Social Residential Homes Act 2025

REPUBLIC OF SINGAPORE GOVERNMENT GAZETTE ACTS SUPPLEMENT Published by Authority NO. 16] Thursday, April 17 [2025 The following Act was passed by Parliament on 8 April 2025 and assented to by the President on 14 April 2025:— Social Residential Homes Act 2025 (No. 14 of 2025) I assent. THARMAN SHANMUGARATNAM, President. 14 April 2025. Date of Commencement: 1 July 2026 An Act to provide for the regulation of social residential homes and other connected or incidental matters, to repeal the Homes for the Aged Act 1988, and to make consequential and related amendments to certain other Acts. Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: PART 1 PRELIMINARY Short title and commencement 1. This Act is the Social Residential Homes Act 2025 and comes into operation on a date that the Minister appoints by notification in the Gazette. General interpretation 2.—(1) In this Act — “approved individual” means an individual whose — (a) appointment as a key appointment holder of a licensee; (b) appointment as the person‑in‑charge of a licensable SRH; or (c) deployment to carry out a prescribed duty or a duty belonging to a prescribed class of duties in relation to — (i) the operation of a licensable SRH; or (ii) the management of the residents of a licensable SRH, is approved under section 21; “authorised officer”, in relation to any provision of this Act, means a public officer who is appointed under section 51 as an authorised officer; “biopsychosocial intervention” means any measure that is taken in respect of an individual to provide the individual with assistance to improve the quality of the individual’s life, including, but not limited to — (a) behavioural modification therapy which seeks to modify any behaviour of the individual which may have a negative effect on the individual’s health; (b) counselling on matters including, but not limited to, the emotions, family, financial state and career of the individual; (c) occupational therapy; (d) physical therapy; and (e) psychological therapy; “broadcast” means the broadcast of sounds or visual images — (a) by wireless telegraphy or by means of a high frequency distribution system over wire or other paths provided by a material substance, and intended for general reception; (b) through the Internet or any website, web service or Internet application, whether or not intended for general reception; or (c) through any messaging system; “code of practice” means a code of practice issued or approved under section 24, and includes any code of practice as amended under that section; “compliance officer” means an individual who is appointed under section 52 as a compliance officer; “corporation” means a body corporate formed or incorporated or existing in or outside Singapore, and includes any foreign company within the meaning of the Companies Act 1967; “director” has the meaning given by section 4(1) of the Companies Act 1967; “Director‑General” means the Director‑General of Social Welfare and includes any person who is, for the time being, discharging the duties of the Director‑General of Social Welfare; “grant” or “granted”, for a licence, includes — (a) grant or granted on renewal; or (b) treated as granted under the Fourth or Fifth Schedule or any other provision of this Act; “inspecting officer” means the Director‑General or an authorised officer; “key appointment holder”, in relation to an applicant for a licence or a licensee, means — (a) in the case of a corporation or limited liability partnership — (i) a member of the board of directors or committee or board of trustees or other governing board of the applicant or licensee, as the case may be; or (ii) any other individual, by whatever name called, who has general management or supervision of the applicant’s or licensee’s business of the licensable SRH to which the application or licence (as the case may be) relates; (b) in the case of a partnership or limited partnership — (i) a partner of the applicant or licensee, as the case may be; or (ii) any other individual, by whatever name called, who has general management or supervision of the applicant’s or licensee’s business of the licensable SRH to which the application or licence (as the case may be) relates; (c) in the case of a sole proprietorship — (i) the sole proprietor of the applicant or licensee, as the case may be; or (ii) any other individual, by whatever name called, who has general management or supervision of the applicant’s or licensee’s business of the licensable SRH to which the application or licence (as the case may be) relates; or (d) in any other case — any individual, by whatever name called, who has general management or supervision of the applicant’s or licensee’s business of the licensable SRH to which the application or licence (as the case may be) relates; “licence” means a licence that is granted under this Act and is in force; “licensable social residential home” or “licensable SRH” means a social residential home specified in the First Schedule; “licensee” means a person to whom a licence is granted under this Act; “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “messaging system” means any system that enables the transmission of short text messages, or of any visual communication, voice communication or electronic mail — (a) from a digital mobile telephone to another digital mobile telephone; (b) from an electronic mail address to a digital mobile telephone, or the other way around; (c) from an electronic mail address to another electronic mail address; or (d) in any other manner that may be prescribed; “modification” or “modify”, in relation to the conditions of a licence or the conditions of an approval granted under section 21, includes deleting, varying and substituting a condition, and adding a condition; “operate”, in relation to any premises, means to manage and maintain, in the course of business (whether or not for profit) the premises (whether self‑owned or under lease) as a licensable SRH; “partner”, in relation to a limited partnership, includes a limited partner in the limited partnership; “person‑in‑charge”, in relation to a licensable SRH to which a licensee’s licence relates, means an individual who — (a) is involved in the day‑to‑day management of the operation of the licensable SRH but not the general management or supervision of the licensee’s business of the licensable SRH; (b) has the capacity, on behalf of the licensee, to influence the compliance of the licensee’s employees with the requirements under this Act; (c) has access to, and is authorised to provide, any information relating to the licensee and the operation of the licensable SRH that is required by or under this Act; and (d) is authorised to represent the licensee for the purposes of this Act in the operation of the licensable SRH; “premises” means a building or structure (whether permanent or temporary) or part of the building or structure, and includes any immediately adjoining space or land necessary for access to, or the enjoyment of occupants of, the building or structure; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function, but excludes a Town Council established under section 4 of the Town Councils Act 1988; “publish”, in relation to any information or picture, means to bring the information or picture to the notice of the public or a section of the public by any means, including through — (a) the Internet or any website, web service or Internet application; or (b) any messaging system; “regulations” means any regulations made under section 61; “regulatory action” means — (a) any action that may be taken by the Director‑General under Division 1 of Part 7 against a licensee; or (b) any action that may be taken by the Director‑General under Division 2 of Part 7 in respect of an approval granted under section 21, as the case may be; “relevant licensed SRH” has the meaning given by section 38(1); “social residential home” or “SRH” means any premises that are used, or intended to be used, to provide residential accommodation and any one or more of the following to individuals, with or without board: (a) care; (b) biopsychosocial intervention; (c) support to carry out daily activities; “step‑in operator” means a person that is appointed under section 27(4) to take over the operations, or a specified part of the operations, of a licensee; “support to carry out daily activities”, in relation to an individual, means any supervision or assistance that is provided to the individual who is unable to take care of himself or herself (whether partially or completely) in carrying out the individual’s daily activities, including, but not limited to — (a) bathing or dressing the individual; (b) enabling the individual to meet the individual’s toileting needs; and (c) if the individual has any mobility issue, assisting the individual to move or walk from one place to another place; “unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose. (2) In reckoning the age of a person for the purposes of this Act — (a) the person is taken to have attained a particular age expressed in years on the relevant anniversary of the person’s birth; (b) a reference to the anniversary of the person’s birth in paragraph (a) is a reference to the day on which the anniversary occurs; and (c) where a person was born on 29 February in any year, then, in any subsequent year that is not a leap year, the anniversary of the person’s birth is taken to be 28 February in that subsequent year. (3) For the purposes of this Act, a person (A) deploys an individual (B) to carry out a duty if B — (a) is in the direct employment of, or carrying out that duty for or by arrangement with, A; and (b) is authorised to perform that duty for and on behalf of A. (4) For the purposes of this Act — (a) a licensee is not regarded as being granted a licence to operate a licensable SRH during the period the licensee’s licence is suspended under section 30(2)(b) or 32(2)(a)(i); and (b) a licensee and an approved individual to or for whom approval is granted under section 21 for the licensee to — (i) appoint the approved individual as a key appointment holder of the licensee; (ii) appoint the approved individual as the person‑in‑charge of the licensable SRH to which the licensee’s licence relates; or (iii) deploy the approved individual to carry out a prescribed duty or a duty belonging to a prescribed class of duties in relation to — (A) the operation of the licensable SRH to which the licensee’s licence relates; or (B) the management of the residents of that licensable SRH, are not regarded as being granted approval during the period the approval is suspended under section 33(2)(b) or 35(2)(a). Suitability assessment 3.—(1) For the purposes of assessing — (a) whether an applicant for a licence, an intended transferee or a licensee is a suitable person to operate a licensable SRH for the purposes of sections 8(2)(a), 13(3), 15(5) and 30(1)(d); (b) whether — (i) a key appointment holder or an intended key appointment holder of an applicant for a licence; (ii) a key appointment holder or an intended key appointment holder of an intended transferee; or (iii) a key appointment holder of a licensee, is a suitable individual to be involved in the operation of a licensable SRH for the purposes of sections 8(2)(a), 13(3), 15(5) and 30(1)(d); (c) whether an individual is a suitable individual to be appointed as a key appointment holder of a licensee for the purposes of sections 21(2) and 33(1)(f); (d) whether an individual is a suitable individual to be appointed as the person‑in‑charge of a licensable SRH for the purposes of sections 21(2) and 33(1)(f); and (e) whether an individual is a suitable individual to be deployed to carry out a duty mentioned in section 19(1) for the purposes of sections 21(2) and 33(1)(f), the Director‑General must have regard, and give any weight that the Director‑General considers appropriate, to any matters that may be prescribed. (2) For the purposes of subsection (1), different matters may be prescribed for the assessments mentioned in subsection (1)(a) to (e), respectively. (3) For the purposes of subsection (1), an inspecting officer may — (a) carry out any inquiry or investigation that the Director‑General considers necessary for a proper consideration of the prescribed matters; and (b) request the applicant for a licence, intended transferee, licensee or individual concerned to provide, within a specified period, any information that the Director‑General requires for a proper consideration of the prescribed matters. (4) Despite any other law, the Commissioner of Police or a law enforcement agency may, on the request of the Director‑General, provide a report in respect of any one or more of the prescribed matters for the purposes of a suitability assessment under this Act. (5) To avoid doubt, for the purpose of assessing the suitability of a person under this section, the Director‑General is not confined to consideration of the prescribed matters mentioned in subsection (1), and may take into account any other matters and evidence that may be relevant. (6) In this section — “intended transferee” means an intended transferee mentioned in section 13 or a suitable person to whom a licence is to be transferred under section 15(5); “law enforcement agency” means — (a) the Singapore Police Force; (b) the Central Narcotics Bureau; (c) the Corrupt Practices Investigation Bureau; or (d) any other authority or person charged with the duty of investigating offences or charging offenders under any written law and designated by the Minister for the purposes of this definition. Purposes of Act 4. The purposes of this Act are to regulate the operation of licensable SRHs, so as to ensure — (a) the safety, welfare and wellbeing of residents of the licensable SRHs; and (b) continuity of the provision of — (i) residential accommodation; and (ii) care, biopsychosocial intervention or support to carry out daily activities, to residents of the licensable SRHs. Application of Act 5. This Act does not apply to, or in relation to, a social residential home operated by the Government.