§ 38 — Provisional orders for securing compliance

38.—(1) Subject to subsections (5) and (6), where it appears to the LTA that —(a)

a licensee is contravening, or is likely to contravene —(i)

any of the conditions of its licence; or

(ii)

any code of practice applicable to the licensee; or

(b)

a licensee has failed to secure the compliance by its employees, agents or subcontractors with —(i)

any of the conditions of its licence; or

(ii)

any code of practice applicable to the licensee,

and that it is appropriate or requisite that a provisional order be made under this section, the LTA must, instead of taking any decision under section 39, by provisional order make such provision as appears to it requisite for securing compliance with that licence condition or code of practice.

(2) A provisional order —(a)

must require the licensee to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the provisional order or are of a description so specified;

(b)

takes effect at such time, being the earliest practicable time, as is determined by or under the provisional order; and

(c)

may be revoked at any time by the LTA.

(3) In determining whether it is appropriate or requisite that a provisional order be made, the LTA must have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the condition of a licence or code of practice, is done or likely to be done, or omitted to be done, before a decision under section 39 may be made.

(4) Subject to subsections (5), (6) and (7), the LTA must, by notice in writing, confirm a provisional order, with or without modifications, if —(a)

the LTA is satisfied that the licensee to whom the order relates is contravening, or is likely to contravene any condition of its licence or any code of practice, or has failed to secure the compliance by its employees, agents or subcontractors with any condition of its licence or any code of practice; and

(b)

the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that licence condition or code of practice.

(5) The LTA must not make or confirm a provisional order in relation to a licensee if it is satisfied —(a)

that the duties imposed on the LTA under this Act or the Land Transport Authority of Singapore Act (Cap. 158A), or the terms of the relevant bilateral railway agreement, preclude the making of such an order;

(b)

that the licensee has agreed to take, and is taking, all such steps as it appears to the LTA for the time being to be appropriate for the licensee to take for the purpose of securing or facilitating compliance with the licence condition or code of practice in question; or

(c)

that the contraventions were, or the apprehended contraventions are, of a trivial nature.

(6) Before the LTA makes or confirms a provisional order, the LTA must give notice to the licensee concerned —(a)

stating that the LTA proposes to make or confirm the provisional order and setting out its effect;

(b)

setting out —(i)

the relevant licence condition or code of practice for the purpose of securing compliance with which the provisional order is to be made or confirmed;

(ii)

the acts or omissions which, in the LTA’s opinion, constitute or would constitute contraventions of that licence condition or code of practice; and

(iii)

the other facts which, in the LTA’s opinion, justify the making or confirmation of the provisional order; and

(c)

specifying the period (not being less than 28 days after the date of service of the notice) within which representations with respect to the proposed provisional order or proposed confirmation may be made,

and must consider any representation which is duly made and not withdrawn.

(7) The LTA must not confirm a provisional order with modifications except —(a)

with the consent of the licensee to whom the provisional order relates; or

(b)

after —(i)

serving on that licensee such notice of the proposal to confirm the provisional order with modifications and in that notice, specifying the period (not being less than 28 days after the date of service of the notice) within which representations with respect to the proposed modifications may be made; and

(ii)

considering any representation which is duly made and not withdrawn.

(8) In this section, “provisional order” means an order under this section which, if not previously confirmed in accordance with subsection (5), will cease to have effect at the end of such period (not exceeding 3 months) as is determined by or under the order.

—(1) Subject to subsections (5) and (6), where it appears to the LTA that —(a)

a licensee is contravening, or is likely to contravene —(i)

any of the conditions of its licence; or

(ii)

any code of practice applicable to the licensee; or

(b)

a licensee has failed to secure the compliance by its employees, agents or subcontractors with —(i)

any of the conditions of its licence; or

(ii)

any code of practice applicable to the licensee,

and that it is appropriate or requisite that a provisional order be made under this section, the LTA must, instead of taking any decision under section 39, by provisional order make such provision as appears to it requisite for securing compliance with that licence condition or code of practice.

(2) A provisional order —(a)

must require the licensee to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the provisional order or are of a description so specified;

(b)

takes effect at such time, being the earliest practicable time, as is determined by or under the provisional order; and

(c)

may be revoked at any time by the LTA.

(3) In determining whether it is appropriate or requisite that a provisional order be made, the LTA must have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the condition of a licence or code of practice, is done or likely to be done, or omitted to be done, before a decision under section 39 may be made.

(4) Subject to subsections (5), (6) and (7), the LTA must, by notice in writing, confirm a provisional order, with or without modifications, if —(a)

the LTA is satisfied that the licensee to whom the order relates is contravening, or is likely to contravene any condition of its licence or any code of practice, or has failed to secure the compliance by its employees, agents or subcontractors with any condition of its licence or any code of practice; and

(b)

the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that licence condition or code of practice.

(5) The LTA must not make or confirm a provisional order in relation to a licensee if it is satisfied —(a)

that the duties imposed on the LTA under this Act or the Land Transport Authority of Singapore Act (Cap. 158A), or the terms of the relevant bilateral railway agreement, preclude the making of such an order;

(b)

that the licensee has agreed to take, and is taking, all such steps as it appears to the LTA for the time being to be appropriate for the licensee to take for the purpose of securing or facilitating compliance with the licence condition or code of practice in question; or

(c)

that the contraventions were, or the apprehended contraventions are, of a trivial nature.

(6) Before the LTA makes or confirms a provisional order, the LTA must give notice to the licensee concerned —(a)

stating that the LTA proposes to make or confirm the provisional order and setting out its effect;

(b)

setting out —(i)

the relevant licence condition or code of practice for the purpose of securing compliance with which the provisional order is to be made or confirmed;

(ii)

the acts or omissions which, in the LTA’s opinion, constitute or would constitute contraventions of that licence condition or code of practice; and

(iii)

the other facts which, in the LTA’s opinion, justify the making or confirmation of the provisional order; and

(c)

specifying the period (not being less than 28 days after the date of service of the notice) within which representations with respect to the proposed provisional order or proposed confirmation may be made,

and must consider any representation which is duly made and not withdrawn.

(7) The LTA must not confirm a provisional order with modifications except —(a)

with the consent of the licensee to whom the provisional order relates; or

(b)

after —(i)

serving on that licensee such notice of the proposal to confirm the provisional order with modifications and in that notice, specifying the period (not being less than 28 days after the date of service of the notice) within which representations with respect to the proposed modifications may be made; and

(ii)

considering any representation which is duly made and not withdrawn.

(8) In this section, “provisional order” means an order under this section which, if not previously confirmed in accordance with subsection (5), will cease to have effect at the end of such period (not exceeding 3 months) as is determined by or under the order.