Qualified person to be independent
39.—(1) A person must not, for the purposes of this Act, appoint any qualified person to —(a)
review or certify any design and specifications, proposed installation method and programme or proposed modification method and programme in respect of any amusement ride;
(b)
supervise any installation works, modification works or relocation works;
(c)
inspect or certify any amusement ride; or
(d)
carry out any other function in respect of any amusement ride,
if the person knows or ought reasonably to know that the qualified person has any professional or financial interest in the amusement ride or the operation thereof, or in the installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride.
(2) A qualified person must not, for the purposes of this Act —(a)
review or certify any design and specifications, proposed installation method and programme or proposed modification method and programme in respect of any amusement ride;
(b)
supervise any installation works, modification works or relocation works;
(c)
inspect or certify any amusement ride; or
(d)
carry out any other function in respect of any amusement ride,
if the qualified person has any professional or financial interest in the amusement ride or the operation thereof, or in the installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride.
(3) A qualified person is regarded as having a professional or financial interest in an amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride if —(a)
the qualified person is or has, in any capacity, been responsible for, or is or has acted as a consultant in, the preparation of the design and specifications, proposed installation method and programme or proposed modification method and programme in respect of the amusement ride;
(b)
the qualified person, or any nominee of the qualified person, is a member, an officer or an employee of any company or other body which has a professional or financial interest in the amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride;
(c)
the qualified person is a partner of, or is in the employment of, a person who has a professional or financial interest in the amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride; or
(d)
the qualified person holds any interest in the amusement ride or any part thereof.
(4) For the purposes of this section —(a)
a person is treated as having a professional or financial interest in an amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride, even if the person has that interest only as trustee for the benefit of some other person; and
(b)
in the case of a husband and wife living together, the interest of one spouse is, if known to the other, deemed to be also an interest of the other.
(5) For the purposes of this section —(a)
the carrying out of any function under this Act as a qualified person; and
(b)
the entitlement to any fee paid for carrying out any such function,
is not by itself regarded as constituting a professional or financial interest.
(6) 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 $50,000 or to imprisonment for a term not exceeding 6 months or to both.
Qualified person vacating appointment before issue of installation permit
40.—(1) If, at any time while an application for an installation permit is pending before the Commissioner, the qualified person appointed under section 6(2)(a)(i) by the applicant for the installation permit should for any reason vacate his or her appointment —(a)
both the applicant for the installation permit and the qualified person must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact;
(b)
the applicant for the installation permit must —(i)
within such time as may be allowed by the Commissioner, appoint another qualified person to substitute for the qualified person who has vacated his or her appointment; and
(ii)
within 7 days thereafter, notify the Commissioner of that substitute appointment; and
(c)
the Commissioner must not consider the application for the installation permit until —(i)
the applicant for the installation permit has, pursuant to paragraph (b), appointed a substitute qualified person and notified the Commissioner of the appointment; and
(ii)
the substitute qualified person has, in accordance with section 46 —(A)
reviewed the design and specifications and the proposed installation method and programme of the amusement ride to be installed; and
(B)
issued a certificate stating that, in the opinion of the substitute qualified person, the design and specifications and the proposed installation method and programme of the amusement ride conform to the prescribed requirements.
(2) Any person who, without reasonable excuse, contravenes subsection (1)(a) or (b)(ii) shall be guilty of an offence.
Qualified person vacating appointment during installation works
41.—(1) If the qualified person appointed under section 6(2)(a)(ii) by the holder of an installation permit to supervise the carrying out of any installation works should for any reason vacate his or her appointment while the installation works are still in progress —(a)
both the holder of the installation permit and the qualified person must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; and
(b)
the holder of the installation permit must —(i)
within such time as may be allowed by the Commissioner, appoint another qualified person to substitute for the qualified person who has vacated his or her appointment;
(ii)
within 7 days thereafter, notify the Commissioner of that substitute appointment; and
(iii)
ensure that the installation works are ceased until the holder of the installation permit has complied with sub‑paragraphs (i) and (ii).
(2) Any person who, without reasonable excuse, contravenes subsection (1)(a) or (b)(ii) shall be guilty of an offence.
(3) If the holder of an installation permit contravenes subsection (1)(b)(iii), the holder of the installation permit shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues,
and if the contravention continues after the conviction, the holder of the installation permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.
Qualified person vacating appointment before inspection or certification of amusement ride under section 12
42.—(1) If the qualified person appointed under section 6(2)(a)(iii) by the holder of an installation permit to inspect and certify an amusement ride under section 12 upon the completion of its installation should for any reason vacate his or her appointment before carrying out or completing the inspection or certification —(a)
both the holder of the installation permit and the qualified person must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; and
(b)
the holder of the installation permit must —(i)
within such time as may be allowed by the Commissioner, appoint another qualified person to substitute for the qualified person who has vacated his or her appointment; and
(ii)
within 7 days thereafter, notify the Commissioner of that substitute appointment.
(2) Any person who, without reasonable excuse, contravenes subsection (1)(a) or (b)(ii) shall be guilty of an offence.
Qualified person vacating appointment before issue of modification permit
43.—(1) If, at any time while an application for a modification permit is pending before the Commissioner, the qualified person appointed under section 24(2)(a)(i) by the applicant for the modification permit should for any reason vacate his or her appointment —(a)
both the applicant for the modification permit and the qualified person must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact;
(b)
the applicant for the modification permit must —(i)
within such time as may be allowed by the Commissioner, appoint another qualified person to substitute for the qualified person who has vacated his or her appointment; and
(ii)
within 7 days thereafter, notify the Commissioner of that substitute appointment; and
(c)
the Commissioner must not consider the application for the modification permit until —(i)
the applicant for the modification permit has, pursuant to paragraph (b), appointed a substitute qualified person and notified the Commissioner of the appointment; and
(ii)
the substitute qualified person has, in accordance with section 46 —(A)
reviewed the design and specifications and the proposed modification method and programme of the major modification of the amusement ride; and
(B)
issued a certificate stating that, in the opinion of the substitute qualified person, the design and specifications and the proposed modification method and programme of the major modification of the amusement ride conform to the prescribed requirements.
(2) Any person who, without reasonable excuse, contravenes subsection (1)(a) or (b)(ii) shall be guilty of an offence.
Qualified person vacating appointment during modification works
44.—(1) If the qualified person appointed under section 24(2)(a)(ii) by the holder of a modification permit to supervise the carrying out of any modification works should for any reason vacate his or her appointment while the modification works are still in progress —(a)
both the holder of the modification permit and the qualified person must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; and
(b)
the holder of the modification permit must —(i)
within such time as may be allowed by the Commissioner, appoint another qualified person to substitute for the qualified person who has vacated his or her appointment;
(ii)
within 7 days thereafter, notify the Commissioner of that substitute appointment; and
(iii)
ensure that the modification works are ceased until the holder of the modification permit has complied with sub‑paragraphs (i) and (ii).
(2) Any person who, without reasonable excuse, contravenes subsection (1)(a) or (b)(ii) shall be guilty of an offence.
(3) If the holder of a modification permit contravenes subsection (1)(b)(iii), the holder of the modification permit shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues,
and if the contravention continues after the conviction, the holder of the modification permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.
Qualified person vacating appointment before inspection or certification of amusement ride under section 30
45.—(1) If the qualified person appointed under section 24(2)(a)(iii) by the holder of a modification permit to inspect and certify an amusement ride under section 30 upon the completion of its major modification should for any reason vacate his or her appointment before carrying out or completing the inspection or certification —(a)
both the holder of the modification permit and the qualified person must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; and
(b)
the holder of the modification permit must —(i)
within such time as may be allowed by the Commissioner, appoint another qualified person to substitute for the qualified person who has vacated his or her appointment; and
(ii)
within 7 days thereafter, notify the Commissioner of that substitute appointment.
(2) Any person who, without reasonable excuse, contravenes subsection (1)(a) or (b)(ii) shall be guilty of an offence.
Standard of skill, care and diligence to be exercised by qualified persons
46.—(1) Subject to subsection (2), every qualified person appointed for the purposes of this Act to —(a)
review and certify —(i)
the design and specifications and the proposed installation method and programme of an amusement ride; or
(ii)
the design and specifications and the proposed modification method and programme of the major modification of an amusement ride;
(b)
supervise any installation works, modification works or relocation works;
(c)
inspect and certify any amusement ride; or
(d)
carry out any other function under this Act in respect of an amusement ride,
must, when carrying out that function, exercise the standard of skill, care and diligence that could reasonably be expected to be exercised by a specialist professional engineer having the requisite specialised knowledge and experience in carrying out functions of a similar nature, scope and complexity.
(2) Except as otherwise provided by subsections (3) and (5), a qualified person must appoint and consider the opinion and advice of a conformity assessor for the purpose of —(a)
reviewing and certifying —(i)
the design and specifications and the proposed installation method and programme of a major amusement ride; or
(ii)
the design and specifications and the proposed modification method and programme of the major modification of a major amusement ride;
(b)
supervising any installation works or modification works in respect of a major amusement ride;
(c)
inspecting and certifying any major amusement ride; or
(d)
carrying out any other function under this Act in respect of a major amusement ride.
(3) The Commissioner may, on the application of a qualified person, waive the requirement for the qualified person to consult and consider the opinion and advice of a conformity assessor as required under subsection (2) if the Commissioner is satisfied that the qualified person has the requisite qualifications, skill, expertise and experience to carry out the functions mentioned in that subsection without the assistance of a conformity assessor.
(4) A qualified person who fails to comply with subsection (2) does not commit an offence, but —(a)
the Commissioner may refuse to accept any certificate issued by the qualified person in respect of any major amusement ride for the purposes of any provision of this Act unless the Commissioner has granted a waiver to the qualified person under subsection (3); and
(b)
in any proceedings under this Act in which the question arises as to whether the qualified person has or has not exercised the standard of skill, care and diligence required of him or her, the failure of the qualified person to comply with subsection (2) is to be taken into consideration in the determination of that question.
(5) Subsection (2) does not apply to a qualified person for the purposes of section 34(4)(b) or (8)(a).
Other general duties of qualified persons
47.—(1) Every qualified person who is appointed to carry out any function under this Act in respect of an amusement ride must —(a)
whenever required by the Commissioner, submit to the Commissioner in such form and manner and within such time as the Commissioner may allow such information and reports as may be prescribed or otherwise specified by the Commissioner concerning the amusement ride or any installation works, modification works or relocation works that are being or are to be carried out thereto;
(b)
notify the Commissioner if any such installation works or modification works (as the case may be) have been suspended for a period of more than 3 months; and
(c)
comply with such other duties as may be prescribed.
(2) Any qualified person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)
to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and
(b)
in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues,
and if the contravention continues after the conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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