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Evidence Act

(Chapter 97, Section 35(5))

Evidence (Computer Output) Regulations

Rg 1

G.N. No. S 93/1996

REVISED EDITION 1997

(8th March 1996)

[8th March 1996]

Citation

1. These Regulations may be cited as the Evidence (Computer Output) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“approved process” means a process that has been approved in accordance with these Regulations by a certifying authority;

“certification” means the process of ensuring that a process constitutes an approved process for document reproduction in accordance with the compliance criteria;

“certifying authority” means a person or an organisation appointed by the Minister to be a certifying authority in accordance with these Regulations;

“compliance criteria” means the criteria set out in the First Schedule that a process has to comply with before it can be certified as an approved process;

“image” means a representation of a document generated by photographic, electronic or other means, which is stored in the image system;

“image system” means any computer system that is capable of capturing, storing and retrieving images or generating image system output;

“image system output” means a computer output from an image system;

“process” includes a computer system.

Appointment of certifying authority

3. Any person or organisation may apply to the Minister to be appointed as a certifying authority in the manner provided in these Regulations.

Auditor-General deemed to be certifying authority

4. The Auditor-General shall be deemed to have been appointed as a certifying authority.

Manner of application

5. Every application for appointment as a certifying authority shall be made in such form as the Minister may determine and shall be submitted together with such documents and information as may be required on the form.

Fees

6. The fees prescribed in the Third Schedule shall be payable for every application made under these Regulations.

Further documents or information

7. The Minister may require each applicant to furnish such further documents or information as he may require.

Consultation

8. The Minister may, in considering an application for appointment as a certifying authority, consult the National Computer Board and such other persons or organisations as he may think necessary.

Duties of certifying authority

9. A certifying authority shall comply with —

(a)	such terms and conditions as may be imposed at any time by the Minister;
(b)	the provisions of these Regulations;
(c)	any Code of Practice issued by the Minister; and
(d)	such minimum financial and organisational requirements as to ensure continuity of service.

Compliance criteria

10.—(1) A certifying authority may certify an image system or part thereof as an approved process for the purposes of section 35 of the Act if it is satisfied that the system is in compliance with the compliance criteria set out in Part I of the First Schedule.

(2) If a process of the Government or any statutory corporation is specified in the Second Schedule, the process shall comply with such additional criteria as may be specified in Part II of the First Schedule before the process can be certified as an approved process.

Certification

11. A certifying authority shall ensure that, in certifying any process, it complies with the following:

(a)	the authority shall be independent of the person or organisation seeking certification and the vendors of the image system;
(b)	the authority shall not be the vendor or be connected with the vendors of any hardware or software in competition with that to be certified;
(c)	the authority shall have a sufficient number of professionals with adequate experience and qualifications in the implementation and evaluation of computer systems including image systems;
(d)	the authority shall carry out its duties independently and without fear or favour;
(e)	the authority shall ensure that the procedures in checking for compliance have been properly carried out and meticulously documented;
(f)	the authority shall comply with such other directions as the Minister may issue in writing in relation to the procedures for ensuring compliance; and
(g)	the authority shall keep proper records and reports of the certification process.

Frequency of certification

12. The initial certification of an approved process shall be carried out once every year for the first 3 years and thereafter once in every 2 years.

Period of appointment of certifying authority

13. A certifying authority shall be appointed for a period of 3 years at one time and it may thereafter apply for reappointment for subsequent periods of 3 years upon payment of the prescribed fee.

Revocation of appointment

14.—(1) The appointment of a certifying authority may be revoked or the renewal thereof refused if the certifying authority —

(a)	is in breach of any provision of these Regulations or any Code of Practice issued by the Minister;
(b)	is in breach of any condition imposed by the Minister;
(c)	or any person employed by the authority for the purposes of the authority’s business has been convicted of an offence the conviction for which involved a finding that the authority or any of its employees acted fraudulently or dishonestly;
(d)	becomes an undischarged bankrupt or has made a composition or an arrangement with the authority’s creditors;
(e)	is in the course of being wound up or liquidated or has entered into a compromise or scheme of arrangement with its creditors;
(f)	has a receiver or a receiver and manager appointed to the authority;
(g)	does not have sufficient persons with the qualifications and experience to perform the duties in connection with the certification for an approved process; or
(h)	is guilty of improper conduct or has brought discredit to the method of certification of an approved process.

(2) If the appointment of a certifying authority is revoked or terminated, the authority shall forthwith submit to the Minister all certificates, records and reports of the certification process.

Delegation of powers

15. Any duty or power conferred upon the Minister by these Regulations, except the power to appoint a certifying authority, may be exercised by such person as the Minister may in writing authorise.