Statute Details
- Title: Massage Establishments (Exemption) Order 2018
- Act Code: MEA2017-OR1
- Type: Subsidiary legislation (SL)
- Current status: Current version (as at 27 Mar 2026)
- Authorising / enabling provision: Massage Establishments Act 2017 (Section 32)
- Commencement: 1 March 2018 (as indicated by the legislative timeline)
- Key provisions (from extract):
- Section 2: Exempts specified “healthcare premises” providing defined healthcare services under a licence under the Healthcare Services Act 2020.
- Section 3: Exempts premises where massage is received or administered only by specified categories of registered/credentialed professionals.
- Sections 4–5: Exempt massage limited to head/scalp, or limited to customers below 12 years of age.
- Section 6: Exempts premises where massage is provided in full public view, subject to detailed conditions and a notification requirement.
- Notable amendments (timeline shown in extract): SL 97/2018; S 310/2018; S 205/2020; S 817/2023; S 95/2026 (effective 09/03/2026); 2025 Revised Edition (2 June 2025).
What Is This Legislation About?
The Massage Establishments (Exemption) Order 2018 (“Exemption Order”) is a Singapore subsidiary legislation made under the Massage Establishments Act 2017. In practical terms, it identifies certain categories of premises and massage arrangements that are exempt from the requirements of the Massage Establishments Act 2017. The effect is that, for those exempt scenarios, the regulatory controls that would otherwise apply to massage establishments do not apply.
The Exemption Order is designed to draw a line between (i) massage activities that are treated as part of regulated healthcare services or delivered by appropriately qualified professionals, and (ii) massage activities that resemble ordinary massage establishment operations requiring licensing and compliance under the Act. It also creates a specific “public view” pathway, allowing massage to be provided without falling within the Act—provided strict visibility and operational safeguards are met.
For practitioners, the Exemption Order is best understood as a set of statutory carve-outs. It does not repeal the Massage Establishments Act; instead, it specifies when the Act’s provisions are disapplied. The key legal work is therefore to determine whether a given premises and mode of massage delivery fits squarely within one of the exemption categories in Sections 2 to 6.
What Are the Key Provisions?
Section 2: Exemption for healthcare premises providing specified healthcare services. Section 2(1) exempts any “approved permanent premises” (or premises other than permanent premises) used to provide certain healthcare services under a licence granted under the Healthcare Services Act 2020. The exempt services are listed as: an acute hospital service, an ambulatory surgical centre service, a clinical laboratory service, a community hospital service, a nursing home service, an outpatient dental service, and an outpatient medical service.
Section 2(2) is important for interpretation. It incorporates definitions by reference: the healthcare service terms are defined in the First Schedule to the Healthcare Services Act 2020, and the concepts of “approved permanent premises” and “permanent premises” are defined in section 2(1) of that Act. Practically, this means that whether a premises is “approved” and whether it qualifies as “permanent” is not decided under the Massage Establishments Act framework, but by the Healthcare Services Act licensing and definitional regime.
Section 3: Exemption where massage is administered only by specified credentialed persons. Section 3 exempts premises used (or represented as being used, or intended to be used) for the reception or treatment of individuals seeking massage, provided massage is administered only by one of three categories of individuals:
- Traditional Chinese Medicine (TCM) practitioners registered under section 14 of the Traditional Chinese Medicine Practitioners Act 2000, with an in-force practising certificate under section 17 of that Act;
- Allied health professionals holding a certificate of registration under section 22 of the Allied Health Professions Act 2011, with an in-force practising certificate under section 23; and
- Registered medical practitioners under the Medical Registration Act 1997, with an in-force practising certificate under section 36.
Two legal points matter. First, the exemption is limited to massage administered only by the specified individuals. If other staff administer massage, or if the premises is set up such that massage could be administered by non-qualifying persons, the exemption is at risk. Second, the provision covers not only actual use but also premises “represented” or “intended” for such reception or treatment. This broad language is significant for compliance and enforcement: marketing materials, signage, and representations to the public can be relevant to whether the exemption applies.
Section 4: Exemption for massage limited to head or scalp. Section 4 provides a straightforward exemption: any premises where massage is administered only to an individual’s head or scalp is exempt from the Act. This is a narrow carve-out. If massage extends beyond head/scalp (for example, neck, shoulders, back, or full-body massage), the exemption would not apply.
Section 5: Exemption for massage limited to customers below 12 years of age. Section 5 exempts premises where massage is administered only to individuals below 12 years of age. Again, the “only” limitation is critical. The exemption is not a general youth discount; it is a structural limitation on the customer category served. In practice, operators may need to ensure age verification and operational controls to prevent massage being provided to customers aged 12 and above.
Section 6: Exemption for massage provided in full public view (with conditions and notification). Section 6 is the most operationally complex exemption. Under Section 6(1), premises are exempt if all the listed conditions are satisfied, subject to Section 6(2)–(4).
The conditions include:
- Full visibility: any customer and any member of the public can see at any time the massage services provided in every part of the premises from inside and outside;
- No obscuration: no window and no entrance is obscured by devices/accessories such as tinted glass, curtains, blinds, or posters/notices;
- No private spaces: there are no rooms, partitions, cubicles, or other furniture that allow massage to be administered in private;
- Time limits: massage is provided only between 7 a.m. and 10.30 p.m. (both inclusive), or any extended period that the Licensing Officer may allow in a particular case;
- Notification: the business operator notifies the Licensing Officer of the name and address of the establishment before starting the business.
Section 6(2) governs the Licensing Officer’s discretion to allow an extended period beyond 10.30 p.m. The Licensing Officer must consider whether the operator has (a) been convicted of offences under the Act or the repealed Massage Establishments Act (Cap. 173, 2013 Rev Ed) as in force immediately before 1 March 2018; (b) had offences compounded under the Massage Establishments (Composition of Offences) Rules 2018; and (c) had offences compounded under the revoked Massage Establishments (Composition of Offences) Rules 2005 (as in force immediately before 1 March 2018). The Licensing Officer must also consider whether carrying on the business is likely to cause annoyance or inconvenience to the public or any class of the public.
Section 6(3) specifies how notification must be made: using the electronic application service at https://www.gobusiness.gov.sg/... (as stated in the extract) for “notification to police of exempted massage establishment”. If the electronic service is not operating, notification must be in a form the Licensing Officer may require. Section 6(4) provides that the Licensing Officer may disregard any notification not made according to the paragraph. This creates a compliance risk: operators should ensure that notification is properly submitted in the required manner and within time.
How Is This Legislation Structured?
The Exemption Order is structured as a short instrument with a citation provision and a sequence of substantive exemption sections. Based on the extract and the listed provisions, it includes:
- Citation (Section 1): confirms the short title.
- Exemption categories (Sections 2–6):
- Section 2: healthcare premises providing specified healthcare services under the Healthcare Services Act 2020;
- Section 3: premises where massage is administered only by specified registered/credentialed professionals;
- Section 4: head/scalp-only massage;
- Section 5: massage for customers below 12 years of age only;
- Section 6: massage in full public view, with visibility, layout, time, and notification requirements.
Notably, the instrument is not organised into “Parts” in the extract (metadata indicates Parts: N/A). Instead, it uses numbered sections that each create a distinct exemption pathway.
Who Does This Legislation Apply To?
The Exemption Order applies to massage establishments and premises that would otherwise fall within the scope of the Massage Establishments Act 2017. Its function is to determine when the Act’s provisions do not apply. Therefore, it is relevant to operators, premises owners, compliance officers, and legal advisers assessing whether a particular business model requires licensing or other Act-based compliance.
In terms of practical scope, the exemptions are directed at different actors: healthcare facilities licensed under the Healthcare Services Act 2020 (Section 2), premises where massage is administered by specified categories of regulated professionals (Section 3), and operators of massage premises that meet narrow operational constraints (Sections 4–6). The “represented as being used” and “intended to be used” language in Section 3 also means that representations to the public and business set-up can be legally relevant, even before actual massage services commence.
Why Is This Legislation Important?
For practitioners, the Exemption Order is important because it can be the difference between a business being treated as a regulated “massage establishment” under the Massage Establishments Act 2017 versus being outside the Act entirely. This affects licensing obligations, compliance costs, enforcement exposure, and the legal risk profile of the premises.
From an enforcement perspective, Section 6 is particularly significant. It sets out a detailed “public view” test that is both objective (visibility from inside/outside; no obscured windows; no private rooms/partitions) and procedural (notification to the Licensing Officer in the required manner before commencing business). Operators who rely on the public view exemption must ensure that premises layout and operational practices remain compliant at all times.
Finally, the professional-credential exemption in Section 3 is a common compliance battleground. Because the exemption is limited to massage administered only by specified categories of individuals with in-force practising certificates, legal advisers should verify practising certificate status, confirm that only qualifying persons provide massage, and review staffing arrangements and service descriptions to ensure they do not inadvertently fall outside the exemption.
Related Legislation
- Massage Establishments Act 2017 (notably section 32, the enabling provision)
- Healthcare Services Act 2020 (definitions and licensing framework referenced in Section 2)
- Allied Health Professions Act 2011 (registration and practising certificate requirements referenced in Section 3)
- Traditional Chinese Medicine Practitioners Act 2000 (registration and practising certificate requirements referenced in Section 3)
- Medical Registration Act 1997 (registration and practising certificate requirements referenced in Section 3)
- Massage Establishments (Composition of Offences) Rules 2018 (referenced in Section 6(2) for the Licensing Officer’s considerations)
- Massage Establishments (Exemption) Order 2018 amendments (e.g., S 95/2026; S 817/2023; S 205/2020; S 310/2018)
Source Documents
This article provides an overview of the Massage Establishments (Exemption) Order 2018 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.