without warrant, any person whom the enforcement officer has reason to believe has committed any offence under this Act if — (i) the name and address of that person are unknown; (ii) the person refuses to furnish his or her name or address; (iii) the person furnishes an address out of Singapore; (iv) the enforcement officer has reasonable grounds for believing that the person has furnished a false name or address; or (v) the enforcement officer has reasonable grounds for believing that the person is likely to abscond; ( g ) require any person — (i) to furnish any information within the person’s knowledge; or (ii) to produce for inspection any document or record within the person’s possession, that the enforcement officer believes on reasonable grounds to be connected with any suspected contravention of this Act or to be otherwise relevant to the administration or enforcement of this Act; ( h ) retain the original copy of any document or record that the enforcement officer believes on reasonable grounds to be connected with any suspected contravention of this Act or to be otherwise relevant to the administration or enforcement of this Act, or make or cause to be made, without payment, copies of or extracts from such document or record; and ( i ) by written notice require any person having in the person’s possession any health product or active ingredient that is intended for supply to submit, at the person’s own expense, a sample of such health product or active ingredient to an analyst for analysis. (2) In exercising the power under subsection (1)( a ) or ( b ), an enforcement officer may — ( a ) require the owner or occupier of any premises or conveyance being inspected to provide all reasonable assistance to the enforcement officer for the purpose of the inspection; and ( b ) if the circumstances so warrant, with such assistance as he or she thinks necessary, break open any door, window, lock, fastener, hold, compartment, box, container, receptacle or any other thing, and any person who fails to comply with any requirement of an enforcement officer under paragraph ( a ) 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. (3) The Authority may, by written notice, require any person who has supplied any health product or active ingredient to recall, within the period specified in the notice, all such health products or active ingredients if the Authority knows or has reason to believe that the health product or active ingredient is a non-compliant health product or active ingredient. (4) The Authority may, by written notice, require any person who manufactures, imports or supplies any health product or active ingredient to cease (whether immediately or within such time as the Authority may specify) the manufacture, import or supply of such health product or active ingredient if — ( a ) the Authority knows or has reason to believe that such health product or active ingredient is a non-compliant health product or active ingredient; or ( b ) a sample of the health product or active ingredient has been taken or obtained under subsection (1)( c ) or ( i ) and sent for analysis and pending the result of the analysis, the Authority is of the opinion that it is necessary to prevent any more of such health product or active ingredient from further being manufactured, imported or supplied. (5) Where any item has been seized under subsection (1)( d ) — ( a ) the enforcement officer who seized the item must immediately give written notice of the seizure to the person from whom the item was seized, if the name and address of that person are known; ( b ) any person claiming the item seized may within 48 hours after the seizure complain of the seizure to a Magistrate, and the complaint may be heard and determined by the Magistrate who may — (i) confirm the seizure wholly or in part; (ii) disallow the seizure wholly or in part; (iii) order that the item seized be restored to its owner, subject to such condition which the Magistrate may think fit to impose to ensure that the item is preserved for any purpose for which it may subsequently be required; or (iv) order payment to be made to the owner of the item seized of an amount that the Magistrate considers will compensate the owner for any loss or depreciation resulting from the seizure; ( c ) in the absence of any claim under paragraph ( b ) or pending the determination of any such claim, the item may be kept or stored in the premises or conveyance where it was seized or may, at the direction of the enforcement officer, be removed to any other place to be kept or stored there; ( d ) the enforcement officer may — (i) mark, seal or label the item in such manner as he or she thinks fit for the purpose of indicating that the item is under detention; and (ii) lock or seal the premises or conveyance in which the item is being detained; and ( e ) any person who, without the authority of the enforcement officer — (i) interferes, tampers with, removes, distributes, sells or otherwise disposes of the item; (ii) alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the enforcement officer on the item under paragraph ( d )(i); or (iii) opens, breaks or otherwise tampers with the lock or seal placed by the enforcement officer on any premises or conveyance or part thereof under paragraph ( d )(ii), 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 12 months or to both. (6) A person arrested under subsection (1)( f ) must not be detained longer than is necessary for bringing him or her before a court unless the order of a court for his or her detention is obtained. (7) For the purposes of subsection (1)( g ), where any document or record required by an enforcement officer is kept in electronic form, then — ( a ) the power of the enforcement officer to require the document or record to be produced for inspection includes the power to require a copy of the document or record to be made available for inspection in legible form (and subsection (1)( h ) applies accordingly in relation to any copy so made available); and ( b ) the power of the enforcement officer to inspect such document or record includes the power to require any person on the premises in question to give the enforcement officer such assistance as the enforcement officer may reasonably require to enable him or her to inspect and make copies of the document or record in legible form or to make records of the information contained in the document or record. (8) Any copy of or extract from any document or record made under subsection (1)( h ) and certified as such by the enforcement officer is admissible as evidence in any proceedings under this Act. (9) Any person who, when required by an enforcement officer under subsection (1)( g ) to furnish any information or produce any document or record, without reasonable excuse refuses or fails to furnish the information or to produce the document or record within the time allowed by the enforcement officer 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. (10) Any person who, when required by an enforcement officer — ( a ) under subsection (1)( e ) to answer any question or to provide any signed statement in writing; or ( b ) under subsection (1)( g ) to furnish any information or produce any document or record, in compliance or purported compliance with such requirement, furnishes the enforcement officer with any information, document or record which the person knows is false or misleading, 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 12 months or to both. (11) Any person who, without reasonable excuse, fails to comply with any written notice given to the person — ( a ) by an enforcement officer under subsection (1)( e ) or ( i ); or ( b ) by the Authority under subsection (3) or (4), 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: hpa-2007
provision_ref: s50
chapter: PART 10 - ENFORCEMENT
section: 50
title: Unlawful alteration, destruction, etc., of documents
content:
50. Any person who alters, suppresses, conceals or destroys any document which the person is or is liable to be required, by or under this Act, to produce to an enforcement officer 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 12 months or to both.


document_id: hpa-2007
provision_ref: s51
chapter: PART 10 - ENFORCEMENT
section: 51
title: Obstructing officers in execution of their duties
content:
51. Any person who obstructs, hinders or impedes any enforcement officer or any other person acting under the direction of the Authority or the Chief Executive in the performance or execution of his or her duty or anything which he or she is authorised, empowered or required to do under this Act 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 12 months or to both.


document_id: hpa-2007
provision_ref: s52
chapter: PART 11 - PRESUMPTIONS AND
section: 52
title: Presumption as to liability of importers and manufacturers
content:
52. Where any health product or active ingredient is supplied in a package, any person who appears from any statement thereon or attached thereto to have imported or manufactured that health product or active ingredient is presumed, unless the contrary is proved, to have so imported or manufactured the health product or active ingredient.


document_id: hpa-2007
provision_ref: s53
chapter: PART 11 - PRESUMPTIONS AND
section: 53
title: Presumption as to identity of advertiser
content:
53. Where any health product is advertised, the person whose name or particulars appear in the advertisement is presumed, unless the contrary is proved, to be the person who has advertised the health product.


document_id: hpa-2007
provision_ref: s54
chapter: PART 11 - PRESUMPTIONS AND
section: 54
title: Presumption as to purpose for which health product is manufactured, imported or supplied
content:
54. —(1) Any person who manufactures, imports or supplies any health product is presumed, unless the contrary is proved, to have manufactured, imported or supplied the health product for use by humans. (2) Any health product that is found — ( a ) on any premises that are used for the manufacture, storage or supply of health products; ( b ) in any conveyance that is used for the transportation of health products; or ( c ) in any automatic vending machine, is presumed, unless the contrary is proved, to be intended for use by humans.


document_id: hpa-2007
provision_ref: s55
chapter: PART 11 - PRESUMPTIONS AND
section: 55
title:
Presumption as to similarity in properties between health products, etc., found and sample taken therefrom

content:
55. Any quantity of a health product or an active ingredient found in any premises or on any conveyance at the time when a sample of it is taken pursuant to the provisions of this Act is presumed, unless the contrary is proved, to possess the same properties as the sample.


document_id: hpa-2007
provision_ref: s56
chapter: PART 11 - PRESUMPTIONS AND
section: 56
title: Presumption of person’s intention to supply health product found in person’s possession
content:
56. Where any person is found to be keeping or to be in possession of any health product in circumstances in which it would be reasonable to suspect that the person intends to supply the health product, the person is presumed, unless the contrary is proved, to have the health product in the person’s possession for the purpose of supply.


document_id: hpa-2007
provision_ref: s57
chapter: PART 11 - PRESUMPTIONS AND
section: 57
title: Evidence of analyst
content:
57. —(1) Subject to subsection (2), the certificate of an analyst stating that he or she has tested, examined or analysed any health product, active ingredient or other substance or thing and stating the result of his or her test, examination or analysis is admissible in evidence in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the test, examination or analysis. (2) The certificate of an analyst mentioned in subsection (1) must not be received in evidence pursuant to that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings. (3) Where the certificate of an analyst is admitted in evidence under subsection (1), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if he or she had given evidence of the matters stated in the certificate. (4) For the purposes of this section, a document purporting to be a certificate mentioned in subsection (1) on its production by the prosecution is deemed, unless the contrary is proved, to be such a certificate.


document_id: hpa-2007
provision_ref: s58
chapter: PART 12 - OFFENCES AND PROSECUTION
section: 58
title: Jurisdiction of court
content:
58. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: hpa-2007
provision_ref: s59
chapter: PART 12 - OFFENCES AND PROSECUTION
section: 59
title: Offences by bodies corporate, etc.
content:
59. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on an officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the part of a partner, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: hpa-2007
provision_ref: s60
chapter: PART 12 - OFFENCES AND PROSECUTION
section: 60
title: Enhanced penalty for corporations
content:
60. Where a body corporate is convicted of an offence under this Act, the penalty that the court may impose shall be a fine not exceeding 2 times the maximum amount that the court could, but for this section, impose as a fine for that offence.


document_id: hpa-2007
provision_ref: s61
chapter: PART 12 - OFFENCES AND PROSECUTION
section: 61
title: Liability for offences by agents or employees
content:
61. Where an offence under this Act is committed by any person acting as an agent or employee of another person, or being otherwise subject to the supervision or instruction of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the firstmentioned person, be liable under this Act in the same manner and to the same extent as if he or she had personally committed the offence if it is proved that the act which constituted the offence was committed with his or her consent or connivance or that it was attributable to any neglect on his or her part.


document_id: hpa-2007
provision_ref: s62
chapter: PART 12 - OFFENCES AND PROSECUTION
section: 62
title: Forfeiture
content:
62. —(1) The court before which any person is tried for an offence under this Act may make an order for the forfeiture of any item which has been seized under the provisions of this Act if the court is satisfied that — ( a ) an offence under this Act has been committed; and ( b ) the item seized was the subject matter, or was used in the commission, of the offence. (2) Where no party raises the question of forfeiture under subsection (1), the court may consider the question on its own motion. (3) The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Act even though no person has been convicted of an offence. (4) If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Act, the court is to order that the item be released to its owner or the person entitled to it. (5) If — ( a ) no prosecution is instituted with regard to any item which has been seized under the provisions of this Act; and ( b ) no claim is made for the item under section 49(5)( b ), the item to which the notice relates is deemed to be forfeited. (6) Where the owner of any item seized under the provisions of this Act consents to its disposal, the item is then deemed to be forfeited. (7) Any item forfeited or deemed to be forfeited under this section must be delivered to the Authority or an officer of the Authority and must be disposed of in such manner as the Chief Executive thinks fit. (8) The costs of the disposal of any item under subsection (7) must be borne by the owner of that item.


document_id: hpa-2007
provision_ref: s63
chapter: PART 12 - OFFENCES AND PROSECUTION
section: 63
title: Recovery of fees and other expenses incidental to prosecution
content:
63. —(1) When any person is convicted of an offence under this Act, the court may order that person to pay the following costs and expenses: ( a ) all expenses incidental to the analysis of any health product or active ingredient in respect of which the conviction is obtained; ( b ) the cost of the purchase of any sample of the health product or active ingredient for analysis; and ( c ) any other reasonable expenses incurred by the prosecution. (2) If the amount of the costs and expenses is not paid by the person liable to pay those costs and expenses within 14 days after demand, that amount may be reported to a Magistrate’s Court and recovered in the same manner as if it were a fine imposed by a Magistrate’s Court.


document_id: hpa-2007
provision_ref: s64
chapter: PART 12 - OFFENCES AND PROSECUTION
section: 64
title: Non-disclosure of information
content:
64. —(1) No prosecutor or witness in any prosecution of an offence under this Act may be compelled to disclose the fact that he or she received any information or the nature of the information or the name of any person who gave the information. (2) No officer appearing as a prosecutor or witness in connection with any offence under this Act may be compelled to produce any confidential report or document made or received by him or her in his or her official capacity or to make any statement in relation to the report or document.


document_id: hpa-2007
provision_ref: s65
chapter: PART 12 - OFFENCES AND PROSECUTION
section: 65
title: Composition of offences
content:
65. —(1) The Chief Executive or any officer of the Authority authorised in writing in that behalf by the Chief Executive 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) All sums collected under this section must be paid into the Consolidated Fund. [Act 19 of 2025 wef 05/12/2025]


document_id: hpa-2007
provision_ref: s66
chapter: PART 13 - MISCELLANEOUS
section: 66
title: Protection of confidential information
content:
66. —(1) Except as otherwise provided in subsection (2), a person who is or has been involved in the administration or enforcement of this Act must not disclose any information relating to any health product that the person knows or ought reasonably to know to be confidential information. (2) Nothing in subsection (1) prevents any person from disclosing any information within the person’s knowledge concerning any health product where the disclosure is made — ( a ) with the permission of the person from whom the information was obtained; ( b ) for the purpose of the administration or enforcement of this Act; ( c ) for the purpose of assisting any public officer or officer of any other statutory board in the investigation or prosecution of any offence under any written law; ( d ) for any other prescribed purpose; or ( e ) in compliance with the requirement of any court or the provisions of any written law. (3) For the purpose of this section, the reference to a person disclosing or making use of any information includes that person permitting any other person to have any access to any record, document or other thing which is in that person’s possession or under that person’s control by virtue of that person being or having been involved in the administration or enforcement of this Act. (4) Any person who contravenes subsection (1) or (2) 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 12 months or to both.


document_id: hpa-2007
provision_ref: s67
chapter: PART 13 - MISCELLANEOUS
section: 67
title: Service of documents
content:
67. —(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. (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; ( 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 ( e ) by sending it by email to the individual’s last email address. (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; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or ( c ) by sending it by email to the partnership’s last email address. (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 ( c ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) Service of a document under this section takes effect — ( a ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); or ( 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. (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. (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; “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 an order or a notice permitted or required by or under this Act to be served; “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 19 of 2025 wef 05/12/2025]


document_id: hpa-2007
provision_ref: s68
chapter: PART 13 - MISCELLANEOUS
section: 68
title: Form and authentication of notices, orders and other documents
content:
68. —(1) All notices, orders and other documents which an enforcement officer is empowered to give by this Act may be in the form and manner determined by the Chief Executive, and may be given by any enforcement officer. (2) Where any such notice, order or document requires authentication — ( a ) the signature of the Chief Executive or an enforcement officer; or ( b ) an official facsimile of such signature, appended to it is sufficient authentication.


document_id: hpa-2007
provision_ref: s69
chapter: PART 13 - MISCELLANEOUS
section: 69
title: Inaccuracies in documents
content:
69. —(1) No misnomer or inaccurate description of any person, premises, conveyance or any other thing named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act in any way affects the operation of this Act as respects that person, premises, conveyance or thing, if that person, premises, conveyance or thing is so designated or described in the notice, order or document as to be identifiable. (2) No proceedings taken under or by virtue of this Act are invalid for want of form.


document_id: hpa-2007
provision_ref: s70
chapter: PART 13 - MISCELLANEOUS
section: 70
title: Exemption
content:
70. —(1) Subject to any general or special direction of the Minister, the Authority may, by order in the Gazette , exempt any person or class of persons or any health product or class of health products from all or any of the provisions of this Act. (2) In granting an exemption under subsection (1), the Authority may impose any conditions that it thinks fit. (3) An exemption granted under this section may be revoked at any time.


document_id: hpa-2007
provision_ref: s71
chapter: PART 13 - MISCELLANEOUS
section: 71
title: Fees
content:
71. —(1) The Authority may, with the approval of the Minister, by regulations prescribe the fees that are payable under and for the purposes of this Act and the time at which and the manner in which any fee is to be paid. (2) All fees collected under this Act must be paid into the funds of the Authority.


document_id: hpa-2007
provision_ref: s72
chapter: PART 13 - MISCELLANEOUS
section: 72
title: Regulations
content:
72. —(1) The Authority may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make regulations for or with respect to all or any of the matters set out in the Second Schedule, and provide in the regulations that a contravention of the regulations shall be an offence punishable with penalties not exceeding a fine of $20,000 or imprisonment for a term of 12 months or both. (3) Regulations made under this section in relation to the supply or use of health products do not affect the supply or use of health products for veterinary purposes. (4) Where any regulation expressly states that it is made pursuant to paragraph 1( l ) of the Second Schedule to implement any specified international agreement to which Singapore is a party, that regulation has effect despite any rule of law to the contrary. (5) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: hpa-2007
provision_ref: s73
chapter: PART 14 - REGULATION OF SUPPLY AND
section: 73
title: Supply and use of health products and active ingredients for veterinary purposes
content:
73. —(1) The Minister charged with the responsibility for national development may make regulations in relation to the supply or use for veterinary purposes of — ( a ) any health product (whether or not such health product falls within any of the categories of health products specified in the First Schedule); or ( b ) any active ingredient. (2) Regulations made under subsection (1) may — ( a ) prohibit the supply or use of any health product or active ingredient for any veterinary purpose, whether absolutely or subject to such exceptions as may be prescribed; ( b ) require that the supply or use of any health product or active ingredient for veterinary purposes should be made only in accordance with the prescription of a veterinarian; ( c ) provide for such other restrictions or controls on the supply or use of any health product or active ingredient for veterinary purposes; ( d ) provide that a contravention thereof shall be an offence punishable with penalties not exceeding a fine of $20,000 or imprisonment for a term of 12 months or both; and ( e ) provide for the administration and enforcement of such regulations by officers of the Agri‑Food and Veterinary Authority. (3) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.


document_id: hpa-2007
provision_ref: s74
chapter: PART 14 - REGULATION OF SUPPLY AND
section: 74
title: Powers of officers enforcing regulations made under section 73
content:
74. An officer of the Agri‑Food and Veterinary Authority administering and enforcing any regulations made under section 73 has the same powers as are conferred on an enforcement officer by section 49.


document_id: hpa-2007
provision_ref: s75
chapter: PART 14 - REGULATION OF SUPPLY AND
section: 75
title: Application of Parts 10 to 13
content:
75. The provisions of Parts 10 to 13 apply, where relevant, with the following modifications to the administration and enforcement of any regulations made under section 73: ( a ) any reference in the provisions of those Parts to the Minister is to be read as a reference to the Minister charged with the responsibility for national development; ( b ) any reference in the provisions of those Parts to the Authority is to be read as a reference to the Agri‑Food and Veterinary Authority; ( c ) any reference in the provisions of those Parts to the Chief Executive is to be read as a reference to the Chief Executive of the Agri‑Food and Veterinary Authority; ( d ) any reference in the provisions of those Parts to an enforcement officer is to be read as a reference to an officer of the Agri‑Food and Veterinary Authority who is acting in the administration and enforcement of such regulations; and ( e ) any reference in the provisions of those Parts to a health product includes any health product that does not fall within any of the categories of health products specified in the First Schedule.


document_id: hpba-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Health Promotion Board established under section 3; “Chairperson” means the Chairperson of the Board and includes a temporary Chairperson appointed under section 8; “Chief Executive” means the Chief Executive of the Board, and includes any individual acting in that capacity; “member” means a member of the Board. [5/2018]


document_id: hpba-2001
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION
section: 3
title: Establishment and incorporation of Health Promotion Board
content:
3. A body called the Health Promotion Board is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and ( c ) doing and suffering all such other acts or things as a body corporate may lawfully do and suffer.


document_id: hpba-2001
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION
section: 4
title: Common seal
content:
4. —(1) The Board must have a common seal and the seal may be broken, changed, altered or made anew as the Board thinks fit. (2) All deeds and other documents requiring the seal of the Board must be sealed with the common seal of the Board. (3) All instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Board for the purpose or by one member and the Chief Executive. (4) The Board may, by resolution or otherwise in writing, appoint an officer of the Board or any other agent either generally or in any particular case to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter coming within the powers of the Board. (5) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Board affixed to any document and presume that it was duly affixed.


document_id: hpba-2001
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION
section: 5
title: Constitution of Board
content:
5. —(1) The Board consists of — ( a ) a Chairperson; and ( b ) not less than 6 but not more than 10 other members, all of whom must be appointed by the Minister. (2) The Minister may appoint the Chief Executive to be a member of the Board.


document_id: hpba-2001
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, INCORPORATION
section: 7
title: Term of office of members
content:
7. —(1) A member of the Board (including the Chairperson) holds office on such conditions and for such term, not exceeding 3 years, as the Minister specifies in the appointment, and may be re‑appointed. (2) Any member of the Board may resign from his or her office at any time by giving at least one month’s notice in writing to the Minister. (3) The Minister may at any time revoke the appointment of any member as the Minister considers necessary in the interest of the effective performance of the functions of the Board under this Act, or in the public interest. (4) If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the remainder of the term for which the vacating member was appointed. (5) The Board is to pay to the Chairperson and other members of the Board, out of the funds of the Board, such salaries, fees and allowances as the Minister may determine.


document_id: hpba-2001
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT, INCORPORATION
section: 9
title: Meetings and proceedings of Board
content:
9. —(1) At all meetings of the Board, 5 members form a quorum. (2) The Chairperson presides at all meetings of the Board and, in his or her absence, the members present must elect one of their number to preside. (3) Meetings of the Board must be held at such times and places as the Chairperson may determine. (4) All questions arising at any meeting must be decided by a majority of votes of the members present and voting. (5) At any meeting of the Board, the Chairperson or, in his or her absence, the member presiding at the meeting has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote. (6) The validity of any proceedings of the Board is not affected by any vacancy among its members or by any defect in the appointment of any member. (7) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may regulate its own proceedings. [5/2018] 10. [ Repealed by Act 5 of 2018 ]


document_id: hpba-2001
provision_ref: s11
chapter: PART 3 - FUNCTIONS, OBJECTS, DUTIES AND
section: 11
title: Functions, objects and duties of Board
content:
11. —(1) Subject to the provisions of this Act, the functions, objects and duties of the Board are — ( a ) to advise the Government, either of its own motion or upon request made to it by the Minister, on all matters connected with the promotion of good health and healthy lifestyles among the people of Singapore, including the formulation of policies, the creation of conditions and the provision of public facilities that are conducive to the promotion of good health and healthy lifestyles among the people of Singapore; ( b ) to devise, organise and implement — (i) programmes and other activities for or related to the promotion of good health and healthy lifestyles among the people of Singapore; (ii) health education programmes; and (iii) programmes and other activities for or related to the prevention or detection of diseases; ( c ) to collaborate with any organisation to devise, organise and implement, or to provide support or assistance to any organisation in devising, organising and implementing, any of the programmes or activities mentioned in paragraph ( b ); ( d ) to monitor and conduct investigations and research into any matter relating to the health and nutritional statuses of the people of Singapore; ( e ) to encourage and facilitate healthier food choices in Singapore; ( f ) to determine, establish and recommend — (i) nutritional standards and dietary guidelines; and (ii) guidelines for the provision of nutritional information; ( g ) to provide healthcare services (including medical, dental, health-screening and immunisation services) to school children and such other persons or class of persons as the Board thinks fit; ( h ) to provide consultancy services to Government departments, members of the healthcare industry and the private sector on matters relating to health education, the preservation and promotion of health, healthy lifestyles and healthy dietary practices and the prevention and detection of diseases; ( i ) to represent the Government internationally on matters related to or connected with health education, the preservation and promotion of health and the prevention and detection of diseases; and ( j ) to carry out any other functions that are imposed upon the Board by or under this Act or any other written law. [11/2019] (2) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (3) Nothing in this section is to be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.


document_id: hpba-2001
provision_ref: s12
chapter: PART 3 - FUNCTIONS, OBJECTS, DUTIES AND
section: 12
title: Powers of Board
content:
12. The Board has power to do anything for the purpose of discharging its functions, objects and duties under this Act, or which is incidental or conducive to the discharge of those functions, objects or duties and, in particular, may — ( a ) enter into any contracts that may be necessary or expedient for the purpose of discharging its functions, objects or duties; ( b ) with the approval of the Minister, acquire and hold such movable or immovable property as may be necessary or expedient for carrying into effect the provisions of this Act and for the same purposes may sell, lease, mortgage, or otherwise alienate or dispose of any property so acquired; ( c ) with the approval of the Minister, form or participate in the formation of any company, partnership or joint venture as a shareholder or partner or in any other capacity and to share profits; ( d ) organise such courses and other programmes as the Board thinks necessary or desirable for the discharge of its functions, objects or duties; ( e ) collect, analyse, compile, publish or disseminate information of a statistical nature relating to — (i) the health or nutritional statuses of the people of Singapore; or (ii) any other subject matter that may be necessary for the discharge of the functions, objects or duties of the Board; ( f ) provide technical, consultancy or advisory services to any Government agency or to any other person or body in Singapore or elsewhere on any matter related to or connected with the functions, objects or duties of the Board; ( g ) become a member or affiliate of any international body the functions, objects or duties of which are similar to those of the Board; ( h ) charge fees or commissions for services rendered by the Board or for the use of any of its facilities; ( i ) carry out promotional or publicity activities in any form; ( j ) receive donations, grants, gifts, subsidies or contributions from any source, and raise funds by all lawful means; ( k ) publish or sponsor the publication of works concerning the preservation and promotion of good health, health education or any other matter related to the functions, objects or duties of the Board; ( l ) grant loans to officers or employees of the Board for any purposes specifically approved by the Board as are likely to increase the efficiency of its officers or employees; ( m ) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers or employees of the Board and members of their families; and ( n ) provide training for employees of the Board and to award scholarships or otherwise pay for such training.


document_id: hpba-2001
provision_ref: s13
chapter: PART 3 - FUNCTIONS, OBJECTS, DUTIES AND
section: 13
title: Committees
content:
13. —(1) The Board may appoint committees consisting of one or more persons (whether members of the Board or not) and define or vary the terms of reference of those committees. (2) Subject to this Act and the Public Sector (Governance) Act 2018 and to the control of the Board, each committee appointed under this section may regulate its procedure in such manner as the committee thinks fit. [5/2018]


document_id: hpba-2001
provision_ref: s14
chapter: PART 3 - FUNCTIONS, OBJECTS, DUTIES AND
section: 14
title: Delegation of powers
content:
14. —(1) The Board may, in respect of a specified matter or class of matters, by writing, delegate any of its powers to a member, officer or committee of the Board. (2) Every member, officer or committee purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.


document_id: hpba-2001
provision_ref: s15
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 15
title: Chief Executive, officers and employees, etc.
content:
15. —(1) There must be a Chief Executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: hpba-2001
provision_ref: s16
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 16
title: Protection from personal liability
content:
16. —(1) No suit or other legal proceedings shall lie personally against any member, officer or employee of the Board or other person acting under the direction of the Board for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law. (2) Where the Board provides a service to the public by which information is supplied to the public, neither the Board nor any of its employees involved in the supply of the information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing in the information or however caused if made in good faith and in the ordinary course of the discharge of the duties of such employees. 17. [ Repealed by Act 5 of 2018 ]


document_id: hpba-2001
provision_ref: s18
chapter: PART 5 - FINANCIAL PROVISIONS
section: 18
title: Financial year
content:
18. The financial year of the Board begins on 1 April of each year and ends on 31 March of the succeeding year.


document_id: hpba-2001
provision_ref: s19
chapter: PART 5 - FINANCIAL PROVISIONS
section: 19
title: Minister’s approval of estimates
content:
19. —(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Board, be sent without delay to the Minister. [5/2018] (2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates. [5/2018] (3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Board, and the Board is bound by the Minister’s decision. [5/2018] (4) However, the Board may transfer all or any part of moneys assigned to one item of expenditure to any item under the same head of expenditure in any estimates approved by the Minister. [5/2018]


document_id: hpba-2001
provision_ref: s20
chapter: PART 5 - FINANCIAL PROVISIONS
section: 20
title: Funds of Board
content:
20. The funds of the Board consist of — ( a ) all moneys transferred to the Board under section 30; ( b ) all moneys received by the Board by way of grants or subsidies; ( c ) all gifts, donations and contributions to the Board; ( d ) all fees, charges, commissions, rents, interests, dividends and other income accruing to the Board; ( e ) all moneys borrowed by the Board under this Act; ( f ) all moneys recovered or collected by the Board or any officer or employee of the Board (including sums collected for the composition of offences) under this Act or any other written law administered by the Board; and ( g ) all other moneys lawfully received by the Board for the purposes of the Board.


document_id: hpba-2001
provision_ref: s21
chapter: PART 5 - FINANCIAL PROVISIONS
section: 21
title: Grants-in-aid
content:
21. For the purpose of enabling the Board to carry out its functions under this Act, the Minister may make grants‑in‑aid to the Board of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament.


document_id: hpba-2001
provision_ref: s22
chapter: PART 5 - FINANCIAL PROVISIONS
section: 22
title: Borrowing powers
content:
22. The Board may for the purposes of this Act raise loans from the Government or, with the consent of the Minister, from any other source.


document_id: hpba-2001
provision_ref: s22A
chapter: PART 5 - FINANCIAL PROVISIONS
section: 22A
title: Issue of shares, etc.
content:
22A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Board under this Act, or of any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: hpba-2001
provision_ref: s23
chapter: PART 5 - FINANCIAL PROVISIONS
section: 23
title: Bank accounts
content:
23. The Board must open and maintain one or more accounts with such bank or banks as the Board thinks fit and every such account must be operated by such person or persons authorised to do so by the Board.


document_id: hpba-2001
provision_ref: s24
chapter: PART 5 - FINANCIAL PROVISIONS
section: 24
title: Application of funds
content:
24. The funds of the Board must be applied only in payment or discharge of the expenses, obligations and liabilities of the Board and in making any payment that the Board is authorised or required to make.


document_id: hpba-2001
provision_ref: s25
chapter: PART 5 - FINANCIAL PROVISIONS
section: 25
title: Power of investment
content:
25. The Board may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [45/2004] 26. [ Repealed by Act 5 of 2018 ] 27. [ Repealed by Act 5 of 2018 ] 28. [ Repealed by Act 5 of 2018 ] 29. [ Repealed by Act 5 of 2018 ]


document_id: hpba-2001
provision_ref: s30
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 30
title: Transfer to Board of property, assets and liabilities
content:
30. —(1) As from 1 April 2001, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by any of the departments as specified in the Schedule and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to any such department are transferred to and vest in the Board without further assurance, act or deed. (2) If any question arises as to whether any particular property, or whether any particular asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Board under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (3) Any immovable property to be transferred to and vested in the Board under subsection (1) is held by the Board upon such tenure and subject to such terms and conditions as the President may determine.


document_id: hpba-2001
provision_ref: s31
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 31
title: Transfer of employees
content:
31. —(1) As from 1 April 2001, all persons who immediately before that date were employed by the Government in any of the departments as specified in the Schedule are transferred to the service of the Board on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) Until such time as terms and conditions of service are drawn up by the Board, the scheme and terms and conditions of the Government continue to apply to every person transferred to the service of the Board under subsection (1) as if he or she were still in the employment of the Government.


document_id: hpba-2001
provision_ref: s32
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 32
title: Pension rights, etc., of Government employees to be preserved
content:
32. —(1) The terms and conditions to be drawn up by the Board must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Board under section 31 while in the employment of the Government. (2) Any term or condition relating to the length of service with the Board must recognise the length of service of the persons so transferred while in the employment of the Government to be service with the Board. (3) Nothing in the terms and conditions to be drawn up by the Board is to adversely affect the conditions that would have been applicable to persons transferred to the service of the Board as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (4) Where a person has been transferred to the service of the Board under section 31, the Government is liable to pay to the Board such portion of any pension, gratuity or allowance payable to the person on his or her retirement as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Board. (5) Where any person in the service of the Board, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Board or is discharged from such service, the Board may grant to him or her or to such other person or persons wholly or partly dependent on him or her, as the Board thinks fit, such allowance or gratuity as the Board may determine.


document_id: hpba-2001
provision_ref: s33
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 33
title: No benefits in respect of abolition or reorganisation of office
content:
33. Despite the provisions of the Pensions Act 1956, no person who is transferred to the service of the Board under section 31 is entitled to claim any benefit under that Act on the ground that he or she has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the Board.


document_id: hpba-2001
provision_ref: s34
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 34
title: Existing contracts
content:
34. All deeds, contracts, schemes, bonds, agreements, instruments and arrangements, subsisting immediately before 1 April 2001 to which the Government is a party and relating to any of the departments specified in the Schedule or to any person transferred to the service of the Board under section 31 continue in force on and after that date and are enforceable by or against the Board as if the Board had been named therein or had been a party thereto instead of the Government.


document_id: hpba-2001
provision_ref: s35
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 35
title: Continuation and completion of disciplinary and other legal proceedings
content:
35. —(1) Where on 1 April 2001, any disciplinary proceedings were pending against any employee of the Government transferred to the service of the Board, the proceedings must be carried on and completed by the Board. (2) Where on 1 April 2001, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or decision had been made on the matter, the committee must complete the hearing or investigation and must make an order, ruling or direction that it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee pursuant to this section is to be treated as an order, a ruling or a direction of the Board and has the same force or effect as if it had been made by the Board pursuant to the authority vested in the Board under this Act. (4) All proceedings or causes of action pending or existing immediately before 1 April 2001 by or against the Government in respect of any of the departments specified in the Schedule may be continued, completed and enforced by or against the Board.


document_id: hpba-2001
provision_ref: s36
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES
section: 36
title: Misconduct or neglect of duty by employee before transfer
content:
36. The Board may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, while he or she was in the employment of the Government, been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the Government and if this Act had not been enacted.


document_id: hpba-2001
provision_ref: s38
chapter: PART 7 - MISCELLANEOUS
section: 38
title: Symbol or representation of Board
content:
38. —(1) The Board has the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit the symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation identical with that of the Board, or which so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: hpba-2001
provision_ref: s39
chapter: PART 7 - MISCELLANEOUS
section: 39
title: Preservation of secrecy
content:
39. —(1) Except for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or where required or allowed by any written law, a person who is or has been a member, an officer, an employee or an agent of the Board or a member of a committee of the Board must not disclose any information relating to the affairs of the Board or of any other person which has been obtained by him or her in the performance of his or her duties or the exercise of his or her 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 12 months or to both.


document_id: hpba-2001
provision_ref: s40
chapter: PART 7 - MISCELLANEOUS
section: 40
title: Composition of offences
content:
40. —(1) The Chief Executive or any officer authorised by the Chief Executive 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 of money not exceeding $1,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.


document_id: hpba-2001
provision_ref: s41
chapter: PART 7 - MISCELLANEOUS
section: 41
title: Regulations
content:
41. The Board may, with the approval of the Minister, make regulations for any or both of the following purposes: ( a ) regulating the proceedings of the Board or of the committees of the Board; ( b ) providing for or prescribing any matters which are necessary or convenient to be provided for or prescribed for carrying out or giving effect to the provisions of this Act.


document_id: hpba-2001
provision_ref: s42
chapter: PART 7 - MISCELLANEOUS
section: 42
title: Saving
content:
42. Insofar as it is necessary to preserve the effect of any document issued by or relating to any of the departments specified in the Schedule, any reference in such document to any such department is to be construed as a reference to the Board.


document_id: hsa-2020
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Healthcare Services Act 2020 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: hsa-2020
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “applicant” means a person making an application; “application”, in relation to a licence, means an application under section 10; “approved conveyance” means any conveyance approved under section 11B to be used for the provision of a licensable healthcare service; [Act 11 of 2023 wef 26/06/2023] “approved permanent premises” means any permanent premises approved under section 11B to be used for the provision of a licensable healthcare service; [Act 11 of 2023 wef 26/06/2023] “approved specified service” means any specified service approved under section 11D; [Act 11 of 2023 wef 26/06/2023] “authorised officer”, for any provision of this Act, means an individual who is appointed under section 7(2) as an authorised officer for that provision; “Clinical Governance Officer”, for a licensee, means an individual appointed under section 24(2) for that licensee; “code of practice” means a code of practice issued or approved under section 38, and includes any code of practice as amended under that section; “conveyance” means a vehicle, an aircraft or a vessel, that is registered under any written law, or a train in Singapore, and that is used to provide a healthcare service in Singapore; “dentist” means an individual who is registered under the Dental Registration Act (Cap. 76) as a registered dentist and holds a valid practising certificate under that Act; [ Deleted by Act 11 of 2023 wef 01/05/2023 ] “Director-General” means the Director-General of Health and includes any individual who is, for the time being, discharging the duties of the Director-General of Health; [Act 11 of 2023 wef 01/05/2023] “grant” or “granted”, in relation to a licence, includes — ( a ) grant or granted on renewal; and ( b ) deemed granted under this Act; “key appointment holder”, in relation to an applicant or a licensee, means — ( a ) if a company, limited liability partnership or other body corporate — a member of the board of directors or committee or board of trustees or other governing body of the applicant or licensee; ( b ) if a partnership — a partner of the applicant or licensee; or ( c ) in any other case — any person, by whatever name called, who has general management or supervision of the business of the applicant or licensee; “licence” means a licence that is granted under this Act and that is in force; [ Deleted by Act 11 of 2023 wef 26/06/2023 ] [ Deleted by Act 11 of 2023 wef 26/06/2023 ] “licensee” means the person to whom a licence is granted; “medical practitioner” means an individual who is registered under the Medical Registration Act (Cap. 174) as a medical practitioner and holds a valid practising certificate under that Act; “modification” and “modify”, in relation to the conditions of a licence, include deleting, varying and substituting a condition, and adding a condition; “oral health therapist” means an individual who is registered under the Dental Registration Act as a registered oral health therapist and holds a valid practising certificate under that Act; “permanent premises”, in relation to an applicant for a licence to provide a licensable healthcare service or a licensee, means any premises at which the applicant or licensee (as the case may be) intends to provide the licensable healthcare service for the entire term or remainder of the term (as the case may be) of the licence; [Act 11 of 2023 wef 26/06/2023] “Principal Officer”, for an applicant or a licensee, means an employee or officer of the applicant or licensee who — ( a ) is involved in the day‑to‑day management of the provision of the licensable healthcare services the licensee is authorised to provide; ( b ) has the capacity, on behalf of the licensee, to influence the compliance of the licensee’s officers and employees with the requirements under this Act; ( c ) has access to and is authorised to provide any information relating to the licensee and the licensable healthcare services the licensee is authorised to provide that is required by or under this Act; and ( d ) is authorised to represent for the purposes of this Act the licensee in providing those licensable healthcare services; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function, but not a Town Council established under section 4 of the Town Councils Act (Cap. 329A); “public scheme” means a scheme that is established — ( a ) by or under any written law and administered by a public authority; or ( b ) by the Government in any other manner, for the purpose of providing financial relief, assistance or support to citizens or permanent residents of Singapore, or any part of them; “remote provision”, in relation to a licensable healthcare service, means provision of the licensable healthcare service — ( a ) to a patient or customer who is not physically present at the same place as any individual providing the licensable healthcare service; and ( b ) involving communication through — (i) the Internet; (ii) the telephone or other communication device; or (iii) any other kind of electronic or other technology for facilitating communication, but does not include any specific system or method of communication that is prescribed to be excluded for the purposes of this paragraph; [Act 11 of 2023 wef 26/06/2023] “repealed Act” means the Private Hospitals and Medical Clinics Act (Cap. 248); “section 25 licensee” has the meaning given by section 25; [ Deleted by Act 11 of 2023 wef 26/06/2023 ] “service delivery mode”, in relation to a licensable healthcare service, means any of the following modes by which the licensable healthcare service is provided: ( a ) at permanent premises; ( b ) at any premises other than permanent premises; ( c ) using a conveyance; ( d ) by remote provision; [Act 11 of 2023 wef 26/06/2023] “specified committee” means a quality assurance committee, a service review committee or a clinical ethics committee, as the case may be; “specified service”, in relation to a licensable healthcare service, means a service of a medical or healthcare nature prescribed under section 9A(1) as a specified service for that licensable healthcare service; [Act 11 of 2023 wef 26/06/2023] “step‑in operator” means a person that is appointed under section 33 to take over the operations, or a part of the operations, of a licensee. (2) In this Act, a healthcare service is provided using a conveyance where the healthcare service is provided in or from the conveyance, moving or otherwise. (3) For the purpose of determining whether or not a person is a suitable person under the Act, the Director-General must have regard, and give such weight as the Director-General considers appropriate, to all the following matters: ( a ) any evidence that the person is an undischarged bankrupt or has gone, or is likely to go, into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( b ) any prior conviction for committing (whether before, on or after the date of commencement of this section) any offence — (i) under this Act, the repealed Act or any applicable Act; (ii) involving fraud or dishonesty, whether or not the conviction was in a Singapore court; or (iii) specified in the Third Schedule to the Registration of Criminals Act (Cap. 268); ( c ) any evidence of the cancellation, removal or suspension (whether before, on or after the date of commencement of this section) of the person’s registration under any applicable Act for any reason; ( d ) any evidence of the revocation or suspension (whether before, on or after the date of commencement of this section) of any licence granted to the person under this Act or the repealed Act. [Act 11 of 2023 wef 01/05/2023] (4) To avoid doubt, the Director-General is not confined to consideration of the matters specified in subsection (3) and may take into account any other matters and evidence that may be relevant. [Act 11 of 2023 wef 01/05/2023] (5) In subsection (3), “applicable Act” means any of the following Acts: ( a ) the Allied Health Professions Act (Cap. 6B); ( b ) the Dental Registration Act; ( c ) the Medical Registration Act; ( d ) the Nurses and Midwives Act (Cap. 209); ( e ) the Optometrists and Opticians Act (Cap. 213A); ( f ) the Pharmacists Registration Act (Cap. 230); ( g ) the Traditional Chinese Medicine Practitioners Act (Cap. 333A).


document_id: hsa-2020
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meanings of “healthcare service” and “licensable healthcare service”
content:
3. —(1) In this Act — “healthcare service” means any of the following services, whether or not provided for reward: ( a ) assessment, diagnosis, treatment, prevention or alleviation of an ailment, a condition, disability, disease, disorder or an injury affecting any part of the human body or mind; ( b ) nursing or rehabilitative care of an individual suffering from an ailment, a condition, disability, disease, disorder or an injury mentioned in paragraph ( a ); ( c ) conduct of any clinical procedure to change, or that is intended to change, the appearance or anatomy of an individual; ( d ) assessment of the health of an individual; ( e ) any other service of a medical or healthcare nature that is prescribed; “licensable healthcare service” means a healthcare service specified in the First Schedule. (2) In subsection (1), “clinical procedure” — ( a ) means any procedure that only a medical practitioner, a dentist or an oral health therapist is authorised under any written law to perform and which involves any of the following: (i) puncture of the skin to inject, deliver, implant or anchor any substance or object into the human body, or to withdraw or remove blood, fluid or tissue from the human body; (ii) penetration of any human body orifice to deliver into or remove any substance from the body; (iii) external application of energy to any part of the human body that is capable of causing severe or irreversible injury to the body; (iv) chemical or mechanical exfoliation of the skin that targets below the epidermis; (v) manipulation or modification of the dental hard or soft tissues within the oral cavity that causes, or is capable of causing, changes to such tissues; but ( b ) does not include any of the following: (i) body piercing; (ii) body tattooing; (iii) application of intense pulsed light.


document_id: hsa-2020
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Purpose of Act
content:
4. The purpose of this Act is to regulate the provision of healthcare services, including — ( a ) the modes by which healthcare services are provided and the premises and conveyances used for the provision of healthcare services; and ( b ) the advertisement of any healthcare service, so as to ensure the safety and welfare of, and the general continuity of healthcare provided to, people in Singapore. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Interface with other laws
content:
6. To avoid doubt, this Act does not affect the operation of any of the following: ( a ) the Allied Health Professions Act; ( b ) the Dental Registration Act; ( c ) the Medical Registration Act; ( d ) the Nurses and Midwives Act; ( e ) the Optometrists and Opticians Act; ( f ) the Pharmacists Registration Act; ( g ) the Traditional Chinese Medicine Practitioners Act.


document_id: hsa-2020
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Administration of Act
content:
7. —(1) The Director-General of Health is, subject to the general or special directions of the Minister, responsible for the administration of this Act. [Act 11 of 2023 wef 01/05/2023] (2) The Director-General may, in relation to any provision in this Act, appoint a public officer or an officer of any public authority to be an authorised officer for the purposes of that provision, either generally or in a particular case. [Act 11 of 2023 wef 01/05/2023] (3) Subject to subsection (4), the Director-General may delegate the exercise of all or any of the powers conferred or duties imposed on the Director-General under this Act (except the power of appointment conferred by this section and the power of delegation conferred by this subsection) to an authorised officer; and any reference in the provision of this Act to the Director-General includes a reference to the authorised officer. [Act 11 of 2023 wef 01/05/2023] (4) Any delegation under subsection (3) may be general or specific, and may be subject to any conditions or limitations that the Director-General may specify. [Act 11 of 2023 wef 01/05/2023] (5) The Director-General may appoint, subject to any restrictions specified in the appointment, a suitably qualified individual who is neither a public officer nor an officer of a public authority to assist the Director-General in the administration of this Act. [Act 11 of 2023 wef 01/05/2023] (6) The Director-General, every authorised officer and every individual appointed under subsection (5) are taken to be public servants for the purposes of the Penal Code (Cap. 224). [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s8
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 8
title: Provision of licensable healthcare service to be licensed
content:
8. —(1) A person must not provide a licensable healthcare service unless the person — ( a ) is authorised to do so by a licence under this Act; or ( b ) is exempt from this section by or under this Act in relation to that licensable healthcare service. (2) A person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; but ( b ) if the person has any previous qualifying conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both. (3) In subsection (2), “qualifying conviction” means — ( a ) a conviction for an offence under subsection (2); or ( b ) a conviction (before, on or after the date of commencement of this section) for an offence under section 5(2) of the repealed Act.


document_id: hsa-2020
provision_ref: s9
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 9
title: Permanent premises, conveyances and service delivery mode to be approved
content:
9. —(1) A licensee must not provide a licensable healthcare service — ( a ) at any permanent premises in Singapore that is not an approved permanent premises for the provision of the licensable healthcare service; ( b ) using any conveyance that is not an approved conveyance for the provision of the licensable healthcare service; or ( c ) by any other service delivery mode that is not approved under section 11B for the provision of the licensable healthcare service. (2) A licensee that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of a first offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) if the licensee has a previous qualifying conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both. (3) In subsection (2), “qualifying conviction” means — ( a ) a conviction for an offence under subsection (2); or ( b ) a conviction (whether before, on or after the date of commencement of section 4 of the Healthcare Services (Amendment) Act 2023) for an offence under — (i) section 9(1) as in force immediately before that date; or (ii) section 5(2) or (4)( a ) of the repealed Act. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s9A
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 9A
title: Specified service to be approved
content:
9A. —(1) The Minister may prescribe a service of a medical or healthcare nature that is part of a licensable healthcare service as a specified service for the licensable healthcare service, the provision of which would require approval by the Director-General under section 11D. (2) Despite holding a licence for the provision of a licensable healthcare service, a licensee must not provide any specified service for the licensable healthcare service unless the licensee is granted approval under section 11D for the provision of the specified service. (3) A licensee that contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in the case of a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s10
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 10
title: Application for licence
content:
10. —(1) Every application for the grant of a licence must be made to the Director-General in accordance with this section. [Act 11 of 2023 wef 01/05/2023] (2) An application must — ( a ) be in the form and manner that the Director-General requires; [Act 11 of 2023 wef 01/05/2023] ( b ) be accompanied by a non‑refundable application fee (if prescribed); ( c ) include all the following particulars: (i) the name and particulars of the applicant; (ii) the licensable healthcare service that the applicant intends to provide or continue to provide under the authority of the licence applied for; (iii) the business name by which the applicant intends to provide or continue to provide the licensable healthcare service; (iv) the prescribed details of every application made by the applicant under section 11A or 11C for the approval of any permanent premises, conveyance or other service delivery mode, or specified service; [Act 11 of 2023 wef 26/06/2023] (v) [ Deleted by Act 11 of 2023 wef 26/06/2023 ] (vi) the name of the individual who is or is to be the Principal Officer; (vii) the name of the individual or individuals who is or are or is or are to be appointed the Clinical Governance Officer or Clinical Governance Officers; (viii) other prescribed particulars (if prescribed); ( d ) be accompanied by any other information or document that the Director-General requires to decide on the application; and [Act 11 of 2023 wef 01/05/2023] ( e ) if required by the Director-General, be accompanied by a statutory declaration by the applicant verifying any information contained in or relating to the application. [Act 11 of 2023 wef 01/05/2023] (3) In addition to the requirements under subsection (2), an application to renew a licence — ( a ) must ordinarily be made not later than the prescribed time before the date the licence expires (called in this subsection the renewal deadline); and ( b ) if made later than the renewal deadline, must be accompanied by a late renewal application fee (if prescribed). (4) The Director-General may carry out any inquiries and investigations in relation to the application that are necessary for a proper consideration of the application, including inspections of the premises at which the licensable healthcare service is to be or continue to be provided, and the conveyance, the facilities and the equipment used or to be used in connection with the licensable healthcare service. [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (5) The Director-General may refuse an application that is incomplete or otherwise not made in accordance with this section. [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s11
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 11
title: Grant or renewal of licence
content:
11. —(1) After considering an application for the grant of a licence, the Director-General may — ( a ) on payment of a licence fee or renewal fee (if prescribed), grant the licence; or ( b ) refuse to grant the licence. [Act 11 of 2023 wef 01/05/2023] (2) A person may be granted more than one licence, whether for the provision of the same or a different licensable healthcare service. (3) In deciding whether a licence should be granted, the Director-General must have regard to, and give such weight as the Director-General considers appropriate to, all the following matters: ( a ) whether the applicant is and, where necessary, the following persons are suitable persons to provide or be involved (as the case may be) in providing the licensable healthcare service to which the application relates: (i) any key appointment holder of the applicant; (ii) any person having a substantial interest in, or control of or direction over, the applicant’s business; (iii) any person having control of or direction over the applicant’s operations at the premises or conveyance used, or to be used, to provide the licensable healthcare service; ( b ) whether the applicant has been granted or is likely to be granted approval for at least one permanent premises, conveyance or other service delivery mode under section 11B; [Act 11 of 2023 wef 26/06/2023] ( c ) [ Deleted by Act 11 of 2023 wef 26/06/2023 ] ( d ) the likelihood of the applicant providing the licensable healthcare service to which the application relates in compliance with — (i) the requirements of this Act and any code of practice relating to that licensable healthcare service; (ii) any other written law applicable to the applicant relating to the provision of the licensable healthcare service in a safe and proper manner; and (iii) the rules of any public scheme established by or under any written law — (A) relating to the provision of the licensable healthcare service to which the application relates; and (B) under which the applicant is accredited or of which the applicant is a participant; ( e ) the applicant’s ability to provide the licensable healthcare service to all the applicant’s patients or customers in a manner that is clinically and ethically appropriate; ( f ) whether the applicant — (i) holds, or has applied for, a licence for any other licensable healthcare service; or (ii) has made arrangements with any other licensee for the provision of the licensable healthcare service to which the application relates; ( g ) whether there is any other relevant matter that makes it contrary to the public interest to grant or renew the licence. [Act 11 of 2023 wef 01/05/2023] (4) To avoid doubt, the Director-General is not confined to consideration of the matters in subsection (3) and may — ( a ) take into account any other matters and evidence that may be relevant; and ( b ) consult any person the Director-General thinks relevant, including any advisory committee the Director-General may appoint. [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s11A
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 11A
title: Application for approval of permanent premises, conveyance and other service delivery mode
content:
11A. —(1) An application for approval of every permanent premises, conveyance or other service delivery mode by which a licensable healthcare service is or is intended to be provided must — ( a ) be made to the Director-General in the form and manner that the Director-General may determine; and ( b ) be accompanied by an application fee (if prescribed). (2) An application for approval mentioned in subsection (1) must state all of the following: ( a ) every service delivery mode by which the person applying for approval intends to provide or continue to provide the licensable healthcare service; ( b ) whether the person applying for approval is a licensee or an applicant for a licence; ( c ) if any permanent premises are to be used or continue to be used to provide the licensable healthcare service, the address of those premises; ( d ) if any conveyance is to be used or continue to be used to provide the licensable healthcare service, the registration number and other particulars, and the name and particulars of the owner, of the conveyance; ( e ) other particulars or information (if prescribed); ( f ) any other additional information that the Director-General requires to decide on the application in the particular case. (3) The Director-General may carry out any inquiries and investigations in relation to the application that are necessary for a proper consideration of the application, including inspections of — ( a ) the permanent premises at which the licensable healthcare service is provided or intended to be provided; ( b ) the conveyance used or intended to be used in connection with the licensable healthcare service; and ( c ) any premises, facilities, equipment or device used or intended to be used in connection with the service delivery mode that is the subject of the application. (4) The Director-General may refuse to consider an application — ( a ) that is incomplete or not made in accordance with this section; or ( b ) where an inquiry or investigation mentioned in subsection (3) in relation to the application is refused by the applicant. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s11B
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 11B
title: Grant of approval for permanent premises, conveyance or other service delivery mode
content:
11B. —(1) After considering any application under section 11A, the Director-General may, subject to subsection (4) — ( a ) on payment of an approval fee (if prescribed), grant the approval; or ( b ) refuse to grant the approval. (2) In determining whether an applicant should be granted an approval for any permanent premises, conveyance or other service delivery mode by which a licensable healthcare service is or is intended to be provided, the Director-General is to have regard, and give such weight as the Director-General considers appropriate, to all of the following matters: ( a ) for the approval of any permanent premises or conveyance — the suitability of the permanent premises or conveyance (including the facilities and equipment in the permanent premises or conveyance), and of every process or protocol, used or intended to be used for the provision of the licensable healthcare service in the permanent premises or conveyance; ( b ) for the approval of any other service delivery mode — the suitability of any premises (including the facilities and equipment in the premises), and of every process or protocol, used or intended to be used in connection with the provision of the licensable healthcare service by that service delivery mode; ( c ) whether there is any other relevant matter that makes it contrary to the public interest to grant the approval. (3) In granting an approval under this section, the Director-General may impose conditions as the Director-General considers requisite or expedient having regard to the purposes of this Act. (4) An approval under this section must not be granted to any person who is not a licensee. (5) The Director-General must, upon granting an approval under this section, amend the licence concerned to state the permanent premises, conveyance or other service delivery mode that is approved. (6) An approval under this section of any permanent premises, conveyance or other service delivery mode does not entitle a licensee to provide a licensable healthcare service, or a specified service that is part of the licensable healthcare service, at those permanent premises, using that conveyance or by that other service delivery mode if doing so is prohibited under regulations made under section 57. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s11C
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 11C
title: Application for approval of specified service
content:
11C. —(1) An application for approval to provide a specified service for a licensable healthcare service must — ( a ) be made to the Director-General in the form and manner that the Director-General may determine; and ( b ) be accompanied by an application fee (if prescribed). (2) An application for approval mentioned in subsection (1) must state all of the following: ( a ) the specified service that the person intends to provide or continue to provide for the licensable healthcare service; ( b ) every permanent premises, conveyance and service delivery mode by which the person intends to provide or continue to provide the specified service; ( c ) whether the person applying for approval is a licensee or an applicant for a licence; ( d ) other particulars or information (if prescribed); ( e ) any other additional information that the Director-General requires to decide on the application in the particular case. (3) The Director-General may carry out any inquiries and investigations in relation to the application that are necessary for a proper consideration of the application, including inspections of any premises, conveyance, facilities, equipment or device used or to be used in connection with the specified service that is the subject of the application. (4) The Director-General may refuse to consider an application — ( a ) that is incomplete or not made in accordance with this section; or ( b ) where an inquiry or investigation mentioned in subsection (3) in relation to the application is refused by the applicant. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s11D
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 11D
title: Grant of approval for specified services
content:
11D. —(1) After considering any application under section 11C, the Director-General may, subject to subsection (4) — ( a ) on payment of an approval fee (if prescribed), grant the approval; or ( b ) refuse to grant the approval. (2) In determining whether an applicant should be granted an approval for the provision of a specified service, the Director-General is to have regard, and give such weight as the Director-General considers appropriate, to all of the following matters: ( a ) whether the applicant is and, where necessary, the following persons are suitable persons to provide or be involved (as the case may be) in providing the specified service to which the application relates: (i) any key appointment holder of the applicant; (ii) any person having a substantial interest in, or control of or direction over, the applicant’s business; (iii) any person having control of or direction over the applicant’s operations in relation to the provision of the specified service; ( b ) the likelihood of the applicant providing the specified service to which the application relates in compliance with — (i) the requirements of this Act and any code of practice relating to that specified service; (ii) any other written law applicable to the applicant relating to the provision of the specified service in a safe and proper manner; and (iii) the rules of any public scheme established by or under any written law — (A) relating to the provision of the specified service; and (B) under which the applicant is accredited or of which the applicant is a participant; ( c ) the applicant’s ability to provide the specified service to all of the applicant’s patients or customers in a manner that is clinically and ethically appropriate; ( d ) whether there is any other relevant matter that makes it contrary to the public interest to grant the approval. (3) In granting an approval under this section, the Director-General may impose conditions as the Director-General considers requisite or expedient having regard to the purposes of this Act. (4) An approval for the provision of a specified service must not be granted to any person who is not a licensee for the licensable healthcare service that the specified service is part of. (5) The Director-General must, upon granting an approval under this section, amend the licence concerned to state the specified service in respect of which the approval is granted. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s11E
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 11E
title: Validity of approvals under sections 11B and 11D
content:
11E. —(1) Every approval granted under section 11B or 11D in relation to a licence is to continue in force for such period as may be specified in the approval unless it — ( a ) is earlier cancelled or suspended under section 20(3A); ( b ) earlier lapses because the person to whom the approval was granted ceases to hold the licence; or ( c ) earlier lapses because the person to whom the approval was granted — (i) stops providing the licensable healthcare service at the approved permanent premises, using the approved conveyance or by the service delivery mode that was approved; or (ii) stops providing the approved specified service, and the Director-General has approved the person’s application under section 15(1)( a ) or ( b ) to amend the licence in relation to the permanent premises, conveyance, service delivery mode or specified service concerned, as the case may be. (2) An approval granted under section 11B or 11D cannot be transferred or assigned to another person. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s12
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 12
title: Form and validity of licence
content:
12. —(1) Every licence must — ( a ) state the licensable healthcare service that the licensee is authorised by the licence to provide; ( b ) state every approved permanent premises and approved conveyance, as the case may be; [Act 11 of 2023 wef 26/06/2023] ( ba ) state every service delivery mode by which the licensee is approved under section 11B to provide the licensable healthcare service; [Act 11 of 2023 wef 26/06/2023] ( bb ) state every approved specified service (if any); and [Act 11 of 2023 wef 26/06/2023] ( c ) be in the form that the Director-General may determine. [Act 11 of 2023 wef 01/05/2023] (2) Every licence granted or renewed under this Act continues in force for the period specified in the licence, unless it is earlier revoked or suspended under section 20, and may be renewed upon its expiry.


document_id: hsa-2020
provision_ref: s13
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 13
title: Licence conditions
content:
13. —(1) In granting a licence to any person or renewing any licence, the Director-General may impose any conditions that the Director-General considers requisite or expedient having regard to the purposes of this Act. [Act 11 of 2023 wef 01/05/2023] (2) The Director-General may impose — ( a ) conditions generally applicable to all licences; ( b ) conditions specially applicable to a particular licence; or ( c ) conditions applicable to a particular class of licensable healthcare service. [Act 11 of 2023 wef 01/05/2023] (3) Despite section 30(1)( b ) and without limiting subsection (1), the Director-General may impose a condition specifying that a licensee must not use, or allow any other person to use, the whole or any part of any approved permanent premises or approved conveyance — ( a ) to provide a service; or ( b ) to carry out an activity, that is not part of a licensable healthcare service, even though the provision of that service or carrying out of that activity is incidental to the provision of the licensable healthcare service. [Act 11 of 2023 wef 26/06/2023] (4) Without limiting subsection (1), the Director-General may grant a renewal of a licence with or without modifying the conditions of the licence, but section 14(2), (3) and (4) does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence. [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s14
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 14
title: Modifying conditions of licence
content:
14. —(1) Subject to this section, it is lawful for the Director-General to modify the conditions of a licence (except the condition mentioned in section 13(3)) without compensating the licensee concerned. [Act 11 of 2023 wef 01/05/2023] (2) Subject to subsection (5), the Director-General must, before modifying any condition of a licence, give notice to the licensee holding that licence — ( a ) stating that the Director-General proposes to make the modification in the manner specified in the notice; and ( b ) specifying the time (being not less than 14 days after the date the notice is served on the licensee) within which the licensee may make written representations to the Director-General with respect to the proposed modification. [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (3) Upon receiving any written representation mentioned in subsection (2), the Director-General must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification in any manner that the Director-General thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. [Act 11 of 2023 wef 01/05/2023] (4) Where — ( a ) the Director-General rejects any written representation under subsection (3)( a ); [Act 11 of 2023 wef 01/05/2023] ( b ) the Director-General amends any proposed modification to the conditions of the licence under subsection (3)( b ); or [Act 11 of 2023 wef 01/05/2023] ( c ) no written representation is received by the Director-General within the time specified in subsection (2)( b ), or any written representation made under that paragraph is subsequently withdrawn, and the licensee has not given immediate effect to the modification, [Act 11 of 2023 wef 01/05/2023] the Director-General must issue a written direction to the licensee concerned requiring the licensee, within the time specified by the Director-General, to give effect to the modification as specified in the notice under subsection (2) or as amended by the Director-General, as the case may be. [Act 11 of 2023 wef 01/05/2023] (5) Subsection (2) does not apply in relation to any modification of a licence condition that — ( a ) applies to one or more classes of licensees; and ( b ) is necessary to prevent or mitigate immediate or imminent harm to patient safety. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s15
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 15
title: Amendment of licence
content:
15. —(1) A licensee that intends to — ( a ) stop providing the licensable healthcare service to which the licence relates — (i) at any approved permanent premises; (ii) using any approved conveyance; or (iii) by any service delivery mode specified in the licence, except where the approved permanent premises, approved conveyance or service delivery mode (as the case may be) is the only approved mode for the provision of the licensable healthcare service; [Act 11 of 2023 wef 26/06/2023] ( b ) stop providing any approved specified service; or [Act 11 of 2023 wef 26/06/2023] ( c ) amend any other particulars or information (except conditions) specified in the licence, must apply to the Director-General to amend the licence. [Act 11 of 2023 wef 01/05/2023] (2) [ Deleted by Act 11 of 2023 wef 26/06/2023 ] (3) An application to amend a licence under subsection (1) must be — ( a ) in the form and manner that the Director-General requires; [Act 11 of 2023 wef 01/05/2023] ( b ) made — (i) no later than the prescribed time before the licensee stops providing the licensable healthcare service at the approved permanent premises, using the approved conveyance, or by the service delivery mode; (ii) no later than the prescribed time before the licensee stops providing the approved specified service; or (iii) before the amendment is to take effect, as the case may be; and [Act 11 of 2023 wef 26/06/2023] ( c ) accompanied by an application fee (if prescribed). (4) Different application fees may be prescribed in respect of different types of amendments to a licence. (5) In deciding whether an application under subsection (1) should be granted, the Director-General must have regard to, and give such weight as the Director-General considers appropriate to, the matters mentioned in section 11(3). [Act 11 of 2023 wef 01/05/2023] (6) The Director-General may, when granting approval for an application for an amendment of a licence, modify any of the conditions of the licence as the Director-General considers appropriate without compensating the licensee concerned, but section 14(2), (3) and (4) does not apply to or in relation to these modifications to the conditions of the licence. [Act 11 of 2023 wef 01/05/2023] (7) Upon approval of an application for an amendment of a licence, the Director-General must issue to the licensee a duly amended licence which replaces the original licence. [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s16
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 16
title: Restriction on transfer of licence
content:
16. —(1) A licence, and any rights, benefits or privileges under the licence, are not transferable or assignable to any other person unless — ( a ) the licence contains a condition authorising the transfer or assignment; and ( b ) the Director-General consents in writing to the transfer or assignment. [Act 11 of 2023 wef 01/05/2023] (2) Any consent under subsection (1) may be given subject to compliance with any conditions that the Director-General thinks fit to impose, which may include conditions modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence, but section 14(2), (3) and (4) does not apply to or in relation to these modifications to the conditions of the licence. [Act 11 of 2023 wef 01/05/2023] (3) A transfer or an assignment, or a purported transfer or assignment, of a licence, or of any rights, benefits or privileges under the licence, is void and of no effect — ( a ) if the licence is not capable of transfer or assignment; ( b ) if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the licence; or ( c ) if there has, before the transfer or assignment or purported transfer or assignment, been a contravention of a condition subject to compliance with which the consent required by subsection (1) is given.


document_id: hsa-2020
provision_ref: s17
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 17
title: Voluntary cessation of licensable healthcare service or surrender of licence
content:
17. —(1) A licensee must not, without giving the Director-General prior notice — ( a ) wholly and permanently stop, except upon the lapsing of a licence, providing any licensable healthcare service to which the licence relates; or [Act 11 of 2023 wef 26/06/2023] ( b ) for any reason surrender the licence. [Act 11 of 2023 wef 01/05/2023] (2) A notice under subsection (1) must be given to the Director-General not later than the prescribed time before either of the following dates: ( a ) the date on which the licensee is to wholly and permanently stop providing the licensable healthcare service to which the licence relates; [Act 11 of 2023 wef 26/06/2023] ( b ) the date on which the licensee intends the surrender of the licence to take place. [Act 11 of 2023 wef 01/05/2023] (3) No part of any licence fee, renewal fee or other fee may be refunded to the licensee upon the cessation of a licensable healthcare service or surrender of a licence under this section.


document_id: hsa-2020
provision_ref: s18
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 18
title: Lapse of licence
content:
18. —(1) Unless expired or earlier revoked under section 20, a licence lapses — ( a ) if the licensee is — (i) an individual — on the date the licensee dies; or (ii) a partnership or body corporate or an unincorporated association — on the date the partnership, body corporate or association ceases to exist; or [Act 11 of 2023 wef 26/06/2023] ( b ) on the date the last valid approval for any permanent premises, conveyance or other service delivery mode in respect of the licence is cancelled under section 20(3A). [Act 11 of 2023 wef 26/06/2023] (2) No part of any licence fee or other fee may be refunded to the licensee upon the lapse of a licence under this section.


document_id: hsa-2020
provision_ref: s19
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 19
title: Security deposit
content:
19. —(1) The Director-General may, upon granting a licence, require a licensee to give a performance bond, guarantee or other form of security on the terms and conditions and of the amount that the Director-General considers appropriate — ( a ) to ensure that the provisions of this Act and the conditions of the licence will be duly observed; and ( b ) to meet any financial penalty arising out of any proceedings under section 20 against the licensee. [Act 11 of 2023 wef 01/05/2023] (2) If a licensee fails to pay any financial penalty ordered under section 20, the Director-General may enforce the payment by forfeiting the whole or any part of any security deposit placed by the licensee under this section. [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s20
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 20
title: Regulatory action against licensees, etc.
content:
20. —(1) Subject to this section and section 21, the Director-General may, without compensation, take any regulatory action described in subsection (2) against a licensee if the Director-General is satisfied that — ( a ) the licence has been obtained by the licensee by fraud, or the licensee has, in connection with the application for the grant of the licence, made a statement or provided any information or document that is false, misleading or inaccurate in a material particular; ( b ) the licensee is contravening or not complying with, or has contravened or failed to comply with — (i) any condition of the licence; (ii) any duty of a licensee under section 23(2) or (3), 24 or 25; (iii) any other provision of this Act, the contravention of which is not an offence under this Act; (iv) any provision of a code of practice applicable to the licensee; (v) any direction issued to the licensee by the Director-General under this Act; or (vi) any requirement of the Director-General under section 19 or subsection (2)( b )(iii) to give a security deposit or a direction under this section to pay a financial penalty; ( c ) the licensee is no longer a suitable person to be granted a licence, having regard to the matters mentioned in section 2(3); ( d ) the licensee is, or is likely to be, declared a bankrupt or has gone, or is likely to go, into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( e ) the licensee has made any assignment to, or composition with, the licensee’s creditors or, if the licensee is a company, is unable to pay its debts; ( f ) the licensee, or any of the following individuals, is convicted of an offence under this Act committed during the term of the licence: (i) where the licensee is a company, limited liability partnership or other body corporate — any member of the board of directors or committee or board of trustees or other governing body, or the chief executive, any manager, secretary or other similar officer or any person who purported to act in any such capacity; (ii) where the licensee is a partnership — any partner of the partnership; ( g ) any premises at which the licensee provides, or any conveyance the licensee uses to provide, the licensable healthcare service to which the licence relates, or any part of those premises or that conveyance, or any facilities or equipment in those premises or that conveyance, is no longer safe or suitable for use in providing that licensable healthcare service; [Act 11 of 2023 wef 26/06/2023] ( h ) the licensee is unable to continue providing the licensable healthcare service to which the licence relates — (i) in a safe manner; or (ii) in a manner that is clinically and ethically appropriate; or ( i ) the public interest so requires. [Act 11 of 2023 wef 01/05/2023] (2) The regulatory action that the Director-General may take against a licensee in respect of a matter mentioned in subsection (1) is as follows: ( a ) with or without forfeiting any security deposit given by the licensee under this section or section 19, revoke a licence of that licensee; ( b ) in lieu of paragraph ( a ), all or any of the following: (i) censure the licensee in writing; (ii) modify any condition of the licence; (iii) require the licensee to give an additional security deposit in the form mentioned in section 19; (iv) forfeit the whole or part of any security deposit given by the licensee under this section and section 19 but not exceeding the limit in sub‑paragraph (viii); (v) direct the licensee to do, or refrain from doing, any thing specified in the direction, and within the period specified in the direction (if specified), to rectify a contravention or non‑compliance or prevent a recurrence of the contravention or non‑compliance; (vi) shorten (for not longer than prescribed) the term of the licence; (vii) suspend the licence for a period that the Director-General thinks fit; (viii) unless a financial penalty has been imposed under subsection (3A)( b )(v) in respect of the act or omission that is the subject of the matter mentioned in subsection (1), direct the licensee to pay, within a period specified, a financial penalty of the amount that the Director-General thinks fit, being — (A) not more than $10,000 for each contravention or non‑compliance mentioned in subsection (1)( b ) that is the subject; or (B) in any other case, not more than $10,000. [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (3) Subject to this section and section 21, the Director-General may, without compensation, take any regulatory action described in subsection (3A) against a licensee who is granted an approval for a specified service, permanent premises, conveyance or service delivery mode if the Director-General is satisfied that — ( a ) the licensee is contravening or not complying with, or has contravened or failed to comply with — (i) any condition of the approval; (ii) any other provision of this Act relating to the specified service, permanent premises, conveyance or service delivery mode, the contravention of which is not an offence under this Act; (iii) any provision of a code of practice applicable to the licensee in relation to the specified service, permanent premises, conveyance or service delivery mode; or (iv) any direction issued to the licensee by the Director-General under this Act in relation to the specified service, permanent premises, conveyance or service delivery mode; ( b ) in the case of an approval for a specified service — any premises at which the licensee provides, or any conveyance the licensee uses to provide, the specified service, or any part of those premises or that conveyance, or any facilities, process, protocol or equipment in those premises or that conveyance, is no longer safe or suitable for use in providing that specified service; or ( c ) in the case of an approval for permanent premises, a conveyance or a service delivery mode — any premises, conveyance, facilities, process, protocol or equipment used in connection with the permanent premises, conveyance or service delivery mode is no longer safe or suitable for the provision of the licensable healthcare service. [Act 11 of 2023 wef 26/06/2023] (3A) The regulatory action that the Director-General may take against a licensee in respect of a matter mentioned in subsection (3) is as follows: ( a ) cancel the approval for the specified service, permanent premises, conveyance or service delivery mode; ( b ) in lieu of paragraph ( a ), all or any of the following: (i) censure the licensee in writing; (ii) modify any condition of the approval; (iii) direct the licensee to do, or refrain from doing, any thing specified in the direction, and within the period specified in the direction (if specified), to rectify a contravention or non‑compliance or prevent a recurrence of the contravention or non‑compliance; (iv) suspend the approval for a period that the Director-General thinks fit; (v) unless a financial penalty has been imposed under subsection (2)( b )(viii) in respect of the act or omission that is the subject of the matter mentioned in subsection (3), direct the licensee to pay, within a period specified, a financial penalty of the amount that the Director-General thinks fit, being — (A) not more than $10,000 for each contravention or non‑compliance mentioned in subsection (3) that is the subject; or (B) in any other case, not more than $10,000. [Act 11 of 2023 wef 26/06/2023] (4) For the purposes of subsection (1)( e ), a company is unable to pay its debts if it is a company which is deemed to be so unable under any written law relating to the insolvency of companies. (5) In any proceedings under this section in relation to the conviction of any person for an offence, the Director-General must accept the person’s conviction as final. [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s21
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 21
title: Procedure for regulatory action against licensees, etc.
content:
21. —(1) Before exercising any power under section 20, the Director-General must give notice to the licensee concerned — ( a ) stating that the Director-General intends to take regulatory action against the licensee under section 20; [Act 11 of 2023 wef 01/05/2023] ( b ) specifying the type of regulatory action in section 20(2) or (3A) the Director-General proposes to take, and each instance of contravention or non-compliance that is the subject of the proposed action or the reason or reasons for the proposed regulatory action; and [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] ( c ) specifying the time (being not less than 14 days after the date the notice is served on the licensee) within which written representations may be made to the Director-General with respect to the proposed regulatory action. [Act 11 of 2023 wef 01/05/2023] (2) The Director-General may decide to take the appropriate regulatory action in section 20(2) or (3A) — ( a ) after considering any written representation made to the Director-General pursuant to the notice mentioned in subsection (1); or [Act 11 of 2023 wef 01/05/2023] ( b ) after the time specified in the notice under subsection (1)( c ), where no representation is so made or any written representation made is subsequently withdrawn. [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (3) However, subsection (2) does not apply where the licensee has died, is adjudged bankrupt, has been dissolved or wound up or has otherwise ceased to exist. (4) Where the Director-General decides under section 20(2) or (3A) to take regulatory action against a licensee, the Director-General must serve on the licensee a notice of the decision. [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (5) A decision by the Director-General under section 20(2) or (3A) takes effect only when the Director-General serves the notice in subsection (4) on the licensee concerned, or on a later date specified in the notice. [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (6) Any revocation, or shortening of the term, of any licence, or any direction issued under this section, does not affect — ( a ) the enforcement by any person of any right or claim against the licensee or former licensee, as the case may be; or ( b ) the enforcement by the licensee or former licensee (as the case may be) of any right or claim against any person. (7) Where any financial penalty is imposed on a licensee under section 20(2)( b )(viii) or (3A)( b )(v) for contravening or not complying with any matter in section 20(1)( b ) or (3)( a ), any security deposit given by the licensee under section 19 or 20(2)( b )(iii) to secure compliance by the licensee with the matter must not be forfeited by the Director-General for that contravention or non‑compliance except to the extent necessary to pay the financial penalty. [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (8) A licensee that fails to pay any amount of a financial penalty imposed under section 20(2)( b )(viii) or (3A)( b )(v) within the period specified for payment by the Director-General under that sub‑paragraph is liable to pay interest at the same rate as for a judgment debt on the unpaid amount. [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (9) If the financial penalty imposed under section 20(2)( b )(viii) or (3A)( b )(v) in relation to any regulatory action taken by the Director-General exceeds the total amount of the security deposit placed by the licensee under sections 19 and 20(2)( b )(iii), the amount of the excess is a debt due to the Government. [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (10) All financial penalties collected under section 20 must be paid into the Consolidated Fund.


document_id: hsa-2020
provision_ref: s22
chapter: PART 2 - LICENSING OF HEALTHCARE SERVICES
section: 22
title: Register of licensees
content:
22. The Director-General must cause to be kept and maintained a register of licensees in the form and manner and containing the information that the Director-General thinks fit. [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s23
chapter: PART 3 - SPECIAL DUTIES OF LICENSEES
section: 23
title: Key appointment holders
content:
23. —(1) Every licensee must ensure that — ( a ) every key appointment holder of the licensee is in the opinion of the Director-General a suitable person to act in that capacity in relation to the licensee; and [Act 11 of 2023 wef 01/05/2023] ( b ) the composition of the key appointment holders satisfies the skills and competencies requirements prescribed or as specified in any code of practice if not prescribed. (2) Where the Director-General is satisfied that a key appointment holder of a licensee — ( a ) is not a suitable person to act in that capacity in relation to the licensee; or ( b ) does not possess any of the skills or competencies in subsection (1)( b ), resulting in a contravention by the licensee of subsection (1)( b ), the Director-General may, without affecting the Director-General’s power under section 20, issue a direction to the licensee to remove, within the period that the direction may specify, that key appointment holder from his or her appointment, and the licensee must comply with the direction, despite any other written law. [Act 11 of 2023 wef 01/05/2023] (3) Every licensee must, within the prescribed period, notify the Director-General of — ( a ) the appointment of every key appointment holder of the licensee; and ( b ) any change in any key appointment holder of the licensee. [Act 11 of 2023 wef 01/05/2023] (4) A notification under subsection (3) must be made in the form and manner that the Director-General requires. [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s24
chapter: PART 3 - SPECIAL DUTIES OF LICENSEES
section: 24
title: Appointment of Principal Officer and Clinical Governance Officer by licensee
content:
24. —(1) Every licensee must appoint a suitably qualified individual as the licensee’s Principal Officer. (2) Subject to subsection (2B), every licensee that is — ( a ) authorised by a licence to provide a licensable healthcare service that is prescribed for the purposes of this section; or ( b ) granted approval to provide a specified service that is prescribed for the purposes of this section, must appoint one or more suitably qualified individuals as the licensee’s Clinical Governance Officer or Clinical Governance Officers to be responsible for the clinical and technical matters relating to the prescribed licensable healthcare service or prescribed specified service, as the case may be. [Act 11 of 2023 wef 26/06/2023] (2A) Every Clinical Governance Officer appointed under subsection (2) must perform such functions as may be prescribed in relation to the prescribed licensable healthcare service or prescribed specified service, as the case may be. [Act 11 of 2023 wef 26/06/2023] (2B) A licensee must not appoint an individual as a Clinical Governance Officer unless the Director-General has given prior written approval for the appointment of the individual. [Act 11 of 2023 wef 26/06/2023] (2C) The Director-General must not approve the appointment of an individual as a Clinical Governance Officer unless the Director-General is of the opinion that the individual is a suitable person. [Act 11 of 2023 wef 26/06/2023] (3) For the purposes of subsections (1) and (2), an individual is a suitably qualified individual if the individual — ( a ) is a suitable person to act as the licensee’s Principal Officer or Clinical Governance Officer, as the case may be; and ( b ) possesses the qualifications, skills and competencies that are prescribed for the performance of the functions and duties of the licensee’s Principal Officer or Clinical Governance Officer, as the case may be. [Act 11 of 2023 wef 26/06/2023] (4) For the purposes of subsection (3), different qualifications, skills and competencies may be prescribed in respect of different licensable healthcare services or different specified services. [Act 11 of 2023 wef 26/06/2023] (5) Every licensee must, within the prescribed period, notify the Director-General of the appointment in subsection (1), and any change in the appointment. [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (6) A notification of any change in an appointment under subsection (5) must be made in the form and manner that the Director-General requires. [Act 11 of 2023 wef 01/05/2023] (7) The licensee must ensure that — ( a ) the individual the licensee appoints as Principal Officer is suitably qualified to act as Principal Officer at all times during the term of the individual’s appointment and the term of the licensee’s licence; and ( b ) every individual the licensee appoints as Clinical Governance Officer is suitably qualified to act as Clinical Governance Officer at all times during the term of the individual’s appointment and the term of the licensee’s licence. (8) Where an individual appointed as the licensee’s Principal Officer or Clinical Governance Officer — ( a ) is not, or is no longer, suitable to act as Principal Officer or Clinical Governance Officer (as the case may be), the licensee must remove the individual from that individual’s appointment as Principal Officer or Clinical Governance Officer (as the case may be), and appoint another individual as Principal Officer or Clinical Governance Officer, as the case may be; or ( b ) for any other reason stops acting, or is unable to act, as Principal Officer or Clinical Governance Officer (as the case may be), the licensee must appoint another individual as Principal Officer or Clinical Governance Officer, as the case may be. (9) Where an individual appointed by a licensee as the licensee’s Principal Officer or Clinical Governance Officer fails to perform any function of a Principal Officer or Clinical Governance Officer (as the case may be), the Director-General may, without affecting the Director-General’s power under section 20, cancel the Director-General’s approval referred to in subsection (2B) and issue a direction to the licensee to remove and replace that individual as Principal Officer or Clinical Governance Officer (as the case may be), and the licensee must comply with that direction. [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (10) Different periods may be prescribed for the licensee — ( a ) to remove an individual from that individual’s appointment as Principal Officer or Clinical Governance Officer (as the case may be), and to appoint another individual as Principal Officer or Clinical Governance Officer, under subsection (8)( a ); and ( b ) to appoint an individual as Principal Officer or Clinical Governance Officer (as the case may be) under subsection (8)( b ) where the individual previously appointed as Principal Officer or Clinical Governance Officer (as the case may be) stops acting, or is unable to act, in that capacity for any reason.


document_id: hsa-2020
provision_ref: s25
chapter: PART 3 - SPECIAL DUTIES OF LICENSEES
section: 25
title: Appointment of specified committees
content:
25. —(1) This section applies only to a licensee of a prescribed category or description. (2) A section 25 licensee must appoint one or more specified committees as may be prescribed relating to — ( a ) the category or description of licensees to which the section 25 licensee belongs; ( b ) any licensable healthcare service that is provided by the section 25 licensee; or ( c ) any programme or activity undertaken or to be undertaken in relation to the provision of any licensable healthcare service by the section 25 licensee.


document_id: hsa-2020
provision_ref: s26
chapter: PART 3 - SPECIAL DUTIES OF LICENSEES
section: 26
title: Ethics review of certain medical treatment
content:
26. —(1) This section applies only in relation to the provision of medical treatment of a prescribed category or description (called in this Act a prescribed medical treatment). (2) A licensee that intends to provide the prescribed medical treatment must, before the prescribed medical treatment is provided to the individual — ( a ) where the licensee is a section 25 licensee — refer or cause to be referred the individual’s case to at least one of the licensee’s clinical ethics committees for an ethics review of the proposed prescribed medical treatment; or ( b ) where the licensee is not a section 25 licensee — refer or cause to be referred the individual’s case to any clinical ethics committee appointed by a section 25 licensee for an ethics review of the proposed prescribed medical treatment. (3) A licensee may provide the prescribed medical treatment to the individual only if every clinical ethics committee that conducted an ethics review of the prescribed medical treatment is satisfied that the prescribed medical treatment is ethically appropriate. (4) A person must not provide a prescribed medical treatment if — ( a ) the individual’s case has not been referred to a clinical ethics committee for an ethics review of the prescribed medical treatment under subsection (2); or ( b ) any clinical ethics committee to which the individual’s case is referred is not satisfied, following an ethics review under subsection (2), that the prescribed medical treatment is ethically appropriate. (5) A person (not being a licensee) that contravenes subsection (4) shall be guilty of an offence. (6) A licensee — ( a ) that fails to comply with subsection (2) or (3); or ( b ) that allows a person to provide, or fails to take reasonable steps to prevent the person from providing, a prescribed medical treatment contrary to subsection (4), shall be guilty of an offence. (7) A person that is guilty of an offence under subsection (5) or (6) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months 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: hsa-2020
provision_ref: s27
chapter: PART 3 - SPECIAL DUTIES OF LICENSEES
section: 27
title: Record-keeping on healthcare service
content:
27. —(1) A licensee must keep and maintain records, for the prescribed period and in the prescribed manner, where the records are relevant to the monitoring or evaluation of any aspect of any licensable healthcare service or the provision of any licensable healthcare service. (2) A licensee must — ( a ) implement any prescribed safeguards to protect all records mentioned in subsection (1), and any computer system used to keep and maintain those records, against — (i) accidental or unlawful loss, modification or destruction; and (ii) unauthorised access, disclosure, copying, use or modification; ( b ) monitor and periodically evaluate the safeguards in paragraph ( a ) to ensure that — (i) the safeguards are effective; and (ii) all individuals employed or authorised by the licensee who access or handle any record mentioned in subsection (1) comply with the safeguards; and ( c ) take all appropriate steps to ensure that each individual employed or authorised by the licensee who accesses or handles any record mentioned in subsection (1) is aware of — (i) the safeguards mentioned in paragraph ( a ); and (ii) the individual’s role and responsibility in maintaining the confidentiality, integrity and availability of the records. (3) A licensee must take reasonable care in the disposal or destruction of any record mentioned in subsection (1) so as to prevent unauthorised access to, or unauthorised disclosure or reproduction of, the record or any information in that record. (4) A licensee must not, in purported compliance with a requirement under subsection (1), make a record of any matter or thing in such a way that the matter or thing is not recorded accurately or completely or the record is not up to date. (5) A licensee that contravenes any requirement under this section 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 12 months or to both. Approval of employment of individuals by certain licensees 28. —(1) A licensee that provides a licensable healthcare service that is prescribed for the purposes of this section (called in this section a section 28 licensee) — ( a ) except with the Director’s prior written approval, must not employ any individual who has been convicted of any prescribed offence (called in this section a restricted individual); ( b ) must obtain the prescribed information, in the prescribed form and manner, from every individual — (i) that the section 28 licensee employs; or (ii) who seeks employment with the section 28 licensee; ( c ) must maintain records of the information mentioned in paragraph ( b ) in accordance with this section; and ( d ) must provide to the Director any information that the Director may require in respect of — (i) any individual that the section 28 licensee employs or has employed; or (ii) any individual who seeks or has sought employment with the section 28 licensee. (2) In deciding whether an approval under subsection (1)( a ) should be granted, the Director must have regard, and give such weight as the Director considers appropriate, to all the following matters: ( a ) the nature of the duties and responsibilities that the restricted individual will be deployed or required to perform or undertake by the section 28 licensee; ( b ) the nature and circumstances of the offence or offences of which the restricted individual was convicted; ( c ) the likelihood that the restricted individual will re‑offend or commit offences of the same or similar nature as the offence or offences mentioned in paragraph ( b ). (3) To avoid doubt, the Director is not confined to consideration of the matters in subsection (2) and may take into account any other matters and evidence that may be relevant. (4) For the purposes of subsection (1)( c ), a section 28 licensee must maintain the records of the information mentioned in subsection (1)( b ) — ( a ) throughout the duration of the individual’s employment with the section 28 licensee; and ( b ) for a period of 2 years following the cessation or termination for any reason of the individual’s employment with the section 28 licensee. (5) A section 28 licensee that fails to comply with subsection (1)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months 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: hsa-2020
provision_ref: s29
chapter: PART 3 - SPECIAL DUTIES OF LICENSEES
section: 29
title: Use of term or name
content:
29. —(1) Subject to subsection (2), a licensee — ( a ) must not use any term or name, or any abbreviation or derivative of that term or name, in any language, that incorrectly describes a licensable healthcare service that the licensee is authorised to provide under the licensee’s licence; and ( b ) must not use the term “Singapore” or “National”, or any abbreviation or derivative of those terms, in any language, in the licensee’s name or logo except with the Director-General’s approval. [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (2) A licensee must not use any term or name, or any abbreviation or derivative of that term or name, in any language, that misleads or causes confusion, or is likely to mislead or cause confusion, as to the licensable healthcare service provided by the licensee. (2A) A licensee must not use any term or name, or any abbreviation or derivative of that term or name, in any language, that is associated with a defined speciality, in the licensee’s name or logo unless the licensee employs or engages a relevant specialist to practise that defined speciality in the licensee’s provision of the licensable healthcare service. [Act 11 of 2023 wef 26/06/2023] (3) A person that is not a licensee commits an offence if the person uses any prescribed term or name, or any abbreviation or derivative of that prescribed term or name, in any language, to convey the impression that the person provides any service, or engages in any activity, that is the same or similar to a service or an activity which may be provided only by a person authorised to provide a licensable healthcare service under a licence granted under this Act. (4) A person that is guilty of an offence under subsection (3) 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 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. (5) In this section — “defined speciality” means — ( a ) a branch of dentistry that the Dental Specialists Accreditation Board has defined under section 42(1)( b ) of the Dental Registration Act 1999 as a specialty in dentistry for the purposes of registration in the Register of Specialists; or ( b ) a branch of medicine that the Specialists Accreditation Board has defined under section 35(1)( b ) of the Medical Registration Act 1997 as a specialty or sub-specialty in medicine for the purposes of registration in the Register of Specialists; “relevant specialist” — ( a ) for a branch of dentistry, means a dentist who is registered under section 14C of the Dental Registration Act 1999 as a specialist in that branch of dentistry; and ( b ) for a branch of medicine, means a medical practitioner who is registered under section 22 of the Medical Registration Act 1997 as a specialist in that branch of medicine. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s30
chapter: PART 3 - SPECIAL DUTIES OF LICENSEES
section: 30
title: Use of approved permanent premises or approved conveyance for other purposes
content:
30. —(1) Subject to subsection (3), a licensee must not use, or allow any other person to use, the whole or any part of any approved permanent premises or approved conveyance for any purpose other than — ( a ) the provision of a licensable healthcare service which the licensee is authorised to provide under the licence; ( b ) the provision of any service, or carrying out of any activity, that is incidental to the provision of the licensable healthcare service in paragraph ( a ); or ( c ) the provision of any healthcare service which is not licensable and is prescribed, subject to any conditions prescribed. [Act 11 of 2023 wef 26/06/2023] (2) The Director-General may, subject to any conditions that the Director-General may impose, permit a licensee to use, or allow any other person to use, any part (but not the whole) of any approved permanent premises or approved conveyance for any purpose that is not mentioned in subsection (1). [Act 11 of 2023 wef 01/05/2023] [Act 11 of 2023 wef 26/06/2023] (3) Except where provided in subsections (1)( b ) and ( c ) and (2), a person that is not a licensee must not use the whole or any part of any approved permanent premises or approved conveyance for any purpose. [Act 11 of 2023 wef 26/06/2023] (4) A licensee that contravenes subsection (1), or fails to comply with any condition under subsection (2), shall be guilty of an offence. (5) Any person (not being a licensee) that contravenes subsection (3), or fails to comply with any condition under subsection (1)( c ) or (2), shall be guilty of an offence. (6) A person that is guilty of an offence under subsection (4) or (5) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months 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. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s31
chapter: PART 3A - ADVERTISEMENT OF HEALTHCARE SERVICES
section: 31
title: Advertisement of licensable healthcare services
content:
31. —(1) A person must not advertise, or cause to be advertised, a licensable healthcare service unless the person — ( a ) is a licensee authorised to provide that licensable healthcare service; or ( b ) is acting on the authority of the licensee mentioned in paragraph ( a ) in advertising the licensable healthcare service or causing the licensable healthcare service to be advertised. (2) For every advertisement of a licensable healthcare service by or caused by a licensee or a person mentioned in subsection (1)( b ), the licensee and that person (if applicable) must ensure that the advertisement complies and is published in accordance with all prescribed requirements relating to the medium the advertisement appears in, and the content and form of the advertisement. (3) A person that fails to comply with subsection (1) or (2) 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 12 months 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: hsa-2020
provision_ref: s31A
chapter: PART 3A - ADVERTISEMENT OF HEALTHCARE SERVICES
section: 31A
title: Advertisement of non-licensable healthcare services
content:
31A. —(1) Subject to subsection (2), a person (called in this section the advertiser) must not advertise, or cause to be advertised, any skill or service relating to the treatment of any ailment, disease, injury, infirmity or condition affecting the human body so as to induce any person to seek the advice of or treatment from the advertiser or any person referred to in the advertisement in connection with that skill or service. (2) Subsection (1) does not apply in relation to the advertisement of a licensable healthcare service provided by a licensee, where the advertisement is published by the licensee or a person acting on the authority of the licensee. (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) 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. (4) In any proceedings for an offence under subsection (3), it is a defence for the person charged to prove, on a balance of probabilities, that the advertisement was published only in a publication of a technical character intended for circulation mainly among persons of the following classes, or of one or more of them: ( a ) medical practitioners; ( b ) dentists; ( c ) nurses or midwives who are registered, or enrolled nurses who are enrolled, under the Nurses and Midwives Act 1999; ( d ) pharmacists who are registered under the Pharmacists Registration Act 2007; ( e ) holders of licences to sell poisons set out in the Schedule to the Poisons Act 1938; ( f ) persons undergoing training with a view to becoming any of the persons mentioned in paragraph ( a ), ( b ), ( c ) or ( d ). (5) Where, in any proceedings for an offence under subsection (3), it is proved that an advertisement was referring to any skill of or service provided by the person charged, then, unless the contrary is proved, it is to be presumed for the purpose of those proceedings that the person charged had advertised or caused the advertisement of the skill or service, but without prejudice to the liability of any other person. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s31B
chapter: PART 3A - ADVERTISEMENT OF HEALTHCARE SERVICES
section: 31B
title: Restrictions on use of protected title
content:
31B. —(1) A person who advertises, or causes to be advertised a healthcare service and in the advertisement refers to any person who is not a specified person (called in this section the subject person) by a protected title must include in the advertisement — ( a ) the subject person’s educational qualification in relation to the use of the protected title whenever the protected title is used in the advertisement; ( b ) where the subject person’s educational qualification mentioned in paragraph ( a ) is not a medical or dental qualification — a disclaimer stating that fact; and ( c ) where the subject person has a medical or dental qualification — a disclaimer stating that the subject person does not hold a valid practising certificate under the Medical Registration Act 1997 or the Dental Registration Act 1999, as the case may be. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) 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. (3) In this section — “advertisement” includes any notice, circular, pamphlet, label, wrapper or other document, any announcement made orally or by any means of producing or transmitting light or sound and any other form of advertising; “medical or dental qualification” means any degree, diploma or other qualification that is recognised or approved in any jurisdiction to enable or entitle the holder of the degree, diploma or qualification to practise as a medical practitioner or dentist (as the case may be) in that jurisdiction; “protected title” means the title “Doctor”, or any abbreviation or derivative of that title, in any language; “specified person” means an individual who is — ( a ) an allied health professional who is registered under the Allied Health Professions Act 2011 and holds a valid practising certificate under that Act; ( b ) a dentist or an oral health therapist who is registered under the Dental Registration Act 1999 and holds a valid practising certificate under that Act; ( c ) a medical practitioner who is registered under the Medical Registration Act 1997 and holds a valid practising certificate under that Act; ( d ) a nurse or midwife who is registered, or an enrolled nurse who is enrolled, under the Nurses and Midwives Act 1999 and holds a valid practising certificate under that Act; ( e ) an optometrist or optician who is registered under the Optometrists and Opticians Act 2007 and holds a valid practising certificate under that Act; ( f ) a pharmacist who is registered under the Pharmacists Registration Act 2007 and holds a valid practising certificate under that Act; or ( g ) a traditional Chinese medicine practitioner who is registered under the Traditional Chinese Medicine Practitioners Act 2000 and holds a valid practising certificate under that Act. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s31C
chapter: PART 3A - ADVERTISEMENT OF HEALTHCARE SERVICES
section: 31C
title: Directions to rectify or withdraw advertisement
content:
31C. —(1) Where a person has contravened section 31A(1) or 31B(1) (whether or not an offence under section 31A(3) or 31B(2) is committed by the person), the Director-General may direct the person to rectify or withdraw the advertisement that does not comply with the requirements of section 31A(1) or 31B(1) (as the case may be), within the period specified in the direction. (2) A person who, without reasonable excuse, refuses or fails to comply with the Director-General’s direction under subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) 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. [Act 11 of 2023 wef 26/06/2023]


document_id: hsa-2020
provision_ref: s32
chapter: PART 4 - STEP-IN ARRANGEMENTS
section: 32
title: Application of this Part
content:
32. This Part applies only in relation to a licensee of a prescribed category or description (called in this Part a designated licensee).


document_id: hsa-2020
provision_ref: s33
chapter: PART 4 - STEP-IN ARRANGEMENTS
section: 33
title: Step-in order
content:
33. —(1) The Minister may make an order under this section (called a step‑in order) if — ( a ) one or more licences of a designated licensee are suspended, revoked or surrendered; ( b ) a designated licensee — (i) is, or is likely to be, declared a bankrupt; (ii) has gone, or is likely to go, into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or (iii) is, or is likely to be, placed under judicial management of a judicial manager under any written law relating to the insolvency of companies; ( c ) a designated licensee is contravening or not complying with any provision of this Act; ( d ) a designated licensee is carrying on its operations in a manner that is detrimental, or is likely to be detrimental, to the interests of the designated licensee’s patients or customers; or ( e ) the Minister considers it in the public interest to do so, and on receipt of the written opinion of the Director-General that it is necessary to take over some or all of the operations of the designated licensee to ensure that the designated licensee’s patients or customers receive the appropriate healthcare services or an adequate provision of healthcare services. [Act 11 of 2023 wef 26/06/2023] (2) Before a step‑in order is made under subsection (1), but subject to subsection (3), the Minister must give the designated licensee concerned a reasonable opportunity to make written representations in respect of the proposed step‑in order. (3) Where the Minister is of the opinion that it is necessary to make a step‑in order on an expedited basis (called in this Part an expedited step‑in order) in order to protect the safety and health of the designated licensee’s patients or customers, the Minister may make an expedited step‑in order, which takes effect on the date the order is served on the designated licensee. (4) A step‑in order or an expedited step‑in order — ( a ) may order the designated licensee — (i) to revoke the appointment of the designated licensee’s Principal Officer or Clinical Governance Officer, and appoint another individual as the designated licensee’s Principal Officer or Clinical Governance Officer (as the case may be) for the period specified in that order; (ii) to revoke the appointment of all or any of the designated licensee’s key appointment holders, and appoint another individual or other individuals as the designated licensee’s key appointment holder or holders for the period specified in that order; (iii) to transfer the designated licensee’s patients or customers to the care or treatment of another licensee for the period specified in that order; (iv) to appoint another licensee to provide a licensable healthcare service provided by the designated licensee for the period specified in that order; and (v) to appoint a person to advise the designated licensee in the proper conduct of the designated licensee’s business and operations; ( b ) may authorise the Director-General — (i) to directly take over, or appoint a step‑in operator to take over, the operations of the designated licensee or a specified part of those operations; and (ii) to do any thing mentioned in paragraph ( a ); [Act 11 of 2023 wef 26/06/2023] ( c ) may specify that — (i) the step‑in operator has the functions and powers in relation to the operations of the designated licensee that are specified in the order; (ii) the designated licensee is to stop providing healthcare services to specified patients or customers on and from a specified date; (iii) the step‑in operator must have access to, and take control or management of, the premises or other assets and other property (including intellectual property), licences and employees used or required by the designated licensee for the purpose of carrying on the operations specified in the order; and (iv) the Director-General must have access to, and be able to make copies of or take extracts from, any document or record in the possession or under the control of the designated licensee that is relevant to the order; [Act 11 of 2023 wef 26/06/2023] ( d ) where an order mentioned in paragraph ( a )(iii) or (iv) is made, may specify, in addition to any matter that may be specified under paragraph ( c ), that — (i) the designated licensee must notify the Director-General of the identity of the other licensee mentioned in paragraph ( a )(iii) or (iv); and [Act 11 of 2023 wef 26/06/2023] (ii) the other licensee must have access to, and be able to make copies of or take extracts from, any document or record in the possession or under the control of the designated licensee for the purpose of the order; and ( e ) may contain ancillary directions that may — (i) contain directions about how the costs of, and revenue generated from, providing the healthcare services are to be dealt with; (ii) fix the remuneration and expenses to be paid by the designated licensee concerned to any person appointed under paragraph ( a )(v) to advise the designated licensee in the proper conduct of the designated licensee’s business and operations; (iii) specify the period for which the step‑in order or expedited step‑in order applies; and (iv) specify any other conditions that may apply. (5) Any decision of the Minister under subsection (1) or (3) is final. (6) A step‑in order or an expedited step‑in order operates to the exclusion of rights that are inconsistent with the step‑in order or expedited step‑in order, as the case may be. (7) Subject to subsections (8) and (9), the designated licensee mentioned in the step-in order or expedited step-in order, as the case may be — ( a ) must facilitate the handover of the operations to the step‑in operator as specified in the step‑in order or expedited step‑in order, as the case may be; ( b ) must not obstruct the step‑in operator’s access to the property of the designated licensee or the exercise by the step‑in operator of the step‑in operator’s responsibilities under this section; and ( c ) must comply with reasonable directions given by the step‑in operator in the exercise of the step‑in operator’s responsibilities under this section. (8) Where a step‑in order or an expedited step‑in order mentioned in subsection (4)( a )(iii) is made, the designated licensee must facilitate the transfer of the designated licensee’s patients or customers to the other licensee mentioned in subsection (4)( a )(iii). (9) Where a step‑in order or an expedited step‑in order mentioned in subsection (4)( a )(iv) is made, the designated licensee — ( a ) must facilitate the provision of the licensable healthcare service by the other licensee mentioned in subsection (4)( a )(iv); and ( b ) must not obstruct that other licensee’s access to and use of the property of the designated licensee for the purpose of the provision of the licensable healthcare service. (10) A designated licensee that fails to comply with subsection (7), (8) or (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months 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: hsa-2020
provision_ref: s34
chapter: PART 4 - STEP-IN ARRANGEMENTS
section: 34
title: Duration of step-in order or expedited step-in order
content:
34. —(1) The Minister may revoke a step‑in order or an expedited step-in order at any time. (2) The appointment of a step‑in operator in relation to the operations of a designated licensee or a specified part of those operations may be revoked by the Minister at any time — ( a ) if the Minister is satisfied that — (i) the reasons for the appointment have ceased to exist; or (ii) it is no longer necessary for the protection of the designated licensee’s patients or customers; or ( b ) on any other ground, and upon the revocation, the step‑in operator ceases to be in control of those operations or that specified part of those operations.


document_id: hsa-2020
provision_ref: s35
chapter: PART 4 - STEP-IN ARRANGEMENTS
section: 35
title: Rules and saving for step-in arrangements
content:
35. —(1) The Minister may make rules to give effect to this Part, including making provision for applying, omitting or modifying provisions of any written law relating to the insolvency of companies (if applicable) where a step‑in order or an expedited step‑in order is made. (2) Nothing effected or to be effected by, or done under, this Part — ( a ) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; ( b ) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; ( c ) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of, or to terminate, any agreement or obligation; ( d ) is to be regarded as giving rise to any remedy for a party to any contract or instrument, or as causing or permitting the termination of any contract or instrument, because of a change in the beneficial or legal ownership of any designated property; ( e ) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable, or as frustrating any contract; or ( f ) releases any surety or other obligor wholly or in part from any obligation.


document_id: hsa-2020
provision_ref: s36
chapter: PART 5 - ENFORCEMENT AND
section: 36
title: Power to obtain information
content:
36. —(1) The Director-General or an authorised officer may by notice require any licensee to provide, within a reasonable period or at the time or frequency, and in the form and manner, specified in the notice, all documents and information which — ( a ) relate to any matter which the Director-General considers necessary to carry out the Director-General’s functions or duties under this Act; and [Act 11 of 2023 wef 01/05/2023] ( b ) are — (i) within the knowledge of that licensee; or (ii) in the licensee’s custody or under the licensee’s control. [Act 11 of 2023 wef 01/05/2023] (2) The power to require a licensee to provide any document or information under subsection (1) includes the power — ( a ) to require that licensee, or any individual who is or was an officer or employee of the licensee, to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that licensee or individual to state, to the best of the licensee’s or individual’s knowledge and belief, where it is and how it may be obtained; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Director-General in legible form. [Act 11 of 2023 wef 01/05/2023] (3) A person that, without reasonable excuse, fails to do anything required of the person by notice under 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) A person — ( a ) that intentionally alters, suppresses or destroys any document or information which the person is, has been or may be required by a notice under subsection (1) to provide; or ( b ) that, in providing any document or information required under subsection (1), makes any statement which the person knows to be false or misleading in a material particular or recklessly makes such a statement, 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. (5) For the purposes of subsection (3), it is a reasonable excuse for a person to refuse or fail to provide any document or information which the person is required by a notice under subsection (1) to provide if doing so might tend to incriminate that person. (6) The Director-General is entitled without payment to keep any document or information provided to the Director-General under subsection (1). [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s37
chapter: PART 5 - ENFORCEMENT AND
section: 37
title: Publication of information
content:
37. —(1) The Director-General may publish, or cause to be published, in a form and manner determined by the Director-General, any information which the Director-General or an authorised officer has acquired or generated in the course of the Director-General or authorised officer exercising the functions, performing the duties or generally administering or enforcing this Act as the Director-General considers necessary or expedient to publish in the public interest. [Act 11 of 2023 wef 01/05/2023] (2) Without limiting subsection (1), the Director-General may publish information relating to — ( a ) the lapsing, shortening, suspension or revocation of a licence or an exemption granted to any person; ( b ) the making of a step‑in order or an expedited step‑in order against a designated licensee; ( c ) the making of a direction under this Act against any person; ( d ) the censure of any person; ( e ) the removal of and replacement of any key appointment holder, Principal Officer or Clinical Governance Officer of a licensee; ( f ) the acceptance by any person of an offer to compound any offence under this Act; and ( g ) the conviction of any person for any offence under this Act. [Act 11 of 2023 wef 01/05/2023] (3) This section does not override any restriction on the disclosure of any information under this Act.


document_id: hsa-2020
provision_ref: s38
chapter: PART 5 - ENFORCEMENT AND
section: 38
title: Codes of practice
content:
38. —(1) The Director-General may — ( a ) issue one or more codes of practice applicable to all licensees or the licensees providing specified licensable healthcare services; ( b ) approve as a code of practice applicable to all licensees or the licensees providing specified licensable healthcare services any document prepared by a person other than the Director-General if the Director-General considers the document suitable for this purpose; or [Act 11 of 2023 wef 01/05/2023] ( c ) amend or revoke any code of practice issued under paragraph ( a ) or approved under paragraph ( b ), with respect to all or any of the matters in subsection (2). [Act 11 of 2023 wef 01/05/2023] (2) The matters for the purposes of subsection (1) are — ( a ) the conduct of licensees; ( b ) the measures necessary for licensees to deal with any plague, epidemic, outbreak, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency; ( c ) the clinical and ethical aspects of licensable healthcare services; ( d ) the appropriateness of care in relation to the provision of licensable healthcare services; ( e ) the management and operations of licensees, the provision of licensable healthcare services, the quality of licensable healthcare services and the management and care of patients and customers; ( f ) the maintenance or operation of any facilities and equipment used in relation to the provision of licensable healthcare services; and ( g ) the health, security and safety of persons who are engaged in any work relating to the provision of licensable healthcare services. (3) A code of practice may, in particular, specify the duties and obligations of any licensee in relation to the licensee’s business operation insofar as it relates to the provision of licensable healthcare services in Singapore. (4) If any provision in any code of practice is inconsistent with any provision of this Act, that provision, to the extent of the inconsistency — ( a ) is to have effect subject to this Act; or ( b ) having regard to this Act, is not to have effect. (5) Where any code of practice is issued, approved, amended or revoked by the Director-General under subsection (1), the Director-General must — ( a ) publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice to every licensee to whom the code of practice applies; ( b ) specify in the notice in paragraph ( a ) the date of issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the code of practice remains in force, copies of that code of practice are made available (including on a website designated by the Director-General for this purpose), free of charge, to the licensees to whom the code of practice applies. [Act 11 of 2023 wef 01/05/2023] (6) Until the notice in subsection (5) is published in accordance with that subsection — ( a ) no code of practice, and no amendment to any code of practice issued or approved under this section, has any force or effect as an approved code of practice; and ( b ) no revocation of any code of practice issued or approved under this section has any force or effect. (7) A code of practice issued or approved under this section does not have legislative effect. (8) Subject to subsection (9), every licensee must comply with the relevant codes of practice applicable to the licensee. (9) The Director-General may, either generally or for any period that the Director-General may specify, waive the application of any code of practice, or any part of the code of practice, issued or approved under this section to any licensee. [Act 11 of 2023 wef 01/05/2023] (10) Any contravention or failure by a person to comply with a code of practice that applies to the person — ( a ) does not of itself render the person liable to criminal proceedings; but ( b ) in any proceedings (criminal or otherwise under this Act), may be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings.


document_id: hsa-2020
provision_ref: s39
chapter: PART 5 - ENFORCEMENT AND
section: 39
title: Directions concerning health, safety or welfare of individuals, etc.
content:
39. —(1) The Director-General may give a direction to a licensee if the Director-General has reasonable grounds to believe that — ( a ) there are circumstances that may endanger, or are likely to endanger, the health, safety or welfare of — (i) individuals affected by the provision of a licensable healthcare service by the licensee; or (ii) the general public in connection with the provision of a licensable healthcare service by the licensee; or ( b ) the licensable healthcare service is being, or is likely to be, provided in a manner contrary to the rules of professional conduct and ethics applicable to any individual engaged in providing that service. [Act 11 of 2023 wef 01/05/2023] (2) A direction given under subsection (1) — ( a ) may require the licensee to do, or refrain from doing, any thing or things of any description that the direction may specify; and ( b ) may be varied or revoked at any time by the Director-General. [Act 11 of 2023 wef 01/05/2023] (3) To avoid doubt — ( a ) a direction under subsection (1)( a ) may require the licensee to stop the provision of a licensable healthcare service until the Director-General is satisfied that the circumstances in subsection (1)( a ) no longer exist; and [Act 11 of 2023 wef 01/05/2023] ( b ) a direction under subsection (1)( b ) may require the licensee to stop the provision of a licensable healthcare service until the Director-General is satisfied that the licensee has ceased to, and will not, provide that service in the manner mentioned in subsection (1)( b ). [Act 11 of 2023 wef 01/05/2023] (4) Before giving a direction under subsection (1) to a licensee, the Director-General must, unless the Director-General in respect of that direction considers that it is not practicable or desirable, give notice to the licensee — ( a ) stating that the Director-General intends to give a direction to the licensee under this section and the nature of the direction; and [Act 11 of 2023 wef 01/05/2023] ( b ) specifying the time (being not less than 14 days after the date the notice is served on the licensee) within which written representations may be made to the Director-General with respect to the proposed direction. [Act 11 of 2023 wef 01/05/2023] (5) The Director-General may give or not give the direction — ( a ) after considering any written representation made to the Director-General pursuant to the notice in subsection (4); or [Act 11 of 2023 wef 01/05/2023] ( b ) after the time specified in the notice under subsection (4)( b ), where no representation is so made or any written representation made is subsequently withdrawn. [Act 11 of 2023 wef 01/05/2023] (6) The Director-General must serve on the licensee concerned a notice of the Director-General’s decision under subsection (5). [Act 11 of 2023 wef 01/05/2023] (7) A direction given under subsection (1) takes effect from the date on which the notice under subsection (6) is given, or on such other date as the notice may specify. (8) Every licensee must comply with every direction given under this section to the licensee as soon as it takes effect. (9) A licensee that fails to comply with any direction given to that licensee under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months 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: hsa-2020
provision_ref: s40
chapter: PART 5 - ENFORCEMENT AND
section: 40
title: Directions relating to quality assurance committees, etc.
content:
40. —(1) The Director-General may give a direction to a section 25 licensee to do anything required in this section, within the time and in the manner that the direction may specify. [Act 11 of 2023 wef 01/05/2023] (2) A direction given under subsection (1) may relate to a quality assurance committee appointed by a section 25 licensee, and require the section 25 licensee to do any of the following: ( a ) to require the quality assurance committee to conduct a further evaluation of any prescribed adverse event identified by that committee; ( b ) to take any steps and implement any measures that the direction may specify, and report to the Director-General on the steps taken or measures implemented so as to — (i) prevent the occurrence or recurrence of any prescribed adverse event; or (ii) implement any recommendation of the quality assurance committee to improve the quality of the licensable healthcare service provided by the section 25 licensee. [Act 11 of 2023 wef 01/05/2023] (3) A direction given under subsection (1) may relate to a service review committee appointed by a section 25 licensee, and require the licensee — ( a ) to require the service review committee to conduct a further evaluation of any trend or pattern of events identified by that committee in connection with the section 25 licensee’s provision of a licensable healthcare service, or undertaking of a programme in relation to the provision of a licensable healthcare service, that does not comply with any prescribed service requirements or code of practice applicable to that licensable healthcare service or programme, as the case may be; or ( b ) to take any steps and implement any measures that the direction may specify, and to report to the Director-General on the steps taken or measures implemented so as to — (i) prevent the occurrence or recurrence of any event that does not comply with any prescribed service requirements or code of practice applicable to any licensable healthcare service or programme (as the case may be) that the service review committee is appointed for; or (ii) ensure that the section 25 licensee complies with the prescribed service requirements or code of practice mentioned in sub‑paragraph (i). [Act 11 of 2023 wef 01/05/2023] (4) A direction given under subsection (1) may relate to a clinical ethics committee appointed by a section 25 licensee, and require the licensee to require that committee to conduct a further ethics review of — ( a ) any proposed prescribed medical treatment mentioned in section 26 for an individual; or ( b ) any other clinical case for which an ethics review is requested by the Director-General, the section 25 licensee or the medical practitioner in charge of that clinical case. [Act 11 of 2023 wef 01/05/2023] (5) A direction mentioned in subsection (2)( b )(ii) or (3)( b )(ii) may require the section 25 licensee — ( a ) to change any of the section 25 licensee’s procedures or practices in the provision of the licensable healthcare service; or ( b ) to remove an individual from that individual’s appointment as the section 25 licensee’s Principal Officer or Clinical Governance Officer (as the case may be), and appoint another individual as Principal Officer or Clinical Governance Officer, as the case may be. (6) Where the Director-General has reasonable grounds to believe that a quality assurance committee, service review committee or clinical ethics committee appointed by a section 25 licensee is not performing any function or discharging any duty under this Act in a proper or satisfactory manner, the Director-General may direct the section 25 licensee — ( a ) to remove or replace any member of that committee; ( b ) to appoint one or more additional members to that committee; or ( c ) to dissolve that committee and appoint another such committee in its place. [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s41
chapter: PART 5 - ENFORCEMENT AND
section: 41
title: Powers of entry, inspection and search, etc.
content:
41. —(1) The Director-General or an authorised officer may, at any time and without notice and without warrant, enter, inspect and search any premises or conveyance, and the facilities in the premises or conveyance, that are being used, or that the Director-General or authorised officer has reasonable cause to believe are being used, to provide any healthcare service or to store any information relating to the provision of any healthcare service, for the purpose of — ( a ) investigating an offence under this Act or a contravention of or non‑compliance with a provision under this Act; ( b ) investigating whether any condition or restriction imposed on a licence or an approval is being complied with; or ( c ) assessing whether the practices and procedures of a licensee are in compliance with this Act or an applicable code of practice. [Act 11 of 2023 wef 01/05/2023] (2) For the purposes of subsection (1), the Director-General or authorised officer may — ( a ) inspect and make copies of or take extracts from, or require the occupier or any person having the management or control of the premises or conveyance to provide copies of or extracts from, any book, document, record or electronic material; ( b ) inspect and make copies of or take extracts from, or require the occupier or any person having the management or control of the premises or conveyance to provide copies of or extracts from, any medical record of any individual — (i) who has been or is being treated or examined at the premises or conveyance; or (ii) to whom a licensee has provided or is providing a licensable healthcare service, even though the prior consent of that individual has not been obtained; ( c ) inspect, test, examine, remove and detain any apparatus, appliance, equipment or instrument used or found in the premises or conveyance; ( d ) inspect any test or procedure relating to any provision of a healthcare service that has been or is being conducted in the premises or conveyance, and inspect, test, examine, remove and detain any article used for or in connection with the test or procedure; ( e ) inspect, test, examine, remove and detain any blood sample, blood product, human tissue or fluid, any product of the human body, dialysate, chemical, pharmaceutical or any other substance found in the premises or conveyance; and ( f ) inspect, test, examine, remove and detain any container, article or other thing that the Director-General or authorised officer reasonably believes to contain or to have contained blood, blood product, human tissue or fluid, any product of the human body, dialysate, chemical, pharmaceutical or any other substance. [Act 11 of 2023 wef 01/05/2023] (3) The Director-General or an authorised officer may seize from any premises or conveyance — ( a ) any blood sample, blood product, human tissue or fluid, any product of the human body, dialysate, chemical, pharmaceutical or any other substance; ( b ) any container, article or other thing that the Director-General or authorised officer reasonably believes to contain or to have contained blood, blood product, human tissue or fluid, any product of the human body, dialysate, chemical, pharmaceutical or any other substance; or [Act 11 of 2023 wef 01/05/2023] ( c ) any book, document, record, electronic material, apparatus, appliance, equipment or instrument, which the Director-General or authorised officer reasonably believes to be the subject matter of an offence under this Act or a contravention of or non‑compliance with a provision under this Act, or to be connected with the commission of such an offence, contravention or non‑compliance. [Act 11 of 2023 wef 01/05/2023] (4) Where any article or document has been seized under subsection (3) — ( a ) the Director-General or authorised officer who seized the article or document must give written notice of the seizure to the person from whom it was seized, if the name and address of that person are known; [Act 11 of 2023 wef 01/05/2023] ( b ) the article or document may be kept or stored at the premises or conveyance where it was seized or may, at the direction of the Director-General or authorised officer, be removed to any other place — (i) to be kept or stored; or (ii) for testing or examination; and [Act 11 of 2023 wef 01/05/2023] ( c ) in any case under paragraph ( b )(i), the Director-General or authorised officer may — (i) mark, seal or label the article or document in any manner that the Director-General or authorised officer thinks fit for the purpose of indicating that it is under detention; and [Act 11 of 2023 wef 01/05/2023] (ii) lock or seal the whole or part of the premises or conveyance in which the article or document is being detained. [Act 11 of 2023 wef 01/05/2023] (5) Any person that, without the permission of the Director-General or authorised officer — ( a ) interferes, tampers with, removes or otherwise disposes of any article or document seized under subsection (3); ( b ) alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Director-General or authorised officer under subsection (4)( c )(i); or [Act 11 of 2023 wef 01/05/2023] ( c ) opens, breaks or otherwise tampers with the lock or seal placed by the Director-General or authorised officer on the whole or part of any premises or conveyance under subsection (4)( c )(ii), 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 12 months or to both. [Act 11 of 2023 wef 01/05/2023] (6) Any individual who is present at any premises or conveyance mentioned in subsection (1) must render all necessary assistance and cooperation to the Director-General or an authorised officer as are necessary for an entry, inspection, investigation or otherwise for the exercise of his or her powers under this Act in relation to those premises or that conveyance. [Act 11 of 2023 wef 01/05/2023] (7) The Director-General or an authorised officer may — ( a ) require any person — (i) to provide any information within the person’s knowledge; or (ii) to produce any book, document, record, electronic material, article or thing within the person’s possession for inspection by the Director-General or authorised officer and make copies of the book, document or other record, or to provide the Director-General or authorised officer with copies of the book, document or other record; [Act 11 of 2023 wef 01/05/2023] ( b ) orally examine any person supposed to be acquainted with the facts and circumstances of any contravention or suspected contravention of a provision under this Act, and must — (i) reduce to writing any statement made by the person so examined who is bound to state truly the facts and circumstances with which the person is acquainted; (ii) read the statement over to the person so examined; (iii) if the person does not understand English, interpret, or cause to be interpreted, the statement in a language that the person understands; and (iv) require the person so examined to sign the statement, after correction, if any; and ( c ) require, by written order, the attendance before the Director-General or authorised officer of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of any matter under this Act, and that person must attend as so required. [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s42
chapter: PART 5 - ENFORCEMENT AND
section: 42
title: Offence of obstructing, etc., Director-General or authorised officer in exercise of powers, etc.
content:
42. —(1) Any person that — ( a ) refuses to give access to, or obstructs, hinders, impedes or delays, the Director-General or an authorised officer in the exercise of any power under this Act; [Act 11 of 2023 wef 01/05/2023] ( b ) without reasonable excuse, neglects or refuses to provide any information or produce any book, document, record, electronic material, article or thing which that person is required by or under this Act to provide or produce to the Director-General or an authorised officer; or [Act 11 of 2023 wef 01/05/2023] ( c ) neglects or refuses to attend before the Director-General or an authorised officer as required by or under this Act, [Act 11 of 2023 wef 01/05/2023] 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 12 months or to both. (2) For the purposes of subsection (1)( b ), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any book, document or record or answer any question if doing so might tend to incriminate that person. [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s43
chapter: PART 5 - ENFORCEMENT AND
section: 43
title: False or misleading statements, information or documents
content:
43. A person that, in relation to any matter under this Act — ( a ) makes any statement, or provides any information or document, that is false or misleading in a material particular; and ( b ) knows or ought reasonably to know that, or is reckless as to whether, the statement, information or document is false or misleading in a material particular, 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 12 months or to both.


document_id: hsa-2020
provision_ref: s44
chapter: PART 5 - ENFORCEMENT AND
section: 44
title: Disposal of articles, documents, substances, etc.
content:
44. —(1) Any article, substance or document produced, detained or seized under this Act must — ( a ) where the article, substance or document is produced in any criminal trial, be dealt with in accordance with section 364(1) of the Criminal Procedure Code (Cap. 68); or ( b ) in any other case, be returned to the owner or reported to a Magistrate’s Court. (2) Where the report of any article, substance or document is made to a Magistrate’s Court under subsection (1)( b ), the Magistrate’s Court may order the article, substance or document — ( a ) to be forfeited; or ( b ) to be disposed of in any manner that the Magistrate’s Court thinks fit. (3) This section does not affect any right to retain or dispose of property which may exist in law apart from this section.


document_id: hsa-2020
provision_ref: s45
chapter: PART 5 - ENFORCEMENT AND
section: 45
title: Offences by corporations
content:
45. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters V and VA of the Penal Code; or ( b ) the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act (Cap. 163A); “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: hsa-2020
provision_ref: s46
chapter: PART 5 - ENFORCEMENT AND
section: 46
title: Offences by unincorporated associations or partnerships
content:
46. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters V and VA of the Penal Code; or ( b ) the Evidence Act or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: hsa-2020
provision_ref: s47
chapter: PART 5 - ENFORCEMENT AND
section: 47
title: Composition of offences
content:
47. —(1) The Director-General 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 ) $10,000. [Act 11 of 2023 wef 01/05/2023] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: hsa-2020
provision_ref: s48
chapter: PART 6 - APPEALS
section: 48
title: Appeals to Minister
content:
48. —(1) The former holder of a licence revoked under section 20(2)( a ) (called the appellant) may appeal to the Minister against the Director-General’s decision under that section to revoke the licence. [Act 11 of 2023 wef 01/05/2023] (2) An applicant for a licence (called the appellant) may appeal to the Minister against any refusal by the Director-General under section 11(1)( b ) to grant the applicant the licence. [Act 11 of 2023 wef 01/05/2023] (3) A licensee that is aggrieved by any of the following decisions of the Director-General (called the appellant) may appeal to the Minister against the decision: ( a ) any refusal of the Director-General under section 11(1)( b ) to grant on renewal the licensee’s licence; [Act 11 of 2023 wef 01/05/2023] ( aa ) any refusal of the Director-General under section 11B(1)( b ) or 11D(1)( b ) to grant an approval under section 11B or 11D, as the case may be; [Act 11 of 2023 wef 26/06/2023] ( ab ) any modification of a licence condition mentioned in section 14(5) and in respect of which the notice mentioned in section 14(2) was not given; [Act 11 of 2023 wef 26/06/2023] ( b ) any regulatory action taken against the licensee under section 20(2)( b ) or (3A); [Act 11 of 2023 wef 26/06/2023] ( c ) any direction of the Director-General under section 23(2) to remove an individual from his or her appointment as a key appointment holder of the appellant; [Act 11 of 2023 wef 01/05/2023] ( d ) any direction of the Director-General under section 24(9) to remove an individual from his or her appointment as the appellant’s Principal Officer or Clinical Governance Officer and replace that individual. [Act 11 of 2023 wef 01/05/2023] (4) A section 25 licensee (called the appellant) may appeal to the Minister against a direction made by the Director-General under section 40. [Act 11 of 2023 wef 01/05/2023] (4A) A person who is aggrieved by any direction of the Director-General under section 31C(1) (called the appellant) may appeal to the Minister. [Act 11 of 2023 wef 26/06/2023] (5) An appeal under this section — ( a ) must be in writing; ( b ) must specify the grounds on which it is made; and ( c ) must be made within the prescribed period after the appellant is notified of the Director-General’s decision or direction (as the case may be) that is appealed against. [Act 11 of 2023 wef 01/05/2023] (6) The Minister may reject an appeal of an appellant that fails to comply with subsection (5). (7) After consideration of an appeal, the Minister may — ( a ) reject the appeal and confirm the Director-General’s decision or direction, as the case may be; or [Act 11 of 2023 wef 01/05/2023] ( b ) allow the appeal and substitute or vary the Director-General’s decision or direction, as the case may be. [Act 11 of 2023 wef 01/05/2023] (8) The Minister’s decision on an appeal is final. (9) Every appellant must be notified of the Minister’s decision under subsection (7). (10) An appeal against the Director-General’s decision or direction, as the case may be — ( a ) does not affect the operation of the decision or direction (as the case may be) appealed against or prevent the taking of action to implement the decision or direction, as the case may be; and ( b ) unless otherwise directed by the Minister, the decision or direction (as the case may be) appealed against must be complied with until the determination of the appeal. [Act 11 of 2023 wef 01/05/2023]


document_id: hsa-2020
provision_ref: s49
chapter: PART 6 - APPEALS
section: 49
title: Appeal Advisory Board
content:
49. —(1) The Minister may, before deciding an appeal under section 48, refer the appeal (called in this section the referred appeal) to an Appeal Advisory Board established under this section. (2) The Appeal Advisory Board must submit to the Minister a written report on the referred appeal, and may include in that report any recommendations that the Board thinks fit. (3) The Minister must, before deciding on the referred appeal, consider the report submitted under subsection (2), but is not bound by the recommendations in the report. (4) The Minister may from time to time appoint one or more Appeal Advisory Boards, each comprising — ( a ) 2 members who are members of any professional body that the Minister thinks fit; and ( b ) a lay person. (5) The members of an Appeal Advisory Board — ( a ) are to be appointed by the Minister for any period that the Minister may determine and may be re‑appointed; ( b ) may be removed from his or her office by the Minister; and ( c ) may resign from his or her office, by written notice to the Minister. (6) At any meeting of an Appeal Advisory Board, all members must be present to constitute a quorum. (7) Subject to this Act, the Appeal Advisory Board may determine its own procedures.


document_id: hsa-2020
provision_ref: s50
chapter: PART 6 - APPEALS
section: 50
title: Minister may designate others to hear appeals
content:
50. —(1) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal or a specific appeal under section 48: ( a ) the Second Minister (if any) for his or her Ministry; ( b ) any Minister of State, including a Senior Minister of State, for his or her Ministry; ( c ) any Parliamentary Secretary, including a Senior Parliamentary Secretary, to his or her Ministry. (2) A reference to the Minister in sections 48 and 49(1), (2) and (3) includes a reference to a person designated under subsection (1).


document_id: hsa-2020
provision_ref: s51
chapter: PART 7 - MISCELLANEOUS
section: 51
title: Confidentiality of information, etc.
content:
51. —(1) Except in criminal proceedings for an offence under this Act, the Director-General and an authorised officer are not compellable in any proceedings to give evidence in respect of, or to produce, any document, information, electronic material or data storage device which has been obtained from any licensee or any other person in the course of carrying out any investigation or performing any duty or function under this Act. [Act 11 of 2023 wef 01/05/2023] (2) The Director-General and an authorised officer must not disclose any medical information contained in the medical record of any individual, or information relating to the condition, treatment or diagnosis of any individual, that has come to the knowledge of the Director-General or authorised officer in the course of carrying out any investigation or performing any duty or function under this Act, unless the disclosure is made — ( a ) under or for the purpose of administering and enforcing — (i) this Act; (ii) the CareShield Life and Long‑Term Care Act 2019 (Act 26 of 2019); (iii) the Health Products Act (Cap. 122D); (iv) the Human Biomedical Research Act 2015 (Act 29 of 2015); (v) the Human Organ Transplant Act (Cap. 131A); (vi) the Infectious Diseases Act (Cap. 137); (vii) the Medical and Elderly Care Endowment Schemes Act (Cap. 173A); (viii) the Medicines Act (Cap. 176); (ix) the MediShield Life Scheme Act 2015 (Act 4 of 2015); (x) the National Registry of Diseases Act (Cap. 201B); (xi) the Termination of Pregnancy Act (Cap. 324); or (xii) the Voluntary Sterilization Act (Cap. 347); ( b ) for the purpose of making a complaint or providing information — (i) under Part V of the Allied Health Professions Act; (ii) under Part V of the Dental Registration Act; (iii) under Part 7 of the Medical Registration Act; (iv) in respect of the matters in section 37(1) of the Nurses and Midwives Act; (v) in respect of the matters in section 20(3) of the Optometrists and Opticians Act; (vi) under Part VI of the Pharmacists Registration Act; or (vii) under Part IVA of the Traditional Chinese Medicine Practitioners Act; or ( c ) for any other purpose with the consent of the person to whom the information relates or the representative of that person. [Act 11 of 2023 wef 01/05/2023] (3) Subject to subsection (4), an individual who is or was a member of a quality assurance committee appointed by a section 25 licensee is not competent or compellable — ( a ) to produce before any court, tribunal, board or person any document in that individual’s possession or under that individual’s control that was created by, at the request of or solely for the purpose of, the quality assurance committee; or ( b ) to disclose to any court, tribunal, board or person any information that has come to that individual’s knowledge as a member of the quality assurance committee. (4) Subsection (3) does not apply to a requirement made by any court, tribunal, board or person for the production of any document or the disclosure of any information in proceedings in respect of any act or omission by a quality assurance committee or by an individual as a member of a quality assurance committee, unless the Director-General directs otherwise. [Act 11 of 2023 wef 01/05/2023] (5) A finding or recommendation by a quality assurance committee as to the need for change or improvement in relation to any licensable healthcare service provided, or any practice or procedure carried out, by the section 25 licensee that appointed the quality assurance committee is not admissible in any proceedings as evidence that the licensable healthcare service, practice or procedure (as the case may be) is or was inappropriate or inadequate. (6) In this section — “medical information” means information about an individual that relates to the assessment, diagnosis, treatment, prevention or alleviation of an ailment, a condition, disability, disease or disorder or an injury affecting any part of the human body or mind; “representative” — ( a ) in relation to a deceased person, means his or her executor, administrator or next‑of‑kin; ( b ) in relation to an infant, means one of his or her parents or his or her guardian; and ( c ) in relation to a person ( P ) who lacks capacity within the meaning of the Mental Capacity Act (Cap. 177A), means — (i) a donee of a lasting power of attorney which is granted by P under the Mental Capacity Act, and under which P confers on the donee authority to consent on P ’s behalf to the disclosure; or (ii) a deputy who is appointed or deemed to be appointed for P by the court under the Mental Capacity Act, and who is conferred power to consent on P ’s behalf to the disclosure.


document_id: hsa-2020
provision_ref: s52
chapter: PART 7 - MISCELLANEOUS
section: 52
title: Service of documents
content:
52. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by 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 or, if no address is so specified, the individual’s residential address or business address; ( 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; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by 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 of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) may be served — ( a ) by giving it to the body corporate’s secretary or other similar officer, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s last email address. (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom the document 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 consent (express or implied) to service in that way. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business, or place of employment, 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 notice or an order permitted or required by this Act to be served; “last email address” means — ( a ) 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; or ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: hsa-2020
provision_ref: s53
chapter: PART 7 - MISCELLANEOUS
section: 53
title: General exemption
content:
53. The Minister may, by order in the Gazette , exempt any person, premises or conveyance or any class of persons, premises or conveyances, from all or any of the provisions of this Act, either generally or in a particular case and subject to any conditions that the Minister may impose.


document_id: hsa-2020
provision_ref: s54
chapter: PART 7 - MISCELLANEOUS
section: 54
title: Jurisdiction of courts
content:
54. Despite the Criminal Procedure Code, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment for any such offence.


document_id: hsa-2020
provision_ref: s55
chapter: PART 7 - MISCELLANEOUS
section: 55
title: Protection from personal liability
content:
55. No liability shall lie personally against — ( a ) the Director-General; [Act 11 of 2023 wef 01/05/2023] ( b ) any authorised officer; ( c ) any individual appointed under section 7(5) to assist the Director-General in the administration of this Act; [Act 11 of 2023 wef 01/05/2023] ( d ) any member of any quality assurance committee appointed by a section 25 licensee or any person acting under the direction of such a member; or ( e ) any member of an Appeal Advisory Board appointed by the Minister under section 49, who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.


document_id: hsa-2020
provision_ref: s56
chapter: PART 7 - MISCELLANEOUS
section: 56
title: Amendment of Schedules
content:
56. —(1) The Minister may, by order in the Gazette , amend the First or Second Schedule. (2) In making an order under subsection (1), the Minister may include provisions of a saving or transitional nature consequent on the enactment of the order as the Minister may consider necessary or expedient. (3) In particular, the Minister may, in making an order under subsection (1) in relation to the Second Schedule, provide for different appointed days for different licensable healthcare services provided in private hospitals, medical clinics, clinical laboratories or healthcare establishments within the meaning given by section 2 of the repealed Act. (4) For the purposes of this Act, “appointed day”, for a licensable healthcare service provided in a private hospital, medical clinic, clinical laboratory or healthcare establishment within the meaning given by section 2 of the repealed Act, means a date that licensable healthcare service is specified in the First Schedule. (5) Every order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: hsa-2020
provision_ref: s57
chapter: PART 7 - MISCELLANEOUS
section: 57
title: Regulations
content:
57. —(1) The Minister may make regulations for carrying out or giving effect to this Act. (2) In particular, the Minister may make regulations for any of the following: ( a ) the duties and responsibilities of licensees; ( aa ) the service delivery modes or the types of premises or conveyances that are not permitted for the provision of a licensable healthcare service or specified service; [Act 11 of 2023 wef 26/06/2023] ( ab ) the requirements that apply to the provision of any licensable healthcare service at any permanent premises, using any conveyance or by any other service delivery mode; [Act 11 of 2023 wef 26/06/2023] ( ac ) the prerequisites for applying for an approval under section 11C; [Act 11 of 2023 wef 26/06/2023] ( b ) the form and manner in which an application for or in relation to any licence or approval under this Act may be made, and the information and documents required to be provided in connection with such an application; [Act 11 of 2023 wef 26/06/2023] ( c ) the fees to be paid in respect of applications for and the grant (including the late renewal) of any licence or approval, and otherwise in connection with the administration of this Act, and the waiver, reduction or refund of fees charged; ( d ) the records of patients, customers and staff that licensees must keep and maintain and the provision of returns and other information with respect to the provision of licensable healthcare services; ( e ) the requirements as to the number and qualifications of nursing and other staff to be employed by licensees; ( f ) the apparatus, appliances, equipment and instruments to be provided and maintained by licensees; ( g ) the requirements as to the emergency ambulances and medical transports used by licensees for the provision of licensable healthcare services, and the apparatus, appliances, equipment and instruments the emergency ambulances and medical transports are equipped with; ( h ) the minimum standards of accommodation, sanitisation and other amenities to be provided by licensees; ( i ) the standards of cleanliness and hygiene to be observed, and infection control measures to be undertaken, by licensees; ( j ) the safety and welfare of patients and customers of licensees, and the quality of care and continuity of care to be provided by licensees for their patients and customers; ( k ) the management, control, superintendence and care of the facilities and services provided by licensees; ( l ) the skills, competencies, functions and duties of the key appointment holders of licensees; ( m ) the minimum qualifications, functions, duties and responsibilities of the Principal Officer and Clinical Governance Officers of licensees; ( n ) the specified committees that section 25 licensees are required to appoint, including — (i) the functions and duties of any specified committee; (ii) the licensable healthcare services, or the programmes or activities relating to the provision of any licensable healthcare service, for which any specified committee is appointed; and (iii) the composition and procedures of and responsibilities that apply to any specified committee, including — (A) the disclosure and treatment of conflicts of interest or potential conflicts of interest of a member of that committee; (B) the appointment of any person to oversee or supervise the activities of that committee in the performance of that committee’s functions and duties; and (C) the keeping and maintenance of records, for the period and in the manner prescribed, relating to any activity, finding or recommendation of that committee, and the implementation of any such recommendation by the section 25 licensee that appointed that committee; ( o ) the duties of section 25 licensees in relation to any recommendations of any specified committee appointed by those licensees, including the taking of any corrective actions to implement those recommendations and the keeping and maintenance of records relating to those corrective actions; ( p ) the records in relation to any matter that is relevant to monitoring or evaluating any aspect of any licensable healthcare service or the provision of any licensable healthcare service, including the safeguards that licensees must implement to protect those records, and any computer system used to keep and maintain those records, against — (i) accidental or unlawful loss, modification or destruction; and (ii) unauthorised access, disclosure, copying, use or modification; ( q ) the service standards and other requirements or conditions that apply to the provision of licensable healthcare services; ( r ) the measures licensees must take to promote or facilitate price transparency for patients and customers, including requirements for bill itemisation, financial counselling and display of fees chargeable; ( s ) the requirements for advertisements of licensable healthcare services relating to the media those advertisements appear in, and the content and form of those advertisements; ( t ) the manner in which appeals may be made to the Minister under this Act and the procedure for those appeals; ( u ) all matters and things required or permitted to be prescribed under or for the purposes of this Act. (3) The regulations made under this section may — ( a ) prescribe different requirements for different licensable healthcare services; ( aa ) prescribe different requirements for different service delivery modes; [Act 11 of 2023 wef 26/06/2023] ( b ) prescribe different fees for different licensable healthcare services; ( c ) prescribe for different section 25 licensees to appoint different specified committees; ( d ) prescribe the offences under this Act that may be compounded; and ( e ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.


document_id: hsa-2020
provision_ref: s59
chapter: PART 7 - MISCELLANEOUS
section: 59
title: Consequential and related amendments to other Acts
content:
59. —(1) Section 2(1) of the CareShield Life and Long‑Term Care Act 2019 (Act 26 of 2019) is amended by inserting, immediately after the words “Private Hospitals and Medical Clinics Act (Cap. 248)” in paragraph ( a ) of the definition of “healthcare institution”, the words “or a provider of licensable healthcare services licensed under the Healthcare Services Act 2020”. (2) The Criminal Procedure Code (Cap. 68, 2012 Ed.) is amended — ( a ) by inserting, immediately after the words “Private Hospitals and Medical Clinics Act (Cap. 248)” in sections 247(7)( a ), 249(4)( a ), 252(4)( a ) and 255(4)( a ), the words “or in respect of which a licence is granted under the Healthcare Services Act 2020”; and ( b ) by inserting, immediately after the words “the Private Hospitals and Medical Clinics Act” in sections 249(15)( a ), 252(12)( a ) and 255(11)( a ), the words “or in respect of which a licence is granted under the Healthcare Services Act 2020”. (3) Section 2 of the Human Biomedical Research Act 2015 (Act 29 of 2015) is amended by deleting the word “or” at the end of paragraph ( a ) of the definition of “healthcare institution”, and by inserting immediately thereafter the following paragraph: “ ( aa ) the holder of a licence granted under the Healthcare Services Act 2020 which specifies any premises or conveyance; or ”. (4) Section 2 of the Human Organ Transplant Act (Cap. 131A, 2012 Ed.) is amended by deleting the definition of “licensee” and substituting the following definition: “ “licensee”, in relation to a hospital, means a person — ( a ) to whom a licence has been issued under the Private Hospitals and Medical Clinics Act (Cap. 248) in respect of the hospital; or ( b ) who is authorised to provide an acute hospital service under a licence granted under the Healthcare Services Act 2020; ”. (5) Section 10(1) of the Infectious Diseases Act (Cap. 137, 2003 Ed.) is amended by inserting, immediately after the words “healthcare establishment” in paragraph ( b ), the words “or holder of a licence granted under the Healthcare Services Act 2020”. (6) Section 25(1) of the Medical and Elderly Care Endowment Schemes Act (Cap. 173A, 2001 Ed.) is amended by inserting, immediately after paragraph ( c ), the following paragraphs: “ ( ca ) where the organisation is the holder of a licence granted under the Healthcare Services Act 2020, the licence is revoked or suspended or otherwise ceases to be in force; ( cb ) where the premises at which approved services are provided are licensed premises within the meaning given by section 2(1) of the Healthcare Services Act 2020, the organisation’s licence under that Act in relation to those premises is revoked or suspended or otherwise ceases to be in force; ”. (7) Section 2 of the National Registry of Diseases Act (Cap. 201B, 2008 Ed.) is amended — ( a ) by deleting the word “or” at the end of paragraph ( a ) of the definition of “healthcare institution”, and by inserting immediately thereafter the following paragraph: “ ( aa ) any premises or conveyance specified in a licence granted under the Healthcare Services Act 2020; or ”; and ( b ) by deleting the word “person” in the definition of “manager” and substituting the word “individual”. (8) [ Deleted by Act 31 of 2022 wef 01/11/2022 ] (9) Section 2 of the Voluntary Sterilization Act (Cap. 347, 2013 Ed.) is amended — ( a ) by inserting, immediately after paragraph ( a ) of the definition of “health institution”, the following paragraph: “ ( aa ) any premises specified in a licence granted under the Healthcare Services Act 2020 authorising the holder of the licence to provide an acute hospital service; ”; ( b ) by deleting the word “or” at the end of paragraph ( b ) of the definition of “health institution”, and by inserting immediately thereafter the following paragraph: “ ( ba ) any premises specified in a licence granted under the Healthcare Services Act 2020 authorising the holder of the licence to provide an ambulatory surgical centre service; or ”; and ( c ) by deleting the definition of “specialist medical clinic” and substituting the following definition: “ “specialist medical clinic” means either of the following where a registered medical practitioner who is registered under section 22 of the Medical Registration Act as a specialist in any prescribed branch of medicine works: ( a ) a medical clinic that is licensed under the Private Hospitals and Medical Clinics Act; ( b ) any premises specified in a licence granted under the Healthcare Services Act 2020 authorising the holder of the licence to provide a medical clinic service; ”.


document_id: hsa-2020
provision_ref: s60
chapter: PART 7 - MISCELLANEOUS
section: 60
title: Saving and transitional provisions
content:
60. —(1) Subject to the adaptations provided in the Third Schedule, this Act applies to and in relation to — ( a ) the provision of any licensable healthcare service in any premises or conveyance as a private hospital, medical clinic, clinical laboratory or healthcare establishment authorised by a licence under the repealed Act that — (i) is issued before the appointed day for that licensable healthcare service; and (ii) is in force immediately before that appointed day; and ( b ) every application under the repealed Act for the grant of a licence under the repealed Act to use any premises or conveyance as a private hospital, medical clinic, clinical laboratory or healthcare establishment which is pending on the day immediately before the appointed day for private hospitals, medical clinics, clinical laboratories or healthcare establishments, as the case may be. (2) For a period of 2 years after the date of commencement of this section, the Minister may, by regulations, prescribe any additional provisions of a saving or transitional nature consequent on the enactment of this section that the Minister may consider necessary or expedient. (3) Nothing in this section or the Third Schedule affects section 16 of the Interpretation Act (Cap. 1).


document_id: hsaa-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Health Sciences Authority established under section 3; “Chairperson” means the Chairperson of the Authority and includes a temporary Chairperson appointed under section 8; “Chief Executive” means the Chief Executive of the Authority, and includes any individual acting in that capacity; “member” means a member of the Authority and includes a temporary member appointed under section 8. [5/2018]


document_id: hsaa-2001
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 3
title: Establishment and incorporation of Health Sciences Authority
content:
3. A body called the Health Sciences Authority is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and ( c ) doing and suffering all such other acts or things as a body corporate may lawfully do and suffer.


document_id: hsaa-2001
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 4
title: Common seal
content:
4. —(1) The Authority must have a common seal and the seal may be broken, changed, altered or made anew as the Authority thinks fit. (2) All deeds and other documents requiring the seal of the Authority must be sealed with the common seal of the Authority. (3) All instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Authority for the purpose or by one member and the Chief Executive. (4) The Authority may, by resolution or otherwise in writing, appoint an officer of the Authority or any other agent either generally or in any particular case to execute or sign on behalf of the Authority any agreement or other instrument not under seal in relation to any matter coming within the powers of the Authority. (5) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Authority affixed to any document and presume that it was duly affixed.


document_id: hsaa-2001
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 5
title: Constitution of Authority
content:
5. —(1) The Authority consists of — ( a ) a Chairperson; and ( b ) not less than 6 but not more than 10 other members, all of whom must be appointed by the Minister. (2) The Minister may appoint the Chief Executive to be a member of the Authority.


document_id: hsaa-2001
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 7
title: Term of office of members
content:
7. —(1) A member of the Authority (including the Chairperson) holds office on such conditions and for such term not exceeding 3 years as the Minister specifies in the appointment, and may be re‑appointed. (2) Any member of the Authority may resign from his or her office at any time by giving at least one month’s notice in writing to the Minister. (3) The Minister may at any time revoke the appointment of any member as the Minister considers necessary in the interest of the effective performance of the functions of the Authority under this Act, or in the public interest. (4) If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the remainder of the term for which the vacating member was appointed. (5) The Authority is to pay to the Chairperson and other members of the Authority, out of the funds of the Authority, such salaries, fees and allowances as the Minister may determine.


document_id: hsaa-2001
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND
section: 8
title: Temporary Chairperson and temporary members
content:
8. The Minister may appoint any person as a temporary Chairperson or as a temporary member if the Chairperson or any member is absent from Singapore or for any other reason is unable to discharge his or her functions.


