Compliance with Regulations
17.—(1)  Subject to paragraph (5), where a licensee becomes aware of any advertisement of the licensable healthcare service provided by the licensee which contravenes any provision of these Regulations (called in this regulation the non‑compliant advertisement), the licensee must take all reasonable steps to procure the rectification or withdrawal of the non‑compliant advertisement and to prevent its recurrence.
(2)  Without affecting paragraph (1), where a non‑compliant advertisement of the licensable healthcare service provided by a licensee is published or caused to be published by an authorised person or authorised publisher, the licensee must, as soon as the licensee becomes aware of the non‑compliant advertisement —
(a)inform the authorised person or authorised publisher that the advertisement is a non‑compliant advertisement; and
(b)take all reasonable steps to ensure that —
(i)the authorised person (who is not an authorised publisher) rectifies or withdraws the non‑compliant advertisement and prevents its recurrence; or
(ii)the authorised publisher withdraws the non‑compliant advertisement and prevents its recurrence.
(3)  An authorised person (who is not an authorised publisher) who is informed by a licensee under paragraph (2)(a) that an advertisement is a non‑compliant advertisement must —
(a)take all reasonable steps to rectify or withdraw the non‑compliant advertisement; and
(b)inform the licensee of the steps the authorised person has taken under sub‑paragraph (a).
(4)  An authorised publisher who is informed by a licensee under paragraph (2)(a) that an advertisement is a non‑compliant advertisement must —
(a)take all reasonable steps to withdraw the non‑compliant advertisement; and
(b)inform the licensee of the steps the authorised publisher has taken under sub‑paragraph (a).
(5)  Paragraphs (1) and (2) do not apply to the licensee if —
(a)where the non‑compliant advertisement is rectified or withdrawn by the authorised person (who is not an authorised publisher), the licensee —
(i)is informed by the authorised person of the rectification or withdrawal (as the case may be) and the steps taken by the authorised person in relation to the rectification or withdrawal, as the case may be; and
(ii)verifies that the authorised person has rectified or withdrawn the non‑compliant advertisement; or
(b)where the non-compliant advertisement is withdrawn by the authorised publisher, the licensee —
(i)is informed by the authorised publisher of the withdrawal and the steps taken by the authorised publisher in relation to the withdrawal; and
(ii)verifies that the authorised publisher has withdrawn the non‑compliant advertisement.
(6)  Subject to paragraph (7), where an authorised person (who is not an authorised publisher) of a licensee becomes aware of any non‑compliant advertisement of the licensable healthcare service provided by the licensee, the authorised person must take all reasonable steps to procure the rectification or withdrawal of the non‑compliant advertisement and to prevent its recurrence.
(7)  Paragraph (6) does not apply if the authorised person is informed by the licensee that the licensee has rectified or withdrawn, or caused the rectification or withdrawal of, the non‑compliant advertisement.
(8)  Where it appears to the Director-General that an advertisement is a non‑compliant advertisement, the Director-General may, after making due inquiry into the matter —
(a)order the licensee or authorised person (who is not an authorised publisher) concerned to alter, withdraw, remove or discontinue that advertisement or cause that advertisement to be altered, withdrawn, removed or discontinued; or
(b)order the authorised publisher who published or caused the publication of the non‑compliant advertisement to withdraw that advertisement or cause that advertisement to be withdrawn.
[S 404/2023 wef 26/06/2023]