Health Promotion Board Act 2001

Health Promotion Board
Act 2001

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to establish the Health Promotion Board, to provide for its functions and powers, and for matters connected therewith.

[1 April 2001]

PART 1

PRELIMINARY

Short title

1.  This Act is the Health Promotion Board Act 2001.

Interpretation

2.  In this Act, unless the context otherwise requires —

“Board” means the Health Promotion Board established under section 3;

“Chairperson” means the Chairperson of the Board and includes a temporary Chairperson appointed under section 8;

“Chief Executive” means the Chief Executive of the Board, and includes any individual acting in that capacity;

“member” means a member of the Board.

[5/2018]

PART 2

ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF BOARD

Establishment and incorporation of Health Promotion Board

3.  A body called the Health Promotion Board is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of —

(a) suing and being sued;

(b) acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and

(c) doing and suffering all such other acts or things as a body corporate may lawfully do and suffer.

Common seal

4.—(1)  The Board must have a common seal and the seal may be broken, changed, altered or made anew as the Board thinks fit.

(2)  All deeds and other documents requiring the seal of the Board must be sealed with the common seal of the Board.

(3)  All instruments to which the common seal is affixed must be signed by any 2 members generally or specially authorised by the Board for the purpose or by one member and the Chief Executive.

(4)  The Board may, by resolution or otherwise in writing, appoint an officer of the Board or any other agent either generally or in any particular case to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter coming within the powers of the Board.

(5)  All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Board affixed to any document and presume that it was duly affixed.

Constitution of Board

5.—(1)  The Board consists of —

(a) a Chairperson; and

(b) not less than 6 but not more than 10 other members,

all of whom must be appointed by the Minister.

(2)  The Minister may appoint the Chief Executive to be a member of the Board.

Chairperson may delegate functions

6.  The Chairperson may in writing authorise any member to exercise any power or perform any function conferred on the Chairperson by or under this Act.

Term of office of members

7.—(1)  A member of the Board (including the Chairperson) holds office on such conditions and for such term, not exceeding 3 years, as the Minister specifies in the appointment, and may be re‑appointed.

(2)  Any member of the Board may resign from his or her office at any time by giving at least one month’s notice in writing to the Minister.

(3)  The Minister may at any time revoke the appointment of any member as the Minister considers necessary in the interest of the effective performance of the functions of the Board under this Act, or in the public interest.

(4)  If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the remainder of the term for which the vacating member was appointed.

(5)  The Board is to pay to the Chairperson and other members of the Board, out of the funds of the Board, such salaries, fees and allowances as the Minister may determine.

Temporary Chairperson

8.  If the Chairperson is absent from Singapore, or for any other reason unable to discharge his or her functions, the Minister may appoint one of the members to act as a temporary Chairperson.

Meetings and proceedings of Board

9.—(1)  At all meetings of the Board, 5 members form a quorum.

(2)  The Chairperson presides at all meetings of the Board and, in his or her absence, the members present must elect one of their number to preside.

(3)  Meetings of the Board must be held at such times and places as the Chairperson may determine.

(4)  All questions arising at any meeting must be decided by a majority of votes of the members present and voting.

(5)  At any meeting of the Board, the Chairperson or, in his or her absence, the member presiding at the meeting has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote.

(6)  The validity of any proceedings of the Board is not affected by any vacancy among its members or by any defect in the appointment of any member.

(7)  Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may regulate its own proceedings.

[5/2018]

10.  [Repealed by Act 5 of 2018]

PART 3

FUNCTIONS, OBJECTS, DUTIES AND POWERS OF BOARD

Functions, objects and duties of Board

11.—(1)  Subject to the provisions of this Act, the functions, objects and duties of the Board are —

(a) to advise the Government, either of its own motion or upon request made to it by the Minister, on all matters connected with the promotion of good health and healthy lifestyles among the people of Singapore, including the formulation of policies, the creation of conditions and the provision of public facilities that are conducive to the promotion of good health and healthy lifestyles among the people of Singapore;

(b) to devise, organise and implement —

(i) programmes and other activities for or related to the promotion of good health and healthy lifestyles among the people of Singapore;

(ii) health education programmes; and

(iii) programmes and other activities for or related to the prevention or detection of diseases;

(c) to collaborate with any organisation to devise, organise and implement, or to provide support or assistance to any organisation in devising, organising and implementing, any of the programmes or activities mentioned in paragraph (b);

(d) to monitor and conduct investigations and research into any matter relating to the health and nutritional statuses of the people of Singapore;

(e) to encourage and facilitate healthier food choices in Singapore;

(f) to determine, establish and recommend —

(i) nutritional standards and dietary guidelines; and

(ii) guidelines for the provision of nutritional information;

(g) to provide healthcare services (including medical, dental, health-screening and immunisation services) to school children and such other persons or class of persons as the Board thinks fit;

(h) to provide consultancy services to Government departments, members of the healthcare industry and the private sector on matters relating to health education, the preservation and promotion of health, healthy lifestyles and healthy dietary practices and the prevention and detection of diseases;

(i) to represent the Government internationally on matters related to or connected with health education, the preservation and promotion of health and the prevention and detection of diseases; and

(j) to carry out any other functions that are imposed upon the Board by or under this Act or any other written law.

[11/2019]

(2)  The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.

[5/2018]

(3)  Nothing in this section is to be construed as imposing on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.

Powers of Board

12.  The Board has power to do anything for the purpose of discharging its functions, objects and duties under this Act, or which is incidental or conducive to the discharge of those functions, objects or duties and, in particular, may —

(a) enter into any contracts that may be necessary or expedient for the purpose of discharging its functions, objects or duties;

(b) with the approval of the Minister, acquire and hold such movable or immovable property as may be necessary or expedient for carrying into effect the provisions of this Act and for the same purposes may sell, lease, mortgage, or otherwise alienate or dispose of any property so acquired;

(c) with the approval of the Minister, form or participate in the formation of any company, partnership or joint venture as a shareholder or partner or in any other capacity and to share profits;

(d) organise such courses and other programmes as the Board thinks necessary or desirable for the discharge of its functions, objects or duties;

(e) collect, analyse, compile, publish or disseminate information of a statistical nature relating to —

(i) the health or nutritional statuses of the people of Singapore; or

(ii) any other subject matter that may be necessary for the discharge of the functions, objects or duties of the Board;

(f) provide technical, consultancy or advisory services to any Government agency or to any other person or body in Singapore or elsewhere on any matter related to or connected with the functions, objects or duties of the Board;

(g) become a member or affiliate of any international body the functions, objects or duties of which are similar to those of the Board;

(h) charge fees or commissions for services rendered by the Board or for the use of any of its facilities;

(i) carry out promotional or publicity activities in any form;

(j) receive donations, grants, gifts, subsidies or contributions from any source, and raise funds by all lawful means;

(k) publish or sponsor the publication of works concerning the preservation and promotion of good health, health education or any other matter related to the functions, objects or duties of the Board;

(l) grant loans to officers or employees of the Board for any purposes specifically approved by the Board as are likely to increase the efficiency of its officers or employees;

(m) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers or employees of the Board and members of their families; and

(n) provide training for employees of the Board and to award scholarships or otherwise pay for such training.

Committees

13.—(1)  The Board may appoint committees consisting of one or more persons (whether members of the Board or not) and define or vary the terms of reference of those committees.

(2)  Subject to this Act and the Public Sector (Governance) Act 2018 and to the control of the Board, each committee appointed under this section may regulate its procedure in such manner as the committee thinks fit.

[5/2018]

Delegation of powers

14.—(1)  The Board may, in respect of a specified matter or class of matters, by writing, delegate any of its powers to a member, officer or committee of the Board.

(2)  Every member, officer or committee purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

PART 4

PROVISIONS RELATING TO STAFF

Chief Executive, officers and employees, etc.

15.—(1)  There must be a Chief Executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.

[5/2018]

(2)  The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —

(a) is absent from duty or Singapore; or

(b) is, for any reason, unable to perform the duties of the office.

[5/2018]

(3)  The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.

[5/2018]

Protection from personal liability

16.—(1)  No suit or other legal proceedings shall lie personally against any member, officer or employee of the Board or other person acting under the direction of the Board for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law.

(2)  Where the Board provides a service to the public by which information is supplied to the public, neither the Board nor any of its employees involved in the supply of the information shall be liable for any loss or damage suffered by any member of the public by reason of any error or omission of whatever nature appearing in the information or however caused if made in good faith and in the ordinary course of the discharge of the duties of such employees.

17.  [Repealed by Act 5 of 2018]