Statute Details
- Title: Mental Capacity (Public Guardian Fees) Regulations 2010
- Act Code: MCA2008-S106-2010
- Type: Subsidiary legislation (SL)
- Authorising Act: Mental Capacity Act 2008 (Act 22 of 2008)
- Enacting authority: Minister for Community Development, Youth and Sports
- Citation: SL 106/2010
- Commencement: 1 March 2010
- Key provisions: Regulation 3 (Fees); Regulation 5 (No refund); Regulation 6 (Waiver and remission)
- Schedule: Sets out the fee amounts payable to the Public Guardian for specified applications/matters
- Deleted provision: Regulation 4 (deleted with effect from 1 September 2014)
- Latest version in extract: “Current version as at 27 Mar 2026” (with amendments shown in the legislation timeline)
What Is This Legislation About?
The Mental Capacity (Public Guardian Fees) Regulations 2010 (“Fees Regulations”) set out the charging framework for services provided by the Public Guardian under the Mental Capacity Act 2008. In practical terms, the Regulations answer a straightforward question for practitioners and applicants: how much must be paid to the Public Guardian when making an application or requesting a matter under the Mental Capacity Act regime?
The Mental Capacity Act 2008 establishes a system for decision-making support for persons who may lack capacity. Within that system, the Public Guardian plays a central role, including maintaining relevant registers and processing applications connected to deputies and related court orders. The Fees Regulations operationalise part of that administrative system by prescribing fee amounts (in the Schedule) and by addressing payment timing, refund rules, and discretionary fee relief.
Although the Regulations are relatively short, they are important for legal practice. Fees can affect client advice, budgeting, and procedural strategy—particularly where an application is withdrawn, unsuccessful, or where information searches do not yield results. The Regulations also provide a limited safety valve through the Public Guardian’s discretion to waive fees in whole or in part.
What Are the Key Provisions?
1. Citation, commencement, and definitions (Regulations 1 and 2)
Regulation 1 provides the citation and commencement date: the Fees Regulations may be cited as the Mental Capacity (Public Guardian Fees) Regulations 2010 and came into operation on 1 March 2010. Regulation 2 defines “register” as the register of court orders appointing deputies established and maintained by the Public Guardian under section 31(1)(b) of the Mental Capacity Act 2008. This definition matters because some fee items in the Schedule may relate to searches or requests connected to that register.
2. Fees and when they must be paid (Regulation 3)
Regulation 3 is the core charging provision. It provides that, subject to Regulation 5, the fees payable to the Public Guardian for an application or a “matter” specified in the first column of the Schedule are the amounts specified opposite in the second column of the Schedule. In other words, the Schedule is the authoritative source for fee quantum, while Regulation 3 links each fee item to the correct amount.
Regulation 3(2) addresses payment timing: the fees must be paid by the person making the application or request, on the making of the application or request. This is a practical point for practitioners. It means there is no general statutory entitlement to defer payment until later stages of processing, and it also implies that administrative processing may be contingent on payment at the outset.
3. No refund of fees (Regulation 5)
Regulation 5 is a strict rule. Subject to Regulation 6, no refund of any fee paid under the Fees Regulations shall be made by the Public Guardian, even if an application is unsuccessful or withdrawn, or a search does not produce any relevant information.
For counsel, this provision has several implications:
- Unsuccessful applications: If the application fails on the merits (or is refused), the fee is still not refundable.
- Withdrawals: If a client withdraws an application after paying the fee, the fee remains non-refundable.
- Searches with no results: Where a fee relates to searching for relevant information (for example, in connection with the register), the absence of relevant information does not trigger a refund.
Regulation 5 therefore encourages careful pre-application assessment and client communication about cost risk. It also affects settlement and procedural decisions: once paid, the fee is generally “spent” regardless of outcome.
4. Waiver and remission (Regulation 6)
Regulation 6 provides the main exception to the no-refund rule. The Public Guardian may, in his discretion, waive wholly or in part the fees paid or payable under the Fees Regulations.
Two points are particularly important for practitioners:
- Discretionary relief: The language “may, in his discretion” indicates there is no automatic entitlement to waiver/remission. Applicants must expect an evaluative decision by the Public Guardian.
- Scope of relief: The waiver can apply to fees “paid or payable,” meaning it can potentially operate both prospectively (before payment) and retrospectively (after payment), depending on how the discretion is exercised.
Because Regulation 6 is the only express carve-out from Regulation 5, it is the key provision to consult when advising clients who face affordability constraints or where procedural circumstances make fee relief appropriate. In practice, counsel should consider whether to apply for waiver early, given that Regulation 5 otherwise blocks refunds.
5. Deleted Regulation 4
The extract indicates that Regulation 4 was deleted with effect from 1 September 2014. While the substance of the deleted regulation is not reproduced in the extract, its deletion suggests that earlier procedural or administrative details were superseded by later amendments. Practitioners should therefore rely on the current text of Regulations 1–3, 5–6 and the Schedule when advising on fees.
How Is This Legislation Structured?
The Fees Regulations are structured in a conventional subsidiary-legislation format:
- Part/Sections: The Regulations contain a short set of numbered regulations (1 to 6), with Regulation 4 deleted.
- Regulation 1: Citation and commencement.
- Regulation 2: Definitions (notably “register”).
- Regulation 3: Fees payable and when they must be paid.
- Regulation 5: No refund rule.
- Regulation 6: Discretionary waiver/remission.
- Schedule: The fee table, listing each “application or matter” and the corresponding fee amount.
For legal research and practice, the Schedule is essential. Regulation 3 does not itself state fee amounts; it points to the Schedule. Therefore, any fee calculation or client quote must be cross-checked against the Schedule in the current version of the Regulations.
Who Does This Legislation Apply To?
The Fees Regulations apply to persons who make applications or requests to the Public Guardian under the Mental Capacity Act 2008 framework. This includes applicants seeking services or administrative actions that fall within the fee items listed in the Schedule.
In practice, the “person making the application or request” may include family members, legal representatives, or other authorised persons acting on behalf of a person concerned with mental capacity matters. The Regulations are not limited by the applicant’s identity; rather, they are triggered by the act of making an application/request that is specified in the Schedule and processed by the Public Guardian.
Why Is This Legislation Important?
Although the Fees Regulations are narrow in scope, they have real operational impact on mental capacity practice in Singapore. The Regulations establish a predictable fee regime for Public Guardian processes, which supports administrative efficiency and cost recovery. For practitioners, this predictability is useful when advising clients on the financial implications of applications and requests.
The most significant practical feature is the combination of (i) upfront payment on making the application/request (Regulation 3(2)) and (ii) no refunds even where outcomes are unfavourable or searches yield no relevant information (Regulation 5). Together, these provisions create a “pay first, refund rarely” model. Counsel should therefore ensure that clients understand that fees are generally non-refundable and that procedural decisions (including withdrawal) may not mitigate cost exposure.
At the same time, Regulation 6 provides an important discretionary relief mechanism. Where a client may face hardship or where circumstances justify fee relief, counsel should consider whether to seek waiver or remission. Because the discretion is held by the Public Guardian and is not framed as an entitlement, practitioners should approach waiver applications with clear supporting facts and a focus on why relief is appropriate.
Finally, the Regulations’ amendments over time (as reflected in the timeline in the extract) underscore the need to consult the current version when quoting fees. Fee amounts and administrative details can change through subsidiary legislation amendments. A practitioner should therefore verify the latest Schedule values before advising or filing.
Related Legislation
- Mental Capacity Act 2008 (Act 22 of 2008) — in particular, sections authorising the Public Guardian’s functions and the making of these Regulations (including sections 31(3) and (4) and 46, as referenced in the enacting formula)
- Mental Capacity Act 2008 timeline (for amendments and the evolution of the Public Guardian framework)
Source Documents
This article provides an overview of the Mental Capacity (Public Guardian Fees) Regulations 2010 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.