Statute Details
- Title: Mental Capacity (Exemption from Registration as Professional Deputy) Order 2018
- Act Code: MCA2008-S528-2018
- Legislation Type: Subsidiary legislation (Order)
- Authorising Act: Mental Capacity Act (Chapter 177A)
- Enacting Formula / Power: Made under section 43B of the Mental Capacity Act
- Citation and commencement: Comes into operation on 1 September 2018
- Legislation Number: SL 528/2018
- Maker: Permanent Secretary, Ministry of Social and Family Development (Chew Hock Yong)
- Key Provisions: Sections 1–4 (Citation/commencement; definition; application; exemption)
- Status (as provided): Current version as at 27 March 2026
What Is This Legislation About?
The Mental Capacity (Exemption from Registration as Professional Deputy) Order 2018 (“the Order”) is a targeted regulatory instrument under Singapore’s Mental Capacity Act (Chapter 177A). In plain terms, it creates a narrow exemption from a specific registration requirement: the requirement for certain individuals to register as “professional deputies”.
The Order matters because the Mental Capacity Act introduced (or expanded) a framework for decision-making support for persons who lack mental capacity. Under that framework, “deputies” are appointed to make decisions on behalf of a person (“P”). Separately, the Act also contemplates “donees” under a lasting power of attorney (LPA), who make decisions for P under the LPA. The professionalisation of certain roles—particularly where remuneration is involved—can trigger registration obligations. This Order ensures that, in specified transitional and contractual situations, some individuals are not required to register as professional deputies for the performance of particular functions.
Practically, the Order is designed to manage the interface between (i) the new or revised registration regime for professional deputies and (ii) existing appointments and arrangements made before the commencement date of the relevant legislative changes (1 September 2018). It does so by identifying a defined class of persons and limiting the exemption to their discharge of functions in relation to specified persons P.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identity of the instrument and confirms that it comes into operation on 1 September 2018. This commencement date is crucial because the exemption is framed around whether appointments and arrangements were made before or on/after that date, and whether certain applications were pending at that time.
Section 2 (Definition) defines the symbol “P” by reference to the Mental Capacity Act. While the Order itself does not reproduce the definition, it points practitioners to the Act’s definition in section 11(1) or section 20(1). In practice, “P” is the person whose mental capacity is in question and for whom decisions are made—either through an LPA (donee) or through a court-appointed deputyship (deputy).
Section 3 (Application) is the heart of the Order. It specifies the class of persons to whom the exemption applies. The persons covered must satisfy both limbs: (a) they must be appointed in particular ways (as donee or deputy) and (b) they must provide services for remuneration in specified circumstances.
Under Section 3(a), the Order applies to a person who is either:
- (i) an individual appointed, before 1 September 2018, by P as P’s donee under a lasting power of attorney; or
- (ii) an individual appointed, on or after 1 September 2018, by P as P’s donee under a lasting power of attorney where the instrument creating that LPA was immediately before that date the subject of a pending application for registration under the Mental Capacity Regulations 2010; or
- (iii) (whether or not an individual) appointed, before 1 September 2018, by the court as a deputy to make decisions on P’s behalf under section 20(2) of the Act as in force immediately before that date.
This structure is significant. It captures both (1) donees appointed before the cut-off date and (2) donees appointed at/after the cut-off date where the LPA instrument was already in the pipeline for registration (pending application). It also captures court-appointed deputies appointed before the cut-off date, including entities that may not be individuals.
Under Section 3(b), the Order further requires that the person provides the services of the donee or deputy for remuneration. Remuneration is not a mere background fact; it is an express condition for the exemption. The remuneration must arise in one of two ways:
- (i) because of any direction of the court given before 1 September 2018 under specified provisions of the Act as in force immediately before that date (for donees: section 18(3)(c); for deputies: section 24(8)(b)); or
- (ii) where the person is a donee, under the terms of any arrangement made before 1 September 2018 between the donee and P.
In other words, the Order is not a general “no registration needed” rule for all donees or deputies. It is a transitional exemption tied to (a) pre-existing appointments and (b) remuneration arrangements that were already authorised or agreed before the commencement date, either by court direction or by an arrangement between donee and P.
Section 4 (Exemption from registration) then states the legal effect. A person mentioned in paragraph 3 is exempt from the requirement to register as a professional deputy under section 25A(1) of the Act, but only in respect of his or her discharge of any functions of a donee or deputy in relation to any P mentioned in paragraph 3.
This limitation is important for practitioners. The exemption is not framed as a blanket exemption from registration for all purposes. It is tied to the person’s discharge of functions in relation to the specific category of P captured by Section 3. As a result, if a person’s role expands to other Ps outside the defined class, the exemption may not apply to those additional functions.
How Is This Legislation Structured?
The Order is very short and consists of four sections:
- Section 1: Citation and commencement (1 September 2018).
- Section 2: Definition of “P” by reference to the Mental Capacity Act.
- Section 3: Application—defines the class of persons and the conditions (appointment timing, pending registration status for LPAs, court appointment timing for deputies, and remuneration sources).
- Section 4: Exemption—exempts the defined class from registration as a professional deputy under the Act, limited to functions performed in relation to the relevant P.
Who Does This Legislation Apply To?
The Order applies to a defined class of persons who act as either donees under LPAs or deputies appointed by the court, where remuneration is involved and where the appointment/arrangements fall within the transitional framework anchored to 1 September 2018.
Specifically, it covers: (1) individuals appointed as donees before 1 September 2018; (2) individuals appointed as donees on or after 1 September 2018 where the LPA instrument was immediately before that date subject to a pending registration application; and (3) persons (including non-individuals) appointed by the court as deputies before 1 September 2018. In each case, remuneration must be traceable to either pre-commencement court directions (for both donees and deputies) or, for donees, pre-commencement arrangements between donee and P.
Why Is This Legislation Important?
This Order is important because it addresses a practical compliance issue that arises when legal reforms introduce or tighten registration requirements for professional decision-makers. Without such transitional exemptions, individuals who were already appointed and remunerated under earlier arrangements could face immediate regulatory burdens, potentially disrupting ongoing decision-making for persons lacking mental capacity.
From an enforcement and compliance perspective, Section 4 provides legal certainty for the defined class: they can continue discharging functions as donee or deputy for the relevant P without having to register as a professional deputy under section 25A(1) of the Mental Capacity Act. For practitioners advising donees, deputies, families, or service providers, the Order offers a defensible basis to determine whether registration is required in a particular case.
However, the exemption’s scope is narrow. It is limited to functions performed in relation to Ps captured by Section 3. Practitioners should therefore conduct careful fact-finding: the date of appointment, whether an LPA registration application was pending immediately before 1 September 2018, the source of remuneration (court direction versus private arrangement), and whether the person’s role extends beyond the defined transitional category.
Related Legislation
- Mental Capacity Act (Chapter 177A) (including section 43B (power to make the Order) and section 25A(1) (registration requirement for professional deputies))
- Mental Capacity Regulations 2010 (including provisions relating to registration of lasting powers of attorney, referenced in the Order)
- Mental Capacity Act (as in force immediately before 1 September 2018, including sections 18(3)(c) and 24(8)(b) on court directions regarding remuneration)
- Mental Capacity Act (section 20(2) (court appointment of deputies), referenced in the Order)
Source Documents
This article provides an overview of the Mental Capacity (Exemption from Registration as Professional Deputy) Order 2018 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.