Housing and Development (Common Property and Open Spaces) (Amendment No. 2) Rules 2000

Status:

Published in Subsidiary Legislation Supplement
on 01 Dec 2000

No. S 549

Housing and Development Act

(Chapter 129)

Housing and Development (Common Property and Open Spaces) (Amendment No.2) Rules 2000

In exercise of the powers conferred by section 27(1) of the Housing and Development Act, the Housing and Development Board, with the approval of the Minister for National Development, hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Housing and Development (Common Property and Open Spaces) (Amendment No.2) Rules 2000 and shall come into operation on 1st December 2000.

Deletion of rules 3A and 4 and substitution of rule 4

2. The Housing and Development (Common Property and Open Spaces) Rules (R 3) are amended by deleting rules 3A and 4 and substituting the following rule:

“Power to detain and remove vehicles

4.—(1) Where a vehicle is parked on any common property or in any open space in contravention of any of the provisions of these Rules, or appears to have been abandoned on any common property or in any open space, any officer authorised by the Board (referred to in this rule as an authorised officer) may, in his discretion —

(a)	remove the vehicle to a place of safety or any other place and detain it thereat; or
(b)	prevent the removal of the vehicle without his consent by fixing an immobilisation device to the vehicle.

(2) Where any authorised officer has removed any vehicle to a place of safety or any other place under paragraph (1)(a) or fixed an immobilisation device to the vehicle under paragraph (1)(b), he shall, with reasonable despatch, give notice in writing to the owner of the vehicle as to the procedure by which the owner may secure the release of the vehicle, and such notice shall be served on the owner of the vehicle —

(a)	in the case where the vehicle has been removed to a place of safety or any other place, in accordance with the Act or where this is not possible, by posting it on any notice board maintained by the relevant Town Council that is nearest the part of the common property or open space where the vehicle was parked or found; or
(b)	in the case where an immobilisation device has been fixed to the vehicle, by affixing the notice onto the windscreen or any conspicuous part of the vehicle.

(3) No vehicle which has been removed and detained by an authorised officer under paragraph (1)(a) or to which an immobilisation device has been fixed under paragraph (1)(b) shall be released to the owner of the vehicle except —

(a)	by or under the direction of an authorised officer; and
(b)	upon the owner of the vehicle having paid all expenses incurred by the Board, and such other charges as may be imposed under these Rules.

(4) Any person who, without the authority of an authorised officer, removes or tampers with any notice affixed to a vehicle under paragraph (2)(b) shall be guilty of an offence.

(5) Any person who, without being authorised to do so in accordance with this rule, removes or attempts to remove —

(a)	any vehicle from any place at which it is being detained under paragraph (1)(a); or
(b)	an immobilisation device fixed to a vehicle under paragraph (1)(b),

shall be guilty of an offence.

(6) Where any vehicle which has been removed and detained by an authorised officer under paragraph (1)(a) or to which an immobilisation device has been fixed under paragraph (1)(b) is not claimed by the owner within one month of the date of its detention or immobilisation, an authorised officer may, after giving one month’s notice in the Gazette of his intention to do so, sell the vehicle by public auction or otherwise dispose of it in any manner as he thinks fit.

(7) Where a vehicle has been sold or otherwise disposed of under paragraph (6), the proceeds of the sale or disposal of the vehicle shall be applied —

(a)	firstly in payment of any expenses incurred in carrying out the provisions of this rule; and
(b)	thereafter in payment of all charges and fines payable under these Rules and the surplus, if any, shall be paid to the owner of the vehicle.

(8) In this rule, “immobilisation device” means any device or appliance designed or adapted to be fixed to any part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion, being a device or appliance of such type approved by an authorised officer.”.

[G.N. No. S 398/2000]

Made this 20th day of November 2000.

NGIAM TONG DOW

Chairman,
Housing and Development Board,
Singapore.

[440-12-01-0036; AG/LEG/SL/129/97/1 Vol. 1]

(To be presented to Parliament under section 27(3) of the Housing and Development Act).

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