# legal_provisions

document_id: pea-1958
provision_ref: s30
chapter: PART 5 - GENERAL
section: 30
title: Service of documents
content:
30. —(1) A document that is permitted or required to be served on a person under this Act may be served as described in this section. [32/2014] (2) A document may be served on an individual — ( 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 under this Act or, if no address is so specified, the individual’s residential or business address; ( c ) by leaving it at the individual’s residential address with an adult person apparently residing there, or at the individual’s business address with an adult person apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential or business address; ( e ) by sending it by fax to the fax number given by the individual as the fax number for the service of documents under this Act; or ( f ) by sending it by email to the individual’s email address. [32/2014] (3) A document may be served on a partnership (other than a limited liability partnership) — ( a ) by giving it to any partner, secretary or other like 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 email address. [32/2014] (4) A document may be served on a body corporate (including a limited liability partnership) or an unincorporated association — ( a ) by giving it to the secretary or other like 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 body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s email address. [32/2014] (5) Service of a document on a person 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 the transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and ( c ) if the document is sent by pre‑paid registered post, 2 days after the day the document was posted (even if it is returned undelivered). [32/2014] (6) A document may be served on a person under this Act by email only with that person’s prior written consent. [32/2014] (7) This section does not apply to documents to be served in proceedings in court. [32/2014] (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; and ( 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; “email address” means the last email address given by the addressee concerned 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. [20 [32/2014]


document_id: pea-1958
provision_ref: s31
chapter: PART 5 - GENERAL
section: 31
title: Composition of offences
content:
31. —(1) The Licensing Officer may compound any offence under this Act which 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. [32/2014] (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. [21 [32/2014]


document_id: pea-1958
provision_ref: s32
chapter: PART 5 - GENERAL
section: 32
title: Onus of proof
content:
32. In any proceedings under this Act, the onus of proving that the public or any class of the public did not have access to any public entertainment lies on the person alleging the fact. [22


document_id: pea-1958
provision_ref: s33
chapter: PART 5 - GENERAL
section: 33
title: Rules
content:
33. —(1) The Minister may make rules for any of the following purposes: ( a ) to prescribe the fees or charges in respect of any matter or thing to be done or required under or for the purposes of this Act, including for any application or licence; ( b ) to prescribe the matters required or permitted to be prescribed by this Act; ( c ) to prescribe the hours during which public entertainment may be provided; ( d ) to prescribe the form and manner of, and any procedures or proceedings relating to, any appeal under this Act; ( e ) generally to give effect to the provisions of this Act. [32/2014; 28/2017] (2) In this section, “Minister” means — ( a ) in the case where the power under this section is to be exercised in connection with section 16, 17 or 18 — the Minister charged with the responsibility for the licensing of arts entertainments; and ( b ) in the case where the power under this section is to be exercised in connection with any other provision of this Act — the appropriate Minister. [32/2014] (3) All rules made under this Act must be presented to Parliament as soon as possible after publication in the Gazette . [23


document_id: pea-1991
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “allied professional” means — ( a ) an architect who is registered under the Architects Act 1991; or ( b ) a land surveyor who is a registered surveyor under the Land Surveyors Act 1991; [Act 25 of 2024 wef 01/10/2025] “Board” means the Professional Engineers Board established under section 4; “builder”, “building” and “building works” have the meanings given by the Building Control Act 1989; “building authority” means any person empowered under the provisions of the Building Control Act 1989 to approve plans of building works; “certificate of registration” means a certificate of registration issued under section 24; “Disciplinary Committee” means a Disciplinary Committee appointed under section 46; “foreign engineer” means any person who is authorised to carry out professional engineering work in a country or territory outside Singapore under the law of that country or territory; “Investigation Committee” means an Investigation Committee appointed under section 42; “Investigation Panel” means the Investigation Panel appointed under section 39; “licence” means a licence to supply professional engineering services granted under section 30; “licensed”, in relation to a corporation, partnership or limited liability partnership, means a corporation, partnership or limited liability partnership which has in force a licence; “licensed professional engineering practice” means — ( a ) a limited corporation licensed under section 30(1); ( b ) an unlimited corporation licensed under section 30(2); ( c ) a partnership licensed under section 30(3); or ( d ) a limited liability partnership licensed under section 30(4); “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “limited partnership” means a limited partnership registered under the Limited Partnerships Act 2008; “manager” — ( a ) in relation to a corporation or partnership, means the principal executive officer of the corporation or partnership for the time being by whatever name called and whether or not he or she is a director or partner thereof; and ( b ) in relation to a limited liability partnership, has the same meaning as in section 2(1) of the Limited Liability Partnerships Act 2005; “nominee”, in relation to any person, means a person who is accustomed or under an obligation (whether formal or informal) to act in accordance with directions, instructions or wishes of the firstmentioned person, except that a person is not to be regarded as a nominee of another person by reason only that the person acts on the advice given by that other person in a professional capacity; “partnership” includes a limited partnership; “practising certificate” means — ( a ) in relation to a registered professional engineer — an annual certificate issued under section 28 authorising him or her to engage in professional engineering work in Singapore; ( b ) in relation to an allied professional who is an architect registered under the Architects Act 1991 — a practising certificate issued under section 18 of that Act; and ( c ) in relation to an allied professional who is a registered surveyor under the Land Surveyors Act 1991 — a practising certificate issued under section 15 of that Act; [Act 25 of 2024 wef 01/10/2025] “prescribed branch of professional engineering work” means professional engineering work in any of the following branches of engineering: ( a ) chemical engineering; ( b ) civil engineering; ( c ) electrical engineering; ( d ) mechanical engineering; ( e ) any other branches of engineering that may be prescribed; “president” means the president of the Board; “professional engineering services” means consultancy or advisory services that require a person to engage in professional engineering work; “professional engineering work” includes any professional service, consultation, investigation, evaluation, planning, design, or responsible supervision of construction or operation in connection with any public or privately owned public utilities, buildings, machines, equipment, processes, works or projects where the public interest and welfare, or the safeguarding of life, public health or property is concerned or involved, and that requires the application of engineering principles and data; “register of licensees” means the register of licensed corporations, partnerships and limited liability partnerships kept by the Board under section 13(1)( d ); “register of practitioners” means the annual register of practitioners kept by the Board under section 13(1)( c ); “register of professional engineers” means the register of professional engineers kept by the Board under section 13(1)( a ); “registered” means registered under section 21; “Registrar” means the Registrar of the Board, and includes any individual acting in that capacity; “rules” means rules made by the Board under section 61; “specialist professional engineer” means a person registered under section 22 as a specialist professional engineer; “unlimited corporation” means a corporation formed on the principle of having no limit placed on the liability of its members. [18/2003; 27/2005; 36/2017; 5/2018]


document_id: pea-1991
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Act not to apply to Government, etc.
content:
3. —(1) Nothing in this Act applies to anything done or omitted to be done by the Government or by a public officer under the Government’s authority. (2) This Act is not to be construed as requiring any public authority which supplies professional engineering services in Singapore under any written law to obtain a licence; and in this subsection, “public authority” means any body established by or under any written law and exercising powers vested therein by written law for a public purpose.


document_id: pea-1991
provision_ref: s4
chapter: PART 2 - PROFESSIONAL ENGINEERS BOARD
section: 4
title: Establishment of Professional Engineers Board
content:
4. —(1) A body called the Professional Engineers Board is established in Singapore, which is a body corporate with perpetual succession and a common seal, with power, subject to the provisions of this Act, to sue and be sued in its corporate name, to acquire and dispose of property, both movable and immovable, and to do and perform any other acts that bodies corporate may by law perform. (2) The Board consists of the following members: ( a ) the Commissioner of Building Control; ( b ) the president of the Institution of Engineers, Singapore, or a registered professional engineer of at least 10 years’ standing nominated by him or her; ( c ) not more than 6 registered professional engineers who are resident in Singapore and have in force a practising certificate — (i) to be elected by registered professional engineers who have in force a practising certificate; or (ii) failing such election, to be appointed by the Minister under subsection (4); ( d ) not more than 6 registered professional engineers to be appointed by the Minister; ( e ) a registered architect from the Board of Architects to be appointed by the Minister. [27/2005] (3) Not less than 5 members of the Board must be in private practice. [27/2005] (4) If elections held for the purposes of subsection (2)( c ) result in less than 6 persons being elected as members of the Board, the Minister may appoint any number, that the Minister thinks fit, of registered professional engineers who have in force a practising certificate to be members of the Board, except that the number of members so appointed and the number of members elected under subsection (2)( c ) must not exceed 6 in the aggregate. [27/2005] (5) Of the members elected under subsection (2)( c ) or appointed under subsection (4), there must be at least — ( a ) one registered professional engineer in the branch of civil engineering; ( b ) one registered professional engineer in the branch of electrical engineering; and ( c ) one registered professional engineer in the branch of mechanical engineering. [27/2005] (6) Only registered professional engineers of at least 10 years’ standing may be elected under subsection (2)( c ) or appointed under subsection (4) as members of the Board. [27/2005] (7) The members elected under subsection (2)( c ) hold office for a term not exceeding 3 years and are eligible for re‑election. [27/2005; 36/2017] (8) However, a person is ineligible for re‑election to office as a member under subsection (2)( c ) if the re‑election would result in the person holding office as a member for 3 consecutive terms. [36/2017] (9) The members appointed under subsection (2)( d ) or ( e ) or (4) hold office for a term not exceeding 3 years and are eligible for re‑appointment. [27/2005] (10) The Minister may, at any time, revoke the appointment of any member appointed under subsection (2)( d ) or (4) without giving any reason. [27/2005]


document_id: pea-1991
provision_ref: s5
chapter: PART 2 - PROFESSIONAL ENGINEERS BOARD
section: 5
title: Compulsory voting
content:
5. —(1) Every registered professional engineer who has in force a practising certificate on the day of election of candidates as members of the Board under section 4(2)( c ) must vote for the election of those members at the time and in the manner prescribed, if any. [27/2005] (2) Every registered professional engineer who is required to vote for the election of the members of the Board in accordance with subsection (1) and who fails to do so is not entitled to apply for a practising certificate unless he or she — ( a ) satisfies the Registrar that he or she had a good and sufficient reason for not voting at the election; or ( b ) pays to the Board a penalty prescribed by the Board. [4A [27/2005]


document_id: pea-1991
provision_ref: s6
chapter: PART 2 - PROFESSIONAL ENGINEERS BOARD
section: 6
title: President of Board
content:
6. —(1) The Board must have a president who is elected by the members of the Board from among its members — ( a ) who have been elected under section 4(2)( c ) or appointed under section 4(4); or ( b ) who have been appointed under section 4(2)( d ). [27/2005] (2) The president elected under subsection (1) must serve for a term not extending beyond the expiry of the term for which he or she has been appointed or elected to be a member of the Board and is eligible for re-election. [27/2005; 36/2017] (3) However, a person is ineligible for re‑election as the president under subsection (1) if the re‑election would result in the person holding office as the president for 3 consecutive terms. [4B [36/2017]


document_id: pea-1991
provision_ref: s7
chapter: PART 2 - PROFESSIONAL ENGINEERS BOARD
section: 7
title: Disqualifications for membership of Board
content:
7. A person is not qualified to be a member of the Board if the person — ( a ) is neither a citizen nor a permanent resident of Singapore; ( b ) is an undischarged bankrupt or has made any arrangement or composition with his or her creditors; ( c ) has been convicted of any offence involving fraud, dishonesty or moral turpitude, or of any other offence implying a defect in character which makes him or her unfit for the engineering profession; ( d ) has a mental disorder and is incapable of managing himself or herself or his or her affairs, or is incapacitated by physical illness; or ( e ) has at any time after due inquiry been found guilty by a Disciplinary Committee of improper conduct. [4C [27/2005; 21/2008]


document_id: pea-1991
provision_ref: s8
chapter: PART 2 - PROFESSIONAL ENGINEERS BOARD
section: 8
title: Filling of vacancies
content:
8. —(1) The office of a member of the Board becomes vacant if the member — ( a ) dies; ( b ) resigns or is removed from office; or ( c ) becomes in any manner disqualified for office within the meaning of section 7. [27/2005] (2) The Board may, with the Minister’s approval, remove from office any member of the Board who is absent without leave of the Board from 3 consecutive ordinary meetings of — ( a ) the Board; or ( b ) a Disciplinary Committee of which he or she is a member. [27/2005] (3) Any question as to whether a person has ceased to be a member of the Board is to be decided by the Minister whose decision is final. [27/2005] (4) If any vacancy arises among the elected or appointed members, the Minister must, as soon as practicable, appoint any registered professional engineer to fill that vacancy. [27/2005] (5) Any person appointed to fill the vacancy holds office for the remainder of the term for which his or her predecessor was elected or appointed. [27/2005] (6) The powers of the Board are not affected by any vacancy in its membership. [27/2005] (7) No act done by or under the authority of the Board is invalid because of any defect that is subsequently discovered in the appointment, election or qualification of the members or any of them. [4D [27/2005]


document_id: pea-1991
provision_ref: s9
chapter: PART 2 - PROFESSIONAL ENGINEERS BOARD
section: 9
title: Meetings and quorum of Board
content:
9. —(1) At any meeting of the Board, 8 members form a quorum and no business may be transacted at any meeting unless a quorum is present. [27/2005] (2) At any meeting of the Board, the president presides and in the president’s absence the members present must elect from among themselves one member to preside over the meeting. [27/2005] (3) If on any question to be determined by the Board there is an equality of votes, the president or the member presiding over that meeting has a casting vote. [27/2005] (4) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may determine its own procedure. [27/2005; 5/2018] (5) The Board must cause proper records of its proceedings to be kept. [4E [27/2005]


document_id: pea-1991
provision_ref: s10
chapter: PART 2 - PROFESSIONAL ENGINEERS BOARD
section: 10
title: Common seal of Board
content:
10. —(1) The common seal of the Board must bear such device as the Board may approve and the seal may be broken, changed, altered or made anew by the Board as it may think fit. (2) The common seal must be kept in the custody of the president and must be authenticated by the president or other member acting in the president’s absence and any document purporting to be sealed and authenticated as previously mentioned is, until the contrary is proved, deemed to be validly executed. [5


document_id: pea-1991
provision_ref: s11
chapter: PART 2 - PROFESSIONAL ENGINEERS BOARD
section: 11
title: Functions of Board
content:
11. The functions of the Board are — ( a ) to keep and maintain every register mentioned in section 13(1); ( b ) to hold or arrange for the holding of any examinations that the Board considers necessary for the purpose of enabling persons to qualify for registration under this Act; ( c ) to approve or reject applications for registration under this Act or to approve any such applications subject to any restrictions that it thinks fit to impose; ( d ) to establish and maintain standards of professional conduct and ethics of the engineering profession; ( e ) to promote learning and education in connection with engineering and the development of professional engineering, either alone or in conjunction with any other person; ( f ) to hear and determine disputes relating to professional conduct or ethics of professional engineers or to appoint a committee or arbitrator to hear and determine those disputes; ( g ) to license corporations, partnerships and limited liability partnerships which supply professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore; and ( h ) generally to do all acts, matters and things that are necessary to be carried out under the provisions of this Act. [6 [27/2005; 36/2017]


document_id: pea-1991
provision_ref: s12
chapter: PART 2 - PROFESSIONAL ENGINEERS BOARD
section: 12
title: Committees
content:
12. The Board may appoint such committees from among its members, registered professional engineers, allied professionals or such other persons as it thinks fit to assist or advise the Board on such matters arising out of its functions under this Act as are referred to them by the Board. [7 [36/2017]


document_id: pea-1991
provision_ref: s13
chapter: PART 2 - PROFESSIONAL ENGINEERS BOARD
section: 13
title: Registers
content:
13. —(1) The Board must keep and maintain — ( a ) a register of professional engineers containing the names of all persons registered under this Act, the qualifications by virtue of which they are so registered and any other particulars in relation thereto that the Board may determine; ( b ) a register of specialist professional engineers containing the names of persons who are registered under section 22 as specialist professional engineers; ( c ) an annual register of practitioners containing the particulars as contained in the declaration delivered under section 28(3)( a ); ( d ) a register of licensees containing the names of all licensed professional engineering practices and any other particulars that the Board may determine; and ( e ) a register containing the names and any other particulars that the Board may determine, of all foreign engineers authorised under section 15(1)( c ). [27/2005; 36/2017] (2) There must be indicated against each person’s name in the register of professional engineers, the register of specialist professional engineers and the register of practitioners the branch or branches of engineering that, in the Board’s opinion, the registered professional engineer is qualified to practise. [8 [27/2005]


document_id: pea-1991
provision_ref: s14
chapter: PART 2 - PROFESSIONAL ENGINEERS BOARD
section: 14
title: Appointment and duties of Registrar
content:
14. —(1) There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal 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 Registrar during any period, or during all periods, when the Registrar — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must be under the general direction of the Board and must — ( a ) sign all certificates of registration, practising certificates and licences; and ( b ) record all entries of registration, cancellation and reinstatement in the register of professional engineers, register of practitioners or register of licensees, as the case may be. [5/2018] (4) The Registrar must attend all meetings of the Board and record the proceedings thereof, and must conduct the correspondence and deal with any matters that the president or the Board may assign to the Registrar. (5) The Registrar must — ( a ) as soon as may be convenient after 1 January each year, prepare and publish in the Gazette a list containing the names, qualifications (including the branch or branches of engineering to which the qualifications relate) and addresses of all registered professional engineers who have in force a practising certificate; and ( b ) publish in the Gazette the names, qualifications and addresses of professional engineers added to or removed from the register of practitioners. (6) In any proceedings, a list published under subsection (5) is prima facie evidence that the persons whose names appear in the list are registered professional engineers who have in force practising certificates. [9


document_id: pea-1991
provision_ref: s15
chapter: PART 3 - PRIVILEGES OF PROFESSIONAL ENGINEERS
section: 15
title: Illegal practice
content:
15. —(1) Subject to the provisions of this Act, a person must not, in Singapore, engage in any of the prescribed branches of professional engineering work, or draw or prepare any plan, sketch, drawing, design, specification or other document relating to any of the prescribed branches of professional engineering work, unless the person — ( a ) is a registered professional engineer who has in force a practising certificate authorising the person to engage in that prescribed branch of professional engineering work; ( b ) is working under the direction or supervision of a person mentioned in paragraph ( a ); ( c ) being a foreign engineer, is authorised by the Board to engage in such professional engineering work in collaboration with a person mentioned in paragraph ( a ); ( d ) is a licensed professional engineering practice licensed to supply professional engineering services relating to that prescribed branch of professional engineering work; or ( e ) is a partnership consisting wholly of registered professional engineers — (i) each of whom has in force a practising certificate; and (ii) one or more of whom is authorised to engage in that prescribed branch of professional engineering work. [36/2017] (2) The Board may, upon the payment of the prescribed fee, grant its authorisation to any person under subsection (1)( c ) subject to any conditions that the Board thinks fit to impose. [27/2005; 36/2017] (3) Subject to the provisions of this Act, a person must not sign and submit to a building authority or to a public authority (as defined in section 3(2)) — ( a ) any plan, sketch, drawing, design, specification or other document relating to any of the prescribed branches of professional engineering work in Singapore; or ( b ) any report on or a certificate or other document relating to any of the prescribed branches of professional engineering work in Singapore which is required by any written law to be signed by a professional engineer, unless the person is a registered professional engineer who has in force a practising certificate authorising the person to engage in such professional engineering work; and any document that is signed in contravention of this subsection is invalid. [4/95; 27/2005;36/2017] (4) Subject to the provisions of this Act, a person must not use verbally or otherwise — ( a ) the words “professional engineer” or any additions to or abbreviation or derivative of those words in connection with the person’s designation; ( b ) the word “engineer” or the abbreviation “Er.” or “Engr.” as a title before the person’s name; or ( c ) any word, name or designation that will lead to the belief that the person is a registered professional engineer, unless the person is a registered professional engineer. [4/95] (5) Where the Board has authorised any person under subsection (1)( c ) to work in collaboration with a registered professional engineer, the Board may allow that person to use such addition to or derivative of the words “professional engineer” as may be approved by the Board. [27/2005] (6) Subject to the provisions of this Act, a person must not advertise or hold himself, herself or itself out, or conduct himself, herself or itself in any way or by any means, as a person who is authorised to supply in Singapore, professional engineering services relating to any of the prescribed branches of professional engineering work, unless the person is — ( a ) a registered professional engineer who has in force a practising certificate authorising the person to engage in that prescribed branch of professional engineering work to which those services relate; ( b ) a licensed professional engineering practice licensed to supply professional engineering services relating to that prescribed branch of professional engineering work; or ( c ) a partnership consisting wholly of registered professional engineers — (i) each of whom has in force a practising certificate; and (ii) one or more of whom is authorised to engage in that prescribed branch of professional engineering work. [36/2017] (7) Nothing in subsection (6) prevents a licensed professional engineering practice from carrying on any activity necessary to the winding up of that practice. [36/2017] (8) Subject to the provisions of this Act, a person must not — ( a ) supply in Singapore, professional engineering services relating to any of the prescribed branches of professional engineering work unless the person is — (i) a licensed professional engineering practice licensed to supply professional engineering services relating to that prescribed branch of professional engineering work; or (ii) a registered professional engineer who has in force a practising certificate authorising him or her to engage in the prescribed branch of professional engineering work to which those services relate, and is doing so — (A) on the person’s own account or as a director, partner or employee (as the case may be) of a licensed professional engineering practice mentioned in sub‑paragraph (i); or (B) as a partner in a partnership consisting wholly of registered professional engineers who each has in force a practising certificate; or ( b ) offer to supply in Singapore, professional engineering services relating to any of the prescribed branches of professional engineering work unless the person is — (i) a person mentioned in paragraph ( a )(i) or (ii); (ii) an allied professional who is doing so only by reason of being a partner in a licensed partnership or licensed limited liability partnership; or (iii) a foreign engineer authorised under subsection (1)( c ) to engage in the prescribed branch of professional engineering work to which those services relate. [36/2017] (9) Despite subsection (8), a builder may in connection with any building works which the builder undertakes to carry out, supply or offer to supply in Singapore, professional engineering services relating to any of the prescribed branches of professional engineering work if — ( a ) the professional engineering services are provided by a person mentioned in subsection (8)( a ); or ( b ) the professional engineering services — (i) are provided by a registered professional engineer employed by the builder, and the registered professional engineer has in force a practising certificate authorising him or her to engage in the professional engineering work to which those services relate; and (ii) relate to any of the prescribed works necessary for the progress of the building works. [36/2017] (10) Any person who contravenes subsection (1), (3), (4), (6) or (8) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of a natural person — (i) to a fine not exceeding $5,000; and (ii) if the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) in the case of a body corporate — (i) to a fine not exceeding $5,000; and (ii) if the body corporate is a repeat offender, to a fine not exceeding $10,000. [36/2017] (11) In this section, a person is a repeat offender if the person who is convicted, or found guilty, of an offence under subsection (10) has (whether before, on or after 15 January 2018) been convicted or found guilty on at least one other earlier occasion of — ( a ) an offence under subsection (10) for contravening subsection (1), (3), (4), (6) or (8); or ( b ) an offence under section 10(6) of this Act as in force immediately before that date for contravening section 10(1), (2), (3), (4) or (5) of this Act as in force immediately before that same date. [10 [36/2017]


document_id: pea-1991
provision_ref: s16
chapter: PART 3 - PRIVILEGES OF PROFESSIONAL ENGINEERS
section: 16
title: Recognition to carry out professional engineering work outside Singapore
content:
16. —(1) Any person in Singapore seeking to carry out professional engineering work in a country or territory outside Singapore (called in this section an applicant), may apply to the Board to be recognised for that purpose accompanied by the prescribed fee. [36/2017] (2) The Board may grant an application under subsection (1) if it is satisfied that the applicant is eligible to be recognised under this section. [36/2017] (3) The Board may allow the applicant to whom recognition is granted to use a specified title, denoting that recognition. [10A [36/2017]


document_id: pea-1991
provision_ref: s17
chapter: PART 3 - PRIVILEGES OF PROFESSIONAL ENGINEERS
section: 17
title: Employment of unregistered professional engineer prohibited
content:
17. —(1) Subject to the provisions of this Act, a person must not employ as a professional engineer any person who is not a registered professional engineer. [27/2005] (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 and, in the case of second or subsequent offence, to a fine not exceeding $5,000. [11


document_id: pea-1991
provision_ref: s18
chapter: PART 3 - PRIVILEGES OF PROFESSIONAL ENGINEERS
section: 18
title: Remuneration for professional engineering services
content:
18. —(1) Subject to the provisions of this Act, a person is not entitled to demand, claim or sue for or recover any charge, fee or remuneration for any professional engineering services supplied by the person in Singapore, or for any offer by the person to supply professional engineering services in Singapore, in connection with any arbitration, suit or matter, unless the person supplying or offering to supply professional engineering services is authorised by this Act to supply those services. [36/2017] (2) Any person, who has made any payment to another person for that other person engaging in conduct which is in contravention of section 15, may recover the money in a court of competent jurisdiction if the person did not know or have reason to believe, when making payment, that the conduct by that other person was in contravention of that section. [12 [36/2017]


document_id: pea-1991
provision_ref: s19
chapter: PART 3 - PRIVILEGES OF PROFESSIONAL ENGINEERS
section: 19
title: Minor building works
content:
19. Nothing in this Act is to be construed to prohibit or prevent any person not registered under this Act from carrying out work in respect of the construction of or repairs to any building or part of any building in any case in which plans are not required by any written law to be submitted to a building authority or to a public authority (as defined in section 3(2)). [13 [27/2005]


document_id: pea-1991
provision_ref: s20
chapter: PART 3 - PRIVILEGES OF PROFESSIONAL ENGINEERS
section: 20
title: Relationship with architects, etc.
content:
20. —(1) This Part does not prevent — ( a ) an architect who has in force a practising certificate issued under the Architects Act 1991 or any person under the direction or supervision of such an architect; or ( b ) a corporation, partnership or limited liability partnership which is licensed under that Act to supply architectural services in Singapore, from carrying on any activity within the practice of architecture which he, she or it is authorised to carry out under that Act where to do so does not constitute a substantial part of services within the practice of professional engineering. [27/2005] (2) Nothing in this Act is to be construed to prohibit or prevent any person not registered under this Act and who is a member of any class of persons specified in the Schedule from carrying on any activity which the person is authorised to carry out under any written law. (3) The Minister may, by notification in the Gazette , amend the Schedule; and every such notification must be presented to Parliament as soon as possible after publication in the Gazette . [14


document_id: pea-1991
provision_ref: s21
chapter: PART 4 - REGISTRATION OF PROFESSIONAL ENGINEERS
section: 21
title: Qualifications for registration as professional engineers
content:
21. —(1) Subject to this section, the following persons are, on payment of the prescribed fee, entitled to registration under this Act as professional engineers: ( a ) any person who holds any degree or qualification or who satisfies any other requirements which the Minister may, after consultation with the Board and by notification in the Gazette , approve for the purpose of the registration of persons as professional engineers under this Act; and ( b ) any person who satisfies the Board that he or she is otherwise qualified by having proper and recognised academic qualifications in engineering and who satisfies such conditions as the Board may determine. [27/2005] (2) A person is not entitled to registration under subsection (1)( a ) or ( b ) unless the person satisfies the Board that he or she has — ( a ) passed such examination as may be prescribed by the Board; and ( b ) after obtaining the relevant qualifications mentioned in subsection (1), acquired practical experience of such nature and duration as may be prescribed by the Board. [36/2017] (3) The Minister may, after consultation with the Board, by order in the Gazette , exempt, subject to any conditions that the Minister thinks fit, any person from the requirements of subsection (2). (4) The Board may refuse to register any applicant who in the opinion of the Board — ( a ) is not of good character and reputation; or ( b ) is unable to carry out the duties of a professional engineer effectively. (5) Any person whose application for registration has been refused by the Board may, within 30 days after being notified of the refusal, appeal to the General Division of the High Court whose decision is final. [15 [40/2019]


document_id: pea-1991
provision_ref: s22
chapter: PART 4 - REGISTRATION OF PROFESSIONAL ENGINEERS
section: 22
title: Registration of specialist professional engineers
content:
22. —(1) A registered professional engineer who — ( a ) has sat and passed such examination as may be prescribed by the Board, or holds such postgraduate degrees or qualifications or has gained such special knowledge in a specialised branch of engineering as may be approved by the Board; ( b ) has such experience in that specialised branch of engineering as may be required by the Board; and ( c ) has fulfilled any further conditions that the Board may specify, may apply to the Board to be registered as a specialist professional engineer. [27/2005] (2) The Board may, with the approval of the Minister, make regulations for all or any of the following purposes: ( a ) providing for the registration of specialists in any specialised branch of engineering; ( b ) regulating the recording in, removal from, and restoration to the register of specialist professional engineers of the names, particulars and qualifications of persons so registered; ( c ) providing for appeals by registered professional engineers against any refusal of the Board to register them in the register of specialist professional engineers or to restore their names to that register or against any decision of the Board to remove their names from that register; ( d ) prescribing the fees payable in respect of — (i) any application for registration as a specialist professional engineer; (ii) any such registration as a specialist professional engineer; (iii) any restoration of names to the register of specialist professional engineers; and (iv) any appeal. [27/2005] (3) The Registrar must prepare and publish in the Gazette a list of the names, addresses and qualifications of all specialist professional engineers. [15A [27/2005]


document_id: pea-1991
provision_ref: s23
chapter: PART 4 - REGISTRATION OF PROFESSIONAL ENGINEERS
section: 23
title: Application for registration
content:
23. Every application for registration under this Act must be made to the Board in such form and manner as may be prescribed. [16


document_id: pea-1991
provision_ref: s24
chapter: PART 4 - REGISTRATION OF PROFESSIONAL ENGINEERS
section: 24
title: Certificates of registration
content:
24. Every person registered as a professional engineer under this Act is, on payment of the prescribed fee, entitled to receive a certificate of registration under the hand of the Registrar. [17


document_id: pea-1991
provision_ref: s25
chapter: PART 4 - REGISTRATION OF PROFESSIONAL ENGINEERS
section: 25
title: Amendment of register of professional engineers
content:
25. The Registrar must — ( a ) amend the register of professional engineers when there is any alteration which may come to the Registrar’s knowledge in the name, address or other relevant particulars of any registered professional engineer; ( b ) correct any error in any entry in the register of professional engineers; and ( c ) remove from the register of professional engineers the name of any person — (i) whose name has been ordered to be removed under any provision of this Act; or (ii) who is dead. [17A [27/2005]


document_id: pea-1991
provision_ref: s26
chapter: PART 4 - REGISTRATION OF PROFESSIONAL ENGINEERS
section: 26
title: Removal of name and particulars from register of professional engineers
content:
26. —(1) The Board may order the name and other particulars of a registered professional engineer to be removed from the register of professional engineers if he or she — ( a ) has no address in Singapore at which he or she can be contacted or sent any document using his or her particulars in the register; or ( b ) has not renewed his or her practising certificate for a continuous period of at least 10 years. (2) Despite the provisions of Part 7, the Board may order the name and other particulars of a registered professional engineer to be removed from the register of professional engineers if it comes to the knowledge of the Board that — ( a ) he or she has obtained his or her registration by fraud or misrepresentation; ( b ) his or her qualification for registration under section 21 has been withdrawn or cancelled by the authority through which it was acquired or by which it was awarded; or ( c ) he or she refuses or has failed to comply with any order made by a Disciplinary Committee under section 50(2)( c ) or ( e ). [27/2005] (3) The Board must, before exercising its powers under subsection (2), notify the registered professional engineer concerned of its intention to take such action and must give the registered professional engineer an opportunity to submit reasons, within the period that the Board may determine, as to why his or her name should not be removed from the register. [27/2005] (4) Any person aggrieved by an order made by the Board under subsection (2) may, within 30 days of being notified of the order, appeal to the Minister whose decision is final. [27/2005] (5) Any registered professional engineer may apply to the Board to have his or her name and particulars removed from the register of professional engineers. [27/2005] (6) Every application under subsection (5) must be made in the form that the Board may require and the Board may require either or both of the following: ( a ) that the application should be supported by a statutory declaration; ( b ) that the applicant should advertise his or her intention to make the application in the manner that the Board directs. [27/2005] (7) Subject to subsection (8), the Board may, upon receiving an application made under subsection (5), direct the Registrar to remove the name and particulars of the applicant from the register of professional engineers. [27/2005] (8) No order is to be made on an application under subsection (5) if the Board is satisfied that — ( a ) disciplinary action is pending against the applicant; or ( b ) the conduct of the applicant is the subject of an inquiry by an Investigation Committee. [17B [27/2005]


document_id: pea-1991
provision_ref: s27
chapter: PART 4 - REGISTRATION OF PROFESSIONAL ENGINEERS
section: 27
title: Reinstatement of registration
content:
27. —(1) Any person whose name and particulars have been removed from the register of professional engineers under section 50(2)( a ) must, if the person’s appeal to the General Division of the High Court under section 51 is allowed, be immediately reinstated without payment of any fee. [27/2005; 40/2019] (2) The Board may, after the expiry of at least 3 years from the removal from the register of professional engineers of the name and particulars of any person, consider any fresh application for registration by that person in accordance with the provisions of Part 4. [27/2005] (3) Despite subsection (2), any person whose name and particulars have been removed from the register of professional engineers under section 26(1) may make a fresh application for registration at any time in accordance with the provisions of Part 4, and the Board may consider the application. [17C [36/2017]


document_id: pea-1991
provision_ref: s28
chapter: PART 5 - PRACTISING CERTIFICATES
section: 28
title: Practising certificates
content:
28. —(1) Where a registered professional engineer desires to engage in professional engineering work in Singapore after 31 December of any year, he or she must, not later than 1 December of that year, apply in the prescribed form and manner for a practising certificate authorising him or her in the succeeding year to engage in professional engineering work within the branch of engineering indicated in the register of professional engineers as the branch of engineering in which he or she is qualified to practise. (2) Despite subsection (1), where a registered professional engineer applies for a practising certificate for the first time after registration under section 21, the application must be in the prescribed form and may be made at any time during the year, and the registered professional engineer may be issued a practising certificate for the remainder of the year in which the application is made. (3) Any application by a registered professional engineer under this section must be addressed to the Board and be accompanied by — ( a ) a written declaration stating — (i) his or her full name; (ii) the name under which he or she practises if different from his or her own name, or the name of the person employing him or her; and (iii) the principal and any other address or addresses at which he or she practises in Singapore; ( b ) any evidence that the Board may require that the applicant has complied with or is exempt from the rules relating to insurance against professional liability; and ( c ) the prescribed fee, and the Board must, subject to subsection (4), thereupon issue to the registered professional engineer a practising certificate authorising him or her to engage in such professional engineering work in Singapore during the year for which the certificate is issued, being professional engineering work within the branch of engineering in which he or she is qualified to practise. [27/2005] (4) The Board may refuse to issue a practising certificate if — ( a ) the applicant is an undischarged bankrupt; ( b ) the applicant has entered into a composition with his or her creditors or a deed of arrangement for the benefit of his or her creditors; ( c ) the applicant does not intend to practise either on his or her own account or in partnership, or is not or not about to be employed by any person lawfully supplying professional engineering services in Singapore; ( d ) the declaration under subsection (3) contains a statement that to its knowledge is false in a material particular; ( e ) the conduct of the applicant provides reasonable grounds for believing that he or she will not engage in professional engineering work in Singapore in accordance with any written law and with honesty and integrity; or ( f ) the Board is not satisfied that the applicant has complied with the prescribed requirements relating to continuing professional education. [15/95; 18/2003] (5) Any registered professional engineer (not being a registered professional engineer who is applying for a practising certificate for the first time) who fails to apply for a practising certificate in the manner and within the period laid down in subsection (1) may, on the making of an application in such form and on payment of such additional fee as may be prescribed, be issued a practising certificate for — ( a ) the succeeding year if the application is made during the month of December of any year; or ( b ) the remainder of the year if the application is made on or after 1 January of that year. (6) Subject to subsection (8), a practising certificate is, unless earlier cancelled, in force from the date of its issue until 31 December of the year in respect of which it is issued. (7) A practising certificate must specify the address of the principal place of practice and all other places of practice of the registered professional engineer to whom the practising certificate was issued, and any change in such address must be notified by the registered professional engineer concerned to the Registrar within 2 weeks of the change and an endorsement of the change on the practising certificate must be obtained from the Registrar. (8) Where the registration of a professional engineer is cancelled under section 26(2) or 50(2)( a ), the practising certificate (if any) of that professional engineer for the time being in force expires forthwith and the Registrar must enter the date of the expiry in the register of practitioners and remove from that register the name of that professional engineer. [27/2005] (9) Any person whose application for a practising certificate has been refused by the Board may, within 30 days after being notified of the refusal, appeal to the General Division of the High Court whose decision is final. [18 [40/2019]


document_id: pea-1991
provision_ref: s29
chapter: PART 5 - PRACTISING CERTIFICATES
section: 29
title: Cancellation of practising certificates
content:
29. —(1) The Board may cancel the practising certificate of any registered professional engineer on any ground specified in section 28(4) which applies to the registered professional engineer, whether or not that ground existed at the time the practising certificate was issued. (2) The Board must not cancel any practising certificate under subsection (1) unless an opportunity of being heard either personally or by counsel has been given to the person concerned. (3) Any person whose practising certificate has been cancelled by the Board under this section may, within 30 days after being notified of the cancellation, appeal to the General Division of the High Court whose decision is final. [19 [40/2019]


document_id: pea-1991
provision_ref: s30
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 30
title: Licence for multidiscipline and corporate practice
content:
30. —(1) Subject to the provisions of this Act, the Board may grant a licence to any limited corporation to supply professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore if — ( a ) the memorandum of association of the corporation provides that a primary object of the corporation is to supply such professional engineering services; ( b ) the paid-up capital of the corporation is not less than the amount prescribed by the Minister by notification in the Gazette ; ( c ) the articles of association of the corporation provide that at least a prescribed number or proportion of its directors must be registered professional engineers or allied professionals who each has in force a practising certificate; ( d ) the business of the corporation, so far as it relates to such professional engineering work in Singapore, will be under the control and management of a director of the corporation who — (i) is a registered professional engineer who has in force a practising certificate; and (ii) is authorised under a resolution of the board of directors of the corporation to make all final engineering decisions on behalf of the corporation with respect to the requirements of this Act, the rules or any other law relating to the supply of professional engineering services by the corporation; and ( e ) the corporation is insured against professional liability in accordance with section 34 and the rules. [4/95; 18/2003; 27/2005; 42/2005; 36/2017] (2) Subject to the provisions of this Act, the Board may grant a licence to any unlimited corporation to supply professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore if — ( a ) the memorandum of association of the corporation provides that a primary object of the corporation is to supply such professional engineering services; ( b ) the articles of association of the corporation provide that — (i) at least a prescribed number or proportion of its directors must be registered professional engineers or allied professionals who each has in force a practising certificate; and (ii) a person must not be registered as a member of that corporation unless the person is a director, a manager or an employee of the corporation; and ( c ) the business of the corporation, so far as it relates to such professional engineering work, will be under the control and management of a director of the corporation who — (i) is a registered professional engineer who has in force a practising certificate; (ii) is a member, or a registered owner of at least one share, of the corporation; and (iii) is authorised under a resolution of the board of directors of the corporation to make all final engineering decisions on behalf of the corporation with respect to the requirements of this Act, the rules or any other law relating to the supply of professional engineering services by the corporation. [4/95; 18/2003; 27/2005; 36/2017] (3) Subject to the provisions of this Act, the Board may grant to any partnership not consisting wholly of registered professional engineers a licence to supply professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore if — ( a ) the partnership is one in which only — (i) registered professional engineers who each has in force a practising certificate authorising him or her to engage in professional engineering work to which those services relate; and (ii) allied professionals who each has in force a practising certificate, have a beneficial interest in the capital assets and profits of the partnership; and ( b ) the business of the partnership, so far as it relates to such professional engineering work in Singapore, will be under the control and management of a partner who — (i) is a registered professional engineer; and (ii) has in force a practising certificate authorising the partner to engage in such professional engineering work. [18/2003; 27/2005; 36/2017] (4) Subject to the provisions of this Act, the Board may grant a licence to any limited liability partnership to supply professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore if — ( a ) the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 19(1) of the Limited Liability Partnerships Act 2005 provides that a primary nature of the business of the limited liability partnership is to supply such professional engineering services; ( b ) the partners in the limited liability partnership consist only of persons who satisfy any requirements that the Board may, with the approval of the Minister, prescribe; ( c ) at least one of the partners of the limited liability partnership is a registered professional engineer who has in force a practising certificate; ( d ) the business of the limited liability partnership, so far as it relates to such professional engineering work in Singapore, will be under the control and management of a partner who — (i) is a registered professional engineer who has in force a practising certificate; and (ii) is authorised under a resolution of the partners of the limited liability partnership to make all final engineering decisions on behalf of the limited liability partnership with respect to the requirements of this Act, the rules or any other law relating to the supply of professional engineering services by the limited liability partnership; and ( e ) the limited liability partnership is insured against professional liability in accordance with section 34 and the rules. [27/2005; 36/2017] (5) Any application for a licence under this section must be in such form and must be made in such manner as may be prescribed. (6) The Board may refuse to grant a licence under this section to any corporation (whether unlimited or not), partnership or limited liability partnership if, in the opinion of the Board, the past conduct of any director, manager or employee of the corporation or any partner, manager or employee of the partnership or limited liability partnership provides reasonable grounds for believing that the corporation, partnership or limited liability partnership (as the case may be) will not supply professional engineering services in accordance with any written law and with honesty and integrity. [27/2005] (7) Every licence granted under this section is, unless earlier revoked, valid for such period as may be specified in the licence. (8) Any person whose application for a licence has been refused by the Board may, within 30 days after being notified of the refusal, appeal to the Minister whose decision is final. (9) In subsections (1) and (2), “prescribed number or proportion of directors” means — ( a ) where no number or proportion is specified under paragraph ( b ) — a majority of the directors; or ( b ) where a number or proportion is specified by the Minister for the purposes of subsections (1) and (2) by notification in the Gazette — such number or proportion of directors as may for the time being be so specified. [20 [18/2003; 27/2005]


document_id: pea-1991
provision_ref: s31
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 31
title: Conditions of licence to practise
content:
31. —(1) It is a condition of every licence granted to any corporation, partnership or limited liability partnership that professional engineering services relating to any of the prescribed branches of professional engineering work to be supplied in Singapore by the corporation, partnership or limited liability partnership must be supplied by a professional engineer — ( a ) who is responsible for the professional engineering works; ( b ) who has in force a practising certificate authorising him or her to engage in professional engineering work to which those services relate; and ( c ) who is — (i) in the case of a corporation — a director or an employee of the corporation; (ii) in the case of a partnership — a partner or an employee of the partnership; (iii) in the case of a limited liability partnership — a partner or an employee of the limited liability partnership; or (iv) a specialist professional engineer engaged by a corporation or limited liability partnership under a contract for service to provide specialised engineering services relating to the prescribed branch of professional engineering work supplied by the corporation or limited liability partnership, as the case may be. [27/2005; 36/2017] (2) It is a condition of every licence granted to any corporation, other than an unlimited corporation, or to any limited liability partnership that the corporation or limited liability partnership (as the case may be) must not supply professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore unless the corporation or limited liability partnership is insured in respect of professional liability in accordance with section 34 and the rules. [27/2005; 36/2017] (3) Without affecting subsections (1) and (2), the Board may grant a licence subject to any other conditions that the Board thinks fit and may at any time vary any existing conditions (other than those specified in subsections (1) and (2)) of such a licence or impose additional conditions thereto. [27/2005] (4) Where the Board grants to a corporation, partnership or limited liability partnership a licence subject to conditions (other than those specified in subsections (1) and (2)), the corporation, partnership or limited liability partnership may, if aggrieved by the decision of the Board, appeal in the prescribed manner to the Minister whose decision is final. [21 [27/2005]


document_id: pea-1991
provision_ref: s32
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 32
title: Change in composition of board of directors, members, etc.
content:
32. —(1) Any licensed corporation must, within 30 days of the occurrence of — ( a ) any alteration of its memorandum or articles of association to remove the restrictions, limitations or prohibitions of the kind specified in section 30(1), (2) or (4), whichever is applicable; ( b ) any change in the composition of its board of directors, members or shareholders; or ( c ) any revocation of any resolution passed by the board of directors under section 30(1)( d )(ii) or (2)( c )(iii), provide the Board a true written report giving full particulars of the alteration or change. [18/2005] (2) Any licensed partnership must, within 30 days of the occurrence of any change in the composition of its members, provide the Board a true written report giving full particulars of the change. (3) Any licensed limited liability partnership must, within 30 days of the occurrence of any change in the composition of its partners, provide the Board a true written report giving full particulars of the change. [22 [27/2005]


document_id: pea-1991
provision_ref: s33
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 33
title: Application of Companies Act 1967
content:
33. —(1) Sections 162, 163 and 197 of the Companies Act 1967 apply to a licensed corporation which is an exempt private company subject to the modification that any reference in those sections to an exempt private company does not include a reference to the licensed corporation, and every such licensed corporation must — ( a ) comply with the prohibitions in sections 162 and 163 of the Companies Act 1967 as if it were not an exempt private company; and ( b ) forward annually to the Registrar of Companies, together with the annual return required by section 197 of the Companies Act 1967, any copies of documents that are required to be included in the annual return and any certificates and particulars in accordance with the prescribed form mentioned in section 197(2) of that Act as if it were not an exempt private company. [12/2002; 36/2014] (2) In this section, “exempt private company” has the meaning given by the Companies Act 1967. [23


document_id: pea-1991
provision_ref: s34
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 34
title: Liability insurance
content:
34. Every licensed corporation which is not an unlimited corporation and every licensed limited liability partnership must be insured against liability for any breach of professional duty arising out of the conduct of its business of supplying professional engineering services relating to any of the prescribed branches of professional engineering work as a direct result of any negligent act, error or omission committed by — ( a ) in the case of a corporation — the corporation or its directors, managers, secretaries or employees; or ( b ) in the case of a limited liability partnership — the limited liability partnership or its partners, managers or employees. [24 [27/2005; 36/2017]


document_id: pea-1991
provision_ref: s35
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 35
title: Relationship between client and licensed corporation or limited liability partnership
content:
35. A licensed corporation or a licensed limited liability partnership has the same rights and is subject to the same obligations in respect of fiduciary, confidential and ethical relationships with each client of the corporation or limited liability partnership (as the case may be) that exist at law between a registered professional engineer and his or her client. [25 [27/2005]


document_id: pea-1991
provision_ref: s36
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 36
title: Professional responsibility of supervising engineers
content:
36. A registered professional engineer who has the control and management of the business of a licensed corporation or limited liability partnership relating to the supply of professional engineering services in respect of any of the prescribed branches of professional engineering work in Singapore is subject to the same standards of professional conduct in respect of the business as if the professional engineering services were personally supplied by the registered professional engineer. [26 [18/2003; 27/2005; 36/2017]


document_id: pea-1991
provision_ref: s37
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 37
title: Revocation of licence
content:
37. —(1) Subject to subsection (4), the Board may by order revoke any licence it has granted to a corporation, partnership or limited liability partnership if, in the opinion of the Board — ( a ) the corporation, partnership or limited liability partnership has failed to comply with any condition imposed by the Board under section 31; ( b ) the memorandum or articles of association of the corporation have been so altered that they no longer include the restrictions, limitations or prohibitions of the kind specified in section 30(1) or (2), whichever applies; ( c ) a person who is neither — (i) a registered professional engineer who has in force a practising certificate; nor (ii) an allied professional who has in force a practising certificate, has a beneficial interest in the capital assets and profits of the partnership; ( d ) the limited liability partnership no longer satisfies the requirements of section 30(4); ( e ) the licence had been obtained by fraud or misrepresentation; ( f ) the corporation, partnership or limited liability partnership has stopped supplying professional engineering services in Singapore; ( g ) the corporation, partnership or limited liability partnership has contravened any provision of the prescribed code of professional conduct and ethics; ( h ) the corporation, partnership or limited liability partnership has contravened section 32, 33 or 34 or has been convicted of an offence under this Act; ( i ) the conduct of any director, manager or employee of the corporation, or any partner or employee of the partnership or limited liability partnership, provides grounds for believing that the corporation, partnership or limited liability partnership (as the case may be) will not supply professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore in accordance with any written law and with honesty and integrity; or ( j ) the corporation, partnership or limited liability partnership has refused or failed to comply with an order of the Board made under subsection (2). [27/2005; 36/2017] (2) The Board may, in any case in which it considers that no cause of sufficient gravity for revoking a licence exists — ( a ) by writing censure the corporation, partnership or limited liability partnership; or ( b ) by order impose on the corporation, partnership or limited liability partnership a penalty not exceeding $100,000. [36/2017] (3) Any penalty imposed under subsection (2)( b ) is to be collected, and may be sued for and recovered by the Board. [36/2017] (4) The Board must not exercise its powers under subsection (1) or (2) unless an opportunity of being heard by a representative in writing or by counsel has been given to the corporation, partnership or limited liability partnership against which the Board intends to exercise its powers. [27/2005] (5) Where the Board has revoked a licence under this section, the Registrar must serve on the corporation, partnership or limited liability partnership concerned a notice of the order made by the Board. [27/2005] (6) Any order by the Board revoking a licence or imposing a financial penalty does not take effect until the expiry of 30 days after the Board has served the order on the corporation, partnership or limited liability partnership concerned. [27/2005] (7) Where an order of revocation becomes effective — ( a ) the Registrar must cause notice of the revocation to be published in the Gazette and remove from the register of licensees the name and other particulars of the corporation, partnership or limited liability partnership concerned; and ( b ) the corporation, partnership or limited liability partnership concerned must, from the date of the notice, stop supplying professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore except as may be approved by the Board for the purpose of winding up its business. [27/2005; 36/2017] (8) Subsection (7)( b ) does not affect the enforcement by any person of any right or claim against the corporation, partnership or limited liability partnership or by the corporation, partnership or limited liability partnership of any right or claim against any person. [26A [27/2005]


document_id: pea-1991
provision_ref: s38
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 38
title: Appeal against order of Board
content:
38. —(1) If the Board has made — ( a ) an order of revocation of a licence under section 37 against a corporation, partnership or limited liability partnership; or ( b ) an order imposing any financial penalty on a licensed corporation, partnership or limited liability partnership under section 37(2), the corporation, partnership or limited liability partnership concerned may, within 30 days after being served with the notice of the order, appeal to the General Division of the High Court against the order, and the decision of the General Division of the High Court is final. [27/2005; 40/2019] (2) Where the corporation, partnership or limited liability partnership concerned has appealed to the General Division of the High Court against an order under section 37, the order does not take effect unless the order is confirmed by the General Division of the High Court or the appeal is for any reason dismissed by the General Division of the High Court or withdrawn. [27/2005; 40/2019] (3) Any corporation, partnership or limited liability partnership whose name has been removed from the register of licensees under section 37(7)( a ) must, if its appeal to the General Division of the High Court is allowed, be immediately reinstated without payment of any fee. [26B [27/2005; 40/2019]


document_id: pea-1991
provision_ref: s39
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 39
title: Appointment of Investigation Panel
content:
39. —(1) For the purpose of enabling Investigation Committees to be appointed under section 42, the Board must appoint a panel (called in this Act the Investigation Panel) consisting of — ( a ) not less than 10 but not more than 20 registered professional engineers of at least 10 years’ standing who are not members of the Board; and ( b ) not less than 5 but not more than 10 allied professionals or laypersons. [27/2005] (2) A member of the Investigation Panel is appointed for a term of 2 years and is eligible for re-appointment. [27/2005] (3) The Board may, at any time, revoke the appointment of any member of the Investigation Panel or fill any vacancy in its membership. [27 [27/2005]


document_id: pea-1991
provision_ref: s40
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 40
title: Complaints against registered professional engineers
content:
40. Any complaint or information concerning — ( a ) the conviction of a registered professional engineer of any offence involving fraud, dishonesty or moral turpitude, or implying a defect in character which makes him or her unfit for his or her profession; ( b ) any improper act or conduct of a registered professional engineer in his or her professional capacity which brings disrepute to his or her profession; ( c ) any contravention by a registered professional engineer of any provision of the prescribed code of professional conduct and ethics; ( d ) the ability of a registered professional engineer to carry out the duties of a professional engineer effectively in Singapore; or ( e ) any failure on the part of a registered professional engineer, while being a director, a manager or an employee of a licensed corporation, or a partner, a manager or an employee of a licensed partnership or limited liability partnership, to take reasonable steps to prevent the corporation, partnership or limited liability partnership from acting in a manner (other than as described in section 37(1)( f )) which would warrant the Board revoking any licence granted to the corporation, partnership or limited liability partnership or imposing a penalty under section 37(2), must be made to the Board in writing and must be supported by any statutory declaration that the Board may require, except that no statutory declaration is required if the complaint is made or given by any public officer or officer of the Board. [28 [27/2005; 36/2017]


document_id: pea-1991
provision_ref: s41
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 41
title: Review of complaints
content:
41. —(1) Subject to subsection (3), the Board must, upon receiving any complaint under section 40, refer the complaint to the Registrar for review. [27/2005] (2) The Board may also, on its own motion, refer any information concerning any improper or dishonourable act or conduct of a registered professional engineer to the Registrar for review. [27/2005] (3) The Board need not refer any complaint or information to the Registrar for review where the complaint or information relates to any matter set out in section 26(2), and in such a case, the Board may take any action that it thinks fit under that section. [27/2005] (4) The Registrar — ( a ) must review the complaint or information referred to him or her for the purpose of determining if there are sufficient merits therein to warrant the institution of disciplinary proceedings under this Part against the registered professional engineer concerned; and ( b ) may, for the purpose of conducting the review, enlist the assistance of any registered professional engineer, allied professional or layperson on the Investigation Panel. [27/2005] (5) In conducting a review under this section, the Registrar may require the complainant (if any) or the registered professional engineer concerned to answer any question or to provide any document or information that the Registrar considers relevant for the purpose of the review. [27/2005] (6) On the completion of a review under this section, the Registrar must — ( a ) dismiss the complaint or information, if the Registrar finds that the complaint is frivolous, vexatious, misconceived or without merits, or that the information is unsubstantiated; ( b ) in a case where the complaint or information relates to the conviction (whether in Singapore or elsewhere) of the registered professional engineer of an offence that — (i) involves fraud or dishonesty; or (ii) implies a defect in character which makes the registered professional engineer unfit for his or her profession, recommend to the Board to refer the matter to a Disciplinary Committee for a formal inquiry; and ( c ) in any other case, recommend to the Board to refer the matter to an Investigation Committee for an inquiry. [27/2005] (7) The Board may, upon accepting the recommendation of the Registrar under subsection (6)( b ) or ( c ), appoint an Investigation Committee or a Disciplinary Committee (as appropriate) and refer the matter thereto for an inquiry or a formal inquiry, as the case may be. [29 [27/2005]


document_id: pea-1991
provision_ref: s42
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 42
title: Appointment of Investigation Committee
content:
42. —(1) The Board may appoint one or more Investigation Committees comprising — ( a ) a chairperson who is a member of the Board; ( b ) 2 members of the Investigation Panel who are registered professional engineers; and ( c ) a member of the Investigation Panel who is an allied professional or a layperson, to inquire into any complaint or information received by the Board under section 40. [27/2005] (2) A member of the Investigation Panel who has assisted the Registrar in reviewing any complaint or information under section 41(4)( b ) must not be a member of an Investigation Committee inquiring into the same matter. [27/2005] (3) An Investigation Committee may be appointed in connection with one or more matters or for a fixed period of time, as the Board thinks fit. [27/2005] (4) The Board may, at any time, revoke the appointment of the chairperson or any member of an Investigation Committee or fill any vacancy in an Investigation Committee. [27/2005] (5) No act done by or under the authority of an Investigation Committee is invalid because of any defect that is subsequently discovered in the appointment or qualification of the chairperson or members or any of them. [27/2005] (6) The chairperson of an Investigation Committee must, even though he or she has ceased to be a member of the Board on the expiry of his or her term of office, continue to be the chairperson of the Investigation Committee until the Investigation Committee has completed its work. [27/2005] (7) A member of an Investigation Committee must, even though he or she has ceased to be a member of the Investigation Panel on the expiry of his or her term of office, continue to be a member of the Investigation Committee until the Investigation Committee has completed its work. [30 [27/2005]


document_id: pea-1991
provision_ref: s43
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 43
title: Powers and procedure of Investigation Committee
content:
43. —(1) For the purposes of any inquiry, an Investigation Committee may require any person — ( a ) to attend at a specified time and place and give evidence before the Investigation Committee; and ( b ) to produce all books, documents and papers in the custody, or under the control, of the person which may be related to or be connected with the subject matter of the inquiry. [27/2005] (2) Any person who, without lawful excuse — ( a ) refuses or fails to comply with any requirement of the Investigation Committee under subsection (1); or ( b ) refuses to answer or gives a false answer to any question put to the person by a member of the Investigation Committee, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [27/2005] (3) Subject to the rules, an Investigation Committee has the power to regulate its own procedure for an inquiry. [27/2005] (4) An Investigation Committee must complete its inquiry not later than 3 months from the date on which the matter to be inquired into is referred to it, unless the Board, on application of the Investigation Committee, allows otherwise. [31 [27/2005]


document_id: pea-1991
provision_ref: s44
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 44
title: Findings of Investigation Committee
content:
44. Upon due inquiry into any complaint or information, an Investigation Committee must report its findings to the Board and recommend to the Board to do any of the following: ( a ) order that the complaint or information be dismissed; ( b ) order that the registered professional engineer be issued a letter of advice or a letter of warning; ( c ) order that a formal inquiry be held by a Disciplinary Committee; ( d ) make any other order that the Investigation Committee considers appropriate. [31A [27/2005]


document_id: pea-1991
provision_ref: s45
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 45
title: Decision of Board
content:
45. —(1) Upon receiving the findings and recommendation of an Investigation Committee, the Board may — ( a ) accept the recommendation and make the recommended order; ( b ) refer the matter back to the Investigation Committee for further inquiry; or ( c ) make any other order that the Board thinks fit. [27/2005] (2) The Board must not — ( a ) issue any letter of advice or letter of warning to a registered professional engineer in accordance with the recommendation of the Investigation Committee under section 44( b ); or ( b ) make any other order against the registered professional engineer in accordance with the recommendation of the Investigation Committee under section 44( d ), unless the Board is satisfied that the Investigation Committee had allowed the registered professional engineer concerned an opportunity of being heard either personally or by counsel during the inquiry. [27/2005] (3) The Board must notify the person who made the complaint or gave the information (if any) of its decision. [27/2005] (4) A registered professional engineer who is aggrieved by any advice or order of the Board, being an advice or order mentioned in section 44( b ) or ( d ) may, within 30 days of being notified of the decision of the Board, appeal to the Minister whose decision is final. [27/2005] (5) Where the person who made the complaint or gave the information to the Board is dissatisfied with the decision of the Board under section 44( a ), ( b ) or ( d ), the person may, within 30 days of being notified of the decision, appeal to the Minister whose decision is final. [27/2005] (6) The Minister may, in relation to an appeal under subsection (4) or (5), make — ( a ) an order affirming the decision of the Board; ( b ) an order directing a formal inquiry to be held by a Disciplinary Committee; or ( c ) any other order that the Minister thinks fit. [31B [27/2005]


document_id: pea-1991
provision_ref: s46
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 46
title: Appointment of Disciplinary Committee
content:
46. —(1) The Board may appoint one or more Disciplinary Committees to formally inquire into — ( a ) any complaint or information in respect of which the Board or the Minister has, under section 45, ordered that a formal inquiry be held by a Disciplinary Committee; or ( b ) any matter referred to the Board under section 41(6)( b ). [27/2005] (2) A Disciplinary Committee must comprise not less than 3 registered professional engineers of at least 10 years’ standing, of whom at least 2 must be members of the Board. [27/2005] (3) A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time, as the Board thinks fit. [27/2005] (4) The chairperson or a member of an Investigation Committee which inquired into any complaint or information must not be a member of a Disciplinary Committee inquiring into the same matter. [27/2005] (5) The Board must appoint a member of a Disciplinary Committee to be the chairperson of the Disciplinary Committee. [27/2005] (6) The Board may, at any time, revoke the appointment of any Disciplinary Committee or any member thereof, or fill any vacancy in a Disciplinary Committee. [27/2005] (7) No act done by or under the authority of a Disciplinary Committee is invalid because of any defect that is subsequently discovered in the appointment or qualification of the members or any of them. [27/2005] (8) A member of a Disciplinary Committee must, even though he or she has ceased to be a member of the Board on the expiry of his or her term of office, continue to be a member of the Disciplinary Committee until the Disciplinary Committee has completed its work. [31C [27/2005]


document_id: pea-1991
provision_ref: s47
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 47
title: Observer
content:
47. —(1) The Board must appoint a member of the Investigation Panel who is an allied professional or a layperson as an observer of the proceedings of a Disciplinary Committee, except that the person appointed must not have assisted the Registrar in reviewing any complaint or information under section 41(4)( b ) or been a member of the Investigation Committee which had inquired into the same matter. [27/2005] (2) The observer must not vote on any question or matter to be decided by the Disciplinary Committee and need not be present at every meeting of the Disciplinary Committee. [31D [27/2005]


document_id: pea-1991
provision_ref: s48
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 48
title: Professional engineer to be notified of inquiry
content:
48. —(1) Before a Disciplinary Committee commences its formal inquiry into any complaint or information referred to it, the Registrar must serve on the registered professional engineer concerned a notice of the formal inquiry. [27/2005] (2) An inquiry must not be fixed on a date earlier than 21 days after the date of the notice of inquiry except with the agreement of the registered professional engineer. [27/2005] (3) On application to the Disciplinary Committee, the registered professional engineer may request to postpone the formal inquiry, and the Disciplinary Committee may grant the application and postpone the formal inquiry to a date that it may determine, or refuse the application. [31E [27/2005]


document_id: pea-1991
provision_ref: s49
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 49
title: Powers and procedure of Disciplinary Committee
content:
49. —(1) For the purposes of a formal inquiry, a Disciplinary Committee may require any person — ( a ) to attend at a specified time and place and give evidence before the Disciplinary Committee; and ( b ) to produce all books, documents and papers in the custody, or under the control, of the person which may be related to or be connected with the subject matter of the formal inquiry. [27/2005] (2) Any person who, without lawful excuse — ( a ) refuses or fails to comply with any requirement of the Disciplinary Committee under subsection (1); or ( b ) refuses to answer or gives a false answer to any question put to the person by a member of the Disciplinary Committee, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [27/2005] (3) The Disciplinary Committee — ( a ) is not bound to act in any formal manner and is not bound by the provisions of the Evidence Act 1893 or by any other written law relating to evidence, but may inform itself on any matter in any manner that it thinks fit; ( b ) may administer an oath or affirmation to any person giving evidence before it; and ( c ) may, subject to the rules, regulate its own procedure for a formal inquiry. [27/2005] (4) Any party to the proceedings before a Disciplinary Committee may take out subpoenas to testify or to produce documents, and the subpoenas must be served and may be enforced as if they were orders to attend court or orders to produce documents issued in connection with a civil action in the General Division of the High Court. [42/2005; 40/2019] [Act 25 of 2021 wef 01/04/2022] (5) Any person giving evidence before a Disciplinary Committee is legally bound to tell the truth. [27/2005] (6) Persons giving evidence in a formal inquiry have the same privileges and immunities in relation to an inquiry as if it were a proceeding in a court of law. [27/2005] (7) The Board may appoint an advocate and solicitor for the purpose of a formal inquiry (whether to prosecute the complaint or to act as a legal advisor to the Disciplinary Committee) and pay to the advocate and solicitor, as part of the expenses of the Board, any remuneration that the Board may determine. [27/2005] (8) A Disciplinary Committee must complete its inquiry not later than 6 months from the date of its appointment, unless the Board, on application of the Disciplinary Committee, allows otherwise. [27/2005] (9) In sections 172 to 175, 177, 179, 182 and 228 of the Penal Code 1871, “public servant” is deemed to include a member of a Disciplinary Committee holding a formal inquiry, and in sections 193 and 228 of the Penal Code 1871, “judicial proceeding” is deemed to include such a formal inquiry. [31F [27/2005]


document_id: pea-1991
provision_ref: s50
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 50
title: Findings of Disciplinary Committee
content:
50. —(1) Where, upon due inquiry into a complaint or matter, a Disciplinary Committee is satisfied that the registered professional engineer concerned — ( a ) has been convicted of any offence involving fraud, dishonesty or moral turpitude, or such defect in character which makes him or her unfit for his or her profession; ( b ) has been guilty of any improper act or conduct which, in the opinion of the Disciplinary Committee, brings disrepute to his or her profession; ( c ) has contravened any provision of the prescribed code of professional conduct and ethics; ( d ) is no longer in a position to carry out the duties of a registered professional engineer effectively in Singapore; or ( e ) while being a director, a manager or an employee of a licensed corporation, or a partner, a manager or an employee of a licensed partnership or limited liability partnership, had failed to take reasonable steps to prevent the corporation, partnership or limited liability partnership from acting in a manner (other than as described in section 37(1)( f )) which would warrant the Board revoking any licence granted to the corporation, partnership or limited liability partnership or imposing a penalty under section 37(2), the Disciplinary Committee may exercise one or more of the powers mentioned in subsection (2). [27/2005; 36/2017] (2) The powers that the Disciplinary Committee may exercise for the purposes of subsection (1) are as follows: ( a ) by order direct the Registrar to remove the name of the registered professional engineer from the register of professional engineers; ( b ) by order suspend the registered professional engineer from practice for a period of not more than 2 years; ( c ) by order impose on the registered professional engineer a penalty not exceeding $50,000; ( d ) by writing censure the registered professional engineer; and ( e ) make any other order that the Disciplinary Committee thinks fit. [27/2005; 36/2017] (3) In addition to its powers under subsection (2), the Disciplinary Committee may order the registered professional engineer concerned to pay to the Board a sum, not exceeding $50,000, that the Disciplinary Committee thinks fit in respect of the costs and expenses of and incidental to any proceedings against him or her under this Part. [27/2005; 36/2017] (4) Where the Disciplinary Committee finds that the registered professional engineer has not been convicted or guilty of any of the matters mentioned in subsection (1)( a ) to ( e ), the Disciplinary Committee must order that the complaint or information be dismissed. [27/2005] (5) The costs and expenses mentioned in subsection (3) include — ( a ) the costs and expenses of any advocate and solicitor appointed by the Board for proceedings before the Disciplinary Committee; ( b ) any reasonable expenses that the Board may pay to witnesses; and ( c ) any reasonable expenses that are necessary for the conduct of proceedings before the Disciplinary Committee, and the General Division of the High Court has jurisdiction to tax those costs and any such order for costs is enforceable as if it were made in connection with a civil action in the General Division of the High Court. [27/2005; 40/2019] (6) The Registrar must serve on the registered professional engineer concerned a notice of the order made by the Disciplinary Committee. [27/2005] (7) Subject to subsection (8), an order mentioned in subsection (2) does not take effect until the expiry of 30 days after the order is made. [27/2005] (8) On making an order mentioned in subsection (2)( a ) or ( b ), the Disciplinary Committee, if satisfied that removing the name of the registered professional engineer concerned from the register of professional engineers or suspending him or her from practice (as the case may be) is necessary for the protection of members of the public or would be in the best interests of the registered professional engineer, may order that the Registrar immediately remove his or her name from the register or suspend him or her from practice, as the case may be. [27/2005] (9) An order under subsection (8) takes effect from the time the order is made. [27/2005] (10) While any order of suspension from practice made under subsection (2)( b ) remains in force, the person to whom the order applies is not, for the purposes of this Act, to be regarded as having in force a practising certificate, but immediately on the expiry or annulment of such order, his or her privileges under this Act are revived as from the date of expiry or annulment. [27/2005] (11) For the purposes of subsection (1)( e ), a registered professional engineer is not to be deemed to have taken reasonable steps to prevent the doing of any act by a licensed corporation, partnership or limited liability partnership unless he or she satisfies the Disciplinary Committee that — ( a ) the act was done without his or her knowledge; ( b ) he or she was not in a position to influence the conduct of the corporation, partnership or limited liability partnership in relation to its action; or ( c ) he or she, being in such a position, exercised all due diligence to prevent the corporation, partnership or limited liability partnership from so acting. [27/2005] (12) In this section, references to acts done by a licensed corporation, partnership or limited liability partnership include references to omissions to act and to a series of acts or omissions to act. [27/2005] (13) Every penalty imposed under an order by a Disciplinary Committee under subsection (2) is recoverable as a debt due to the Board. [31G [27/2005]


document_id: pea-1991
provision_ref: s51
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 51
title: Appeal against order by Disciplinary Committee
content:
51. —(1) Any person aggrieved by a decision of the Disciplinary Committee mentioned in section 50(2), (3) or (4) may, within 30 days after the notice of the order is served on the person, appeal to the General Division of the High Court against the order. [27/2005; 40/2019] (2) There is no appeal from the decision of the General Division of the High Court. [27/2005; 40/2019] (3) In any appeal to the General Division of the High Court against a decision mentioned in section 50(2), (3) or (4), the General Division of the High Court is to accept as final and conclusive any finding of the Disciplinary Committee relating to any issue of ethics or standards of professional conduct unless such finding is in the opinion of the General Division of the High Court unsafe, unreasonable or contrary to the evidence. [27/2005; 40/2019] (4) Despite anything in section 50, where a person has appealed to the General Division of the High Court against an order mentioned in section 50(2) or (3), the order does not take effect unless the order is confirmed by the General Division of the High Court or the appeal is for any reason dismissed by the General Division of the High Court or withdrawn. [31H [27/2005; 40/2019]


document_id: pea-1991
provision_ref: s52
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 52
title: Conviction final and conclusive
content:
52. In any proceedings under this Part in relation to the conviction of a registered professional engineer for a criminal offence, the Minister, the Board, an Investigation Committee, a Disciplinary Committee, and the General Division of the High Court on appeal from any order of a Disciplinary Committee, must accept his or her conviction as final and conclusive. [31I [27/2005; 40/2019]


document_id: pea-1991
provision_ref: s53
chapter: PART 7 - DISCIPLINARY PROCEEDINGS
section: 53
title: Service of documents
content:
53. Any notice, order or document required or authorised to be served under this Part is deemed to be sufficiently served — ( a ) by delivering a copy thereof personally or by leaving it with some adult person at the last known place of residence or business of the person on whom it is to be served; or ( b ) by sending it by registered post addressed to the person on whom the notice is to be served at the person’s address as stated in the appropriate register. [31J [27/2005]


document_id: pea-1991
provision_ref: s54
chapter: PART 8 - GENERAL
section: 54
title: Investigators
content:
54. —(1) The Board may, in writing, appoint a member or an employee of the Board, a public officer or any other person as an investigator, subject to any conditions and limitations that the Board may specify, to investigate the commission of an offence under this Act. [36/2017] (2) An investigator may, for the purposes of subsection (1) — ( a ) by order in writing require any person — (i) to provide any information within the person’s knowledge; (ii) to produce any document or other record, or any article or thing which may be in the person’s custody or possession and which may be related to or connected with the subject matter of the investigation for inspection by the investigator and for making copies, or to provide copies of such document or other record; and (iii) if necessary, to attend at a specified time and place for the purpose of complying with sub‑paragraph (i) or (ii); ( b ) by order in writing require the attendance before the investigator of any person who, from any information given or otherwise, appears to be acquainted with the facts and circumstances of the matter under investigation; and ( c ) examine orally any person apparently acquainted with the facts and circumstances of the matter under investigation, and to reduce into writing the answer given or statement made by that person who is bound to state truly the facts and circumstances with which the person is acquainted, and the statement made by that person must be read over to the person and must, after correction (if necessary), be signed by the person. [36/2017] (3) An investigator may apply to a Magistrate for a search warrant relating to any premises if the investigator has reasonable cause to believe that evidence of the commission of an offence under this Act can be found in the premises. [36/2017] (4) The Magistrate may issue a search warrant if satisfied that there are reasonable grounds to do so. [36/2017] (5) A search warrant issued under subsection (4) authorises the investigator to whom it is directed to enter and search the premises referred to in the warrant and to do all or any of the following: ( a ) inspect and make copies of, or take extracts from, or require any person or the person having the management or control of the premises to provide copies of or extracts from, any document, record or electronic material relating to the affairs of the premises or services provided at the premises; ( b ) take any photographs or video recording that the investigator thinks necessary to record the premises or part of the premises, including any instrument, article, document or record found on the premises; ( c ) seize and remove from the premises any record, document, or any other material which the investigator reasonably believes to be the subject matter of, or to be connected with, an investigation under subsection (1). [36/2017] (6) Any person who — ( a ) intentionally offers any resistance to or wilfully delays an investigator in the exercise of any power under subsection (2) or pursuant to a search warrant issued under subsection (4); or ( b ) fails to comply with any requisition or order of an investigator under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [31K [36/2017]


document_id: pea-1991
provision_ref: s55
chapter: PART 8 - GENERAL
section: 55
title: Application of fees, etc., received by Board
content:
55. —(1) All fees payable under this Act must be paid to the Board to be applied — ( a ) first, to defraying expenses of registration and other expenses of the administration of this Act, including any expenses of the Board that may be allowed under any rules; and ( b ) thereafter, to providing scholarships and the promotion of learning and education in connection with engineering. (2) The Registrar must take and receive all moneys payable to the Board under this Act. (3) All fees and other moneys payable to the Board under this Act must be paid forthwith into a bank account approved by the Board. (4) The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [32 [45/2004]


document_id: pea-1991
provision_ref: s56
chapter: PART 8 - GENERAL
section: 56
title: Financial penalties payable into Consolidated Fund
content:
56. All financial penalties collected by the Board under this Act must be paid into the Consolidated Fund. [33 [36/2017]


document_id: pea-1991
provision_ref: s57
chapter: PART 8 - GENERAL
section: 57
title: Public servants
content:
57. Every member and employee of the Board is, in relation to his or her administration, assessment, collection and enforcement of payment of any financial penalty imposed under this Act, taken to be a public officer for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to each of these persons even though he or she is not or was not in the employment of the Government. [33A [36/2017]


document_id: pea-1991
provision_ref: s58
chapter: PART 8 - GENERAL
section: 58
title: Penalty for wilful falsification of register and for wrongfully procuring registration, etc.
content:
58. Any person who — ( a ) wilfully makes or causes to be made any false entry in or falsification of any register kept and maintained under this Act; ( b ) wilfully procures or attempts to procure — (i) for any corporation, partnership or limited liability partnership any licence; or (ii) for himself or herself or any other person a practising certificate or to be registered as a professional engineer under this Act, by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing, or by intentionally suppressing any material fact and providing information which is misleading; or ( c ) knowingly aids or assists in any of the acts mentioned in paragraph ( a ) or ( b ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [34 [27/2005]


document_id: pea-1991
provision_ref: s59
chapter: PART 8 - GENERAL
section: 59
title: Offences by corporations
content:
59. —(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. [36/2017] (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 is 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. [36/2017] (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. [36/2017] (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. [36/2017] (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. [36/2017] (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “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. [35 [36/2017]


document_id: pea-1991
provision_ref: s60
chapter: PART 8 - GENERAL
section: 60
title: Offences by unincorporated associations or partnerships
content:
60. —(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 the 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. [36/2017] (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 who is 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. [36/2017] (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. [36/2017] (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. [36/2017] (5) To avoid doubt, subsection (2) also does not affect the liability of the unincorporated association or partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. [36/2017] (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. [35A [36/2017]


document_id: pea-1991
provision_ref: s61
chapter: PART 8 - GENERAL
section: 61
title: Rules
content:
61. —(1) The Board may, with the approval of the Minister, make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed. (2) Without limiting subsection (1), the Board may, with the approval of the Minister, make rules — ( a ) prescribing forms of applications under this Act and certificates of registration, practising certificates and licences; ( b ) prescribing the fees payable under this Act; ( c ) prescribing the subject matter of examinations to be conducted by or under the direction of the Board in the case of any applicant or class of applicants for registration; ( d ) prescribing the form of the register of professional engineers, register of practitioners and register of licensees to be kept and the particulars to be entered therein; ( e ) prescribing a code of professional conduct and ethics; ( f ) requiring all or any of the following to take out and maintain insurance against liability for breach of professional duty in the course of supplying professional engineering services: (i) any partnership consisting wholly of registered professional engineers; (ii) any partnership or unlimited corporation applying for a licence; (iii) any registered professional engineer applying for a practising certificate for the purpose of engaging in professional engineering practice on his or her own account; (iv) any registered professional engineer applying for a practising certificate who is employed or about to be employed by any person or body referred to in sub‑paragraphs (i) to (iii); (v) any other registered professional engineer applying for a practising certificate; ( g ) prescribing the terms and conditions of insurance against professional liability under this Act or rules, including a minimum limit of indemnity; and ( h ) generally providing for any other matters that may be necessary or expedient for carrying out the provisions of this Act. (3) All rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [36


document_id: pea-1991
provision_ref: s62
chapter: PART 8 - GENERAL
section: 62
title: Exemption
content:
62. —(1) The Minister may, by order and subject to any conditions that the Minister thinks fit, exempt any person or class of persons from all or any of the provisions of this Act. (2) Any order made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [37


document_id: pea-1991
provision_ref: s63
chapter: PART 8 - GENERAL
section: 63
title: No action in absence of bad faith or malice
content:
63. No action or proceedings shall lie against the Board, any committee appointed by the Board under this Act, or any member thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice. [38 [27/2005]


document_id: pea-2009
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “advertisement” includes any notice, circular, pamphlet, brochure, prospectus, programme or other document, and any announcement, notification or intimation, to the public or any section thereof or to any person or persons, made — ( a ) orally or in writing; ( b ) by means of any poster, placard, notice or other document affixed, posted or displayed on any wall, billboard or hoarding or on any other object or thing; ( c ) by means of sound broadcast, television, the Internet or other media; or ( d ) in any other form or manner whatsoever; “Agency” means the SkillsFuture Singapore Agency established by section 3 of the SkillsFuture Singapore Agency Act 2016; “Appeals Board” means the Appeals Board constituted under section 24; “award”, in relation to a private education institution, includes the conferment of any degree, diploma or certificate by the private education institution, whether on its own behalf or otherwise; “body corporate” includes a limited liability partnership; “Chief Executive” means the Chief Executive of the Agency appointed under section 38 of the SkillsFuture Singapore Agency Act 2016 and includes any person acting in that capacity; “company” has the meaning given by section 4(1) of the Companies Act 1967; “course”, in relation to a private education institution, means a course of study or training programme offered or provided by the private education institution; “course money” means money that a private education institution receives, directly or indirectly, from — ( a ) a student, or a person (whether within or outside Singapore) who intends to become or who has taken any steps towards becoming a student (called in this Act an intending student); or ( b ) another person who pays the money on behalf of the student or intending student, for a course that the private education institution is providing or offering to provide to the student or intending student; “director” has the meaning given by section 4(1) of the Companies Act 1967; “education” includes instruction, training or teaching; “education institution” means any person that offers to provide, or provides, education, whether by itself or in association or collaboration with or by affiliation with any other person; “examination service”, in relation to any private education institution, means any test, examination or other method of assessing the level of proficiency, aptitude, skill, knowledge or understanding of a person attending or enrolled in any course provided by the private education institution; “inspector” means an inspector appointed by the Agency under section 29(1); “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “manager” — ( a ) in relation to a private education institution that is a body corporate, means any director, partner or member of its board or committee of management which is responsible for the management of the affairs of the body corporate, or other similar officer of the body corporate, and includes any person in accordance with whose directions, instructions or wishes those directors, partners or other members (as the case may be) are accustomed or under an obligation, whether formal or informal, to act; ( b ) in relation to a private education institution that is an unincorporated association (other than a partnership), means any member of the governing body of the unincorporated association which is responsible for the management of the affairs of the unincorporated association, or any person holding a position analogous to that of member of such a governing body; ( c ) in relation to a private education institution that is a partnership, means any partner of the partnership; or ( d ) in relation to a private education institution that is a sole‑proprietorship, means the sole‑proprietor; “partner” includes any person purporting to act as a partner; “partnership” includes a limited partnership within the meaning of the Limited Partnerships Act 2008; “premises”, in relation to a private education institution (whether registered or unregistered) or a proposed private education institution, means any building, enclosure, ground, open‑air space or other place used or to be used by the private education institution or proposed private education institution in connection with the provision of private education; “prescribed dispute resolution scheme” means a dispute resolution scheme that is prescribed under section 37; “private education” has the meaning given to it in the Schedule; “private education institution” means — ( a ) any person that offers to provide or provides private education whether in Singapore or elsewhere, whether or not the person offers to provide or provides the private education — (i) for profit; (ii) together with other education; or (iii) by itself or in association or collaboration with or by affiliation with any other person; and ( b ) any school registered under the Education Act 1957 which receives a grant‑in‑aid or subvention extended by the Government to aided schools as is specified by the Minister in a notification published in the Gazette , but does not include any private education institution that the Minister declares, by notification in the Gazette , to be excluded from this definition, after having regard to the association, collaboration with or affiliation of the private education institution with any school registered under the Education Act 1957; “registered private education institution” means any private education institution that is registered under Part 3; “registered society” means a society registered or deemed to be registered under the Societies Act 1966; “renovation works” means any structural or non-structural additions and alterations carried out to any premises, but does not include repairs and maintenance works; “Scheme” means a voluntary accreditation or certification scheme established or maintained under section 22(1); “student”, in relation to an education institution, means a person who receives, or is enrolled in the education institution to receive, education offered or provided by the education institution; “teacher” means a person who teaches students of an education institution, or who prepares or issues lessons or corrects written answers; “unregistered private education institution” means any private education institution that is not, or that ceases to be, a registered private education institution, but does not include an education institution which is exempted under section 41 from registration under Part 3. [24/2016]


document_id: pea-2009
provision_ref: s4
chapter: PART 2 - ADMINISTRATION OF ACT
section: 4
title: Functions of Agency
content:
4. —(1) Without affecting section 5 of the SkillsFuture Singapore Agency Act 2016, it is the function of the Agency under this Act — ( a ) to register persons who provide or offer to provide private education in Singapore or elsewhere, and to assess and reassess them from time to time; ( b ) to otherwise regulate persons who offer or provide any service relating, directly or indirectly, to private education; ( c ) to promote and facilitate the development of the private education sector in Singapore; ( d ) to establish or support accreditation or certification schemes and other measures to enhance the standards of the private education industry or the education industry in Singapore generally; ( e ) to facilitate the improvement of private education in Singapore of these courses; and ( f ) to facilitate public availability of meaningful and accurate information relating to — (i) registered private education institutions and persons regulated under this Act, including their compliance with the requirements of this Act; (ii) access of students or prospective students to dispute resolution processes; and (iii) the private education industry in Singapore. [24/2016] (2) In discharging its functions under this Act, the Agency is to have regard — ( a ) to the financial capability, and the adequacy and quality of the staffing and resources, of any registered private education institution to achieve the stated outcomes for the students who take the courses at the institution; ( b ) to ensuring that minimum standards are maintained by providers of private education that the Agency has registered; ( c ) to securing the availability of meaningful and accurate information to the public about — (i) courses offered by registered private education institutions and the conditions attaching to enrolment in the courses, to enable prospective students to make informed decisions about enrolling in the courses; and (ii) registered private education institutions and their compliance with the requirements of this Act; and ( d ) to ensuring access of students to timely and appropriate dispute resolution processes, in particular overseas students, having regard especially to their status as persons only temporarily in Singapore. [24/2016]


document_id: pea-2009
provision_ref: s5
chapter: PART 2 - ADMINISTRATION OF ACT
section: 5
title: Committee for Private Education
content:
5. Without affecting section 34 of the SkillsFuture Singapore Agency Act 2016, the Agency may appoint a committee, to be known as the Committee for Private Education, to which the Agency may delegate the exercise of any of its powers under this Act. [24/2016]


document_id: pea-2009
provision_ref: s6
chapter: PART 2 - ADMINISTRATION OF ACT
section: 6
title: Financial penalties, etc., payable to Consolidated Fund
content:
6. —(1) All financial penalties imposed under section 21 or 37, and all composition sums collected under section 40, must be paid into the Consolidated Fund. [24/2016] (2) All fees and other moneys collected under this Act must be paid to the Agency. [24/2016]


document_id: pea-2009
provision_ref: s7
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 7
title: Requirement for registration
content:
7. —(1) Subject to the provisions of this Act, a person in Singapore must not — ( a ) offer to provide or provide private education, whether in Singapore or elsewhere; or ( b ) award any degree, diploma or certificate (including any honorary degree or other distinctions) in respect of private education, whether offered or provided in Singapore or elsewhere, unless the person is a registered private education institution. (2) Any person who contravenes subsection (1) shall be guilty of an offence. (3) Any person who knowingly assists in the provision of private education by an unregistered private education institution shall be guilty of an offence. (4) The Agency may take any measures that it thinks necessary to secure the closure of any unregistered private education institution, including but not limited to — ( a ) the use of such force or assistance as may be necessary to remove therefrom any person who is in the premises in the possession or control of the unregistered private education institution; and ( b ) the sealing of all or any of the entrances to or exits from such premises. [24/2016] (5) The expenses reasonably incurred by the Agency in the exercise of its powers under subsection (4) and any other reasonable expenses that may be incidental to the exercise of its powers are recoverable by the Agency as a civil debt from the manager or managers (as the case may be) of the unregistered private education institution; and every manager of such an unregistered private education institution is to be jointly and severally liable to the Agency for those expenses. [24/2016] (6) Without affecting subsection (4) or (5) or any other power vested in the Agency under this Act, the Agency may, by written direction addressed to the managers of an unregistered private education institution, direct that the unregistered private education institution refund each student thereof, within the time that may be specified in the direction, the whole of the course money the unregistered private education institution received in respect of the student. [24/2016] (7) Subsection (6) applies despite anything contained in the agreement or contract between the unregistered private education institution and the students concerned. (8) Where any written direction issued by the Agency under subsection (6) is not complied with, the unregistered private education institution and every manager thereof to whom the direction is addressed shall each be guilty of an offence. [24/2016] (9) Subject to subsection (7), it is a defence for any person charged with an offence under subsection (8) to prove that the person had a reasonable excuse for failing to comply with the written direction of the Agency under subsection (6). [24/2016] (10) Subject to the provisions of this Act, no person is entitled to recover in any court any charge, course money or remuneration for any private education provided in Singapore unless the person providing the private education is registered under this Act to provide the private education and the person did so in accordance with the permission of the Agency under section 16 required for the course. [34 [24/2016]


document_id: pea-2009
provision_ref: s8
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 8
title: Application for grant or renewal of registration
content:
8. —(1) Every application for the grant or renewal of the registration of a private education institution — ( a ) must be made by a manager of the private education institution (called in this section the applicant) to the Agency in such form and manner, and within such time, as may be prescribed; ( b ) must be accompanied by the prescribed fee; and ( c ) may be accompanied by an application to the Agency for the waiver of any of the requirements imposed under this Act for the registration of private education institutions or the renewal thereof. [24/2016] (2) The Agency may require the applicant making an application under subsection (1) to furnish it with such information or documents as the Agency considers necessary in relation to the application. [24/2016] (3) Where the applicant fails to furnish the Agency with any information or document required under subsection (2) in relation to his or her application within the time specified by the Agency — ( a ) the application is deemed to have been withdrawn; and ( b ) where the application is accompanied by an application for the waiver of any of the requirements imposed under this Act for the registration of private education institutions or the renewal thereof, the application for waiver is also deemed to have been withdrawn. [35 [24/2016]


document_id: pea-2009
provision_ref: s9
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 9
title: Grant or renewal of registration
content:
9. —(1) The Agency may, upon receiving an application made under section 8(1) for the grant or renewal of the registration of a private education institution, and after any inquiry that it may think necessary — ( a ) if the application is accompanied by an application for the waiver of any of the requirements imposed under this Act for the registration or renewal of registration of private education institutions — (i) grant or renew (as the case may be) the registration of the private education institution subject to such terms and conditions as it thinks fit, after waiving all or any of the requirements imposed under this Act for the registration or renewal of registration of private education institutions that is the subject of the application for waiver; or (ii) refuse to waive all or any of the requirements imposed under this Act for the registration or renewal of registration of private education institutions that is the subject of the application for waiver and refuse to grant or renew (as the case may be) the registration of the private education institution because of section 10; or ( b ) in any other case — (i) grant or renew (as the case may be) the registration of the private education institution subject to such terms and conditions as it thinks fit; or (ii) refuse to grant or renew (as the case may be) the registration of the private education institution because of section 10. [24/2016] (2) Every registration of a private education institution, and every renewal thereof, is for the period that may be specified by the Agency. [24/2016] (3) Without limiting subsection (1)( a )(i) and ( b )(i), the terms and conditions subject to which the Agency registers a private education institution may provide that except with the prior written approval of the Agency — ( a ) the private education institution must not enter into a contractual agreement or other arrangement (whether or not in partnership) with one or more other parties to undertake any activity that is not related to private education, so as to obtain individual benefits for the parties, whether in the form of a share of the output of the arrangement or joint or collective profits for all the parties; or ( b ) the private education institution must only provide private education and other activities that are related to the provision of private education. [24/2016] (4) The Agency may at any time add to, vary or revoke any term or condition of the registration of a private education institution without compensation. [24/2016] (5) To avoid doubt, subsection (3) does not authorise the imposition of any term or condition restricting or prohibiting any particular member of a registered society from entering into any contractual agreement or other arrangement referred to in subsection (3)( a ) or from carrying on any activity that is not related to the provision of private education. [36


document_id: pea-2009
provision_ref: s10
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 10
title: Grounds for refusal to grant or renew registration
content:
10. —(1) The Agency may refuse to grant or renew the registration of a private education institution if — ( a ) the private education institution is not a company or a registered society; ( b ) the premises of the private education institution — (i) are or are likely to be unsuitable for providing private education; (ii) are unsanitary or unsuitable for providing private education, or are otherwise dangerous or unsafe; (iii) are to be used, wholly or in part, for any purpose other than providing private education or education; or (iv) do not conform to the regulations made under section 44; ( c ) all or more than half of the total number of teachers of the private education institution, or all or more than half of the total number of the proposed teachers thereof — (i) do not possess the minimum qualifications or experience, or fulfil such other criteria, as may be prescribed under section 17(1)( a ); or (ii) are otherwise not fit and proper persons to teach in the private education institution; ( d ) in the application for the grant or renewal of the registration (as the case may be) of the private education institution, a statement has been made or information has been furnished which is false or misleading in a material particular or by reason of the omission of a material particular; ( e ) the private education institution or any manager thereof — (i) is contravening or has contravened this Act; (ii) has been convicted of any offence under this Act within 5 years preceding the date of the application for the grant or renewal of the registration (as the case may be) of the private education institution; or (iii) has been convicted of any other offence involving fraud or dishonesty or the conviction for which involved a finding that the private education institution or a manager thereof (as the case may be) has acted fraudulently or dishonestly, whether in Singapore or elsewhere, within 5 years preceding the date of the application for the grant or renewal of the registration (as the case may be) of the private education institution; ( f ) any manager or proposed manager of the private education institution is otherwise not a fit and proper person to carry on or manage the private education institution; ( g ) the Agency is of the view that the registration or renewal of registration (as the case may be) of the private education institution is not in the interests of the public, or the students, intending students or prospective students of the private education institution; or ( h ) the Agency is satisfied that the name of the private education institution, or the name of any premises or school of the private education institution (or any department or faculty thereof), or the name of any education offered to be provided or provided by the private education institution — (i) is likely to mislead members of the public as to the true character or purpose of the private education institution, premises, school or department or faculty thereof or education, as the case may be; (ii) is identical to or so nearly resembles the name of some other private education institution or other education institution, whether in Singapore or elsewhere, as is likely to deceive or confuse members of the public or students of either education institution; (iii) is undesirable or offensive; or (iv) is a name of a kind that the Minister has directed the Agency, by notification in the Gazette , not to accept for registration or is proscribed. [24/2016] (2) The Agency must, before refusing to grant or renew the registration of any private education institution under subsection (1), give the private education institution and the managers thereof written notice of its intention to do so. [24/2016] (3) Upon receipt of the notice of the Agency under subsection (2), the private education institution concerned or any manager thereof may, within 14 days after the date of the notice, show cause to the Agency as to why the registration of the private education institution should be granted or renewed. [24/2016] (4) Where, after the private education institution or any manager thereof has shown cause under subsection (3) or the time to do so has expired, the Agency decides not to grant or renew the registration of the private education institution — ( a ) the Agency must notify the private education institution and the managers thereof of its decision in writing; and ( b ) in the case where the registration of the private education institution is not renewed, the registration lapses accordingly. [37 [24/2016]


document_id: pea-2009
provision_ref: s11
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 11
title: Suspension or cancellation of registration
content:
11. —(1) The Agency may, without compensation, suspend (for a period not exceeding 6 months) or cancel the registration of any private education institution, or reduce the period of registration of the private education institution, if — ( a ) the private education institution ceases to be a company or a registered society; ( b ) the premises of the private education institution — (i) are unsuitable for providing private education; (ii) are unsanitary or unsuitable for providing private education, or are otherwise dangerous or unsafe; (iii) are used, wholly or in part, for any purpose other than providing private education or education; or (iv) do not conform to the regulations made under section 44; ( c ) all or more than half of the total number of teachers of the private education institution — (i) do not possess the minimum qualifications or experience, or fulfil any other criteria, that may be prescribed under section 17(1)( a ); or (ii) are otherwise not fit and proper persons to teach in the private education institution; ( d ) the Agency becomes aware of a circumstance that would have permitted the Agency to refuse to grant or renew the registration of the private education institution because of section 10, had the Agency been aware of the circumstances immediately before granting or renewing the registration, as the case may be; ( e ) there is reasonable cause to believe that the grant or renewal of registration has been obtained by means of any false statement or any statement that is false in a material particular; ( f ) the private education institution or any manager thereof — (i) is contravening or has contravened this Act; (ii) has, at any time during the period of registration of the private education institution, been convicted of any offence under this Act; or (iii) has, at any time during the period of registration of the private education institution, been convicted of any other offence involving fraud or dishonesty or the conviction for which involved a finding that the private education institution or a manager thereof (as the case may be) has acted fraudulently or dishonestly, whether in Singapore or elsewhere; ( g ) any manager of the private education institution is not a fit and proper person to carry on or manage the private education institution; ( h ) the Agency is of the view that the continued registration of the private education institution is not in the interests of the public, or the students, intending students or prospective students of the private education institution; ( i ) the private education institution fails to comply with a direction of the Agency issued under section 13; ( j ) the Agency is satisfied that the private education institution has ceased to provide private education; ( k ) the private education institution is wound up or otherwise dissolved; ( l ) any term or condition of registration of the private education institution has been breached; or ( m ) it appears to the Agency that the private education institution is being administered in a manner that is — (i) contrary to the interests of the public; or (ii) detrimental or likely to be detrimental to its students, intending students or prospective students. [24/2016] (2) The Agency must, before suspending or cancelling the registration of any private education institution or reducing the period of registration of the private education institution under subsection (1), give the private education institution written notice of its intention to do so. [24/2016] (3) Upon receipt of the notice of the Agency under subsection (2), the private education institution concerned or any manager thereof may, within 14 days after the date of the notice, show cause to the Agency as to why the registration of the private education institution should not be suspended or cancelled, or the period of its registration should not be reduced, as the case may be. [24/2016] (4) The Agency must, after the private education institution or any manager thereof has shown cause under subsection (3) or the time to do so has expired, notify the private education institution of its decision in writing. [24/2016] (5) Subject to section 26, any decision by the Agency under subsection (1) to suspend or cancel the registration of a private education institution, or to reduce the period of such registration, must not take effect until the expiry of 14 days after the Agency has served the notice of the decision on the private education institution concerned. [38 [24/2016]


document_id: pea-2009
provision_ref: s12
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 12
title: Approval of change of name
content:
12. —(1) Every registered private education institution must obtain the prior approval of the Agency before changing its name, or the name of any premises or school (or any department or faculty thereof) of, or any education provided by, the private education institution to a new name. [24/2016] (2) For the purposes of subsection (1), a manager of the registered private education institution which intends to effect a change of name under subsection (1) must submit to the Agency an application for approval of the new name in the form and manner that may be prescribed, and that application must be accompanied by the prescribed fee. [24/2016] (3) The Agency may refuse to grant its approval under subsection (1) if it is satisfied that the new name of the private education institution, or the premises, school (or any department or faculty thereof) or education provided by the private education institution (as the case may be) is a name which is referred to in section 10(1)( h ). [39 [24/2016]


document_id: pea-2009
provision_ref: s13
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 13
title: Power to direct change of name
content:
13. —(1) Despite anything in this Act, the Agency may direct a registered private education institution to change its name, or the name of any premises or school (or any department or faculty thereof) of or education provided by the private education institution, to any new name that the Agency may approve under section 12 where the Agency is satisfied that the private education institution has been registered (whether through inadvertence or otherwise and whether before, on or after 21 December 2009) by a name, or the name of the premises or school (or a department or faculty thereof) or education bears a name — ( a ) which is referred to in section 10(1)( h ); or ( b ) the use of which has been restrained by an injunction granted under the Trade Marks Act 1998. [24/2016] (2) The registered private education institution to whom a direction under subsection (1) is given must comply with the direction within 6 weeks after the date of the direction, or any longer period that the Agency may allow in any particular case, unless the direction is earlier annulled by the Minister. [24/2016] (3) Any registered private education institution which contravenes subsection (2) shall be guilty of an offence. (4) To avoid doubt, the Agency must accept as correct any decision of the General Division of the High Court to grant an injunction referred to in subsection (1)( b ). [40 [24/2016; 40/2019] Division 2 &#x2014; Management of registered private
education institutions


document_id: pea-2009
provision_ref: s14
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 14
title: Duties of managers
content:
14. —(1) The duties of a manager of a registered private education institution are to carry on or manage the registered private education institution and, in particular — ( a ) to ensure the keeping of proper records, including records containing information on — (i) the administration of the courses offered or provided by the private education institution; (ii) the teachers deployed by the private education institution; (iii) the attendance of the students of the private education institution; and (iv) any particulars that may be prescribed about the private education institution’s administration and governance arrangements, financial viability, educational programmes and student welfare processes, resources and other matters; ( b ) to ensure that, in the event the provision of private education by the private education institution is about to cease, the Agency and each student and intending student of the private education institution are informed, in writing and in the time delimited as follows, of the cessation and of the necessary arrangements made by the private education institution for the student or intending student to be offered a place in another registered private education institution to complete the same or similar course at the private education institution’s expense or otherwise: (i) where the provision of private education by the private education institution must cease because the Agency refused to renew the registration of the private education institution under section 10 or the registration of the private education institution is suspended or cancelled, or the period of its registration is reduced, under section 11 — at least 14 days before the cessation or any other period that the Agency may allow in any particular case; or (ii) where the provision of private education by the private education institution must cease for any other reason — at least 30 days before the cessation; ( c ) to obtain the permission of the Agency, in the form and manner that the Agency may require, before any renovation works are carried out to the premises of the private education institution or any part thereof or before relocating of the premises of the private education institution; ( d ) to notify the Agency, in writing — (i) if there is any change in the ownership, control or management of the private education institution, of that change within 14 days after the date of the change; (ii) if any manager of the private education institution has been convicted of any offence punishable with imprisonment, of that conviction within 14 days after the date of conviction; or (iii) if any legal proceedings have been instituted against the private education institution, of the legal proceedings within 14 days after the date the private education institution is served with the originating process in such proceedings; ( e ) to furnish such information or documents relating to the private education institution as may be required by the Agency within the time and in the manner that the Agency may specify; and ( f ) to discharge any other duties that may be prescribed or as the Agency may, from time to time, by written notice impose in any particular case. [24/2016] (2) For the purposes of subsection (1), every manager of a registered private education institution must — ( a ) maintain — (i) a telephone number; (ii) a residential address; and (iii) an electronic mail address or a fax number, at which the manager may be contacted by the Agency in relation to any matter concerning the registered private education institution; ( b ) upon the registration of the private education institution or his or her becoming a manager of the registered private education institution, notify the Agency of the contact information the manager is required to maintain under paragraph ( a ); and ( c ) notify the Agency of any change in the contact information the manager is required to maintain under paragraph ( a ) within 14 days after the date of the change. [24/2016; 34/2016] (3) Any manager who, without reasonable excuse, fails to comply with any of the duties of a manager prescribed under subsection (1) or (2) shall be guilty of an offence. [41


document_id: pea-2009
provision_ref: s15
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 15
title: Suspension or removal of managers
content:
15. —(1) Without limiting any other power vested in the Agency under this Act, the Agency may, at any time, direct a registered private education institution — ( a ) to suspend or remove any person appointed as a manager of the registered private education institution if the Agency is satisfied that the manager — (i) is not a fit and proper person to carry on or manage the registered private education institution; or (ii) is unable to discharge the duties prescribed under section 14 or imposed on managers under this Act; or ( b ) to appoint any additional person that the Agency may approve to discharge the duties of the manager mentioned in paragraph ( a ) for any period that the Agency considers necessary. [24/2016] (2) Any registered private education institution which contravenes any direction of the Agency issued under subsection (1) shall be guilty of an offence. [42 [24/2016] Division 3 &#x2014; Provisions relating to courses by registered private
education institutions


document_id: pea-2009
provision_ref: s16
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 16
title: Permission to offer or provide courses
content:
16. —(1) Subject to subsections (2) and (3), no registered private education institution may offer or provide a course, whether in Singapore or elsewhere and whether by itself or in association or collaboration with or by affiliation with any other person, except with the permission in writing of the Agency and in accordance with the terms and conditions of the permission. [24/2016] (2) Subsection (1) does not apply to the courses that may be prescribed. (3) No registered private education institution may offer or provide, whether in Singapore or elsewhere, a course leading to the award of any associate, undergraduate or graduate degree or any other degree that is conferred in its own name without the permission in writing of the Minister. (4) An application for the permission of the Agency under subsection (1) must — ( a ) be made on behalf of the registered private education institution by a manager of the registered private education institution (called in this section the applicant) to the Agency in the form and manner, and within the time, that may be prescribed; and ( b ) be accompanied by the prescribed fee. [24/2016] (5) The Agency may, upon an application made under subsection (4) and after any inquiry that it may think necessary, grant its permission subject to such terms and conditions as it thinks fit or refuse to grant its permission. [24/2016] (6) The Agency may, in determining whether to grant its permission under subsection (1), have regard to any considerations that it thinks fit. [24/2016] (7) The Agency may require the applicant making an application under subsection (4) to furnish it with such information or documents as the Agency considers necessary in relation to the application. [24/2016] (8) Where the applicant fails to furnish the Agency with any information or document required under subsection (7) in relation to his or her application within the time specified by the Agency, the application is deemed to have been withdrawn. [24/2016] (9) Without limiting subsection (5) and despite section 22, the terms and conditions subject to which the Agency grants its permission to a registered private education institution may include a term or condition requiring the registered private education institution to be or to remain (as the case may be) a member of a Scheme. [24/2016] (10) The Agency may at any time, without compensation — ( a ) add to, vary or revoke any term or condition of its permission granted under subsection (5); or ( b ) suspend or revoke its permission granted under subsection (5). [24/2016] (11) Any registered private education institution which contravenes subsection (1) or (3) shall be guilty of an offence. (12) Any person who knowingly or recklessly — ( a ) issues or publishes any advertisement of any course to be offered or provided by a registered private education institution, being a course which the Agency has not granted its permission under subsection (1); or ( b ) solicits or receives any money from any student in respect of such a course, shall be guilty of an offence. [43 [24/2016] Division 4 &#x2014; Provisions relating to teachers of registered private
education institutions


document_id: pea-2009
provision_ref: s17
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 17
title: Notification of teachers of registered private education institutions
content:
17. —(1) No registered private education institution may deploy a person to teach any course to all or any of the students of the registered private education institution unless — ( a ) the person possesses the minimum qualifications and experience, and fulfils any other criteria, that may be prescribed; ( b ) a manager of the registered private education institution has notified the Agency, in the form and manner and within the time that may be prescribed, of the prescribed particulars of that person; and ( c ) the notification referred to in paragraph ( b ) is accompanied by the prescribed fee. [24/2016] (2) The Agency may, at any time — ( a ) impose such requirements or restrictions relating to any teacher of a registered private education institution as it thinks fit to impose, including but not limited to requirements or restrictions relating to the subjects or classes that the teacher may teach; and ( b ) add to, vary or revoke any requirement or restriction imposed under paragraph ( a ). [24/2016] (3) Any registered private education institution which contravenes any requirement or restriction imposed under subsection (2) shall be guilty of an offence. [44


document_id: pea-2009
provision_ref: s18
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 18
title: Power to prohibit or restrict deployment of teachers
content:
18. —(1) The Agency may, at any time, direct a registered private education institution to cease to deploy any person to teach any course to all or any of the students of the registered private education institution if the Agency is satisfied that — ( a ) any information in respect of the person furnished to the Agency under this Act is false or misleading in a material particular or by reason of the omission of a material particular; ( b ) the person does not possess the minimum qualifications or experience, or fulfil any other criteria, that may be prescribed under section 17(1)( a ) or is otherwise not competent to teach the course; ( c ) the person has misconducted himself or herself in his or her capacity as a teacher of the registered private education institution; ( d ) the person is contravening or has contravened this Act; or ( e ) the person is not a fit and proper person to teach in the registered private education institution. [24/2016] (2) Any registered private education institution which contravenes any direction of the Agency issued under subsection (1) shall be guilty of an offence. [45 [24/2016] Division 5 &#x2014; Provisions relating to advertising


document_id: pea-2009
provision_ref: s19
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 19
title: Prohibition of certain advertisements
content:
19. —(1) A person must not knowingly or recklessly issue or publish, or cause to be issued or published, any advertisement relating to a private education institution which is false or misleading in a material particular. (2) For the purposes of subsection (1) — ( a ) “advertisement” includes an advertisement that is made available — (i) in a newspaper, magazine, journal or other periodical published or circulated in Singapore or elsewhere; (ii) in a sound or television broadcast transmitted for reception in Singapore or elsewhere; or (iii) by any other means of broadcasting or communication for circulation or reception in Singapore or elsewhere; and ( b ) an advertisement relating to a private education institution is presumed, unless the contrary is proved, to be false or misleading in a material particular if the advertisement — (i) falsely describes the private education institution; (ii) contains any false or misleading information concerning the private education institution or any course offered or provided by the private education institution; or (iii) does not contain such information, or is not in accordance with such requirements, as may be prescribed. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [46


document_id: pea-2009
provision_ref: s20
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 20
title: Remedial measures in relation to advertisements
content:
20. —(1) Without limiting section 32, where any person has issued or published, or caused to be issued or published, any advertisement in contravention of section 16(12) or 19, the Agency may direct the person to do all or any of the following at the person’s cost and expense: ( a ) take all practicable steps to withdraw the advertisement; ( b ) modify the advertisement in the manner that may be specified or approved by the Agency; ( c ) cease the issue or publication of any other advertisement which is wholly or substantially the same as the firstmentioned advertisement; ( d ) issue or publish, or cause to be issued or published, a corrective advertisement in the manner and containing the information that may be specified or approved by the Agency. [24/2016] (2) The person to whom the Agency has issued a direction under subsection (1) must bear all costs and expenses arising from complying with the direction. [24/2016] (3) Where the person to whom the Agency has issued a direction under subsection (1) fails to comply with the direction, the Agency may take any steps that it thinks reasonable and necessary to give effect to the direction and recover all costs and expenses reasonably incurred by it in so doing from that person as a civil debt due to the Agency. [24/2016] (4) Any person who contravenes any direction of the Agency issued under subsection (1) shall be guilty of an offence. [47 [24/2016] Division 6 &#x2014; Administrative penalties


document_id: pea-2009
provision_ref: s21
chapter: PART 3 - REGULATION OF PRIVATE EDUCATION INSTITUTIONS
section: 21
title: General measures Agency may impose on errant private education institutions
content:
21. —(1) Without limiting any other power vested in the Agency under this Act, where a private education institution — ( a ) has breached any term or condition of its registration; or ( b ) has failed to comply with section 12(1) or 17(1), or any regulations that may be prescribed for the purpose of this section the breach of which is not an offence, the Agency may, in its discretion — ( c ) impose a financial penalty of any amount, not exceeding $5,000, that the Agency thinks fit; ( d ) censure the private education institution; or ( e ) order that the registration of the private education institution be subject to such terms or conditions as may be imposed by the Agency, whether in addition to or in substitution of the existing terms and conditions of its registration. [24/2016] (2) Any financial penalty payable by any private education institution under subsection (1)( c ) is recoverable as a civil debt due to the Agency from the private education institution. [24/2016] (3) The Agency must, before making any decision under subsection (1) in relation to any private education institution, give the private education institution written notice of its intention to do so. [24/2016] (4) Upon receipt of the notice of the Agency under subsection (3), the private education institution concerned or any manager thereof may, within 14 days after the date of the notice, show cause to the Agency as to why the Agency should not impose a financial penalty, censure or make an order under subsection (1)( e ), as the case may be. [24/2016] (5) The Agency must, after the private education institution or any manager thereof has shown cause under subsection (4) or the time to do so has expired, notify the private education institution of its decision in writing. [24/2016] (6) Subject to section 26, any decision by the Agency under subsection (1) must not take effect until the expiry of 14 days after the Agency has served the notice of the decision on the private education institution concerned. [48 [24/2016]


document_id: pea-2009
provision_ref: s22
chapter: PART 4 - PROVISION AND CONTROL OF OTHER SERVICES
section: 22
title: Establishment or maintenance of accreditation or certification schemes by Agency
content:
22. —(1) The Agency may establish or maintain one or more voluntary accreditation or certification schemes for — ( a ) registered private education institutions; and ( b ) any class of other education institutions as the Agency may deem appropriate. [24/2016] (2) Any education institution which is eligible to be a member of a Scheme may apply to the Agency to be a member of the Scheme. [24/2016] (3) The Agency may, if it is satisfied that an education institution meets the eligibility criteria for a Scheme that the Agency may determine, accept the application of the education institution to become a member of the Scheme, subject to the education institution providing a written undertaking, in the form and manner that the Agency may determine, that it will abide by the terms and conditions of the Scheme as determined by the Agency. [24/2016] (4) The Agency may, from time to time, vary the terms and conditions of any Scheme by issuing a written notice to the members of the Scheme or any relevant class thereof. [24/2016] (5) The terms and conditions of a Scheme, as determined by the Agency, may include all or any of the following: ( a ) that members of the Scheme must appoint a management representative to oversee the effective implementation and maintenance of the requirements under the Scheme; ( b ) that members of the Scheme must provide all the necessary information and documents, including any declaration of conformity or accuracy of information, that the Agency may require from time to time; ( c ) that members of the Scheme must facilitate and provide reasonable assistance to the assessors appointed by the Agency, including but not limited to making available information to the assessors and ensuring the safety of assessors during site visits to the premises of the members; ( d ) that members of the Scheme must pay any fees that may be imposed in respect of their application to be members of the Scheme or their continued association with the Scheme; ( e ) that members of the Scheme must comply with such codes of conduct or guidelines relating to quality or standards as may be stipulated by the Agency from time to time; ( f ) that members of the Scheme must enter into any student fee protection scheme that the Agency may designate for the purposes of the Scheme and abide by the terms and conditions of such student fee protection scheme; ( g ) that members of the Scheme must ensure information relating to them, and any other information that may be stipulated by the Agency, are available in a publicly accessible manner; ( h ) that members of the Scheme must allow the Agency to publicise the list of members of the Scheme or a list of those that have been withdrawn, or have been suspended or removed, from the Scheme. [24/2016] (6) The Agency may appoint any person to administer any Scheme, or any aspect or any part of a Scheme, subject to such terms and restrictions as may be specified by the Agency. [24/2016] (7) Any information furnished by or on behalf of an education institution or any manager thereof for the purpose of a Scheme — ( a ) may be used for or in relation to investigating or prosecuting any person for an offence under any written law; or ( b ) may be used or published in the form of research findings, comparison studies, banding of comparable education institutions, or in any other form or manner or for any purposes that the Agency may determine. [49 [24/2016]


document_id: pea-2009
provision_ref: s23
chapter: PART 4 - PROVISION AND CONTROL OF OTHER SERVICES
section: 23
title: Restrictions on certain other services
content:
23. —(1) Subject to subsection (3), a person must not establish, maintain, offer or provide any accreditation or certification scheme relating, whether directly or indirectly, to private education institutions or private education without the approval of the Agency. [24/2016] (2) Subject to subsection (3), a person in Singapore must not offer or provide any examination service to any private education institution in Singapore or elsewhere without the approval of the Agency. [24/2016] (3) Subsection (1) or (2) does not apply to — ( a ) the Government, any statutory authority constituted by or under any written law for a public purpose, or any entity owned or controlled by the Government or such statutory authority; or ( b ) any other person that may be prescribed. (4) Any approval of the Agency under subsection (1) or (2) — ( a ) may be granted subject to such terms and conditions as the Agency may specify; and ( b ) may be revoked at any time by the Agency by written notice. [24/2016] (5) Any person who contravenes subsection (1) or (2) shall be guilty of an offence. [50


document_id: pea-2009
provision_ref: s24
chapter: PART 5 - APPEALS
section: 24
title: Constitution of Appeals Board
content:
24. —(1) There must be an Appeals Board consisting of a chairperson and 4 other members whom the Minister may appoint. (2) The Minister must appoint a secretary to the Appeals Board. (3) Every member of the Appeals Board, unless the Minister otherwise directs, holds office for 3 years and is eligible for re‑appointment. (4) The Minister may, at any time, revoke the appointment of any member of the Appeals Board. (5) A member of the Appeals Board may resign his or her office by written notice to the Minister. (6) Members of the Appeals Board may receive such remuneration and such travelling and subsistence allowances as the Minister may determine. [51


document_id: pea-2009
provision_ref: s25
chapter: PART 5 - APPEALS
section: 25
title: Duty, powers and procedures of Appeals Board
content:
25. —(1) It is the duty of the Appeals Board to hear and decide all appeals against the appealable decisions of the Agency within the meaning of section 26(1). [24/2016] (2) In the discharge of its duty under this Act, the Appeals Board has the following powers: ( a ) to take evidence on oath; ( b ) to summon any person to attend any hearing of the Appeals Board to give evidence or produce any document or other article in that person’s possession, except that no person is bound to answer any question or produce any document in respect of any matter which would have been protected from disclosure on the ground of privilege if the proceedings had been held in any court; ( c ) to order an inspection of the premises of any private education institution; and ( d ) to enter and view the premises of any private education institution. (3) The quorum of the Appeals Board is 3. (4) The chairperson of the Appeals Board, when present, presides at every meeting of the Appeals Board, and in the chairperson’s absence, the member of the Board who may be chosen by the members present presides. (5) The proceedings of the Appeals Board must not be open to the public. (6) No act or proceedings of the Appeals Board may be questioned on account of any vacancy on it. (7) All members of the Appeals Board are deemed to be public servants for the purposes of the Penal Code 1871. (8) Subject to the provisions of this Act, the Appeals Board may regulate its own procedure in any manner that it thinks fit. [52


document_id: pea-2009
provision_ref: s26
chapter: PART 5 - APPEALS
section: 26
title: Appeals to Appeals Board
content:
26. —(1) Any person who is aggrieved by — ( a ) any decision of the Agency — (i) refusing to grant or renew the registration of a private education institution under section 9; (ii) imposing any term or condition upon the registration of a private education institution under section 9; (iii) suspending or cancelling the registration of a private education institution under section 11; (iv) refusing to approve any change of the name of a private education institution, or the name of any premises or school (or any department or faculty thereof) of or education provided by the private education institution, under section 12; (v) directing the change in the name of a private education institution, or the name of any premises or school (or any department or faculty thereof) of or education provided by the private education institution, under section 13; (vi) directing the suspension or removal of any person appointed as a manager of a registered private education institution under section 15(1)( a ) or the appointment of any additional person to discharge the duties of a manager of a private education institution under section 15(1)( b ); (vii) refusing any permission under section 16(1) or imposing any term or condition when granting such permission; (viii) imposing any financial penalty, censure or other order under section 21(1); or (ix) refusing any approval under section 23 or imposing any term or condition when approving under that section; ( b ) any direction of the Agency under section 7(6), 15, 18, 20, 32 or 33; ( c ) any requisition for particulars or information under section 35; or ( d ) any decision of the Agency under section 37(3), (each of which decision, direction or requisition is called in this Act an appealable decision) may, within such time as may be prescribed under section 28 in respect of the type of appealable decision, lodge an appeal against the decision to the Appeals Board. [24/2016] (2) Every appeal under subsection (1) must be lodged in the form and manner that may be prescribed under section 28. (3) The Appeals Board may — ( a ) confirm, set aside or modify the appealable decision to which the appeal relates; or ( b ) give such directions in any manner that the Appeals Board thinks fit, including a direction to the Agency to review its appealable decision to which the appeal relates, and the decision of the Appeals Board is final. [24/2016] (4) The decision of the Appeals Board must be communicated to the appellant in writing by the secretary to the Appeals Board. (5) The lodging of an appeal under subsection (1) against an appealable decision does not suspend the effect of the appealable decision to which the appeal relates, except where the appeal relates to — ( a ) any written direction of the Agency issued under section 7(6) or 33 requiring the private education institution or the managers thereof to refund the whole or any part of any course money to any student or intending student of the private education institution; or ( b ) any other appealable decision of the Agency that is prescribed under section 28 as a suspended appealable decision. [53 [24/2016]


document_id: pea-2009
provision_ref: s27
chapter: PART 5 - APPEALS
section: 27
title: Disclosure of conflicts of interest by members of Appeals Board
content:
27. —(1) A member of the Appeals Board must declare to the Minister, or any person authorised by the Minister, the nature and extent of all conflicts of interest or potential conflicts of interest (if any) with his or her duties or interests as a member of the Appeals Board arising from — ( a ) the member’s holding of any office; ( b ) the member’s interest in any contract; ( c ) the member’s possession or ownership of any property; ( d ) any direct or indirect relationship with a private education institution or any other person regulated under this Act; or ( e ) the member’s connection or association with any trade or consumer body. (2) Where the Minister, or any person authorised by the Minister, is satisfied that a member of the Appeals Board is unable to carry out the member’s duties properly and effectively because of any conflict of interest or potential conflict of interest referred to in subsection (1), the Minister may replace that member or direct that member to abstain from taking part in any proceedings relating to any matter affected by the member’s conflict of interest or potential conflict of interest. [54


document_id: pea-2009
provision_ref: s28
chapter: PART 5 - APPEALS
section: 28
title: Rules relating to appeals
content:
28. The Minister may make rules for or with respect to — ( a ) the time within which an appeal to the Appeals Board may be lodged; ( b ) the form and manner in which an appeal to the Appeals Board must be lodged; ( c ) the fees to be paid in respect of any appeal lodged with the Appeals Board; ( d ) the records to be kept by the Appeals Board; and ( e ) all matters and things which are required or permitted to be prescribed or which are necessary or expedient to give effect to any provision of this Part. [55


document_id: pea-2009
provision_ref: s29
chapter: PART 6 - INSPECTION, ENFORCEMENT AND OFFENCES
section: 29
title: Appointment of inspectors
content:
29. —(1) The Agency may appoint any of its officers or employees to be an inspector for the purposes of this Act. [24/2016] (2) The Agency must furnish every inspector with an identification card that identifies him or her as an inspector. [24/2016] (3) Every inspector must, when exercising any power under this Act, on demand produce the inspector’s identification card to the person affected by the exercise of that power. [56


document_id: pea-2009
provision_ref: s30
chapter: PART 6 - INSPECTION, ENFORCEMENT AND OFFENCES
section: 30
title: Inspection of registered private education institutions
content:
30. —(1) An inspector may enter and inspect the premises under the possession or control of any registered private education institution for the purpose of ascertaining whether this Act has been or is being complied with. (2) In carrying out an inspection under subsection (1), an inspector may — ( a ) examine any book, document, material or article as the inspector may consider necessary and remove or make copies of it for further examination; ( b ) require any person, whether a manager, teacher or student of the registered private education institution or otherwise, to be present before an inspector or any officer of the Agency and — (i) to produce for inspection any book, document, material or article which is in the possession or under the custody of that person, which the inspector or an officer of the Agency may remove or make copies of for further examination; or (ii) to furnish any information which is within the power of the person to furnish relating to the control or management of the registered private education institution, to the teaching carried on in the registered private education institution, to the student activities of the registered private education institution or to any other matter that the inspector may specify; or ( c ) do anything that is necessary or expedient for the carrying out of the inspection. [57 [24/2016]


document_id: pea-2009
provision_ref: s31
chapter: PART 6 - INSPECTION, ENFORCEMENT AND OFFENCES
section: 31
title: Enforcement powers of inspectors
content:
31. —(1) In addition to the powers conferred on him or her by this Act, an inspector may — ( a ) at reasonable hours, enter any premises or part thereof (whether or not in the possession or control of a registered private education institution) when the inspector has reasonable cause to believe that evidence of the commission of an offence under this Act can be found in those premises, and search for and seize and remove any book, document, material or article or make copies thereof as the inspector may consider necessary; ( b ) require any person whom the inspector reasonably believes to have committed the offence to furnish evidence of that person’s identity; ( c ) require, by written order, the attendance before the inspector of any person within the limits of Singapore who, from any information given or otherwise obtained by the inspector, appears to be acquainted with the facts or circumstances of the case; ( d ) examine orally any person reasonably believed to be acquainted with the facts or circumstances of the case or with any other matter that the inspector may specify, and reduce into writing the answer given or statement made by that person; ( e ) require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and inspect, copy, make extracts from or seize and remove such book or document; and ( f ) take such photographs or video recording, as the inspector thinks necessary, of the premises and persons reasonably believed to be acquainted with the facts or circumstances of the case or with any other matter that the inspector may specify. (2) The person mentioned in subsection (1)( d ) is bound to state truly the facts or circumstances with which the person is acquainted. (3) A statement made by the person mentioned in subsection (1)( d ) must be read over to the person and must, after correction, if necessary, be signed by the person. (4) All statements, answers, information and documents procured in the course of investigation are admissible in evidence in any proceedings under this Act against the person making or producing the same. [58


document_id: pea-2009
provision_ref: s32
chapter: PART 6 - INSPECTION, ENFORCEMENT AND OFFENCES
section: 32
title: General power to direct remedial measures
content:
32. —(1) Without limiting any other power vested in the Agency under this Act, if it appears to the Agency that — ( a ) any provision of this Act has not been complied with by or in relation to any registered private education institution; or ( b ) any registered private education institution is not being efficiently or properly administered, the Agency may, by written notice addressed to the managers of the registered private education institution, direct them to take such measures and within such time as may be specified in the notice in order that the provision of this Act may be complied with or the registered private education institution may be efficiently or properly administered, as the case may be. [24/2016] (2) The registered private education institution in respect of which the Agency has issued a direction under subsection (1) must bear all costs and expenses arising from complying with the direction. [24/2016] (3) Where the managers of the registered private education institution to whom the Agency has addressed a direction under subsection (1) fail to comply with the direction, the Agency may take any steps that it thinks reasonable and necessary to give effect to the direction and recover all costs and expenses reasonably incurred by it in so doing from the registered private education institution as a civil debt due to the Agency. [24/2016] (4) Where any direction issued by the Agency under subsection (1) addressed to the managers of a registered private education institution has not been complied with, every manager of the registered private education institution shall each be guilty of an offence. [24/2016] (5) It is a defence for any person charged with an offence under subsection (4) to prove that he or she had a reasonable excuse for failing to comply with the direction of the Agency that is the subject of the offence. [59 [24/2016]


document_id: pea-2009
provision_ref: s33
chapter: PART 6 - INSPECTION, ENFORCEMENT AND OFFENCES
section: 33
title: Power to direct course money refunds, etc.
content:
33. —(1) This section applies to a student or intending student of a private education institution in relation to a course offered or provided by the private education institution if — ( a ) the course does not start on the agreed starting day; ( b ) the course ceases to be provided at any time after it starts but before it is completed; or ( c ) the course is not provided in full to the student or intending student because of the Agency refusing to renew the registration of the private education institution under section 10 or the Agency suspending, cancelling or reducing the period of registration of the private education institution under section 11, and the student or intending student has not withdrawn from the private education institution before the default day. [24/2016] (2) Without limiting any other power vested in the Agency under this Act, the Agency may by written direction addressed to the managers of a registered private education institution for a course or, in the case where registration is cancelled, a former registered private education institution for a course, direct that the registered private education institution or former registered private education institution (as the case may be) do either or all of the following: ( a ) refund each student or intending student, within the time that may be specified in the direction, the whole or such part as the Agency deems equitable of the course money the registered private education institution or former registered private education institution (as the case may be) received in respect of the student or intending student before the default day; ( b ) make arrangements for each student or intending student of the registered private education institution or former registered private education institution (as the case may be) to be offered a place in another registered private education institution to complete the same or a similar course, at the private education institution’s expense or otherwise, and notify the student or intending student accordingly — (i) where the provision of the course by the private education institution must cease because the Agency refused to renew the registration of the private education institution under section 10 or the registration of the private education institution is suspended or cancelled, or the period of its registration is reduced, under section 11 — at least 14 days before it ceases to provide the course or any other period that the Agency may allow in any particular case; or (ii) where the provision of private education by the private education institution must cease for any other reason — at least 30 days before it ceases to provide the course. [24/2016] (3) Subsection (2) applies despite anything contained in the agreement or contract between the registered private education institution or former registered private education institution and the students or intending students concerned, and subject to subsection (4), the student or intending student concerned is entitled to recover the amount specified in the direction to refund under subsection (2) from the registered private education institution or former registered private education institution (as the case may be) as a civil debt in a court of competent jurisdiction. (4) The registered private education institution or former registered private education institution (as the case may be) is relieved of its liability to make a refund if the student or intending student accepts the offer under subsection (2)( b ) to complete the same or a similar course at the private education institution’s expense. (5) Where any written direction issued by the Agency under subsection (2) is not complied with, the private education institution and every manager of the private education institution to whom the direction is addressed shall each be guilty of an offence. [24/2016] (6) In addition to subsection (4), it is a defence for any person charged with an offence under subsection (5) to prove that the person had a reasonable excuse for failing to comply with the written direction of the Agency that is the subject of the offence. [24/2016] (7) Nothing in this section affects the operation of the Charities Act 1994, the Insolvency, Restructuring and Dissolution Act 2018, the Societies Act 1966 or any other written law relating to the winding up or dissolution of a private education institution. [40/2018] (8) In this section — “agreed starting day”, in relation to a course offered or provided by a private education institution, means the day on which the course was scheduled to start; “default day” means — ( a ) the agreed starting day, if subsection (1)( a ) applies; or ( b ) the day on which the course ceases to be provided if subsection (1)( b ) or ( c ) applies. [60


document_id: pea-2009
provision_ref: s34
chapter: PART 6 - INSPECTION, ENFORCEMENT AND OFFENCES
section: 34
title: General offences and penalties
content:
34. —(1) Any person who — ( a ) in relation to any application under this Act or any notification under section 17(1) — (i) makes any false statement which that person knows to be false or does not believe to be true or which that person makes recklessly; or (ii) intentionally suppresses any material fact; ( b ) neglects or refuses to produce any book, document, material or article or to furnish any information, neglects or refuses to attend before an inspector as required, furnishes any book, document, material or information which is false in a material particular and which that person knows to be false or does not believe to be true, or, by the intentional suppression of any material fact, furnishes information which is misleading, under section 30 or 31; ( c ) obstructs or impedes the Agency, any officer of the Agency or any inspector lawfully carrying out any function or duty in the exercise of any power conferred by or under this Act; or ( d ) being summoned to attend at a hearing of the Appeals Board to give evidence or produce any document or other article, without reasonable excuse refuses or neglects to do so or refuses to answer any questions put to that person by or with the concurrence of the Appeals Board, or otherwise hinders, obstructs or deceives the Appeals Board in the exercise of its powers under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [24/2016] (2) Any person guilty of an offence under this Act for which no penalty is expressly provided 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. [61


document_id: pea-2009
provision_ref: s35
chapter: PART 7 - MISCELLANEOUS
section: 35
title: Power of Agency to issue requisition for particulars or information
content:
35. —(1) The Agency may, from time to time, issue a written requisition to any person to furnish such particulars or supply such information relating to any matter to which this Act applies as may be specified in the requisition. [24/2016] (2) A requisition issued by the Agency under subsection (1) may — ( a ) specify the form in which and the time within which the particulars or information are to be furnished; ( b ) require the particulars or information to be furnished periodically at or within the time or times and in the form or forms that are specified in the requisition; and ( c ) specify the place or manner at or in which the particulars or information are to be delivered. [24/2016] (3) Every person who is issued a requisition by the Agency under subsection (1) must furnish the particulars or supply the information specified in the requisition to the best of the person’s knowledge and belief. [24/2016] (4) Any person who, without reasonable excuse, fails to comply with any requisition issued by the Agency under subsection (1) shall be guilty of an offence. [24/2016] (5) Any person who, in compliance or purported compliance with any requisition issued by the Agency under subsection (1), furnishes the Agency with any information or document which that person knows is false or misleading shall be guilty of an offence. [62 [24/2016]


document_id: pea-2009
provision_ref: s36
chapter: PART 7 - MISCELLANEOUS
section: 36
title: Registers and publication of information
content:
36. —(1) The Agency may establish, maintain and cause to be published in any manner that it may determine, one or more registers in respect of — ( a ) registered private education institutions or any class thereof, and any other person that may be prescribed; ( b ) courses offered or provided, or to be offered or provided, by any person or class of persons mentioned in paragraph ( a ); or ( c ) any other information relating to private education generally or to any Scheme that the Agency may determine. [24/2016] (2) Regulations may be made under section 44 to prescribe the manner in which the registers are established or maintained under subsection (1), including the details or particulars required to be entered in the registers. (3) Any person may, upon payment of the fee that may be prescribed, inspect and take an extract from any register established under subsection (1). (4) Any extract taken under subsection (3), if certified by the Agency to be a true copy, is admissible as evidence in any legal proceedings. [63 [24/2016]


document_id: pea-2009
provision_ref: s37
chapter: PART 7 - MISCELLANEOUS
section: 37
title: Power of Agency in relation to dispute resolution schemes
content:
37. —(1) Regulations may be made under section 44 to prescribe one or more dispute resolution schemes for the resolution of disputes arising from or relating to the provision of services by registered private education institutions to students. [24/2016] (2) Without limiting subsection (1), regulations may be made under section 44 — ( a ) to require registered private education institutions or any class thereof to participate in such prescribed dispute resolution schemes and to comply with such terms and conditions of the scheme as may be prescribed; ( b ) to prescribe a list of approved dispute resolution centres under each prescribed dispute resolution scheme; and ( c ) generally to give effect to this section. (3) Where the Agency is satisfied that any registered private education institution has contravened any of the regulations mentioned in subsection (2), the Agency may do all or any of the following: ( a ) impose a financial penalty of any amount, not exceeding $5,000, that the Agency thinks fit; ( b ) censure the private education institution, if it thinks it necessary in the public interest or for the protection of the public or any section of the public; ( c ) order that the registration of the private education institution be subject to such terms or conditions as may be imposed by the Agency, whether in addition to or in substitution of the existing terms and conditions of its registration. [24/2016] (4) The Agency must, before making any decision under subsection (3) in relation to any private education institution, give the private education institution written notice of its intention to do so. [24/2016] (5) Upon receipt of the notice of the Agency under subsection (4), the private education institution concerned or any manager thereof may, within 14 days after the date of the notice, show cause to the Agency as to why the Agency should not impose a financial penalty, censure or make an order under subsection (3)( c ), as the case may be. [24/2016] (6) The Agency must, after the private education institution or any manager thereof has shown cause under subsection (5) or the time to do so has expired, notify the private education institution of its decision in writing. [24/2016] (7) Subject to section 26, any decision by the Agency under subsection (3) must not take effect until the expiry of 14 days after the Agency has served the notice of the decision on the private education institution concerned. [24/2016] (8) The Agency may issue, and publish by notification in the Gazette or in any other manner that it considers appropriate, any guidelines that it considers appropriate for providing guidance in relation to the operation of a prescribed dispute resolution scheme. [64 [24/2016]


document_id: pea-2009
provision_ref: s38
chapter: PART 7 - MISCELLANEOUS
section: 38
title: Jurisdiction of court
content:
38. 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. [65


document_id: pea-2009
provision_ref: s39
chapter: PART 7 - MISCELLANEOUS
section: 39
title: Offences by bodies corporate, etc.
content:
39. —(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 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, “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. (6) The Minister may make rules to provide for the application of any provision of this section, with any modification that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [66


document_id: pea-2009
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 not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; or ( b ) $5,000. (2) On payment of the sum of money mentioned in subsection (1), no further proceedings are to be taken against that person in respect of the offence. [67


document_id: pea-2009
provision_ref: s41
chapter: PART 7 - MISCELLANEOUS
section: 41
title: General exemption
content:
41. The Minister may, by order in the Gazette , exempt any person or any class of persons, courses or advertisements from any provision of this Act, subject to such terms or conditions as may be prescribed. [68


document_id: pea-2009
provision_ref: s42
chapter: PART 7 - MISCELLANEOUS
section: 42
title: Service of documents
content:
42. —(1) Any notice, order, direction or other document required or authorised by this Act to be served on any person may be served on the person — ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the place of residence of the individual; (iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the place of business of the individual; (iv) by affixing a copy of the notice in a conspicuous place at the usual or last known address of residence or business of the individual; or (v) by sending it by fax to the fax number used at the usual or last known address of the place of residence or business of the individual, or the last fax number given to the Agency by the individual as the fax number for the service of documents on the individual; ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary or other similar officer of the partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore; or (iii) by sending it by fax to the fax number used at the principal or last known place of business of the partnership in Singapore; and ( c ) in the case of any limited liability partnership or any other body corporate — (i) by delivering it to the secretary or other similar officer of the body corporate or, in the case of a limited liability partnership, the manager thereof; (ii) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; or (iii) by sending it by fax to the fax number used at the registered office or principal office of the limited liability partnership or body corporate in Singapore. [24/2016] (2) Where any notice, order, direction or other document required or authorised by this Act to be served is sent by fax to the fax number used at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be. (3) Where any notice, order, direction or other document required or authorised by this Act to be served is sent by prepaid registered post, it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered. (4) Any notice, order, direction or other document required or authorised by this Act to be served on the owner or occupier of any premises — ( a ) may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, direction or document to some conspicuous part of the premises; and ( b ) is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description. (5) Without limiting this section, any notice, order, direction or other document required or authorised by this Act to be served on a manager or the managers of a private education institution — ( a ) may be served by delivering it or a true copy thereof to some adult person on the premises of the private education institution or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, direction or document to some conspicuous part of the premises; and ( b ) is deemed to be properly addressed if addressed by the description of the manager or managers of the registered private education institution without further name or description. (6) This section does not apply to notices and documents to be served in proceedings in court. [69


document_id: pea-2009
provision_ref: s43
chapter: PART 7 - MISCELLANEOUS
section: 43
title: Amendment of Schedule
content:
43. —(1) The Minister may at any time, by order in the Gazette , amend the Schedule by adding any education as private education. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient. (3) All orders made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [70


document_id: pea-2009
provision_ref: s44
chapter: PART 7 - MISCELLANEOUS
section: 44
title: Regulations
content:
44. —(1) The Agency may, with the approval of the Minister, make regulations as may be necessary or expedient to give effect to the provisions and purposes of this Act. [24/2016] (2) Without limiting subsection (1), regulations may be made under that subsection for or in respect of all or any of the following matters: ( a ) the forms to be used and the information to be furnished in, or the documents to be furnished with, any application and the forms to be used for any other purpose under this Act; ( b ) the fees and charges payable under this Act, including the interest or penalty for the late payment of any fee or charge, and the waiver, refund or remission, whether wholly or in part, of such fees and charges; ( c ) the requirements and restrictions on the names of private education institutions or the names of any premises or school (or any department or faculty thereof) of or education provided by private education institutions, and the use or display of such names; ( d ) the premises of private education institutions, including but not limited to — (i) the requirements for office or administrative areas; (ii) the number, type and size of classrooms; (iii) the facilities and equipment to be provided; (iv) the signage in or around the premises; (v) the use of the premises; and (vi) the restrictions on the sharing of premises with other persons; ( e ) the form and manner of the keeping of registers or records under this Act, the inspection thereof, the taking of extracts therefrom, the supply of copies thereof, and the returns to be made to the Agency including financial records; ( f ) the publication of information by private education institutions, in such form and manner as may be prescribed, relating to the premises, teachers and courses of the private education institutions, including but not limited to course money, course schedules, examination schedules, course particulars and programme modules; ( g ) the administration of courses offered or provided by registered private education institutions, including but not limited to the requirements relating to the names of courses, course programme duration, enrolment of students, the form and content of the agreements or contracts to be entered into with students, and the establishment of boards, committees or other similar bodies to oversee academic, examination or administrative structures and processes; ( h ) the deployment of teachers by registered private education institutions; ( i ) the use of advertisements by or on behalf of a private education institution, or any solicitation or canvassing for business by or on behalf of a private education institution; ( j ) the use of any accreditation, certification or inspection mark of the Agency; ( k ) the regulation of persons who provide any service relating, whether directly or indirectly, to the provision of private education, including the application, with such modifications as may be prescribed, of the provisions of this Act to such persons; ( l ) the offences which may be compounded under section 40; ( m ) to prescribe all matters and things which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed to give effect to this Act. [24/2016] (3) Regulations made under subsection (1) — ( a ) may relate to all or any class or description of private education institutions; ( b ) may make different provisions for different classes or descriptions of private education institutions; ( c ) may provide that a contravention of any specified provision thereof shall be an offence; and ( d ) other than regulations prescribed for the purpose of section 21, may provide for penalties not exceeding a fine of $10,000 or imprisonment for a term not exceeding 12 months or both for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $1,000 for that offence for every day or part of a day during which the offence continues after conviction. [71


document_id: pea-2009
provision_ref: s45
chapter: PART 7 - MISCELLANEOUS
section: 45
title: Non-application to certain education institutions
content:
45. —(1) This Act does not apply to the following persons, all of whom are not to be regarded as private education institutions, or managers or teachers of private education institutions, as the case may be: ( a ) the Government or any entity owned or controlled by the Government and the teachers of a Government school; ( b ) the Institute of Technical Education, Singapore established under the Institute of Technical Education Act 1992 or any company owned (wholly or partly) by or any undertaking of the Institute of Technical Education, Singapore and their respective teachers; ( c ) the following Polytechnics or undertakings and their respective teachers: (i) the Nanyang Polytechnic established under the Nanyang Polytechnic Act 1992; (ii) the Ngee Ann Polytechnic established under the Ngee Ann Polytechnic Act 1967; (iii) the Republic Polytechnic established under the Republic Polytechnic Act 2002; (iv) the Singapore Polytechnic established under the Singapore Polytechnic Act 1954; (v) the Temasek Polytechnic established under the Temasek Polytechnic Act 1990; and (vi) any company that is owned (wholly or partly) by any such Polytechnic referred to in sub‑paragraphs (i) to (v); ( d ) any other body that is established or constituted by or under a public Act and that has a public function, or any entity owned (wholly or partly) or controlled by such a body, offering to provide or providing any education, and its teachers; ( e ) the organisation, committee of management, managers and teachers of any school registered under the Education Act 1957 and which receives a grant‑in‑aid or subvention extended by the Government to aided schools within the meaning of that Act unless the organisation is specified in a notification made under the definition of “private education institution” in section 2; ( f ) the organisation, committee of management, managers and teachers at any special education school for students with physical or intellectual disabilities which is registered under the Education Act 1957 and which receives a subvention extended by the Government; ( g ) the organisation, committee of management, managers and teachers of any education institution providing education in accordance with religious beliefs and principles and no other education, including any school exempted under section 3 of the Education Act 1957 and any Muslim religious school referred to in section 87(1) of the Administration of Muslim Law Act 1966; ( h ) the governing board constituted for any school under the School Boards (Incorporation) Act 1990, its governors and the teachers of such a school; ( i ) the Nanyang Technological University, the National University of Singapore, the Singapore Management University, the Singapore University of Technology and Design, the Singapore Institute of Technology, the Singapore University of Social Sciences and any other person whose function of providing university education is determined by written law, any entity owned (wholly or partly) or controlled by any such University or person, and the teachers of the respective Universities and entities; and ( j ) any place of safety or juvenile rehabilitation centre approved, appointed or established under the Children and Young Persons Act 1993 or any approved institution approved under section 12 of the Probation of Offenders Act 1951, respectively, and the respective managers thereof. [11/2014; 19/2017; 30/2017] (2) This Act does not apply to, or in relation to, any early childhood development centre licensed under the Early Childhood Development Centres Act 2017, the key appointment holders (as defined in that Act) of the licensee of the centre, and the teachers of the centre. [72 [19/2017]


document_id: pea-2009
provision_ref: s46
chapter: PART 7 - MISCELLANEOUS
section: 46
title: Saving and transitional provisions
content:
46. —(1) Despite the provisions of this Act, any person who, immediately before 21 December 2009, is registered under the Education Act 1957 and is in Singapore — ( a ) offering to provide or providing private education, whether in Singapore or elsewhere; or ( b ) awarding any degree, diploma or certificate (including any honorary degree or other distinction) in respect of private education, whether offered or provided in Singapore or elsewhere, (called in this section an existing regulated private education institution) is deemed to be registered as a private education institution for a period of 18 months from that date, subject to the same conditions of its registration as a school under the Education Act 1957 (if applicable) to the extent that those conditions are not inconsistent with the provisions of this Act. (2) Despite the provisions of this Act, every course lawfully offered or provided by an existing regulated private education institution under the Education Act 1957 immediately before 21 December 2009, whether in Singapore or elsewhere and whether by itself or in association or collaboration with or by affiliation with any other person, is deemed to be permitted by the Council under section 16 for the same period delimited by subsection (1). (3) Despite the provisions of this Act, an existing regulated private education institution which, immediately before 21 December 2009, is deploying any teacher authorised under the Education Act 1957 to teach any course to all or any of the students of the existing regulated private education institution is deemed to have complied with section 17 for the same period delimited by subsection (1). (4) Where anything has been commenced by or on behalf of the Director‑General of Education under the Education Act 1957 before 21 December 2009 (as the case may be) the Minister or the Appeals Board under the Education Act 1957 in relation to an existing regulated private education institution, such thing may be carried on and completed by or under the authority of the Council, the Minister or the Appeals Board (as the case may be) under the corresponding provisions in those Parts. [73


document_id: peoa-1976
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act — “Agreement” means the Public Officers’ Pension (Singapore) Agreement 1976 between the Government of the Republic of Singapore and the Government of the United Kingdom of Great Britain and Northern Ireland signed at Singapore on 26th March 1976; “law relating to pensions” means — ( a ) the Retirement from the Public Service (Compensation) Ordinance 1956; [43/56] ( b ) the Pensions Act [Cap. 225] and the regulations made thereunder; and ( c ) the Widows’ and Orphans’ Pension Act [Cap. 350]; “officer” means an officer to whom the Public Officers Agreement between Her Majesty’s Government in the United Kingdom and the Government of Malaysia in respect of Singapore signed at Kuala Lumpur on 9th July 1964 applies or applied and who was not a citizen of Singapore on 1st April 1971 or who, having retired from the public service or having died in public service after that date, is not or was not a citizen of Singapore at the time of his retirement or death, as the case may be.


document_id: peoa-1976
provision_ref: s3
section: 3
title: Law relating to pensions to cease to apply to officers and other persons falling within Agreement
content:
3. With effect from 1st January 1978 * , the law relating to pensions shall cease to apply to any officer or to his widow or child or to his legal personal representative in respect of whom the Government of the United Kingdom of Great Britain and Northern Ireland has assumed responsibility for the payment of pension in accordance with the provisions of the Agreement. * The appointed day for the purpose of the Agreement, as mutually arranged between the Government of the United Kingdom and the Government of the Republic of Singapore.


document_id: pfa-1995
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Minister” means the Minister for Finance; “public service” means service, whether in a civil or military capacity, under the Government of Singapore and includes — ( a ) service as a Member of the Legislative Assembly or Parliament (including an office‑holding Member); ( b ) service as a member of the Special Constabulary constituted by the Police Force Act 2004; ( c ) service as a volunteer in the Singapore Armed Forces or the Singapore Civil Defence Force; and ( d ) any other service that has been determined to be public service for the purposes of the Pensions Act 1956; “Singapore” means — ( a ) in relation to any period ending before 3 June 1959 — the Colony of Singapore; or ( b ) in relation to any period beginning on or after 3 June 1959 and ending before 9 August 1965 — the State of Singapore; “superannuation scheme” means a scheme providing for the payment of any pension, gratuity, allowance or other benefit on death, superannuation, resignation, retirement or discharge to persons who have been in the public service in Singapore or to the legal personal representatives or dependants of those persons.


document_id: pfa-1995
provision_ref: s3
chapter: PART 2 - PENSION FUND
section: 3
title: Establishment of Pension Fund
content:
3. —(1) A fund called the Pension Fund is established, into which must be paid all moneys specified under section 4. (2) The Minister is responsible for the administration of the Pension Fund. (3) The Pension Fund is deemed to be a Government fund for the purposes of any other written law.


document_id: pfa-1995
provision_ref: s4
chapter: PART 2 - PENSION FUND
section: 4
title: Moneys payable into Pension Fund
content:
4. —(1) There must be paid into the Pension Fund — ( a ) the sums appropriated from the Consolidated Fund and authorised to be paid into the Pension Fund by any written law to enable the Pension Fund to meet the liabilities of the Pension Fund; ( b ) all revenues of Singapore allocated by written law to the Pension Fund; and ( c ) the net income from investments of moneys in the Pension Fund authorised to be made by this Act or any other written law. (2) For the purposes of subsection (1)( c ), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Pension Fund any profit derived or loss sustained (as the case may be) from the realisation of the investments.


document_id: pfa-1995
provision_ref: s5
chapter: PART 2 - PENSION FUND
section: 5
title: Investment
content:
5. All moneys belonging to the Pension Fund may be deposited in a bank and may be invested in any investment authorised under section 7 of the Financial Procedure Act 1966.


document_id: pfa-1995
provision_ref: s6
chapter: PART 3 - APPLICATION OF PENSION FUND
section: 6
title: Application of moneys in Pension Fund
content:
6. —(1) The moneys in the Pension Fund may only be withdrawn and applied to meet any one or more of the following purposes: ( a ) the payment of any pension, gratuity, allowance or other like benefit granted or deemed to be granted under any provision of any written law specified in the Schedule to persons who have been in the public service in Singapore, or to their legal personal representatives or dependants, on the death, superannuation, resignation, retirement or discharge of those persons; ( b ) the payment of any disability pension, injury allowance, gratuity or compensation under any provision of any written law specified in the Schedule to persons who have been in the public service in Singapore, or to their legal personal representatives or dependants, in respect of injuries received in and which are attributable to that service; ( c ) the payment of any sum ex gratia or any pension, gratuity, allowance, compensation, subsidy or other like benefit pursuant to a prescribed superannuation scheme; ( d ) the payment of any gratuity on the death or retirement of persons appointed as members of the local staff of any diplomatic mission of Singapore; ( e ) any other expenses relating to the granting of any pension, gratuity, allowance, compensation or other like benefit which is mentioned in paragraphs ( a ) and ( b ) and expressly provided by written law to be met out of the Pension Fund. (2) The Minister may, by order in the Gazette , amend the Schedule.


document_id: pfa-1995
provision_ref: s7
chapter: PART 3 - APPLICATION OF PENSION FUND
section: 7
title: Expenses
content:
7. All expenses arising from or incidental to the administration of, and the investment and management of moneys in, the Pension Fund are charged on and payable out of the Fund.


document_id: pfa-1995
provision_ref: s8
chapter: PART 3 - APPLICATION OF PENSION FUND
section: 8
title: Deficiencies
content:
8. —(1) Where the moneys in the Pension Fund are insufficient to pay any pension, gratuity, allowance, compensation or other like benefit at the time when the payment becomes due, the deficiency is charged on and payable out of the Consolidated Fund. (2) Subsection (1) applies only to any pension, gratuity, allowance, compensation or other like benefit in respect of persons who have been in the public service in Singapore which — ( a ) prior to 1 April 1995, was charged on the Consolidated Fund; or ( b ) is provided for under any written law enacted on or after 1 April 1995.


document_id: pfa-1995
provision_ref: s9
chapter: PART 3 - APPLICATION OF PENSION FUND
section: 9
title: Surpluses in Pension Fund
content:
9. —(1) The Minister may, by warrant under his or her hand authorise the transfer to the Consolidated Fund any moneys in the Pension Fund which, in the opinion of the Minister, are not required to meet the liabilities of the Pension Fund. (2) The Minister may, by warrant under his or her hand authorise the transfer to the SAVER‑Premium Fund established under section 205B of the Singapore Armed Forces Act 1972 any moneys in the Pension Fund that the Minister may determine as the value of that part of the Pension Fund relating to all those servicemen in the Singapore Armed Forces who opted in favour of joining the SAVER Plan or Premium Plan established under section 205A of the Singapore Armed Forces Act 1972. (3) The Minister may, by warrant under his or her hand authorise the transfer to the INVEST Fund established under section 12 of the Home Affairs Uniformed Services Superannuation Act 2001 any moneys in the Pension Fund that the Minister may determine as the value of that part of the Pension Fund relating to all those public officers who opted in favour of joining the INVEST Plan established under that Act and to all public officers who opted in favour of joining the Occupational Superannuation Scheme under the Prevention of Corruption Act 1960.


document_id: pfa-1995
provision_ref: s10
chapter: PART 3 - APPLICATION OF PENSION FUND
section: 10
title: Withdrawals
content:
10. —(1) Moneys must not be withdrawn from the Pension Fund unless they are charged on the Fund or authorised to be withdrawn under this Act. (2) A payment must not be made out of the Pension Fund unless the payment is authorised by the Minister.


document_id: pfa-1995
provision_ref: s11
chapter: PART 4 - ACCOUNTING AND AUDIT
section: 11
title: Accounts to be kept
content:
11. The Minister must cause to be kept proper accounts and records of all transactions and affairs relating to the Pension Fund and must do all things necessary to ensure that all payments out of the Fund are correctly made and properly authorised and that adequate control is maintained over the assets and receipts of the Fund.


document_id: pfa-1995
provision_ref: s12
chapter: PART 4 - ACCOUNTING AND AUDIT
section: 12
title: Financial statements and audit
content:
12. —(1) The Minister must, as soon as practicable after the close of each financial year, cause to be prepared and submitted financial statements in respect of that year to the Auditor-General who must audit and report on them. (2) In this section, the financial year of the Pension Fund begins on 1 April of each year and ends on 31 March of the succeeding year.


document_id: pfa-1995
provision_ref: s13
chapter: PART 4 - ACCOUNTING AND AUDIT
section: 13
title: Periodic examination of Pension Fund
content:
13. —(1) For successive periods of any duration, not exceeding 5 years, that the Minister may determine in each case, an examination of the Pension Fund must be made by a person appointed by the Minister. (2) Despite subsection (1), where an amendment is made — ( a ) to the Schedule or to any written law specified in the Schedule; or ( b ) to any prescribed superannuation scheme or to any regulations relating to that scheme, and the amendment affects the cost of benefits payable under the law or scheme or creates an initial unfunded liability, the Minister must, for the purposes of section 4(1)( a ), appoint a person to make an examination and report on the state of the Pension Fund. (3) The person appointed under subsection (1) or (2) must, at the end of the examination, report to the Minister the state of the Pension Fund having regard to its prospective liabilities and the probable annual provisions required by the Fund to meet those liabilities. (4) The Minister must cause a copy of every such report to be presented to Parliament forthwith after receiving it.


document_id: pfa-1995
provision_ref: s14
chapter: PART 4 - ACCOUNTING AND AUDIT
section: 14
title: Application of Financial Procedure Act 1966
content:
14. Unless otherwise expressly provided in this Act, the provisions of the Financial Procedure Act 1966 and any of its regulations apply to the Pension Fund.


document_id: pfa-1995
provision_ref: s15
chapter: PART 4 - ACCOUNTING AND AUDIT
section: 15
title: Regulations
content:
15. The Minister may make regulations prescribing all matters that are required to be prescribed or are necessary or expedient for carrying out or giving effect to this Act.


document_id: pfa-2004
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “accoutrement” includes surveillance equipment capable of being worn on the body for the purpose of recording a view of, or recording a conversation between, the wearer and another individual; “arms” includes firearm; “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “Auxiliary Police Force” means any force created under Part 9; “Auxiliary Police Forces Regulations” means regulations made under section 104; “auxiliary police officer” means a person appointed as such under Part 9; [ Deleted by Act 43 of 2024 wef 24/03/2025 ] “commanding officer” means any police officer not below the rank of Deputy Assistant Commissioner of Police, the Commander, Training Command or any police officer lawfully acting in any of these appointments; “Commissioner” means the Commissioner of Police appointed under section 6(1); “committee of inquiry” means a committee of inquiry established under Part 4; “constable” means a police officer below the rank of corporal; [Act 21 of 2021 wef 01/01/2022] “Deputy Commissioner”, in relation to any provision in this Act or its subsidiary legislation, or in the Police General Orders, Force Orders or Standing Orders, means the Deputy Commissioner of Police designated by the Commissioner for the purposes of that provision; “detention barrack” means any building or part thereof set aside by the Commissioner for the purpose of persons serving any sentence of detention under this Act; “disciplinary offence” means a service offence specified in the Schedule; “disciplinary officer” means — ( a ) in relation to a police officer, a commanding officer or any other officer authorised by a commanding officer to conduct disciplinary proceedings under Part 3 in relation to disciplinary offences committed by police officers below the rank of inspector; and ( b ) in relation to a special police officer, the relevant disciplinary officer specified in section 81(1) or 82(1), as the case may be; “emoluments” includes gross salary, the annual variable component, allowances (whether monthly, annual or otherwise), bonuses and other benefits but not performance bonuses; “forensic specialist” means an individual who is appointed under section 65A as a forensic specialist; “inspector” means an inspector of police of whatever grade from and including a chief inspector down to and including a probationary inspector; “law enforcement” means — ( a ) activities carried on by any police officer or law enforcement officer in the exercise of any function, power or duty of such an officer in accordance with law with respect to the commission of offences; or ( b ) activities carried on by any police officer or law enforcement officer for the purpose of dealing with terrorism, civil unrest or public disorder; “law enforcement agency” means — ( a ) the Central Narcotics Bureau; ( b ) the Internal Security Department; or ( c ) any similar department or office of the Government prescribed by the Minister by notification in the Gazette ; “law enforcement officer” means — ( a ) a narcotics officer appointed to the Narcotics Service; ( b ) an intelligence officer; or ( c ) a public officer holding a post, or seconded to serve, in a law enforcement agency; “lost property” means any movable property or cash that has been lost and whose owner is unknown at the time at which it is found; “national serviceman” means a person who has been directed to present himself for enlistment in the Police Force under the provisions of any written law for the time being in force relating to national service or enlistment; “non-police personnel performing duties in the Police Force” means a public officer or any other individual, either of whom is not a police officer but is performing duties in the Police Force under — ( a ) a posting; or ( b ) a secondment arrangement making available temporarily to the Police Force the services of such public officer or individual; [Act 21 of 2021 wef 01/01/2022] “owner”, in relation to property or cash, means the person who is entitled to possession of the property or cash; “Police Force” means the Singapore Police Force established under the repealed Act and continued by this Act; “police officer” means any member of the Police Force and includes a temporary constable; “Police Regulations” means regulations made under section 117; “Public Service Commission” means the Public Service Commission established under the Constitution; “repealed Act” means the Police Force Act (Cap. 235, 1985 Revised Edition) repealed by this Act; “security activity” includes any one or more of the following activities: ( a ) using or bearing arms while acting as a bodyguard or crowd controller; ( b ) using or bearing arms while patrolling, protecting, watching or guarding any property (including cash in transit); ( c ) such activity, or class of activities, that requires the use or bearing of arms and is connected with security or the protection of persons or property as is prescribed in the Auxiliary Police Forces Regulations; ( d ) the detention or arrest of individuals that police officers or law enforcement officers are authorised under written law to apprehend; ( e ) employing or providing persons to carry on any activity referred to in paragraph ( a ), ( b ) or ( c ); “senior police officer” means a police officer of all ranks from and including the Commissioner down to and including an inspector; “service offence” means — ( a ) in relation to a police officer, an offence punishable under Part 3; and ( b ) in relation to a special police officer, an offence punishable under Part 8; “share” includes stock except where a distinction between stock and share is expressed or implied; “Special Constabulary Regulations” means regulations made under section 85; “special police officer” means a member of the Special Constabulary constituted under Part 8; “substantial shareholder” has the meaning given by the Auxiliary Police Forces Regulations; “unclaimed property” means any lost property that has been in the custody of the Police Force for the period specified in section 108(2) and in relation to which — ( a ) there is no person who appears, to the satisfaction of the Commissioner, to be the owner of the lost property; ( b ) there is such a person but that person has not been located after reasonable inquiry; or ( c ) there is such a person but that person has not exercised his or her right to recover the lost property; “volunteer ex‑NSman” means a special police officer enrolled under section 68 as a volunteer ex‑NSman; “voting share” has the meaning given by section 4(1) of the Companies Act 1967. [10/2015] (2) In this Act and any regulations made thereunder, unless the context otherwise requires, any reference to any rank of police officer or special police officer includes a reference to a police officer or special police officer appointed to that rank on a probationary basis.


document_id: pfa-2004
provision_ref: s3
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 3
title: Constitution of Police Force
content:
3. —(1) As from 12 October 2004, the Singapore Police Force established and maintained under the repealed Act continues and is deemed to be established and maintained under this Act. (2) The Police Force consists of such number of — ( a ) senior police officers; and ( b ) other police officers below the rank of inspector, as are approved by the Minister. (3) The Police Force is also called the Polis Repablik Singapura.


document_id: pfa-2004
provision_ref: s4
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 4
title: Functions and duties of Police Force
content:
4. —(1) Subject to this Act, the Police Force has the following functions throughout Singapore: ( a ) to maintain law and order; ( b ) to preserve public peace; ( c ) to prevent and detect crimes; ( d ) to apprehend offenders; ( e ) to exercise any other function conferred on it by or under this Act or any other written law. (2) The duties of the Police Force are to take lawful measures for — ( a ) preserving the public peace; ( b ) preventing and detecting crimes and offences; ( c ) apprehending all persons whom police officers are legally authorised to apprehend; ( d ) regulating processions and assemblies in public roads, public places or places of public resort; ( e ) regulating the traffic upon public thoroughfares, and removing obstructions therefrom; ( f ) preserving order in public places and places of public resort, at public meetings and in assemblies for public amusements, for which purpose any police officer on duty must have free admission to all such places and meetings and assemblies while open to any member of the public; ( g ) assisting in carrying out the revenue, excise, sanitary, conservancy, quarantine and immigration laws; ( h ) assisting in preserving order in any port, harbour, train station and airport in Singapore; ( i ) executing summonses, subpoenas, orders to attend court, warrants, commitments and other process issued by courts and Justices of the Peace; [Act 25 of 2021 wef 01/04/2022] ( j ) disseminating information to and advising the public and conducting prosecutions; ( k ) taking action for the safe custody of lost property and for the disposal of unclaimed property; ( l ) assisting in the protection of life and property at fires; ( m ) protecting persons from injury or death, and public property from damage or loss, whether arising from criminal acts or in any other way; ( n ) attending the criminal courts and, if specially ordered, the civil courts, and keeping order in those courts; ( o ) escorting and guarding prisoners (including those in remand); and ( p ) executing such other duties as may by any written law be imposed on a police officer. [10/2015]


document_id: pfa-2004
provision_ref: s5
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 5
title: Administration of Police Force by Commissioner
content:
5. The Commissioner is responsible to the Minister for the supreme command, direction and administration of the Police Force, and of all persons appointed or engaged for police duties under the provisions of this Act.


document_id: pfa-2004
provision_ref: s6
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 6
title: Appointment of Commissioner
content:
6. —(1) Subject to subsection (2), the President may, on the advice of the Cabinet, appoint a public officer to be the Commissioner of Police. (2) The President may refuse to make an appointment, or to revoke the appointment, of the Commissioner if the President, acting in the President’s discretion, does not concur with the advice or recommendation of the Cabinet.


document_id: pfa-2004
provision_ref: s7
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 7
title: Appointment, etc., of other police officers
content:
7. —(1) Subject to the provisions of the Constitution, a senior police officer is to be appointed, promoted and confirmed by the Public Service Commission or the relevant Personnel Board established under the Constitution, as the case may be. (2) A police officer below the rank of inspector is — ( a ) to be appointed by the Commissioner or a commanding officer; and ( b ) to be promoted or advanced in grade by the Commissioner.


document_id: pfa-2004
provision_ref: s8
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 8
title: Warrant card
content:
8. A warrant card must be issued to every police officer and is evidence of his or her appointment under this Act.


document_id: pfa-2004
provision_ref: s9
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 9
title: Engagement of police officers
content:
9. —(1) A senior police officer is engaged to serve in the Police Force for such period and on such conditions of service as may be regulated by law and, subject to the provisions of any such law, by the President. (2) A police officer below the rank of inspector is engaged to serve in the Police Force for such period and on such conditions as may be prescribed by the Police Regulations. (3) Every engagement under subsection (2) must — ( a ) be in writing signed by the person engaged; and ( b ) be signed by a commanding officer or other officer authorised thereto under the Police Regulations. (4) Despite anything in any other law, every person who is at least 18 years of age is deemed competent to enter into an engagement under subsection (1) or (2).


document_id: pfa-2004
provision_ref: s10
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 10
title: Re-engagements of police officers below inspector
content:
10. —(1) Every police officer below the rank of inspector who has completed the period of service for which he or she was engaged may offer himself or herself for re‑engagement for a further period and, if approved, may be re‑engaged on such terms and conditions as may be prescribed by the Police Regulations. (2) Every such re-engagement must be evidenced in writing signed by the person re‑engaged and by a commanding officer or other officer authorised thereto under the Police Regulations.


document_id: pfa-2004
provision_ref: s11
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 11
title: Continuance of service
content:
11. —(1) Every police officer below the rank of inspector who continues in the Police Force after the completion of the period of service for which he or she was originally engaged is, unless he or she re‑engages for a further period in accordance with section 10, deemed to be under engagement to serve from month to month. (2) Every engagement from month to month under subsection (1) after the first month’s service starts on the first and is determinable on the last day of each successive month. (3) A police officer who is deemed to be under an engagement from month to month under subsection (1) must not resign from the Police Force unless the police officer has given in the prescribed manner at least one month’s notice in writing to the Commissioner or the commanding officer under whom the police officer is serving, as the case may be.


document_id: pfa-2004
provision_ref: s12
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 12
title: Resignation during term of engagement
content:
12. A police officer may resign from the Police Force in such manner as may be specified in his or her terms of engagement.


document_id: pfa-2004
provision_ref: s13
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 13
title: Temporary constables
content:
13. —(1) The Commissioner may without written engagement appoint persons to serve as temporary constables. (2) A temporary constable is deemed to be under engagement to serve from month to month, with every such engagement being held to commence on the first and to be determinable on the last day of each successive month. (3) A temporary constable may be discharged at any time after one month’s notice in writing by the Commissioner or a commanding officer. (4) A temporary constable must not resign from the Police Force unless the temporary constable has given at least one month’s notice in writing to the Commissioner or the commanding officer under whom the temporary constable is serving, as the case may be. (5) The notice in writing must be given on or before the first day of the month at the end of which such officer intends to resign. (6) A temporary constable has and may exercise all the powers and privileges of, and is subject to the same authority and discipline as, a constable.


document_id: pfa-2004
provision_ref: s13A
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 13A
title: No resignation during crisis period
content:
13A. —(1) Where a notice of resignation is given in accordance with section 11(3) or 13(4), or the terms of engagement mentioned in section 12, and is accepted before a crisis period starts — ( a ) the notice of resignation does not take effect before the end of the crisis period; ( b ) the crisis period must be excluded in calculating any notice period in order for the resignation to take effect; and ( c ) any notice period for the resignation to take effect must be extended by a period equal to the length of the crisis period, unless the Commissioner waives the application of this subsection to the particular notice of resignation on the ground that the service of the police officer or temporary constable giving the notice is not necessary for the securing of the public safety, defence and security of Singapore. (2) Despite section 11(3), 12 or 13(4), a notice of resignation to resign from the Police Force that is given by a police officer or temporary constable is invalid if — ( a ) the notice of resignation is given during a crisis period; and ( b ) the Commissioner refuses the notice of resignation. (3) The Commissioner may refuse a notice of resignation given during a crisis period only if the Commissioner is of the opinion that the service of the police officer or temporary constable giving the notice is necessary for the securing of the public safety, defence and security of Singapore. (4) In this section, “crisis period” means the period when any of the following is in force: ( a ) a Proclamation of Emergency issued under Article 150(1) of the Constitution of the Republic of Singapore; ( b ) an activation order given under section 8(1) of the Public Order and Safety (Special Powers) Act 2018. [Act 21 of 2021 wef 02/09/2022]


document_id: pfa-2004
provision_ref: s14
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 14
title: Discharge of police officers below inspector
content:
14. —(1) The Commissioner or a commanding officer may discharge any police officer below the rank of inspector who has less than 10 years’ service, whether such officer is serving on agreement or is under engagement to serve from month to month. (2) The Commissioner may, at any time, discharge a police officer below the rank of inspector with at least 10 years’ service if, in the opinion of the Commissioner, it is desirable in the public interest to do so. (3) Where a police officer has been discharged under this section, the Pensions Act 1956 or the Home Affairs Uniformed Services Superannuation Act 2001 (as the case may be) applies to the officer so far as any of its provisions or subsidiary legislation thereunder relate to the grant of any pension, gratuity, benefit or other allowance under that Act. (4) Nothing in this section is deemed to affect or limit any power of dismissal from the Police Force conferred by or under this Act.


document_id: pfa-2004
provision_ref: s15
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 15
title: Delivery of Government property on leaving Police Force
content:
15. —(1) Every police officer must, before leaving the Police Force because of his or her resignation, dismissal, discharge or otherwise, deliver up in good order (fair wear and tear only excepted) any of the following that belongs to the Government, is issued to the police officer and is in his or her possession: ( a ) arms or ammunition; ( b ) any other article or property specified in the Police General Orders in section 118 or the Force Orders in section 119. [Act 21 of 2021 wef 02/09/2022] (2) A person neglecting so to deliver up such article or property in accordance with subsection (1) shall be guilty of an offence and shall — ( a ) be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months; and ( b ) be liable to pay to the Government the value of the article or property not delivered up. (3) The value of any article or property not delivered up in accordance with subsection (1) — ( a ) must be ascertained in a summary manner by the same court by which the person was convicted; and ( b ) is recoverable as a fine.


document_id: pfa-2004
provision_ref: s16
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 16
title: Police officer not to be member of trade union, etc.
content:
16. —(1) It is not lawful for any police officer to be a member of — ( a ) any trade union or any body or association affiliated to a trade union; ( b ) any body or association the objects of which are or include controlling or influencing the emoluments, pensions or conditions of service of any police officer; or ( c ) any body or association with political objects. [10/2015] (2) A police officer who contravenes subsection (1) shall be guilty of an offence. (3) If any question arises as to whether any body is a trade union or other body or association to which subsection (1) applies, the question is to be determined by the Minister on the advice of the Commissioner. (4) For the purpose of enabling police officers to consider and bring to the notice of the Government matters affecting their welfare and efficiency, including emoluments, pensions, welfare and conditions of service (other than matters of discipline and promotion affecting individuals), the Commissioner may establish one or more associations composed only of police officers. [10/2015] (5) Any association established under subsection (4) and any branch of the association must — ( a ) operate and be administered in accordance with the Police Regulations; and ( b ) be entirely independent of any trade union or other association outside the Police Force. (6) Any association established under subsection (4) is — ( a ) deemed not to be a trade union within the meaning of the Trade Unions Act 1940; and ( b ) exempt from the provisions of the Societies Act 1966.


document_id: pfa-2004
provision_ref: s17
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 17
title: Delegation of powers
content:
17. —(1) Except as otherwise specially provided in section 18 or 110A and the Public Order and Safety (Special Powers) Act 2018, any act or thing which may be done, ordered or performed by the Commissioner under this Act or any other written law may, subject to the orders and directions of the Commissioner, be done, ordered or performed by — ( a ) any police officer not below the rank of superintendent; or ( b ) any non-police personnel performing duties in the Police Force who is not below the prescribed grade. (2) Except as otherwise specially provided in section 18 or any other written law, where a Deputy Commissioner is absent or incapable for any reason of performing or discharging any of his or her duties under any written law, the Commissioner may authorise — ( a ) any police officer not below the rank of assistant superintendent; or ( b ) any non-police personnel performing duties in the Police Force who is not below the prescribed grade, to exercise the powers conferred and perform the duties imposed on the Deputy Commissioner by any written law. [Act 21 of 2021 wef 02/09/2022]


document_id: pfa-2004
provision_ref: s18
chapter: PART 2 - CONSTITUTION AND ADMINISTRATION OF POLICE FORCE
section: 18
title: Power of Minister to substitute another officer for Commissioner or Deputy Commissioner
content:
18. —(1) Whenever by any written law power is given to the Commissioner or a Deputy Commissioner to grant licences for any purpose, the Minister may appoint by name or office — ( a ) a police officer not below the rank of superintendent or assistant superintendent in the case of permits under the Public Order Act 2009; or ( b ) any person (whether or not a police officer) in any other case, to grant such licences in the place of or in addition to the Commissioner or the Deputy Commissioner, as the case may be. [15/2009; 10/2015] [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) Any licence granted by any person appointed under subsection (1) is as valid and effectual for all purposes as if the licence had been granted by the Commissioner or the Deputy Commissioner. (3) Whenever by any written law power is given to the Commissioner to hear an appeal against any decision, and the decision‑maker is a police officer who, if not for this subsection, may hear that appeal, then despite section 17(1), the appeal must be heard and determined by — ( a ) the Commissioner in person (and no other); or ( b ) if the Commissioner is absent or incapable for any reason of hearing and determining that appeal, a public officer who is not the decision‑maker whose decision is appealed against and not subordinate to that decision‑maker, and is designated by the Minister to hear and determine that appeal. [10/2015] (4) In this section — “grant”, when used with reference to a licence, includes issue or give; “licence” includes a pass and a permit.


document_id: pfa-2004
provision_ref: s19
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 19
title: Oath of office
content:
19. —(1) Every police officer must, before entering on the duties of his or her office, take an oath of office and oath of allegiance prescribed by the Oaths and Declarations Act 2000 in such manner as may be prescribed in the Police Regulations. [Act 25 of 2023 wef 01/12/2023] (2) To avoid doubt, where an oath is required to be taken under subsection (1), a police officer may take the oath by appearing before the person administering the oath through a live video link or live television link created using a remote communication technology that allows the person administering the oath to — ( a ) maintain visual contact and communicate with the police officer taking the oath, and any interpreter present, throughout the process; ( b ) confirm the identity of the police officer taking the oath and any interpreter present; and ( c ) if the oath is to be subscribed, verify by inspection the oath to be subscribed. [Act 25 of 2023 wef 01/12/2023]


document_id: pfa-2004
provision_ref: s20
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 20
title: Liability of police officers to serve
content:
20. All police officers are bound to serve in any part of Singapore or on board any vessel or aircraft in the service of the Government, or to proceed to and serve outside Singapore as provided in Part 5.


document_id: pfa-2004
provision_ref: s21
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 21
title: Police officers to obey lawful orders
content:
21. —(1) Every police officer must — ( a ) obey all lawful orders, whether given orally or in writing; and ( b ) obey and conform to the Police Regulations, the Police General Orders, any Force Orders and any Standing Orders made under this Act. (2) In particular, a police officer is required — ( a ) to serve wherever he or she is lawfully ordered; and ( b ) to perform such police duties as may be lawfully ordered. (3) All powers granted to and duties imposed by any written law on any police officer are to be exercised or performed in accordance with the Police Regulations, the Police General Orders, any Force Orders and any Standing Orders made under this Act.


document_id: pfa-2004
provision_ref: s22
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 22
title: Police officer to be armed
content:
22. Every police officer is provided with such arms, ammunition and other accoutrements as may be necessary for the effectual discharge of his or her duties.


document_id: pfa-2004
provision_ref: s23
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 23
title: Police officer to be deemed on duty
content:
23. Every police officer is, for the purposes of this Act, deemed to be always on duty when required to act as such and has to perform the duties and exercise the powers granted to him or her under this Act or any other written law at any time and every place where he or she may be doing duty.


document_id: pfa-2004
provision_ref: s24
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 24
title: Police officer not exempted from ordinary process of law
content:
24. —(1) Nothing in this Act is deemed to prevent the prosecution, conviction and punishment of any police officer according to the provisions of any other written law for the time being in force in Singapore. (2) No person who has been acquitted by a court of any offence is to be tried on the same charge under this Act. (3) A sentence upon a police officer is not affected by such person ceasing to be a police officer by discharge or otherwise. (4) No pay accrues to any police officer in respect of any period during which he or she is undergoing any sentence of imprisonment.


document_id: pfa-2004
provision_ref: s25
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 25
title: Non-liability for act done under authority of warrant
content:
25. —(1) Where the defence to any suit instituted against a police officer is that the act complained of was done in obedience to a warrant purporting to be issued by any competent authority, the court is, upon production of the warrant containing the signature of such authority and upon proof that the act complained of was done in obedience to such warrant, to enter judgment in favour of such police officer. (2) No proof of the signature of such authority is required unless the court has reason to doubt the genuineness of the signature. (3) Where it is proved that the signature on a warrant card is not genuine, judgment is nevertheless to be given in favour of such police officer if it is proved that, at the time when the act complained of was committed, the police officer believed on reasonable grounds that the signature was genuine. (4) Where this section provides to a police officer relief from liability, the section also extends to apply to a forensic specialist assisting that police officer in the course of his or her duty as a forensic specialist in accordance with section 65B. [10/2015]


document_id: pfa-2004
provision_ref: s26
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 26
title: Road barriers
content:
26. —(1) Despite any other law in force in Singapore, any police officer may, if the police officer considers it necessary to do so for the maintenance and preservation of law and order or for the prevention or detection of crime — ( a ) erect or place barriers in or across any public road or street or in any public place in such manner as the police officer may think fit; and ( b ) take all reasonable steps to prevent any vehicle being driven or ridden past, or any person from crossing, any such barrier. (2) Where a barrier is erected or placed in or across any public road or street or in any public place pursuant to subsection (1), a police officer may order the driver or rider of any vehicle travelling in the direction of the barrier — ( a ) to proceed towards the barrier and stop the vehicle at or near, or before reaching the barrier; and ( b ) to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed. (3) An order under subsection (2) to the driver or rider of any vehicle may be given — ( a ) by spoken word in a manner which is likely to be audible to the driver or rider; ( b ) by any recognised hand signal in a manner which is likely to be visible to the driver or rider; or ( c ) by any other prescribed signal which is likely to be audible or visible to the driver or rider. (4) If any notice or sign warning of the presence of a barrier erected or placed in or across any public road or street or in any public place pursuant to subsection (1), is displayed to traffic approaching the barrier, the notice or sign constitutes and is to be treated, for the purposes of this section, as an order under subsection (2) addressed by a police officer to any driver or rider of any vehicle who is travelling in the direction of the barrier and who ought reasonably to have seen the notice or sign to do the following: ( a ) to proceed towards the barrier and stop the vehicle at or near, or before reaching the barrier; ( b ) to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed. (5) Any driver or rider of any vehicle commits an offence if — ( a ) he or she is ordered under subsection (2) by a police officer — (i) to proceed towards the barrier and stop the vehicle at or near, or before reaching the barrier; and (ii) to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed; and ( b ) he or she fails — (i) to proceed towards the barrier and stop the vehicle at or near, or before reaching the barrier; or (ii) to remain in the vehicle and keep the vehicle stationary until permitted by a police officer to proceed. (6) Where a barrier is erected or placed in or across any public road or street or in any public place pursuant to subsection (1), a police officer may direct a pedestrian travelling in the direction of the barrier — ( a ) to proceed towards the barrier and stop at or near, or before reaching the barrier; and ( b ) to remain there until permitted by a police officer to continue. (7) A person who is a pedestrian travelling on any public road or street or in any public place commits an offence if the person fails to comply with any direction of a police officer to the person under subsection (6). (8) A person who is guilty of an offence — ( a ) under subsection (5) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both; or ( b ) under subsection (7) shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 3 months or to both. (9) In proceedings against an accused for an offence under subsection (5) or (7), where it is alleged that the accused failed to comply with an order under subsection (2) or a direction under subsection (6) (as the case may be), it is a defence for the accused to prove, on a balance of probabilities, that it was not reasonably practicable to do more than what was in fact done to comply with the order or direction, as the case may be. (10) Any police officer may, without warrant, arrest — ( a ) any driver or rider of any vehicle who fails to comply with an order under subsection (2) by a police officer; ( b ) any pedestrian who fails to comply with a direction under subsection (6) by a police officer; or ( c ) any driver or rider of any vehicle mentioned in paragraph ( a ), or any pedestrian mentioned in paragraph ( b ), who in response to a request by a police officer giving the order or direction — (i) refuses to give his or her name and a residential address in Singapore; or (ii) gives a name which the police officer has reason to believe is false or misleading or gives an address other than the full and correct residential address in Singapore of the driver, rider or pedestrian, as the case may be. (11) No police officer shall be liable for any loss or damage to any vehicle, or for any injury to the driver or rider or any other occupant of the vehicle, as a result of the driver or rider of the vehicle failing to obey any police officer acting under this section. [Act 21 of 2021 wef 01/01/2022]


document_id: pfa-2004
provision_ref: s26A
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 26A
title: Application of sections 26B, 26C and 26D in attempted suicide cases
content:
26A. —(1) Sections 26AA, 26B, 26C and 26D apply only where a police officer reasonably suspects that a person is about to or has attempted to commit suicide and where the powers under those sections are reasonably necessary for any of the following purposes: ( a ) preventing personal injury, hurt or death to any person; ( b ) facilitating an inquiry within the meaning of section 2 of the Coroners Act 2010 if death is caused either to the person who attempted suicide or any other person; ( c ) preserving evidence for the purpose of any subsequent investigations into or proceedings in relation to any suspected arrestable offence which may be disclosed. [15/2019] [Act 16 of 2024 wef 01/01/2025] (2) For the purposes of this section and sections 26AA, 26B, 26C and 26D — ( a ) a reference to a police officer includes a reference to — (i) a special police officer; and (ii) a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner under section 65B and the lawful directions of the police officer he or she assists; and ( b ) “arrestable offence”, “court”, “financial institution”, “place”, “police station” and “property” have the meanings given by section 2(1) of the Criminal Procedure Code 2010. [15/2019] [Act 16 of 2024 wef 01/01/2025]


document_id: pfa-2004
provision_ref: s26AA
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 26AA
title: Manner of apprehension in attempted suicide cases
content:
26AA. —(1) In apprehending a person whom a police officer reasonably suspects is about to or has attempted to commit suicide — ( a ) the police officer must touch or confine the body of the person to be apprehended unless the person submits to the apprehension by word or action; and ( b ) if the person forcibly resists or tries to evade apprehension, the police officer may use all reasonable means necessary to apprehend the person. (2) The person apprehended must not be restrained more than is necessary to prevent his or her escape. (3) If an apprehended person in lawful custody escapes or is rescued, the person from whose custody he or she escaped or was rescued, or any police officer, may immediately pursue and apprehend him or her for the purpose of returning him or her to the place where he or she was in lawful custody. (4) Section 26B applies to any apprehension under subsection (3) even if the person making the apprehension is not a police officer having authority to apprehend. (5) Every person is bound to help a police officer authorised to make an apprehension who reasonably demands the person’s aid in apprehending a person whom the police officer is authorised to apprehend. [Act 16 of 2024 wef 01/01/2025]


document_id: pfa-2004
provision_ref: s26B
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 26B
title: Search by police officer for or of person in suicide or attempted suicide cases
content:
26B. —(1) A police officer may, without a search warrant — ( a ) search or cause a search to be made in any place for a person if the police officer has reason to believe that the search is necessary for any purpose mentioned in section 26A(1); or ( b ) search a person and place in safe custody all articles other than necessary wearing apparel found upon that person if the police officer has reason to believe that the search is necessary for any purpose mentioned in section 26A(1). [15/2019] (2) The police officer in subsection (1) must, if reasonably practicable, conduct the search in person. [15/2019] (2A) Whenever it is necessary to cause a woman to be searched under subsection (1)( b ), the search must be made by a police officer who is a woman and with strict regard to decency. [Act 16 of 2024 wef 01/01/2025] (3) The provisions of the Criminal Procedure Code 2010 relating to searches pursuant to search warrants, with the necessary modifications, apply to a search made under this section. [15/2019] (4) Where a police officer executing any search under this section demands entry or access to a place liable to search under this section, the occupier or any person in charge of the place must allow the police officer free entry or access and provide all reasonable facilities for a search in it. [15/2019] (5) If free entry or access to that place cannot be obtained under subsection (4), it is lawful in any case for the police officer or other person executing the search to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place. [15/2019] (6) A police officer may break open a place to free himself or herself or any other person who, having lawfully gone inside to make a search under subsection (1)( a ), is detained in it. [Act 16 of 2024 wef 01/01/2025]


document_id: pfa-2004
provision_ref: s26C
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 26C
title: Search by police officer for document or thing in suicide or attempted suicide cases
content:
26C. —(1) A police officer may, without a search warrant, search or cause a search to be made for a document or other thing in any place if — ( a ) the police officer considers the document or thing to be necessary for any purpose mentioned in section 26A(1); ( b ) the police officer has reason to believe that the document or thing, which the police officer considers to be necessary for any purpose mentioned in section 26A(1), is likely to be removed; or ( c ) it is not known who possesses the document or thing which the police officer considers to be necessary for any purpose mentioned in section 26A(1). [15/2019] (2) The police officer in subsection (1) must, if reasonably practicable, conduct the search in person. [15/2019] (3) The provisions of the Criminal Procedure Code 2010 relating to searches pursuant to search warrants, with the necessary modifications, apply to a search made under this section. [15/2019] (4) Where a police officer executing any search under this section demands entry or access to a place liable to search under this section, the occupier or any person in charge of the place must allow the police officer free entry or access and provide all reasonable facilities for a search in it. [15/2019] (5) If free entry or access to that place cannot be obtained under subsection (4), it is lawful in any case for the police officer or other person executing the search to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place. [15/2019]


document_id: pfa-2004
provision_ref: s26D
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 26D
title: Powers to seize property in suicide or attempted suicide cases
content:
26D. —(1) A police officer may seize, or prohibit the disposal of or dealing in, any property. [15/2019] (2) If the property liable to be seized under subsection (1) is held or suspected to be held in an account or a safe deposit box in a financial institution, a police officer of or above the rank of inspector may, by written order — ( a ) direct the financial institution to deliver the property to any police officer; or ( b ) direct the financial institution not to allow any dealings in respect of the property in such account or safe deposit box for such period as may be specified in the order. [15/2019] (3) A police officer to whom any property has been delivered because of an order under subsection (2)( a ) must, as soon as is reasonably practicable, report at a police station his or her receipt of the property. [15/2019] (4) A police officer may exercise the powers conferred under this section despite any provision in any other law relating to the seizure of, or the prohibition of any disposal of or dealing in, any property. [15/2019] (5) Where any property held in an account in a financial institution is subject to an order made under subsection (2)( b ) — ( a ) any interest or other earnings on such account, or any other payments, may be credited into such account after the date on which the written order was made; and ( b ) any such interest, other earnings or payments is deemed to be subject to that same written order. [15/2019] (6) Any financial institution which contravenes an order made under subsection (2)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000. [15/2019] (7) A court may — ( a ) subsequent to an order of a police officer made under subsection (2); and ( b ) on the application of any person who is prevented from dealing with property, order the release of such property or any part of such property. [15/2019] (8) The court may only order a release of property under subsection (7) if the court is satisfied that — ( a ) such release is necessary for the payment of basic expenses, including any payment for foodstuff, rent, the discharge of a mortgage, medicine, medical treatment, taxes, insurance premiums and public utility charges; ( b ) such release is necessary exclusively for — (i) the payment of reasonable professional fees and the reimbursement of any expenses incurred in connection with the provision of legal services; or (ii) the payment of fees or service charges imposed for the routine holding or maintenance of the property which the person is prevented from dealing in; ( c ) such release is necessary for the payment of any extraordinary expenses; ( d ) the property is the subject of any judicial, administrative or arbitral lien or judgment, in which case the property may be used to satisfy such lien or judgment, provided that the lien or judgment arose or was entered before the order was made under subsection (2)( b ); or ( e ) such release is necessary, where the person is a company incorporated in Singapore, for any day-to-day operations of the company. [15/2019] (9) Part 19 (Disposal of property) of the Criminal Procedure Code 2010 applies to the disposal of any property seized under this section with the necessary modifications as if it were property seized in the exercise of any power under that Code. [15/2019]


document_id: pfa-2004
provision_ref: s26E
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 26E
title: Forced entry in non-suicide cases
content:
26E. —(1) If a police officer — ( a ) reasonably suspects that a person in any place requires assistance because of any injury or the person’s poor state of health; ( b ) is unable to gain entry or access into the place; and ( c ) is of the view that entry or access into the place is necessary to protect the life, health or safety of the person, it is lawful for the police officer to break open any outer or inner door or window of the place or to use any other reasonable means in order to gain entry or access into the place. (2) However, no power conferred under this section may be exercised in relation to a person whom the police officer reasonably suspects is about to attempt or has attempted to commit suicide. [Act 21 of 2021 wef 01/01/2022]


document_id: pfa-2004
provision_ref: s26F
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 26F
title: Powers upon apprehension of person in non-suicide cases
content:
26F. —(1) Subject to subsection (2), this section applies where a police officer apprehends any person under any written law prescribed in the Police Regulations. (2) This section does not apply where an apprehension is carried out in relation to a person whom the police officer reasonably suspects is about to or has attempted to commit suicide and to which sections 26A to 26D apply. (3) Division 3 of Part 6 of the Criminal Procedure Code 2010 applies to an apprehension mentioned in subsection (1) as it applies to an arrest, with any exception or modification that the Minister may prescribe in the Police Regulations. (4) For the purposes of subsection (3), the Minister may prescribe different modifications with respect to different provisions of written law mentioned in subsection (1). [Act 16 of 2024 wef 01/01/2025]


document_id: pfa-2004
provision_ref: s27
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 27
title: Employment of police officers for private purposes
content:
27. —(1) Any person may apply to the Commissioner, in such form and manner as may be prescribed, to employ police officers for — ( a ) the purpose of guarding the applicant or any other person or any property; or ( b ) any other reason acceptable to the Commissioner. (2) The Commissioner may grant an application made under subsection (1) subject to any conditions that the Commissioner thinks fit, including but not limited to the following: ( a ) the applicant must pay for the services of the police officers such amount or at such rate as may be prescribed, and if no such amount or rate is so prescribed, such amount or rate as the Commissioner thinks fit; ( b ) the number of police officers to be placed at the disposal of the applicant for such service, and the conditions of service. (3) The Government shall not be liable for any loss or damage to property, whether owned by the applicant or by any other person, consequent on the employment of police officers as provided in this section. Division 2 &#x2014; Discipline of police officers


document_id: pfa-2004
provision_ref: s28
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 28
title: Discipline of police officers
content:
28. —(1) A senior police officer may be interdicted, dismissed or otherwise disciplined by or under the authority of the Public Service Commission in accordance with the regulations governing disciplinary proceedings against officers in the public service. [10/2015] (2) A police officer below the rank of inspector may be interdicted, dismissed or otherwise disciplined by or under the authority of this Act.


document_id: pfa-2004
provision_ref: s29
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 29
title: Interdiction
content:
29. —(1) A police officer below the rank of inspector may be interdicted from the performance of duty by the Commissioner where — ( a ) the police officer is charged in court for an offence and the Commissioner is of the opinion that the nature and gravity of the offence warrants the police officer’s interdiction; ( b ) the police officer is being investigated for having committed an offence under any written law and the Commissioner considers that it is undesirable for that officer to continue to exercise the powers or perform the duties of a police officer; ( c ) disciplinary proceedings under this Part that may result in the police officer’s dismissal, reduction in rank or retirement in the public interest are or are to be instituted under this Part; or ( d ) the Commissioner considers that it is otherwise in the public interest that the police officer should immediately cease to exercise the powers and perform the duties of a police officer. [10/2015] (2) Where a police officer has been interdicted under subsection (1), the Commissioner may order that the whole or such part of the police officer’s emoluments as the Commissioner thinks fit to be withheld during the period of interdiction. [10/2015] (3) If disciplinary proceedings started against a police officer below the rank of inspector under this Part result in the police officer’s dismissal, the Commissioner may order the forfeiture of all or any of the emoluments which the police officer would have enjoyed but for the police officer’s dismissal. [10/2015] (4) If disciplinary proceedings started against a police officer below the rank of inspector under this Part result in a disciplinary measure other than dismissal — ( a ) where the police officer’s emoluments (other than increments) have been withheld, the Commissioner may order the forfeiture of the whole or a part of the withheld emoluments or that the withheld emoluments or a part of it be restored; and ( b ) where the police officer’s increment has been withheld, the Commissioner may order the forfeiture of the whole or a part of the withheld increment or that the withheld increment or a part of it be restored. [10/2015] (5) If the Commissioner decides that no disciplinary proceedings are to be started under this Part against a police officer who is interdicted under subsection (1), or if any such disciplinary proceedings started against the police officer do not result in any disciplinary measure being imposed on him or her, the police officer is to be entitled to the full amount of the emoluments (including increments) withheld as a result of his or her interdiction. [10/2015] (6) When directing that any withheld increment or part of any withheld increment be restored under subsection (4)( b ), the Commissioner must specify the date from which the increment is to be restored. [10/2015] (7) To avoid doubt, nothing in this section affects section 42. [10/2015]


document_id: pfa-2004
provision_ref: s30
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 30
title: Police officer not to resign when disciplinary proceedings are pending
content:
30. —(1) Despite any other provision of this Act, a police officer below the rank of inspector must not, without the written permission of the Commissioner, resign from the Police Force during the period — ( a ) when any disciplinary proceedings or any prosecution for a service offence instituted against the police officer is pending; ( b ) the police officer is interdicted under section 29 from the performance of duty; ( c ) after notice of intention to prefer disciplinary charges or to prosecute the police officer for a service offence is given to the police officer; or ( d ) where the police officer has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending. [10/2015] (2) Except with the written permission of the Commissioner, a police officer below the rank of inspector must not, during any period referred to in subsection (1), leave Singapore before disciplinary proceedings against that police officer under this Part are concluded. [10/2015]


document_id: pfa-2004
provision_ref: s31
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 31
title: Disciplinary proceedings
content:
31. —(1) Every allegation against any police officer below the rank of inspector that he or she has committed a disciplinary offence must be reported in the form of a charge to a disciplinary officer. (2) A disciplinary officer may, when dealing with a charge brought before him or her under subsection (1), dismiss the charge if and only if he or she is satisfied that — ( a ) the charge is groundless and ought not to be proceeded with; or ( b ) there are special circumstances which justify its dismissal, and the disciplinary officer must record his or her reasons for the dismissal. (3) A disciplinary officer is not bound by the law of evidence when dealing with a charge brought before him or her under subsection (1) and, subject to the Police Regulations, must act in such manner as seems to him or her most expedient for the disposal of the case before him or her.


document_id: pfa-2004
provision_ref: s32
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 32
title: Commissioner may refer case to Public Service Commission for determination
content:
32. —(1) Despite section 31, the Commissioner may, if the Commissioner thinks fit, refer any case where disciplinary proceedings for a disciplinary offence are to be taken under this Part against a police officer below the rank of inspector to the Public Service Commission for the case to be dealt with by the Public Service Commission in accordance with the regulations governing disciplinary proceedings against officers in the public service. [10/2015] (2) Where any case has been referred to the Public Service Commission under subsection (1), the Commission may — ( a ) order that the police officer below the rank of inspector concerned be dismissed; ( b ) order that the police officer be retired in the public interest from the Police Force; or ( c ) punish the police officer in accordance with section 40(2), (3), (4) or (5), as the case may be. [10/2015] (3) Where any case has been referred to the Public Service Commission under subsection (1), any reference in this Act to a disciplinary officer includes a reference to the Public Service Commission.


document_id: pfa-2004
provision_ref: s33
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 33
title: Power to secure attendance of witnesses
content:
33. —(1) A police officer who is — ( a ) authorised to conduct an investigation into; or ( b ) a disciplinary officer authorised to conduct disciplinary proceedings for, any alleged service offence committed by another police officer or a special police officer, may apply to a Magistrate for a summons to secure the attendance before the police officer, as a witness, of any person who appears to be acquainted with the circumstances of the case. (2) Subject to subsection (3), a Magistrate may issue a summons accordingly and such witness — ( a ) is bound to attend at the time and place mentioned in the summons; ( b ) is bound to answer truly all questions relating to such case as may be put to him or her by the police officer mentioned in subsection (1); and ( c ) must produce all documents relevant to such case. (3) Nothing in this section is to be construed to compel any person to disclose any matter or produce any document which would have been protected from disclosure or production (as the case may be) on the ground of privilege if the proceedings had been held in any court. Division 3 &#x2014; Service offences


document_id: pfa-2004
provision_ref: s34
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 34
title: Desertion
content:
34. —(1) A police officer who deserts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and to imprisonment for a term not exceeding 10 years, and all arrears of emoluments due to him or her shall be forfeited. [10/2015] (2) For the purposes of this section, a person deserts if he or she, being on duty, or having been notified to report for duty, without leave does not attend at or leaves his or her place of duty in circumstances which show that he or she has the intention to remain permanently absent without leave or of not returning to his or her duty. (3) Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).


document_id: pfa-2004
provision_ref: s35
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 35
title: Connivance at desertion
content:
35. A person who — ( a ) being aware of the desertion or intended desertion of a police officer, does not without reasonable excuse inform his or her superior officer immediately; or ( b ) fails to take any steps in his or her power to cause the apprehension of a police officer whom he or she knows, or has reasonable cause to believe, to be a deserter, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and to imprisonment for a term not exceeding 2 years or to any other punishment authorised by this Act.


document_id: pfa-2004
provision_ref: s36
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 36
title: Absence without leave
content:
36. —(1) A police officer who is absent without leave 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 2 years or to both, and to any other punishment authorised by this Act, and all arrears of emoluments due to him or her shall be forfeited. [10/2015] (2) Any police officer is absent without leave if the police officer — ( a ) without authority leaves his or her place of duty; ( b ) without authority is absent from his or her place of duty; ( c ) having been authorised to be absent from his or her place of duty, fails to return to his or her place of duty at the end of the period for which his or her absence was authorised; or ( d ) having been notified to report for duty, fails to report to his or her place of duty without lawful excuse. (3) It is a defence for any person charged with an offence under this section to prove that his or her absence was a result of circumstances over which he or she had no control. (4) Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).


document_id: pfa-2004
provision_ref: s37
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 37
title: Threatening or insulting another officer of senior or equal rank
content:
37. A police officer who threatens or insults another police officer of senior or equal rank when — ( a ) such other officer is on duty; or ( b ) such threat or insult relates to or is consequent on the discharge of duty by the officer so threatened or insulted, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pfa-2004
provision_ref: s38
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 38
title: Attempt to commit service offence
content:
38. —(1) A person who, with intent to commit any service offence, by act or omission behaves in a manner that is, or that the person believes to be, a substantial step towards the commission of the service offence is deemed, for the purpose of this section, to have attempted to commit the service offence. (2) A person who attempts to commit a service offence under any of the provisions of this Part shall be liable on conviction or on being found guilty thereof to the like punishment for that offence. (3) A person charged with attempting to commit a service offence may be convicted or found guilty of the attempt even though the evidence in the proceedings proves that the person committed the offence. (4) Where an attempt to commit a service offence is voluntarily abandoned, the fact and circumstances of that abandonment are to be taken into consideration in mitigation of any punishment to be imposed in respect of the attempt.


document_id: pfa-2004
provision_ref: s39
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 39
title: Aiding, etc., commission of service offence
content:
39. A person who intentionally or recklessly — ( a ) aids, abets, counsels or procures; ( b ) incites to, urges or encourages; or ( c ) commands or orders, the commission of a service offence shall be guilty of the service offence.


document_id: pfa-2004
provision_ref: s40
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 40
title: Disciplinary offences
content:
40. —(1) The service offences specified in the Schedule are disciplinary offences. (2) Subject to subsections (3), (4) and (5), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Police Regulations, a police officer below the rank of inspector is found guilty of a disciplinary offence by a disciplinary officer who is a commanding officer, the disciplinary officer may order that such police officer be subject to any one of the following punishments: ( a ) dismissal or retirement in the public interest from the Police Force; ( b ) reduction in rank, grade or seniority; ( c ) stoppage of increment for up to 2 years; ( d ) stoppage of leave; ( e ) restriction of privileges; ( f ) extra duty; ( g ) reprimand; ( h ) caution. [10/2015] (3) A disciplinary officer who is not a commanding officer but is an officer authorised by a commanding officer to conduct disciplinary proceedings against a police officer below the rank of inspector (called in this subsection and subsection (3A) the defendant police officer) may, after giving the defendant police officer a reasonable opportunity to be heard in accordance with this Act and the Police Regulations and if that disciplinary officer is satisfied on the evidence as to the defendant police officer’s guilt — ( a ) order that the defendant police officer be subject to any one of the punishments specified in subsection (2)( b ) to ( h ); or ( b ) recommend in writing to the commanding officer that the defendant police officer should be dismissed or retired in the public interest from the Police Force, together with a report containing a record of the proceedings conducted by the disciplinary officer and the grounds for the recommendation. [10/2015] (3A) Upon receipt of any written recommendation and report under subsection (3)( b ) from a disciplinary officer with respect to a defendant police officer below the rank of inspector, the commanding officer may, after reviewing that report, by order — ( a ) quash any finding of guilt made by the disciplinary officer and acquit the defendant police officer if the commanding officer is of the opinion that — (i) the finding is illegal or cannot be supported by the evidence; or (ii) the disciplinary proceedings conducted by the disciplinary officer were not in accordance with any provision in this Part or the Police Regulations, and, where appropriate, refer the case to another disciplinary officer recommending that disciplinary proceedings be re‑instituted against the defendant police officer; or ( b ) dismiss the defendant police officer, or order the defendant police officer’s retirement in the public interest, from the Police Force or substitute another punishment referred to in subsection (2)( b ) to ( h ). [10/2015] (4) A disciplinary officer may, in lieu of or in addition to any punishment imposed under subsection (2), (3)( a ) or (3A)( b ), order — ( a ) the police officer concerned to pay a fine not exceeding $200 or a higher amount prescribed in substitution; or [Act 21 of 2021 wef 02/09/2022] ( b ) the forfeiture of not more than one month of the police officer’s gross monthly salary. [10/2015] (4A) Any regulations made under section 117 prescribing an amount of fine in substitution of the amount specified in subsection (4) must not apply to or in relation to a disciplinary offence committed before the date the regulations come into force. [Act 21 of 2021 wef 02/09/2022] (5) In addition to any punishment imposed under subsection (2), (3)( a ) or (3A)( b ), a disciplinary officer may make the following orders where the disciplinary officer finds any police officer below the rank of inspector guilty of the following disciplinary offences: ( a ) in the case of the disciplinary offence of absence without leave, an order of forfeiture of the police officer’s emoluments in respect of the period of absence or such lesser period as the disciplinary officer may consider fit; or ( b ) in the case of the disciplinary offence of wilful destruction or negligent loss of or damage to property belonging to the Government, an order for the police officer concerned to make good, either partially or wholly, the value of such property or the amount of such loss or damage. [10/2015] (6) Where an order is made by a disciplinary officer under subsection (2), (3)( a ), (3A)( b ), (4) or (5) against a police officer below the rank of inspector, that police officer may, not later than the 30th day after the date the order is served on the police officer, appeal to a Disciplinary Appeal Committee against any punishment imposed by, or against any finding of guilt in, the disciplinary officer’s order. [10/2015] (7) In every case where an appeal has been made under subsection (6) against any order under subsection (2), (3)( a ), (3A)( b ), (4) or (5), the punishment awarded by that order must be suspended pending the determination of the appeal. [10/2015] (8) A Disciplinary Appeal Committee may determine an appeal under subsection (6) against an order of a disciplinary officer — ( a ) by confirming any finding of guilt or punishment ordered by the disciplinary officer; ( b ) by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Disciplinary Appeal Committee is of the opinion that the case against the appellant should be re‑tried, by ordering the case to be re‑tried by another disciplinary officer; ( c ) by replacing any finding by the disciplinary officer that, in the opinion of the Disciplinary Appeal Committee, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer on the charge and on the facts; or ( d ) by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard, and the decision of the Disciplinary Appeal Committee in any such appeal is final. [10/2015] (9) Where a police officer below the rank of inspector is ordered to be retired in the public interest under subsection (2), his or her service is, for the purposes of the Pensions Act 1956 or the Home Affairs Uniformed Services Superannuation Act 2001, deemed to have been terminated or retired in the public interest. [10/2015] (10) The value or amount ordered to be made good by a police officer under subsection (5)( b ) — ( a ) may be recovered by stoppage of the whole or part of any of his or her emoluments; ( b ) is recoverable as a debt due to the Government from that police officer; and ( c ) is payable to the Police Fund established under Part 10. [10/2015]


document_id: pfa-2004
provision_ref: s40A
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 40A
title: Disciplinary Appeal Committees
content:
40A. —(1) There are to be one or more Disciplinary Appeal Committees to hear appeals under section 40(6) by a police officer below the rank of inspector. [10/2015] (2) The Minister is to appoint a panel consisting of such number of commanding officers as the Minister may consider necessary for the purpose of constituting a Disciplinary Appeal Committee to hear an appeal under section 40(6). [10/2015] (3) Whenever an appeal under section 40(6) is made, there must be constituted a Disciplinary Appeal Committee to hear the appeal, comprising — ( a ) the Commissioner; and ( b ) 2 other commanding officers selected by the Commissioner from the panel of such officers appointed by the Minister under subsection (2). [10/2015] (4) Where an appeal under section 40(6) is made against a decision of a commanding officer, that commanding officer must not be selected under subsection (3) to be a member of the Disciplinary Appeal Committee constituted to hear that appeal. [10/2015] (5) Unless otherwise provided by or under this Act, a Disciplinary Appeal Committee may determine the procedure to be adopted by it in considering an appeal under section 40(6). [10/2015]


document_id: pfa-2004
provision_ref: s41
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 41
title: Prosecutions for disciplinary offences
content:
41. —(1) A police officer below the rank of inspector accused of any of the disciplinary offences may, instead of being dealt with under section 40, be prosecuted in court. (2) A police officer mentioned in subsection (1) shall, on conviction of a disciplinary offence for which no penalty is expressly provided for in this Act, be liable to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. (3) No prosecution under this section shall be instituted without the consent of the Public Prosecutor. [15/2010]


document_id: pfa-2004
provision_ref: s42
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 42
title: Reduction or dismissal, etc., after conviction
content:
42. —(1) Any police officer below the rank of inspector who is convicted — ( a ) of any service offence under this Part; or ( b ) under the provisions of any other written law of an offence punishable with imprisonment, may, unless the conviction is set aside on appeal, be reduced in rank or dismissed, or retired in the public interest from the Police Force by the Commissioner. [10/2015] (2) Where a police officer is dismissed or retired in the public interest from the Police Force following any conviction referred to in subsection (1), the Commissioner or a commanding officer may order the forfeiture of any arrears of emoluments due to the police officer. [10/2015]


document_id: pfa-2004
provision_ref: s43
chapter: PART 3 - DUTIES, DISCIPLINE AND POWERS
section: 43
title: Reduction to constable before dismissal
content:
43. A police officer below the rank of inspector dismissed from the Police Force must be reduced to the rank of constable before dismissal.


document_id: pfa-2004
provision_ref: s44
chapter: PART 4 - COMMITTEES OF INQUIRY
section: 44
title: Committee of inquiry
content:
44. —(1) Where it is expedient that the Minister, or such other person as the Minister may appoint to exercise the powers conferred upon the Minister by this Part, should be informed on any matter connected with the discipline, administration or functions of the Police Force or affecting any person subject to Part 8 or 9, the Minister or the person appointed by the Minister may convene a committee of inquiry. (2) A committee of inquiry must inquire into and report on the facts relating to any matter referred to it and, if directed by the Minister to do so, express its opinion on any question arising out of any such matter. (3) In this Part, “Minister” includes the person appointed by the Minister under subsection (1) to act on the Minister’s behalf for the purposes of this Part.


document_id: pfa-2004
provision_ref: s45
chapter: PART 4 - COMMITTEES OF INQUIRY
section: 45
title: Composition of committee of inquiry
content:
45. —(1) A committee of inquiry consists of one or more persons appointed by the Minister. (2) Where a committee of inquiry consists of more than one person, the Minister must appoint one of the members to be the chairperson. (3) Where a committee of inquiry consists of one member only, he or she is vested with the powers of a chairperson. (4) Every member of a committee of inquiry appointed under this section is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: pfa-2004
provision_ref: s46
chapter: PART 4 - COMMITTEES OF INQUIRY
section: 46
title: Powers of committee of inquiry
content:
46. A committee of inquiry may — ( a ) summon any person to give evidence on oath or on affirmation, or to produce any document or material, necessary for the purpose of the inquiry; and ( b ) visit any place in order to inquire into any matter which may arise in the course of the inquiry.


document_id: pfa-2004
provision_ref: s47
chapter: PART 4 - COMMITTEES OF INQUIRY
section: 47
title: Disobedience to summons an offence
content:
47. —(1) A person who is summoned to give evidence before a committee of inquiry must not, without lawful excuse, fail to appear in obedience to the summons. (2) A person who is required by a committee of inquiry to produce any document or material for the purpose of the inquiry must not, without lawful excuse, fail to produce the document or material. (3) 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 $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pfa-2004
provision_ref: s48
chapter: PART 4 - COMMITTEES OF INQUIRY
section: 48
title: Refusal to give evidence an offence
content:
48. —(1) A person who appears before a committee of inquiry must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce any document or material, or to answer any question, which he or she is lawfully required to produce or answer. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pfa-2004
provision_ref: s49
chapter: PART 4 - COMMITTEES OF INQUIRY
section: 49
title: Giving false evidence an offence
content:
49. A person who wilfully gives false evidence when examined on oath or on affirmation before a committee of inquiry 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 7 years or to both.


document_id: pfa-2004
provision_ref: s50
chapter: PART 4 - COMMITTEES OF INQUIRY
section: 50
title: Evidence and procedure of committee of inquiry
content:
50. Except as otherwise provided in this Act, a committee of inquiry is not bound by the rules of evidence and may act in any manner that the committee of inquiry thinks most expedient.


document_id: pfa-2004
provision_ref: s51
chapter: PART 4 - COMMITTEES OF INQUIRY
section: 51
title: Admissibility of evidence
content:
51. No statement made in the course of any inquiry and no report of a committee of inquiry is admissible as evidence in any proceedings other than proceedings, whether criminal or disciplinary, for an offence of giving or fabricating false evidence under any written law.


document_id: pfa-2004
provision_ref: s52
chapter: PART 4 - COMMITTEES OF INQUIRY
section: 52
title: Proceedings not open to public
content:
52. —(1) A committee of inquiry must not sit in public. (2) No person is allowed — ( a ) to attend the proceedings of a committee of inquiry; or ( b ) to address a committee of inquiry, except with the permission of the chairperson or if the Minister so directs.


document_id: pfa-2004
provision_ref: s53
chapter: PART 4 - COMMITTEES OF INQUIRY
section: 53
title: Persons who may be affected by findings
content:
53. —(1) Where it appears to a committee of inquiry that the Commissioner, any police officer or witness may be adversely affected by its findings, the committee must notify him or her and give him or her an opportunity to be present at the proceedings of the committee of inquiry or at such part thereof as the chairperson may specify. (2) The person notified under subsection (1) is allowed to give evidence and examine any witness.


document_id: pfa-2004
provision_ref: s54
chapter: PART 4 - COMMITTEES OF INQUIRY
section: 54
title: Record of proceedings
content:
54. —(1) The chairperson must record or cause to be recorded in writing the proceedings of the committee of inquiry. (2) The evidence of each witness before a committee of inquiry must be read over to him or her and must be signed by him or her. (3) A record of the proceedings of a committee of inquiry must be signed by the chairperson and the members of the committee (if any) and forwarded to the Minister. (4) The record of proceedings of a committee of inquiry, or any part thereof, or any information relating thereto must be kept confidential and must not be released to any person, other than a member of the committee, without the written permission of the Minister.


document_id: pfa-2004
provision_ref: s55
chapter: PART 4 - COMMITTEES OF INQUIRY
section: 55
title: Offence to influence or attempt to influence committee of inquiry
content:
55. A person who, otherwise than in the course of duty, directly or indirectly, by himself or herself or by any other person in any manner whatsoever influences or attempts to influence any decision of a committee of inquiry or any member of a committee of inquiry shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pfa-2004
provision_ref: s56
chapter: PART 5 - SERVICE OUTSIDE SINGAPORE
section: 56
title: Minister may send police officer outside Singapore
content:
56. —(1) Subject to subsections (3) and (7), the Minister may — ( a ) on a request in that behalf being made by, or with the consent of, a government of a territory outside Singapore; ( b ) in connection with the deployment of a United Nations force in a territory outside Singapore; or ( c ) in connection with any overseas operation in a territory outside Singapore under any arrangement with a government of a territory outside Singapore, order such number of police officers or special police officers as to the Minister seems expedient to proceed outside Singapore to carry out police duties in such territory. (2) In making an order under subsection (1), the Minister must specify the purposes for which the police officers or special police officers are to carry out police duties outside Singapore or in any territory outside Singapore. (3) The Minister must not make an order under subsection (1) unless the Minister is satisfied that adequate provisions have been or will immediately be made in the territory outside Singapore for the proper carrying out of police duties by police officers and special police officers in that territory, which may include provisions — ( a ) that all police officers and special police officers serving in that territory under the provisions of this Part remain under the orders of their own commanding officers; or ( b ) that all police officers and special police officers serving in that territory under the provisions of this Part are conferred with the powers, duties and privileges of police officers in that territory. (4) The Commissioner may issue directions of a routine nature for the deployment, command, control and information of police officers and special police officers ordered under subsection (1) to proceed outside Singapore to carry out police duties outside Singapore. (5) A direction under subsection (4) must not be inconsistent with subsection (3). (6) All police officers and special police officers ordered under subsection (1) to proceed outside Singapore for service must comply with every direction issued under subsection (4). (7) No special police officer is liable to serve or proceed on duty outside Singapore unless he or she first consents to such service. (8) In this section, “overseas operation” includes any overseas operation involving peacekeeping, the maintenance or restoration of law and order or functioning of government institutions or similar activities (whether or not in conjunction with personnel from one or more other countries).


document_id: pfa-2004
provision_ref: s57
chapter: PART 5 - SERVICE OUTSIDE SINGAPORE
section: 57
title: Police officers serving outside Singapore to remain subject to this Act
content:
57. Subject to section 59, a police officer or special police officer who is — ( a ) temporarily attached to the forces of another territory, or otherwise serving outside Singapore, pursuant to any order made under section 56; ( b ) a member of a United Nations force; or ( c ) a member of any overseas operation mentioned in section 56(1)( c ), does not cease to be subject to this Act by reason only of his or her being so temporarily attached, or being such a member or outside Singapore.


document_id: pfa-2004
provision_ref: s58
chapter: PART 5 - SERVICE OUTSIDE SINGAPORE
section: 58
title: Jurisdiction during overseas service
content:
58. —(1) Section 59 applies to any act done or omitted outside Singapore by any police officer or special police officer while — ( a ) he or she is serving outside Singapore pursuant to any order made under section 56; ( b ) he or she is a member of a unit of the Police Force forming part of a United Nations force serving outside Singapore; or ( c ) he or she is a member of any overseas operation mentioned in section 56(1)( c ) and is outside Singapore. (2) For the purposes of this section — ( a ) a person is deemed to start serving outside Singapore pursuant to an order made under section 56 from the time he or she leaves Singapore to undertake those duties until the time he or she returns to Singapore; ( b ) a unit of the Police Force is deemed to form part of a United Nations force from the time the unit leaves Singapore to undertake duties with the United Nations force until the time the unit returns to Singapore; and ( c ) a person is deemed to be a member of any overseas operation mentioned in section 56(1)( c ) from the time he or she leaves Singapore to undertake duties with the overseas operation until the time he or she returns to Singapore.


document_id: pfa-2004
provision_ref: s59
chapter: PART 5 - SERVICE OUTSIDE SINGAPORE
section: 59
title: Offences and misconduct during overseas service
content:
59. —(1) If any police officer or special police officer to whom this section applies does, or omits to do, any act outside Singapore (whether or not the act or omission concerned constitutes an offence under the laws in force in the territory where it took place) that if done or omitted within Singapore would constitute an offence, that act or omission is deemed to have taken place within Singapore unless — ( a ) the person is subject to the criminal jurisdiction of the territory in which the act or omission took place; and ( b ) the authorities in that territory — (i) are not subject to any obligation to cede jurisdiction to the Singapore authorities in respect of that act or omission; and (ii) bring criminal proceedings against the police officer or special police officer (as the case may be) in that territory. (2) No information is to be laid against any police officer or special police officer over whom jurisdiction is claimed by virtue of subsection (1) without the consent of the Public Prosecutor. [15/2010] (3) If any police officer or special police officer is alleged to have committed an offence in respect of which the laying of information requires the consent of the Public Prosecutor under subsection (2), the police officer or special police officer concerned may be arrested and detained in custody or remanded in custody or on bail, even though the consent of the Public Prosecutor has not been obtained to the making of such complaint in respect of that offence, but no further proceedings are to be taken until that consent is obtained. [15/2010] (4) If any police officer or special police officer to whom this section applies does, or omits to do, any act outside Singapore, and that act or omission would, if it occurred in Singapore, be a disciplinary offence for the purposes of this Act — ( a ) the person may be investigated and, if appropriate, proceeded against under this Act by way of disciplinary proceedings under Part 3 or 8, whichever is applicable, and punished, in the same manner as if the act or omission had occurred in Singapore; and ( b ) for that purpose, this Act and either the Police Regulations or the Special Constabulary Regulations (as the case may be) apply to him or her with any necessary modifications.


document_id: pfa-2004
provision_ref: s60
chapter: PART 6 - SERVICE AS AIR MARSHALS ON BOARD
section: 60
title: Interpretation of this Part
content:
60. —(1) In this Part — “air marshal” means any police officer who is appointed by the Commissioner under section 61(1) to serve as an air marshal; “commander”, in relation to an aircraft, means the member of the crew designated as commander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of that aircraft; “operator”, in relation to any aircraft at any time, means the person who at that time has the management of the aircraft; “passenger flight” means any flight performed by an aircraft for the international carriage of persons for reward; “pilot in command”, in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft; “Singapore aircraft” means any aircraft that is registered in Singapore. (2) For the purposes of this Part, an aircraft is in flight — ( a ) from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when any such door is opened for disembarkation; ( b ) if the aircraft makes a forced landing in any country or territory other than Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when the competent authorities of the country or territory in which the forced landing takes place take over responsibility for the aircraft and for the persons and property on board the aircraft; and ( c ) if the aircraft makes a forced landing in Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when a police officer arrives at the place of landing, and any reference in this Act to an aircraft in flight includes a reference to an aircraft during any period when the aircraft is on the surface of the sea or land but not within the territorial limits of any country. [32/2018] (3) For the purpose of subsection (2), the reference to a country or the territorial limits of a country includes a reference to the territorial waters (if any) of that country.


document_id: pfa-2004
provision_ref: s61
chapter: PART 6 - SERVICE AS AIR MARSHALS ON BOARD
section: 61
title: Appointment and training of air marshals
content:
61. —(1) The Commissioner may appoint any police officer to serve as an air marshal on board any Singapore aircraft. (2) The Commissioner must provide for the appropriate training and supervision of all air marshals.


document_id: pfa-2004
provision_ref: s62
chapter: PART 6 - SERVICE AS AIR MARSHALS ON BOARD
section: 62
title: Commissioner may require deployment of air marshals on board Singapore aircraft
content:
62. —(1) Where the Commissioner has reason to believe that any passenger flight to be performed by a Singapore aircraft presents high security risks, the Commissioner may, by written order served on the operator of that aircraft, require the operator to permit the deployment of one or more air marshals on that passenger flight. (2) An order made under subsection (1) may require the operator of the Singapore aircraft to provide seating for the air marshals deployed on the passenger flight to which the order relates without regard to the availability of seats on the flight and at no cost to the Government or the air marshals. (3) A person who fails to comply with an order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.


document_id: pfa-2004
provision_ref: s63
chapter: PART 6 - SERVICE AS AIR MARSHALS ON BOARD
section: 63
title: Powers, rights, immunities and duties of air marshals on board Singapore aircraft outside Singapore
content:
63. —(1) Every police officer serving as an air marshal on board any Singapore aircraft during a passenger flight has, while the aircraft is in flight elsewhere than in or over Singapore — ( a ) the same powers, rights and immunities; and ( b ) so far as possible, to perform the same duties, as when on service in Singapore. (2) If an air marshal arrests any person in exercise of the air marshal’s powers under subsection (1), the air marshal may — ( a ) if the aircraft ceases flight in any country outside Singapore, hand the person over to the commander of the Singapore aircraft, together with any weapon or article taken from the person, to be dealt with in accordance with the provisions of the Tokyo Convention Act 1971; or ( b ) if the aircraft ceases flight in Singapore, hold the person in custody and deal with the person and any weapon or article taken from the person in accordance with the provisions of the Criminal Procedure Code 2010 as if the person were arrested in Singapore. (3) Where a female person is to be searched and a female air marshal is not available to conduct the search, the search may be conducted by any female person who is requested by an air marshal to conduct the search.


document_id: pfa-2004
provision_ref: s64
chapter: PART 7 - PUBLIC OFFICERS WITH POLICE POWERS
section: 64
title: Appointment of Commercial Affairs Officers
content:
64. —(1) The Minister may appoint such number of persons to be Commercial Affairs Officers as the Minister may think fit. (2) A Commercial Affairs Officer may investigate any suspected offence which appears to him or her to have been committed under any written law. (3) For the purposes of subsection (2), a Commercial Affairs Officer — ( a ) has all the powers of investigation conferred on police officers — (i) in relation to the investigation of offences under the Criminal Procedure Code 2010 * ; or (ii) under such other written law as the Minister may, by notification in the Gazette , prescribe, and is deemed to be a police officer not below the rank of inspector for the purposes of those written laws; ( b ) may without warrant, arrest any person — (i) who has been concerned in an arrestable offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved; (ii) who possesses anything that may reasonably be suspected to be stolen or fraudulently obtained property, and who may reasonably be suspected of having committed an offence in acquiring it; or (iii) who obstructs a Commercial Affairs Officer while that Commercial Affairs Officer is doing his or her duty, or has escaped or tries to escape from the lawful custody of a Commercial Affairs Officer or any other person; ( c ) when exercising the powers of investigation under the Criminal Procedure Code 2010 * in relation to an arrestable offence by virtue of paragraph ( a ), may — (i) enter any place belonging to or under the control of any person who — (A) is under arrest in connection with the offence; (B) is reasonably believed to be connected with the offence; or (C) is reasonably believed to have given shelter to a person under arrest; and (ii) search the place for any evidence of the offence; ( d ) when lawfully making a search for anything in any place in respect of any offence, may — (i) lawfully detain every person found there until the search is completed; and (ii) search each person found in the place for any thing sought if the thing can be concealed on a person; ( e ) may, whenever a person is arrested in the following circumstances, search the person and place in safe custody all articles other than necessary wearing apparel found upon the person: (i) a person who is arrested by a Commercial Affairs Officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; (ii) a person who is arrested without warrant by a Commercial Affairs Officer and the person arrested cannot legally be admitted to bail or is unable to furnish bail; ( f ) who has reason to believe that a person whom the Commercial Affairs Officer may lawfully arrest is inside any place — (i) may demand entry to the place and any person residing in or in charge of the place must allow the Commercial Affairs Officer free entry and provide all reasonable facilities for a search in the place; (ii) may, if entry to the place cannot be gained under sub‑paragraph (i), enter and search the place; (iii) may, in any case in which an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping, enter and search the place; and (iv) may, if the Commercial Affairs Officer is unable to obtain entry to the place despite stating the Commercial Affairs Officer’s authority and purpose and demanding entry to the place, break open any outer or inner door or window of the place or use any other reasonable means to gain such entry; ( g ) may break open a place to free himself or herself or any other person who, having lawfully gone inside to make an arrest, is detained in the place; ( h ) may release any person on bail or personal bond in accordance with Division 5 of Part 6 * of the Criminal Procedure Code 2010 * ; and ( i ) may serve on any person (whom the Commercial Affairs Officer has reasonable grounds for believing has committed an offence) a notice to attend court, or require any person to execute a bond to appear before a court, in accordance with Division 6 of Part 6 * of the Criminal Procedure Code 2010 * . [Act 21 of 2021 wef 01/01/2022] [*Updated to be consistent with the 2020 Revised Edition] (3A) A Commercial Affairs Officer — ( a ) when making an arrest under subsection (3)( b ), must comply with sections 67, 68, 73, 74, 75 and 76 of the Criminal Procedure Code 2010 * ; and ( b ) when searching a woman, must comply with section 83(1) of the Criminal Procedure Code 2010 * , as if the Commercial Affairs Officer were a police officer. [Act 21 of 2021 wef 01/01/2022] [*Updated to be consistent with the 2020 Revised Edition] (3B) A person arrested by a Commercial Affairs Officer must not be released except on the person’s own bond or on bail, or by a written order of a court or of any Commercial Affairs Officer. [Act 21 of 2021 wef 01/01/2022] (3C) The provisions of Divisions 5 and 6 of Part 6 * of the Criminal Procedure Code 2010 * apply in relation to the exercise of the powers of a Commercial Affairs Officer under subsection (3)( h ) or ( i ) and for that purpose — ( a ) any reference to an officer, a police officer or a police officer not below the rank of sergeant is a reference to a Commercial Affairs Officer; and ( b ) the reference to the Commissioner of Police in section 92 of the Criminal Procedure Code 2010 * is a reference to the head of the Commercial Affairs Department or a person of a similar rank. [Act 21 of 2021 wef 01/01/2022] [*Updated to be consistent with the 2020 Revised Edition] (3D) For the purposes of subsection (2), section 25 applies to a Commercial Affairs Officer as if he or she were a police officer. [Act 21 of 2021 wef 01/01/2022] (4) The Commissioner may confer on one or more Commercial Affairs Officers as the Commissioner may determine the powers of an Assistant Superintendent of Police under such written law as the Minister may, by notification in the Gazette , prescribe. (5) Apart from this section and section 25, this Act does not apply to a Commercial Affairs Officer.


document_id: pfa-2004
provision_ref: s65
chapter: PART 7 - PUBLIC OFFICERS WITH POLICE POWERS
section: 65
title: Intelligence officers
content:
65. —(1) An intelligence officer is — ( a ) deemed to be a police officer for the purposes of any written law and has the powers, protection and immunities of a police officer of a rank corresponding to his or her grade; ( b ) entitled to such protection and privilege under section 25 as if he or she were a police officer; and ( c ) deemed to be a public servant within the meaning of the Penal Code 1871 when carrying out his or her functions and duties as a police officer. (2) Section 25 applies, with the necessary modifications, to an intelligence officer as if the references in that section to a police officer were references to an intelligence officer. (3) Apart from this section and section 25, this Act does not apply to any intelligence officer. (4) In this section, “intelligence officer” means — ( a ) a public officer who is appointed to the Intelligence Service; or ( b ) a person who is employed by the Internal Security Department, and who is designated by the Minister as an intelligence officer for the purposes of this section.


document_id: pfa-2004
provision_ref: s65A
chapter: PART 7 - PUBLIC OFFICERS WITH POLICE POWERS
section: 65A
title: Forensic specialists
content:
65A. —(1) The Minister may, in writing, appoint any of the following individuals to be forensic specialists: ( a ) a public officer (except an operations support officer at grade III, IV or V or other public officer at equivalent grade) who is not a police officer but is employed in the offices of the Police Force or a law enforcement agency; ( b ) an individual (who is not a public officer) with suitable qualifications or experience to properly exercise the powers of a forensic specialist. [10/2015; 5/2018] (2) The Minister may at any time revoke an individual’s appointment as a forensic specialist. [10/2015] (3) The Commissioner must issue to each forensic specialist an identification card, which must be carried at all times by the forensic specialist when exercising powers under any provision in this Act or in any other written law. [10/2015] (4) A forensic specialist whose appointment as such ceases must return any identification card issued to him or her under subsection (3) to the Commissioner. [10/2015] (5) A forensic specialist is to be issued with such accoutrements or equipment, or such description of accoutrements or equipment, as the Commissioner may determine to be necessary for the effectual discharge of the duties of a forensic specialist, such as but not limited to handcuffs or cable ties, batons and defensive weapons. [10/2015] (6) A forensic specialist is not a member of the Police Force. [10/2015] (7) An individual mentioned in subsection (1)( b ) who is appointed as a forensic specialist under that subsection does not, by virtue only of that appointment, become an employee or agent of the Government. [10/2015] (8) A forensic specialist who is a public officer is subject to the same disqualifications as a police officer as is specified in section 16(1), and any reference in section 16(2) to a police officer includes a reference to a forensic specialist. [10/2015]


document_id: pfa-2004
provision_ref: s65B
chapter: PART 7 - PUBLIC OFFICERS WITH POLICE POWERS
section: 65B
title: Powers of forensic specialists
content:
65B. —(1) The Commissioner must, in writing, issue to each forensic specialist an authorisation — ( a ) specifying such power as is specified in subsection (3) that the forensic specialist may exercise; and ( b ) specifying the police officer or class of police officers, or the law enforcement officer or class of law enforcement officers, the forensic specialist is to assist by the exercise of those powers. [10/2015] (2) However, to avoid doubt, the Commissioner cannot authorise under subsection (1) a forensic specialist to arrest any individual. [10/2015] (3) The powers that a forensic specialist may be authorised under subsection (1) by the Commissioner to exercise may be all or any of the following, and no others: ( a ) to secure a crime scene against unauthorised disturbance to the extent authorised by a warrant or directed by the police officer or law enforcement officer whom the forensic specialist is so authorised to assist, including (but not limited to) — (i) preventing any unauthorised individual, animal or vehicle from disturbing or entering the crime scene; (ii) restricting entry to the crime scene to people, animals, and vehicles, that are authorised; (iii) removing any unauthorised individual, animal or vehicle from the crime scene; (iv) if the crime scene is established in or around a vehicle, preventing the vehicle from being moved; (v) preventing a thing relevant to the offence to which a crime scene relates from being concealed or disturbed; and (vi) preventing an individual from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the individual; ( b ) to search a crime scene, and any individual at or within the vicinity of the crime scene, to the extent authorised by a warrant or directed by the police officer or law enforcement officer whom the forensic specialist is so authorised to assist, including (but not limited to) any of the following to obtain evidence of the commission of an offence: (i) opening anything at the crime scene, or in the possession of the individual, that is locked and to inspect anything in it; (ii) removing or causing to be removed an obstruction from the crime scene; (iii) digging up anything at the crime scene, removing roofing material, wall or ceiling linings or floors of a building, or panels of a vehicle that is a crime scene; (iv) photographing or otherwise recording the crime scene and any thing or individual in it; (v) taking into and using in the crime scene any equipment or facilities that are reasonably necessary in order to search or inspect in accordance with any warrant or the directions of the police officer or law enforcement officer the forensic specialist is so authorised to assist; (vi) making reasonable use of any equipment, facilities or services in the crime scene to operate the equipment or facilities mentioned in sub‑paragraph (v), and taking electricity, gas, water or any other utility for such use in the crime scene; (vii) exercising any power of a police officer under sections 34, 35, 39 and 40 of the Criminal Procedure Code 2010 at the crime scene in accordance with any warrant or the directions of the police officer or law enforcement officer the forensic specialist is so authorised to assist; ( c ) to seize and detain all or part of a thing that might provide evidence of the commission of an offence to the extent authorised by a warrant or directed by the police officer or law enforcement officer whom the forensic specialist is so authorised to assist; ( d ) to do a forensic examination, whether at a crime scene or otherwise, on a thing relevant to an offence or a sample of such a thing; ( e ) to carry out any forensic procedure on any individual, whether at a crime scene or otherwise, in accordance with Part 3 of the Registration of Criminals Act 1949, for the purpose of searching for a thing, or evidence of a thing — (i) that is relevant to an offence that is reasonably suspected to have been committed; and (ii) the existence or absence of which on or in the body of the individual is relevant to the investigation of the offence; [Act 26 of 2022 wef 12/06/2023] ( f ) to take statements from individuals to the extent directed by the police officer or law enforcement officer the forensic specialist is so authorised to assist, and to require such an individual to make and sign a declaration of the truth of the statement made by the individual; ( g ) to exercise such other powers and perform such other duty as may be conferred by any other written law on forensic specialists. [10/2015] (4) The Commissioner’s written authorisation under subsection (1) for a forensic specialist may do all or any of the following: ( a ) limit the powers in subsection (3) that the forensic specialist may exercise; ( b ) limit when the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them; ( c ) limit where in Singapore the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them; ( d ) limit the circumstances in which the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them; ( e ) limit the offences in respect of which the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them; ( f ) limit the purposes for which the forensic specialist may exercise the forensic specialist’s powers in subsection (3) or any of them. [10/2015] (5) A forensic specialist who is authorised under subsection (1) to exercise any power under subsection (3) to assist a police officer or law enforcement officer specified in that authorisation (specially or by class) is — ( a ) to exercise that power only to assist the police officer or law enforcement officer, or officer in that class (as the case may be) where the officer is exercising in Singapore a power or discharging any duty, under this Act or any other written law, for purposes of law enforcement; and ( b ) to obey all lawful directions (general or specific) of the Commissioner, and that police officer or law enforcement officer (as the case may be), when exercising that power. [10/2015] (6) Without affecting section 25, where any law or written law protects — ( a ) a police officer from liability for the police officer’s acts or omissions; or ( b ) a law enforcement officer from liability for the law enforcement officer’s acts or omissions, that law or written law is taken to operate as if those acts or omissions include the forensic specialist’s acts or omissions when acting in the course of his or her duty as a forensic specialist in accordance with the written authorisation of the Commissioner under subsection (1) and with subsection (5). [10/2015] (7) Without affecting section 25, in any action brought against any forensic specialist for anything done in obedience to a warrant, or any forensic specialist acting in the course of his or her duty as such in assisting a law enforcement officer for anything done in obedience to a warrant — ( a ) the forensic specialist is not responsible for any irregularity in the issuing of the warrant because of any want of jurisdiction in the court issuing that warrant; and ( b ) upon the warrant being produced and proved at the trial of the action and upon it being proved that the act complained of was done in obedience to the warrant, verdict and judgment must be given for the forensic specialist, despite any such irregularity or want of jurisdiction, and the forensic specialist may recover his or her costs, and this subsection is to apply whether or not it is an action that is brought jointly against the law enforcement officer and forensic specialist. [10/2015] (8) To avoid doubt — ( a ) a forensic specialist does not cease to be acting on the direction of a police officer or law enforcement officer by reason only that that officer is not present at all times when the forensic specialist exercises any power under subsection (3); ( b ) a forensic specialist is not to be regarded as a member of the Police Force for the purposes of section 14 of the Government Proceedings Act 1956; and ( c ) nothing in this section limits the powers of any authority to investigate accidents under any written law for the time being in force relating to air navigation or merchant shipping. [10/2015] (9) A forensic specialist who, in the course of his or her duty as a forensic specialist, exercises any power in subsection (3) in accordance with the written authorisation of the Commissioner under subsection (1) and with subsection (5) is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising such power. [10/2015] (10) In this section — “crime scene” means — ( a ) any place or vehicle where an offence was committed or is reasonably suspected to have been committed; or ( b ) any place or vehicle associated with, or relevant to, the commission or suspected commission of an offence; “forensic examination”, in relation to any thing, means doing all or any of the following: ( a ) examining or operating the thing; ( b ) photographing, measuring or otherwise making a record of the thing; ( c ) taking an impression or making a cast of the thing; ( d ) taking samples of or from the thing; ( e ) doing tests on the thing, or on any sample taken under paragraph ( d ), for forensic purposes, and includes dismantling, damaging or destroying the thing if it is reasonably necessary to do so in order to do all or any of the above; “forensic procedure”, in relation to an individual, includes doing all or any of the following in relation to the individual: ( a ) taking a sample of a nail or from under a nail of an individual; ( b ) taking an impression or cast of a wound from the external parts of the individual’s body other than the individual’s private parts; ( c ) the taking of physical measurements (whether or not involving marking) for biomechanical analysis of an external part of the body other than the individual’s private parts; ( d ) taking of prints of the individual’s hands, fingers, feet or toes; ( e ) taking from the individual a sample of blood, a sample of head hair (including the roots thereof) or other body samples within the meaning of the Registration of Criminals Act 1949; ( f ) taking a swab, or using other means, to detect a relevant thing on the external parts of the individual’s body other than the individual’s private parts; ( g ) searching the individual (including the mouth); ( h ) removing any article that the individual is wearing, and searching any article so removed; ( i ) removing a relevant thing attached physically to those external parts of the individual’s body or taking a sample of that relevant thing; ( j ) photographing any relevant thing in the position it is found on the external parts of the individual’s body, or in the individual’s mouth; “photograph” includes a digital image and a moving visual record; “seize and detain”, in relation to any thing at a crime scene, includes a power to remove the thing from the crime scene when it is found and a power to guard the thing in or on the crime scene; “vehicle” includes a vessel and an aircraft; “warrant” means a warrant of a court. [10/2015] 65C. [Repealed by Act 43 of 2024 wef 24/03/2025] 65D. [Repealed by Act 43 of 2024 wef 24/03/2025]


document_id: pfa-2004
provision_ref: s66
chapter: PART 8 - SPECIAL CONSTABULARY
section: 66
title: Constitution of Special Constabulary
content:
66. —(1) As from 12 October 2004, the Special Constabulary constituted under the repealed Act continues and is deemed to be constituted under this Act. (2) The Special Constabulary consists of such number of — ( a ) full-time national servicemen enlisted in the Special Constabulary; ( b ) operationally ready national servicemen enlisted in the Special Constabulary; and ( c ) volunteers and volunteer ex-NSmen enrolled under section 68 as members of the Special Constabulary, as the Minister may decide. [10/2015] (3) The Special Constabulary consists of such ranks as are organised by or under the authority of the Minister.


document_id: pfa-2004
provision_ref: s67
chapter: PART 8 - SPECIAL CONSTABULARY
section: 67
title: Special Constabulary has police powers and duties
content:
67. —(1) Each of the special police officers specified in subsection (2) — ( a ) has all the duties of police officers under this Act; ( b ) have all the powers conferred on police officers under any written law; and [Act 21 of 2021 wef 01/01/2022] ( c ) is entitled to such protection and privilege under section 25, as if he or she were a police officer of corresponding rank. (2) A special police officer has the powers and duties and is entitled to the protection and privileges of police officers referred to in subsection (1) for the following duration: ( a ) in the case of a full-time national serviceman enlisted in the Special Constabulary, from the time his liability to report for enlistment or national service arises until such time as he is lawfully discharged or released; ( b ) in the case of an operationally ready national serviceman enlisted in the Special Constabulary, from the time he is ordered to report for enlistment or service (whether or not he has complied with such an order) and while in uniform or performing duty in the Special Constabulary under section 14 of the Enlistment Act 1970, and while called out for mobilised service under sections 16 and 17 of that Act; ( c ) in the case of a volunteer or a volunteer ex‑NSman enrolled under section 68 as a member of the Special Constabulary, during the period he is ordered to report for duty (whether or not he has complied with such an order), or he volunteers for duty to assist the Police Force in the execution of its duties. [10/2015] (3) Without affecting subsections (1) and (2), every special police officer when mobilised for active service under section 73 has the same powers and duties and the same protection and immunities as a police officer of corresponding rank.


document_id: pfa-2004
provision_ref: s68
chapter: PART 8 - SPECIAL CONSTABULARY
section: 68
title: Enrolment of volunteers, etc.
content:
68. —(1) Subject to subsection (2), the Commissioner may enrol in the Special Constabulary any volunteer offering his or her service and desiring to serve as a member of the Special Constabulary. [10/2015] (2) A volunteer who is not a citizen of Singapore must not be enrolled under subsection (1) without the approval of the Minister. (3) Despite subsection (2), the Commissioner may enrol under this section, as a volunteer ex‑NSman in the Special Constabulary, any former operationally ready national serviceman who had enlisted in the Special Constabulary where — ( a ) the Commissioner wants that former operationally ready national serviceman to continue to serve as a member of the Special Constabulary; and ( b ) the operationally ready national serviceman is offering his service. [10/2015] (4) A special police officer who is a volunteer or a volunteer ex‑NSman may be paid such emoluments as the Minister may authorise. [10/2015]


document_id: pfa-2004
provision_ref: s68A
chapter: PART 8 - SPECIAL CONSTABULARY
section: 68A
title: Applicability of Enlistment Act 1970 to volunteer ex-NSmen
content:
68A. —(1) The provisions of sections 14, 15, 21, 22, 23, 24, 25 and 30 of the Enlistment Act 1970 affecting any person who is liable for operationally ready national service apply (so far as relevant) to any special police officer who is a volunteer ex‑NSman as if the volunteer ex‑NSman were an individual liable for operationally ready national service, with such prescribed exceptions, modifications and adaptations as the differences between an operationally ready national serviceman and a volunteer ex‑NSman require. [10/2015] [Act 10 of 2024 wef 01/05/2024] (2) The provisions of any other existing law that relate to an individual liable for operationally ready national service have effect as if any reference in that existing law to any such individual also includes a reference to any volunteer ex‑NSman, with such prescribed exceptions, modifications and adaptations as the differences between this Part and that existing law require. [10/2015] (3) In this section, “existing law” means any written law having effect as part of the law of Singapore immediately before 1 June 2015. [10/2015]


document_id: pfa-2004
provision_ref: s69
chapter: PART 8 - SPECIAL CONSTABULARY
section: 69
title: Appointments, promotions and dismissals
content:
69. —(1) The Minister may do the following: ( a ) appoint or promote a special police officer to the rank of superintendent or above; ( b ) reduce the rank of, dismiss or discharge a special police officer of the rank of superintendent or above. [Act 31 of 2022 wef 01/11/2022] (2) The Commissioner or a Deputy Commissioner may do the following: ( a ) appoint or promote a special police officer to the rank of deputy superintendent or below; ( b ) reduce the rank of, dismiss or discharge a special police officer of the rank of deputy superintendent or below. [Act 31 of 2022 wef 01/11/2022] (3) A person who has been called up for national service in the Special Constabulary must not be discharged under subsection (1) or (2) except with the prior approval of the proper authority appointed under the Enlistment Act 1970. [Act 21 of 2021 wef 01/01/2022]


document_id: pfa-2004
provision_ref: s70
chapter: PART 8 - SPECIAL CONSTABULARY
section: 70
title: Oath or affirmation
content:
70. —(1) Every person enrolled under section 68 must take an oath or affirmation in such form as the Minister may prescribe before a police officer not below the rank of assistant superintendent. (1A) To avoid doubt, where an oath or affirmation is required to be taken under subsection (1), a person may take the oath or affirmation by appearing before the police officer administering the oath or affirmation through a live video link or live television link created using a remote communication technology that allows the police officer administering the oath or affirmation to — ( a ) maintain visual contact and communicate with the person taking the oath or affirmation, and any interpreter present, throughout the process; and ( b ) confirm the identity of the person taking the oath or affirmation, and any interpreter present. [Act 25 of 2023 wef 01/12/2023] (2) A person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. (3) This section does not apply to national servicemen or operationally ready national servicemen.


document_id: pfa-2004
provision_ref: s71
chapter: PART 8 - SPECIAL CONSTABULARY
section: 71
title: Warrant card
content:
71. A warrant card must be issued to every special police officer deployed to perform duties that require the exercise of the powers of a police officer, and is evidence of his or her appointment under this Act. [Act 21 of 2021 wef 01/01/2022]


document_id: pfa-2004
provision_ref: s72
chapter: PART 8 - SPECIAL CONSTABULARY
section: 72
title: Discharge from Special Constabulary
content:
72. —(1) [ Deleted by Act 21 of 2021 wef 02/09/2022 ] (2) A special police officer referred to in section 66(2)( a ) or ( b ) shall be discharged from the Special Constabulary as follows: ( a ) from continuous full-time service in the Special Constabulary when — (i) he has completed the period of full-time service prescribed by the Enlistment Act 1970 * ; (ii) he is transferred from the Special Constabulary to another force specified by the proper authority in a notice given to him; (iii) he is exempted by notice under section 29 of the Enlistment Act 1970 * from his liability to render full-time service in the Special Constabulary and is given the notice; or (iv) he ceases to be a person subject to the Enlistment Act 1970 * ; ( b ) from operationally ready national service in the Special Constabulary when — (i) he is transferred from the Special Constabulary to another force specified by the proper authority in a notice given to him; (ii) he is exempted by notice under section 29 of the Enlistment Act 1970 * from his liability to render operationally ready national service in the Special Constabulary and is given the notice; or (iii) he ceases to be a person subject to the Enlistment Act 1970 * . [Act 21 of 2021 wef 02/09/2022] [*Updated to be consistent with the 2020 Revised Edition] (3) Any volunteer or volunteer ex‑NSman is entitled, except when mobilised under section 73, to be discharged from the Special Constabulary — ( a ) after giving to the Commissioner — (i) in the case of a volunteer ex-NSman, at least 3 months’ notice in writing of his intention to resign from the Special Constabulary; or (ii) in any other case, at least 14 days’ notice in writing of his or her intention to resign from the Special Constabulary; and [10/2015] ( b ) upon delivering to the Commissioner in good order (fair wear and tear only excepted) any of the following that belongs to the Government, is issued to the volunteer or volunteer ex-NSman and is in his possession: (i) arms and ammunition; (ii) any other article or property specified in the Police General Orders in section 118 or the Force Orders in section 119. [Act 21 of 2021 wef 02/09/2022] (3A) The Commissioner may, without notice, discharge any special police officer who is a volunteer ex‑NSman; but this does not prevent him from offering his service and being enrolled subsequently as a volunteer under section 68(1). [10/2015] (3B) Every special police officer must, before leaving the Special Constabulary because of his resignation, dismissal, discharge or otherwise, deliver up in good order (fair wear and tear only excepted) any of the following that belongs to the Government, is issued to the special police officer and is in his possession: ( a ) arms and ammunition; ( b ) any other article or property specified in the Police General Orders in section 118 or the Force Orders in section 119. [Act 21 of 2021 wef 02/09/2022] (4) Nothing in this section is deemed to affect or limit any power of dismissal from the Special Constabulary conferred by or under this Act.


document_id: pfa-2004
provision_ref: s73
chapter: PART 8 - SPECIAL CONSTABULARY
section: 73
title: Mobilisation
content:
73. —(1) With the permission of the Minister, the Commissioner may mobilise for active service the Special Constabulary or any part thereof to perform either general or special police duties. (2) Such active service must continue until an order is made by the Commissioner with the approval of the Minister stating the date of demobilisation. (3) Every special police officer who is so mobilised must assemble at such place and perform such service as the Commissioner or a Deputy Commissioner directs. [10/2015]


document_id: pfa-2004
provision_ref: s74
chapter: PART 8 - SPECIAL CONSTABULARY
section: 74
title: Penalty for refusal to serve when mobilised
content:
74. —(1) A special police officer mobilised for active service who without reasonable excuse, the proof whereof shall lie on him or her, refuses or neglects to serve 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. (2) Any police officer may arrest without warrant any person where he or she believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1). Division 2 &#x2014; Discipline in Special Constabulary


document_id: pfa-2004
provision_ref: s75
chapter: PART 8 - SPECIAL CONSTABULARY
section: 75
title: Absence without leave by special police officer
content:
75. —(1) A special police officer referred to in section 66(2)( a ) or ( b ), or who is a volunteer ex-NSman, who is absent without leave 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 2 years or to both. [10/2015] (2) A special police officer referred to in section 66(2)( a ) or ( b ), or who is a volunteer ex‑NSman, is absent without leave if he — ( a ) without authority leaves his place of duty; ( b ) without authority is absent from his place of duty; ( c ) having been authorised to be absent from his place of duty, fails to return to his place of duty at the end of the period for which his absence was authorised; or ( d ) having been notified to report for duty fails to report to his place of duty without lawful excuse. [10/2015] (3) It is a defence for any person charged with an offence under this section to prove that his absence was a result of circumstances over which he had no control. (4) Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).


document_id: pfa-2004
provision_ref: s76
chapter: PART 8 - SPECIAL CONSTABULARY
section: 76
title: Desertion by special police officer
content:
76. —(1) A special police officer referred to in section 66(2)( a ) or ( b ), or who is a volunteer ex‑NSman, who deserts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and to imprisonment for a term not exceeding 10 years, and all arrears of emoluments due to him shall be forfeited. [10/2015] (2) For the purposes of this section, a person deserts if he, being on duty, or having been notified to report for duty, without leave does not attend at or leaves his place of duty in circumstances which show that he has the intention to remain permanently absent without leave or of not returning to his duty. (3) Any police officer may arrest without warrant any person where the police officer believes or suspects, on reasonable grounds, that the person is committing or has committed a service offence under subsection (1).


document_id: pfa-2004
provision_ref: s77
chapter: PART 8 - SPECIAL CONSTABULARY
section: 77
title: Prosecutions for disciplinary offences
content:
77. —(1) A special police officer accused of any disciplinary offence may, instead of being dealt with under section 81 or 82, be prosecuted in court. (2) A special police officer mentioned in subsection (1) shall on conviction of a disciplinary offence be liable to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. (3) No prosecution under this section shall be instituted without the consent of the Public Prosecutor. [15/2010]


document_id: pfa-2004
provision_ref: s78
chapter: PART 8 - SPECIAL CONSTABULARY
section: 78
title: Disciplinary proceedings after conviction
content:
78. —(1) Where a special police officer below the rank of superintendent is convicted under the provisions of any other written law of an offence, the Commissioner may, unless the conviction is set aside on appeal, and after giving the officer a reasonable opportunity to be heard — ( a ) reduce the special police officer in rank, grade or seniority; or ( b ) dismiss the special police officer from the Special Constabulary if he or she is a volunteer or a volunteer ex‑NSman. [10/2015] [Act 21 of 2021 wef 01/01/2022] (2) Where a special police officer not below the rank of superintendent is convicted under the provisions of any other written law of an offence, the Minister may, unless the conviction is set aside on appeal, and after giving the officer a reasonable opportunity to be heard — ( a ) reduce the special police officer in rank, grade or seniority; or ( b ) dismiss the special police officer from the Special Constabulary if he or she is a volunteer or a volunteer ex‑NSman. [10/2015] [Act 21 of 2021 wef 01/01/2022] (3) Where a special police officer is dismissed following any conviction referred to in subsection (1) or (2), the Commissioner or Minister (as the case may be) may order the forfeiture of any arrears of emoluments due to the special police officer. [10/2015]


document_id: pfa-2004
provision_ref: s79
chapter: PART 8 - SPECIAL CONSTABULARY
section: 79
title: Interdiction
content:
79. —(1) A special police officer may be interdicted from the performance of duty by the Commissioner where — ( a ) the special police officer is charged in court for an offence and the Commissioner is of the opinion that the nature and gravity of the offence warrants that officer’s interdiction; ( b ) the special police officer is being investigated for having committed an offence under any written law and the Commissioner considers that it is undesirable for that officer to continue to exercise the powers or perform the duties of a special police officer; ( c ) disciplinary proceedings under this Part that may result in the special police officer’s dismissal or reduction in rank are or are to be instituted under this Part; or ( d ) the Commissioner considers that it is otherwise in the public interest that the special police officer should immediately cease to exercise the powers and perform the duties of a police officer. [10/2015] (2) Where a special police officer has been interdicted under subsection (1), the Commissioner may order that the whole or any part of the special police officer’s emoluments that the Commissioner thinks fit be withheld during the period of interdiction. [10/2015] (3) If the disciplinary proceedings under this Act against a special police officer who is interdicted under subsection (1) do not result in his or her dismissal or discharge, the special police officer is entitled to receive — ( a ) if the special police officer is reduced in rank or otherwise disciplined — the whole or such proportion of the emoluments withheld during the period of interdiction as the Commissioner may determine; or ( b ) if the special police officer is acquitted — the full amount of the emoluments or the part thereof withheld during the period of interdiction. [10/2015]


document_id: pfa-2004
provision_ref: s80
chapter: PART 8 - SPECIAL CONSTABULARY
section: 80
title: No resignation when disciplinary proceedings are pending
content:
80. Despite any other provision of this Act, a special police officer must not, without the written permission of the Commissioner, resign from the Special Constabulary during the period — ( a ) when any disciplinary proceedings for a disciplinary offence or any prosecution for an offence under this Part instituted against the special police officer is pending; ( b ) after notice of intention to prefer disciplinary charges or to prosecute the special police officer for an offence under this Part is given to the special police officer; or ( c ) where the special police officer has appealed against any finding of guilt, punishment, conviction or sentence, when the appeal is not withdrawn but pending. Division 3 &#x2014; Special provision for volunteers


document_id: pfa-2004
provision_ref: s81
chapter: PART 8 - SPECIAL CONSTABULARY
section: 81
title: Discipline of volunteer special police officers and volunteer ex‑NSmen
content:
81. —(1) A special police officer who is a volunteer or a volunteer ex‑NSman and below the rank of assistant superintendent may be disciplined by — ( a ) a police officer not below the rank of assistant superintendent; or ( b ) a special police officer not below the rank of assistant superintendent, in accordance with this Act and the Special Constabulary Regulations. [10/2015] (2) A special police officer who is a volunteer or a volunteer ex‑NSman and of or above the rank of assistant superintendent may be disciplined in accordance with this Act and the Special Constabulary Regulations by any police officer below the rank of Deputy Commissioner but of a higher rank than the special police officer concerned. [10/2015] (3) Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer who is a volunteer or a volunteer ex‑NSman and below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that the special police officer be subject to any one of the following punishments: ( a ) dismissal from the Special Constabulary; ( b ) detention of a volunteer ex-NSman for a period not exceeding 40 days; ( c ) reduction in rank, grade or seniority; ( d ) forfeiture of emoluments as follows: (i) up to 14 days’ emoluments for a special police officer who is a volunteer ex‑NSman; (ii) up to 8 hours’ emoluments for a special police officer who is a volunteer; ( e ) reprimand; ( f ) stoppage of leave for a special police officer who is a volunteer ex‑NSman; ( g ) restriction of privileges for a special police officer who is a volunteer ex‑NSman; ( h ) extra duty for a special police officer who is a volunteer ex‑NSman; ( i ) caution. [10/2015] (4) Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer who is a volunteer or a volunteer ex‑NSman and not below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that the special police officer be subject to any one of the following punishments: ( a ) dismissal from the Special Constabulary; ( b ) reduction in rank, grade or seniority; ( c ) forfeiture of emoluments as follows: (i) up to 14 days’ emoluments for a special police officer who is a volunteer ex‑NSman; (ii) up to 8 hours’ emoluments for a special police officer who is a volunteer; ( d ) stoppage or deferment of increment (of up to 2 years) for a special police officer who is a volunteer ex‑NSman; ( e ) reprimand. [10/2015] (5) A reprimand must not be awarded against a special police officer of the rank of constable, and a caution must not be awarded against a special police officer above the rank of corporal. (6) A disciplinary officer may, in lieu of or in addition to any punishment specified in subsection (3) or (4), order the special police officer concerned to pay — ( a ) in the case of a special police officer below the rank of senior staff sergeant — a fine not exceeding $1,500; ( b ) in the case of a special police officer of the rank of senior staff sergeant or higher but below the rank of assistant superintendent — a fine not exceeding $2,000; ( c ) in the case of a special police officer of the rank of assistant superintendent or deputy superintendent — a fine not exceeding $3,000; ( d ) in the case of a special police officer of the rank of superintendent or deputy assistant commissioner — a fine not exceeding $6,000; or ( e ) in the case of a special police officer of the rank of assistant commissioner or higher — a fine not exceeding $10,000. [Act 21 of 2021 wef 02/09/2022] (7) In addition to any punishment specified in subsections (3), (4) and (6), if a disciplinary officer finds any special police officer who is a volunteer ex‑NSman guilty of the disciplinary offence of wilful destruction or negligent loss of or damage to property belonging to the Government, the disciplinary officer may order that special police officer concerned to pay compensation to make good, either partially or wholly, the value of such property or the amount of such loss or damage. [10/2015] (8) In assessing the amount to be paid by way of compensation ordered under subsection (7), a disciplinary officer must have regard to the emoluments of the special police officer concerned, and any order under that subsection does not affect any right to any civil remedy for the recovery of damages beyond the amount of compensation so ordered. [10/2015] (9) The value or amount ordered to be made good by a special police officer under subsection (7) is recoverable as a debt due to the Government from that special police officer and be payable to the Police Fund established under Part 10. [10/2015] (10) A disciplinary officer authorised to impose detention as punishment under this section with respect to special police officers may order the detention as follows of a special police officer who is a volunteer ex‑NSman and ordered under subsection (6), on or after 1 June 2015, to pay a fine and who defaults in payment: ( a ) if the fine is $300 or lower, detention for not more than 10 days; ( b ) if the fine exceeds $300 but does not exceed $1,000, detention for a period not exceeding 20 days; ( c ) in any other case, detention for not more than 40 days or until the fine is paid. [10/2015; 53/2018] (11) Any detention ordered under subsection (10) against a special police officer who is a volunteer ex‑NSman is to start on such date as the disciplinary officer may specify in the order but must end earlier if the special police officer pays the fine in full. [10/2015] (12) Any special police officer against whom any order is made by a disciplinary officer under subsection (3), (4), (6), (7) or (10) may, not later than the 30th day after the date the order is served on the special police officer, appeal to the Commissioner or a Deputy Commissioner against any punishment imposed by that order or against any finding of guilt therein. [10/2015] (13) In every case where an appeal has been lodged under subsection (12) against any order under subsection (3), (4), (6) or (7), the punishment awarded by that order is suspended pending the determination of the appeal. [10/2015] (14) The Commissioner or a Deputy Commissioner (as the case may be) may determine an appeal under subsection (12) against an order of a disciplinary officer — ( a ) by confirming any finding of guilt or punishment ordered by the disciplinary officer; ( b ) by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Commissioner or Deputy Commissioner is of the opinion that the case against the appellant should be re-tried, by ordering the case to be re‑tried by another disciplinary officer; ( c ) by replacing any finding by the disciplinary officer that, in the opinion of the Commissioner or Deputy Commissioner, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer on the charge and on the facts; or ( d ) by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard. [10/2015] (15) Every decision of the Commissioner or a Deputy Commissioner (as the case may be) under subsection (14) in any such appeal is final. [10/2015] (16) A person sentenced to detention under this section must, unless otherwise provided for in the Special Constabulary Regulations, serve his or her sentence in a detention barrack. [10/2015] Division 4 &#x2014; Special provisions for national servicemen


document_id: pfa-2004
provision_ref: s82
chapter: PART 8 - SPECIAL CONSTABULARY
section: 82
title: Discipline of other special police officers
content:
82. —(1) A special police officer (other than a volunteer or a volunteer ex‑NSman) who is below the rank of assistant superintendent may be disciplined by — ( a ) a police officer not below the rank of assistant superintendent; or ( b ) a special police officer not below the rank of assistant superintendent, in accordance with this Act and the Special Constabulary Regulations. [10/2015] (2) A special police officer (other than a volunteer or a volunteer ex‑NSman) of or above the rank of assistant superintendent may be disciplined in accordance with this Act and the Special Constabulary Regulations by any police officer below the rank of Deputy Commissioner but of a higher rank than the special police officer concerned. [10/2015] (3) Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer (other than a volunteer or a volunteer ex‑NSman) below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that the special police officer be subject to any one of the following punishments: ( a ) detention for a period not exceeding 40 days; ( b ) reduction in rank, grade or seniority; ( c ) forfeiture of up to 14 days’ emoluments; ( d ) reprimand; ( e ) stoppage of leave; ( f ) restriction of privileges; ( g ) extra duty; ( h ) caution. [10/2015] (4) Subject to subsections (5) and (6), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Special Constabulary Regulations, a special police officer (other than a volunteer or a volunteer ex-NSman) not below the rank of assistant superintendent is found guilty by a disciplinary officer of any disciplinary offence, the disciplinary officer may order that such special police officer be subject to any one of the following punishments: ( a ) reduction in rank, grade or seniority; ( b ) forfeiture of up to 14 days’ emoluments; ( c ) stoppage of increment for up to 2 years; ( d ) reprimand. [10/2015] (5) A reprimand must not be awarded against a special police officer of the rank of constable, and a caution must not be awarded against a special police officer above the rank of corporal. (6) A disciplinary officer may, in lieu of or in addition to any punishment specified in subsection (3) or (4), order the special police officer concerned to pay — ( a ) in the case of a special police officer below the rank of senior staff sergeant — a fine not exceeding $1,500; ( b ) in the case of a special police officer of the rank of senior staff sergeant or higher but below the rank of assistant superintendent — a fine not exceeding $2,000; ( c ) in the case of a special police officer of the rank of assistant superintendent or deputy superintendent — a fine not exceeding $3,000; ( d ) in the case of a special police officer of the rank of superintendent or deputy assistant commissioner — a fine not exceeding $6,000; or ( e ) in the case of a special police officer of the rank of assistant commissioner or higher — a fine not exceeding $10,000. [53/2018] (7) In addition to any punishment specified in subsections (3), (4) and (6), if a disciplinary officer finds any special police officer guilty of the disciplinary offence of wilful destruction or negligent loss of or damage to property belonging to the Government, the disciplinary officer may order that special police officer concerned to pay compensation to make good, either partially or wholly, the value of such property or the amount of such loss or damage. [10/2015] (8) In assessing the amount to be paid by way of compensation ordered under subsection (7), a disciplinary officer must have regard to the emoluments of the special police officer concerned, and any order under that subsection does not affect any right to any civil remedy for the recovery of damages beyond the amount of compensation so ordered. [10/2015] (9) The value or amount ordered to be made good by a special police officer under subsection (7) is recoverable as a debt due to the Government from that special police officer and be payable to the Police Fund established under Part 10. [10/2015] (10) A disciplinary officer authorised to impose detention as punishment under this section with respect to special police officers may order the detention as follows of a special police officer who is ordered under subsection (6), on or after 1 June 2015, to pay a fine and who defaults in payment: ( a ) if the fine is $300 or lower, detention for not more than 10 days; ( b ) if the fine exceeds $300 but does not exceed $1,000, detention for a period not exceeding 20 days; ( c ) in any other case, detention for not more than 40 days or until the fine is paid. [10/2015; 53/2018] (11) Any detention ordered under subsection (10) against a special police officer is to start on such date as the disciplinary officer may specify in the order but must end earlier if the special police officer pays the fine in full. [10/2015] (12) Any special police officer against whom any order is made by a disciplinary officer under subsection (3), (4), (6), (7) or (10) may, not later than the 30th day after the date the order is served on the special police officer, appeal to the Commissioner or a Deputy Commissioner against any punishment imposed by that order or against any finding of guilt therein. [10/2015] (13) In every case where an appeal has been lodged under subsection (12) against any order under subsection (3), (4), (6), (7) or (10), the punishment awarded by that order is suspended pending the determination of the appeal. [10/2015] (14) The Commissioner or a Deputy Commissioner (as the case may be) may determine an appeal under subsection (12) against an order of a disciplinary officer — ( a ) by confirming any finding of guilt or punishment ordered by the disciplinary officer; ( b ) by quashing any finding of guilt or punishment ordered by the disciplinary officer and, if the Commissioner or Deputy Commissioner is of the opinion that the case against the appellant should be re‑tried, by ordering the case to be re‑tried by another disciplinary officer; ( c ) by replacing any finding by the disciplinary officer that, in the opinion of the Commissioner or Deputy Commissioner, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer on the charge and on the facts; or ( d ) by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard. [10/2015] (15) Every decision of the Commissioner or a Deputy Commissioner (as the case may be) under subsection (14) in any such appeal is final. [10/2015] (16) A sentence of detention imposed as a punishment under subsection (3)( a ) takes effect from the date on which it was passed, unless the disciplinary officer passing the sentence otherwise directs. (17) A person sentenced to detention under this Act must, unless otherwise provided for in the Special Constabulary Regulations, serve his or her sentence in a detention barrack.


document_id: pfa-2004
provision_ref: s83
chapter: PART 8 - SPECIAL CONSTABULARY
section: 83
title: Arrest for disciplinary offences after discharge
content:
83. The Commissioner, or a commanding officer in relation to a person who is a former special police officer discharged from the Special Constabulary in the circumstances specified in section 72(2), may issue a warrant for the arrest of the person where the Commissioner or commanding officer — ( a ) suspects, on reasonable grounds, that the person has committed a disciplinary offence or an offence under this Part before the person’s discharge; and ( b ) believes, on reasonable grounds, that the arrest of the person is necessary to ensure the appearance of the person before a disciplinary officer or that the person will not appear before a disciplinary officer.


document_id: pfa-2004
provision_ref: s84
chapter: PART 8 - SPECIAL CONSTABULARY
section: 84
title: Disciplinary proceedings after discharge
content:
84. —(1) Subject to section 115, where an offence under this Part or a disciplinary offence has been committed, or is reasonably suspected of having been committed, by any special police officer (other than a volunteer) before his discharge from the Special Constabulary in the circumstances specified in section 72(2), then despite the discharge, he must be treated, in relation to that offence, for the purposes of this Act relating to — ( a ) arrest, keeping in custody, investigation of charges; and ( b ) trial and punishment by a disciplinary officer, including review and execution of sentences, as if he is still a member of the Special Constabulary and a special police officer and as continuing to be subject to this Act. (1A) Without limiting subsection (1), a disciplinary officer may order the person treated under subsection (1) as continuing to be subject to this Act to appear before the disciplinary officer on the date and at the time appointed by the disciplinary officer for the purpose of any disciplinary proceedings in relation to the disciplinary offence concerned. [Act 21 of 2021 wef 02/09/2022] (1B) A person who fails to comply with any order under subsection (1A) is deemed to have committed a disciplinary offence. [Act 21 of 2021 wef 02/09/2022] (2) Where, while a person is in service custody by virtue of this section (whether before, during or after trial) he commits, or is reasonably suspected of having committed, an offence which if he were subject to this Act would be a service offence, then in relation to that offence or suspected offence he must be treated, for the purposes of this Act mentioned in subsection (1) and the provisions thereof as to the dealing with charges by a disciplinary officer, as having been subject to this Act when the offence was committed or is suspected of having been committed and as continuing to be subject to this Act thereafter. (3) Where under subsection (1) or (2) a person is treated as not being discharged from the Special Constabulary for the purpose of any provision of this Act, the person — ( a ) where the person was a national serviceman or an operationally ready national serviceman, must be regarded as having the rank he held on the day of his discharge or release as a national serviceman or an operationally ready national serviceman if he is no more liable for full‑time service or operationally ready national service (as the case may be) under the Enlistment Act 1970; and ( b ) where the person remains liable to render operationally ready national service under the Enlistment Act 1970, must be regarded as having the rank he holds as an operationally ready national serviceman at the date of disciplinary proceedings or trial for such offence under this Part or disciplinary offence. Division 5 &#x2014; Miscellaneous


document_id: pfa-2004
provision_ref: s84A
chapter: PART 8 - SPECIAL CONSTABULARY
section: 84A
title: Composition of disciplinary offences
content:
84A. —(1) Where a special police officer is alleged to have committed a disciplinary offence that is prescribed as a compoundable offence (called in this section a prescribed offence), the disciplinary officer may, instead of dealing with the special police officer under section 81 or 82 (as the case may be), refer the alleged offence to any police officer or public officer authorised by the Commissioner to compound offences (called in this section an authorised composition officer) for the composition of the offence under this section. (2) Subject to subsection (3), any authorised composition officer may compound a prescribed offence by collecting from a special police officer 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 authorised to be imposed by a disciplinary officer on the special police officer for the offence under this Part; ( b ) $5,000. (3) An authorised composition officer must not compound a prescribed offence reasonably suspected to have been committed by a special police officer who is in the same chain of command as the authorised composition officer. (4) On payment of the sum of money under subsection (2), no further proceedings are to be taken against that special police officer in respect of the prescribed offence. (5) All sums collected for the composition of a disciplinary offence under this Act must be paid into the Consolidated Fund. [Act 24 of 2022 wef 28/10/2022]


document_id: pfa-2004
provision_ref: s85
chapter: PART 8 - SPECIAL CONSTABULARY
section: 85
title: Special Constabulary Regulations
content:
85. —(1) The Minister may make regulations necessary or expedient for the carrying out of the purposes of this Part. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to special police officers on all or any of the following matters: ( a ) uniform and equipment; ( b ) arms to be carried; ( c ) training; ( d ) duties and responsibilities when not mobilised for service; ( e ) the manner of mobilisation and of discontinuing the same; ( f ) the investigation into, the conduct of disciplinary proceedings and the awarding of punishment, for disciplinary offences which may be dealt with by a disciplinary officer, including but not limited to — (i) the procedure to be observed in the bringing of charges before a disciplinary officer; (ii) the manner in which charges so brought are to be investigated, and the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary or abstract form) for the purpose of investigating or dealing with such charges; (iii) the addition to, or substitution for, a charge which has been investigated or a new charge for a disciplinary offence disclosed by evidence taken on the investigation and the treating of the investigation as the investigation of the new charge; (iv) the procedure to be observed in disciplinary proceedings before a disciplinary officer; and (v) empowering a disciplinary officer to amend a charge which is being heard by the disciplinary officer; ( g ) the classification, treatment, employment, discipline and control of special police officers serving sentences of detention, including the temporary or other release from detention for good conduct while in detention, for compassionate grounds or otherwise; ( h ) salaries and allowances; ( i ) awards in respect of death and personal injuries; ( j ) duties and responsibilities of members called up for national service or other service with the Special Constabulary; ( k ) any other matter which by this Part is required or permitted to be prescribed. [10/2015] (3) All Special Constabulary Regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pfa-2004
provision_ref: s85A
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 85A
title: Interpretation of this Part
content:
85A. —(1) In this Part, unless the context otherwise requires — “5% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates — ( a ) holds 5% or more, but less than 25%, of the total equity interests in the employer; or ( b ) is in a position to control 5% or more, but less than 25%, of the voting power in the employer; “25% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates — ( a ) holds 25% or more, but less than 50%, of the total equity interests in the employer; or ( b ) is in a position to control 25% or more, but less than 50%, of the voting power in the employer; “50% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates — ( a ) holds 50% or more of the total equity interests in the employer; or ( b ) is in a position to control 50% or more of the voting power in the employer; “75% controller”, in relation to an employer of an Auxiliary Police Force, means a person who, alone or together with the person’s associates — ( a ) holds 75% or more of the total equity interests in the employer; or ( b ) is in a position to control 75% or more of the voting power in the employer; “acquisition” includes an agreement to acquire, but does not include — ( a ) an acquisition by will or by operation of law; or ( b ) an acquisition by way of enforcement of a security for any loan or other debt; “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “chief executive officer”, in relation to a company or an organisation that is the employer of an Auxiliary Police Force, means the person principally responsible for the management and conduct of any type of business of the company or organisation in Singapore, and includes any person for the time being performing all or any of the functions or duties of a chief executive officer; “control” includes control as a result of, or by means of, any trust, agreement, arrangement, understanding or practice, whether or not having legal or equitable force and whether or not based on legal or equitable rights; “director” has the meaning given by section 4(1) of the Companies Act 1967 * ; “employer”, in sections 88, 88A, 88B and 88C and Division 1C, does not include the Government or a statutory body which creates an Auxiliary Police Force; “equity interest” means — ( a ) in relation to a company — a voting share in that company; and ( b ) in relation to an organisation other than a company — any right or interest, whether legal or equitable, in that organisation (by whatever name called) which gives the holder of that right or interest voting power in that organisation; “indirect controller”, in relation to an employer of an Auxiliary Police Force, means any person, whether acting alone or together with any other person, and with or without holding any equity interests or controlling the voting power in the employer — ( a ) whose directions, instructions or wishes the directors or other officers of the employer are accustomed or under an obligation, whether formal or informal, to act in accordance with; or ( b ) who is in a position to determine the policy of the employer, but does not include any of the following: ( c ) any person who is the chief executive officer, a director or the chairman of the employer whose appointment as such is approved or deemed approved under section 87; ( d ) any person whose directions, instructions or wishes the directors or other officers of the employer are accustomed to act in accordance with by reason only that they act on advice given by the person in that person’s professional capacity; “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005 * ; “treasury share” has the meaning given by section 4(1) of the Companies Act 1967 * ; “unregistered company” has the meaning given by section 245(1) of the Insolvency, Restructuring and Dissolution Act 2018; “voting share” has the meaning given by section 4(1) of the Companies Act 1967 * but does not include a treasury share. [*Updated to be consistent with the 2020 Revised Edition] (2) A reference in this Part to the control of a percentage of the voting power in an employer of an Auxiliary Police Force is a reference to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in a general meeting of the employer. (3) In ascertaining a person’s control of the percentage of the total number of votes that might be cast at a general meeting mentioned in subsection (2), the number of votes that the person is entitled to cast at the meeting by reason of having been appointed a proxy or representative to vote at the meeting is to be disregarded. [Act 21 of 2021 wef 02/09/2022]


document_id: pfa-2004
provision_ref: s85B
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 85B
title: Meaning of holding an equity interest
content:
85B. —(1) A person holds an equity interest under this Part if the person — ( a ) has or is deemed to have an equity interest in accordance with subsections (2) to (6); or ( b ) otherwise has a legal or an equitable interest in that equity interest, except for any interest prescribed by regulations made under section 104 as an interest that is to be disregarded. (2) Subject to subsection (3), a person has an equity interest if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, that equity interest. (3) It is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, the equity interest mentioned in subsection (2) is, or is capable of being made, subject to restraint or restriction. (4) It is immaterial, for the purposes of determining whether a person has an equity interest, that the interest cannot be related to a particular share, or an interest or a right that gives its holder voting power. (5) A person is also deemed to have an equity interest if that person — ( a ) has entered into a contract to purchase the equity interest; ( b ) has a right to have the equity interest transferred to (or to the order of) that person, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; ( c ) has the right to acquire the equity interest under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; or ( d ) is entitled (otherwise than by reason of having been appointed a proxy or representative to vote (as the case may be) at a general meeting of an employer of an Auxiliary Police Force) to exercise or control the exercise of a right attached to the equity interest, not being an equity interest in which that person has a legal or an equitable interest. (6) A person is not to be deemed as not having an equity interest by reason only that the person has the equity interest jointly with another person. (7) Regulations made under section 104 may provide that any equity interest has to be disregarded for the purposes of this section or any subsection of this section. [Act 21 of 2021 wef 02/09/2022] Division 1A &#x2014; Creation of Auxiliary Police Forces [Act 21 of 2021 wef 02/09/2022]


document_id: pfa-2004
provision_ref: s86
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 86
title: Creation of Auxiliary Police Forces
content:
86. —(1) The Commissioner may, with the approval of the Minister, authorise the creation by the Government or any statutory body, or by any company or other organisation carrying on business within Singapore (called in this Part the employer), of one or more Auxiliary Police Forces for all or any of the following purposes: ( a ) to safeguard life and any property of the employer; ( b ) to safeguard life and any property of any other person in Singapore; ( c ) to assist the Police Force in the maintenance of law and order and the detention or arrest of individuals that police officers are authorised to apprehend; ( d ) to assist any department of the Government or any statutory body in the discharge of any duty imposed or function conferred under any written law; ( e ) to carry out such security activity as the Commissioner may approve. [10/2015] (2) The Commissioner may, in authorising the creation of an Auxiliary Police Force under subsection (1), impose any conditions that the Commissioner thinks fit. (3) Without limiting subsection (2), the conditions that may be imposed under that subsection in relation to an Auxiliary Police Force include — ( a ) restricting the Auxiliary Police Force to carrying out only such security activity as the Commissioner may specify in the authorisation under subsection (1); ( b ) requiring that the approval of the Commissioner be first obtained before the Auxiliary Police Force carries out any new security activity in the course of business or for remuneration; ( c ) requiring the employer of the Auxiliary Police Force to pay an annual fee of a prescribed amount to the Commissioner; and ( d ) where the employer is other than the Government or a statutory body — (i) requiring at least one-half of the voting shares of the company or organisation to be held by Singapore citizens; and (ii) [ Deleted by Act 21 of 2021 wef 02/09/2022 ] (3A) It is a condition of any authorisation for the creation of an Auxiliary Police Force under subsection (1) (whether the authorisation is given before, on or after the date of commencement of section 19 of the Police Force (Amendment) Act 2021) that the employer of the Auxiliary Police Force must give written notice to the Commissioner within 7 days after the employer first becomes aware that any person — ( a ) whether by a series of transactions over a period of time or otherwise, has become on or after the date of commencement of section 19 of the Police Force (Amendment) Act 2021, a 5% controller, a 25% controller, a 50% controller or an indirect controller of the employer; or ( b ) has ceased, on or after the date of commencement of section 19 of the Police Force (Amendment) Act 2021, to be a 50% controller or a 75% controller of the employer. [Act 21 of 2021 wef 02/09/2022] (4) The Commissioner may at any time, by written notice to the employer of the Auxiliary Police Force concerned, vary or revoke any condition imposed under subsection (2) or impose any additional condition on an employer of an Auxiliary Police Force. [Act 21 of 2021 wef 02/09/2022] (4A) Any condition imposed under subsection (2), or varied or revoked or added to under subsection (4), has effect despite any other written law or anything contained in the memorandum or articles of association, or other constitution, of an employer. [Act 21 of 2021 wef 02/09/2022] (5) Before varying or revoking any condition or imposing additional conditions on an employer of an Auxiliary Police Force under subsection (4), the Commissioner must notify the employer of the Commissioner’s intention to do so and must give the employer an opportunity to be heard as to why the conditions should not be so varied or revoked or the additional conditions should not be imposed, as the case may be. [Act 21 of 2021 wef 02/09/2022] (6) Any decision of the Commissioner under subsection (5) in relation to an Auxiliary Police Force does not take effect — ( a ) until the 31st day after the date on which the decision is communicated to the employer of the Auxiliary Police Force concerned; or ( b ) where an appeal against the decision is made to the Minister under subsection (7), until the appeal has been determined or withdrawn. (7) Any employer of an Auxiliary Police Force who is aggrieved by the decision of the Commissioner under subsection (2) or (4) may, within 30 days after receiving notice of the Commissioner’s decision, appeal against the decision in writing to the Minister. (8) The decision of the Minister on an appeal under subsection (7) is final. (9) The Minister may designate any of the following to hear and determine, in the Minister’s place, any appeals or a specific appeal under this section: ( a ) any Minister of State or Parliamentary Secretary for the Minister’s Ministry; ( b ) any public officer in that Ministry not subordinate to the Commissioner whose decision is appealed against, and any reference in this section to the Minister includes a reference to the Minister of State, Parliamentary Secretary or public officer so designated for that appeal. [10/2015] (10) [ Deleted by Act 21 of 2021 wef 02/09/2022 ]


document_id: pfa-2004
provision_ref: s86A
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 86A
title: Offence for carrying on or advertising security activity
content:
86A. —(1) Any person who — ( a ) is not an employer of an Auxiliary Police Force the creation of which is authorised by the Commissioner under section 86(1); and ( b ) does any of the following: (i) in the course of any business carry on any security activity; (ii) advertise or in any way hold out that the person carries on, or is willing to carry on, for a fee or reward any security activity, shall be guilty of an offence. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) in the case of an individual — (i) to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both; and (ii) in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case — (i) to a fine not exceeding $1 million; and (ii) in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. [Act 21 of 2021 wef 02/09/2022] Division 1B &#x2014; Monitoring control of certain employers of
Auxiliary Police Force [Act 21 of 2021 wef 02/09/2022]


document_id: pfa-2004
provision_ref: s87
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 87
title: Special features of employer of Auxiliary Police Force
content:
87. —(1) A person (other than the Government or a statutory body) must not acquire, on or after the date of commencement of section 21 of the Police Force (Amendment) Act 2021, as a going concern the business or undertaking of an employer of an Auxiliary Police Force except with the prior written approval of the Minister granted upon the application of the person and the employer of the Auxiliary Police Force concerned. (2) The Minister must not approve an application made under subsection (1) if the Minister is satisfied that — ( a ) the person proposing to acquire as a going concern the business or undertaking of the employer of an Auxiliary Police Force is not a fit and proper person; ( b ) the acquiring as a going concern the business or undertaking of the employer of an Auxiliary Police Force will result in adverse effect on the continuity, reliability and security of the provision of security activities and other services by the Auxiliary Police Forces in Singapore generally; or ( c ) it is not in the public interest to do so. (3) Any approval mentioned in subsection (1) may be granted subject to such conditions as the Minister may determine. (4) The Minister may at any time add to, vary or revoke any condition imposed under subsection (3). (5) An employer of an Auxiliary Police Force (other than the Government or a statutory body) must not appoint, on or after the date of commencement of section 21 of the Police Force (Amendment) Act 2021, any person as its chief executive officer, chairman or director except with the prior approval of the Commissioner to do so. (6) A person who, immediately before the date of commencement of section 21 of the Police Force (Amendment) Act 2021, is a chief executive officer, chairman or director of an employer of an Auxiliary Police Force is deemed to be approved by the Commissioner under subsection (5) as the chief executive officer, chairman or director of that employer. (7) Unless the Minister otherwise approves, the chief executive officer of an employer of an Auxiliary Police Force and at least one-half of its directors must be citizens of Singapore. (8) Where the Commissioner revokes an approval or a deemed approval under this section for the appointment of a person as the chief executive officer, the chairman or a director of an employer of an Auxiliary Police Force, the employer of the Auxiliary Police Force must immediately remove the person from such office. (9) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $1 million. (10) This section has effect despite the provisions of any other written law or of the memorandum or articles of association, or other constitution, of a company or an organisation. [Act 21 of 2021 wef 02/09/2022]


document_id: pfa-2004
provision_ref: s88
chapter: PART 9 - AUXILIARY POLICE FORCES
section: 88
title: Controls over ownership of employer of Auxiliary Police Force
content:
88. —(1) If a person becomes, on or after the appointed day, a 5% controller of an employer of an Auxiliary Police Force, the person must, within 7 days after becoming the 5% controller, give written notice to the Commissioner of that fact. (2) Except with the prior written approval of the Minister, a person must not — ( a ) whether by a series of transactions over a period of time or otherwise, become on or after the appointed day a 25% controller, a 50% controller or an indirect controller of an employer of an Auxiliary Police Force; or ( b ) cease on or after the appointed day to be a 50% controller or a 75% controller of an employer of an Auxiliary Police Force. (3) A person who, immediately before the appointed day, is a 25% controller, a 50% controller or an indirect controller of an employer of an Auxiliary Police Force is deemed to be approved by the Minister under this section to be a 25% controller, a 50% controller or an indirect controller of the employer of the Auxiliary Police Force, as the case may be. (4) The Minister must not approve an application made by any person under subsection (2)( a ) if the Minister is satisfied that — ( a ) the person is not a fit and proper person; ( b ) having regard to the person’s likely influence, the employer of the Auxiliary Police Force will not or will not continue to conduct its business prudently and in compliance with this Act; or ( c ) it is not in the public interest to do so. (5) The Minister must not approve an application made by any person under subsection (2)( b ) if the Minister is satisfied that — ( a ) the provision of security activities and other services by the employer of the Auxiliary Police Force of which the applicant is a 50% controller or a 75% controller will not continue to be reliable; ( b ) the employer of the Auxiliary Police Force will cease to continue to conduct its business prudently and in compliance with this Act; or ( c ) it is not in the public interest to do so. (6) Any approval or deemed approval under this section may be subject to such conditions as the Minister may determine. (7) The Minister may at any time add to, vary or revoke any condition imposed under subsection (6). (8) Any condition imposed under subsection (6), or added to, varied or revoked under subsection (7), has effect despite any written law or anything contained in the memorandum or articles of association, or other constitution, of a company or an organisation. (9) In this section, “appointed day” means the date of commencement of section 22 of the Police Force (Amendment) Act 2021. [Act 21 of 2021 wef 02/09/2022]


