§ 48 — Appeals to Minister

48.—(1) The former holder of a licence revoked under section 20(2)(a) (called the appellant) may appeal to the Minister against the Director-General’s decision under that section to revoke the licence.[Act 11 of 2023 wef 01/05/2023]

(2) An applicant for a licence (called the appellant) may appeal to the Minister against any refusal by the Director-General under section 11(1)(b) to grant the applicant the licence.[Act 11 of 2023 wef 01/05/2023]

(3) A licensee that is aggrieved by any of the following decisions of the Director-General (called the appellant) may appeal to the Minister against the decision:(a)

any refusal of the Director-General under section 11(1)(b) to grant on renewal the licensee’s licence;[Act 11 of 2023 wef 01/05/2023]

(aa)

any refusal of the Director-General under section 11B(1)(b) or 11D(1)(b) to grant an approval under section 11B or 11D, as the case may be;[Act 11 of 2023 wef 26/06/2023]

(ab)

any modification of a licence condition mentioned in section 14(5) and in respect of which the notice mentioned in section 14(2) was not given;[Act 11 of 2023 wef 26/06/2023]

(b)

any regulatory action taken against the licensee under section 20(2)(b) or (3A);[Act 11 of 2023 wef 26/06/2023]

(c)

any direction of the Director-General under section 23(2) to remove an individual from his or her appointment as a key appointment holder of the appellant;[Act 11 of 2023 wef 01/05/2023]

(d)

any direction of the Director-General under section 24(9) to remove an individual from his or her appointment as the appellant’s Principal Officer or Clinical Governance Officer and replace that individual.[Act 11 of 2023 wef 01/05/2023]

(4) A section 25 licensee (called the appellant) may appeal to the Minister against a direction made by the Director-General under section 40.[Act 11 of 2023 wef 01/05/2023]

(4A) A person who is aggrieved by any direction of the Director-General under section 31C(1) (called the appellant) may appeal to the Minister.[Act 11 of 2023 wef 26/06/2023]

(5) An appeal under this section —(a)

must be in writing;

(b)

must specify the grounds on which it is made; and

(c)

must be made within the prescribed period after the appellant is notified of the Director-General’s decision or direction (as the case may be) that is appealed against.[Act 11 of 2023 wef 01/05/2023]

(6) The Minister may reject an appeal of an appellant that fails to comply with subsection (5).

(7) After consideration of an appeal, the Minister may —(a)

reject the appeal and confirm the Director-General’s decision or direction, as the case may be; or[Act 11 of 2023 wef 01/05/2023]

(b)

allow the appeal and substitute or vary the Director-General’s decision or direction, as the case may be.[Act 11 of 2023 wef 01/05/2023]

(8) The Minister’s decision on an appeal is final.

(9) Every appellant must be notified of the Minister’s decision under subsection (7).

(10) An appeal against the Director-General’s decision or direction, as the case may be —(a)

does not affect the operation of the decision or direction (as the case may be) appealed against or prevent the taking of action to implement the decision or direction, as the case may be; and

(b)

unless otherwise directed by the Minister, the decision or direction (as the case may be) appealed against must be complied with until the determination of the appeal.[Act 11 of 2023 wef 01/05/2023]

—(1) The former holder of a licence revoked under section 20(2)(a) (called the appellant) may appeal to the Minister against the Director-General’s decision under that section to revoke the licence.[Act 11 of 2023 wef 01/05/2023]

(2) An applicant for a licence (called the appellant) may appeal to the Minister against any refusal by the Director-General under section 11(1)(b) to grant the applicant the licence.[Act 11 of 2023 wef 01/05/2023]

(3) A licensee that is aggrieved by any of the following decisions of the Director-General (called the appellant) may appeal to the Minister against the decision:(a)

any refusal of the Director-General under section 11(1)(b) to grant on renewal the licensee’s licence;[Act 11 of 2023 wef 01/05/2023]

(aa)

any refusal of the Director-General under section 11B(1)(b) or 11D(1)(b) to grant an approval under section 11B or 11D, as the case may be;[Act 11 of 2023 wef 26/06/2023]

(ab)

any modification of a licence condition mentioned in section 14(5) and in respect of which the notice mentioned in section 14(2) was not given;[Act 11 of 2023 wef 26/06/2023]

(b)

any regulatory action taken against the licensee under section 20(2)(b) or (3A);[Act 11 of 2023 wef 26/06/2023]

(c)

any direction of the Director-General under section 23(2) to remove an individual from his or her appointment as a key appointment holder of the appellant;[Act 11 of 2023 wef 01/05/2023]

(d)

any direction of the Director-General under section 24(9) to remove an individual from his or her appointment as the appellant’s Principal Officer or Clinical Governance Officer and replace that individual.[Act 11 of 2023 wef 01/05/2023]

(4) A section 25 licensee (called the appellant) may appeal to the Minister against a direction made by the Director-General under section 40.[Act 11 of 2023 wef 01/05/2023]

(4A) A person who is aggrieved by any direction of the Director-General under section 31C(1) (called the appellant) may appeal to the Minister.[Act 11 of 2023 wef 26/06/2023]

(5) An appeal under this section —(a)

must be in writing;

(b)

must specify the grounds on which it is made; and

(c)

must be made within the prescribed period after the appellant is notified of the Director-General’s decision or direction (as the case may be) that is appealed against.[Act 11 of 2023 wef 01/05/2023]

(6) The Minister may reject an appeal of an appellant that fails to comply with subsection (5).

(7) After consideration of an appeal, the Minister may —(a)

reject the appeal and confirm the Director-General’s decision or direction, as the case may be; or[Act 11 of 2023 wef 01/05/2023]

(b)

allow the appeal and substitute or vary the Director-General’s decision or direction, as the case may be.[Act 11 of 2023 wef 01/05/2023]

(8) The Minister’s decision on an appeal is final.

(9) Every appellant must be notified of the Minister’s decision under subsection (7).

(10) An appeal against the Director-General’s decision or direction, as the case may be —(a)

does not affect the operation of the decision or direction (as the case may be) appealed against or prevent the taking of action to implement the decision or direction, as the case may be; and

(b)

unless otherwise directed by the Minister, the decision or direction (as the case may be) appealed against must be complied with until the determination of the appeal.[Act 11 of 2023 wef 01/05/2023]