Statute Details
- Title: Trustees (Authorised Unit Trust Scheme) (No. 11) Order 2000
- Act Code: TA1967-S375-2000
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Trustees Act (Cap. 337)
- Enacting Power: Section 83 of the Trustees Act
- Primary Instrument Date (Made): 17 August 2000
- Commencement: Not stated in the extract (commonly tied to gazette/notification date; practitioners should confirm in the official publication)
- SL Citation: SL 375/2000
- Status: Current version as at 27 March 2026
- Key Provisions (from extract): Section 1 (Citation); Section 2 (Declaration of authorised unit trust scheme)
What Is This Legislation About?
The Trustees (Authorised Unit Trust Scheme) (No. 11) Order 2000 is a short, targeted piece of subsidiary legislation. Its central function is to declare a specific collective investment product—namely, a unit trust scheme—as an “authorised unit trust scheme” for the purposes of the Trustees Act.
In plain terms, the Order does not create a full regulatory framework by itself. Instead, it operates as a legal “gatekeeping” instrument: it identifies which unit trust schemes qualify to be treated as authorised under the Trustees Act. Once a scheme is authorised, it can benefit from the statutory regime that applies to authorised unit trust schemes, including the legal permissions and compliance expectations that flow from that status.
The extract shows that the Minister for Law makes the Order using powers conferred by section 83 of the Trustees Act. That means the Trustees Act provides the overarching legal structure, while this Order selects particular schemes to be placed within that structure. Here, the scheme declared authorised is “Infinity European Stock Index Fund”.
What Are the Key Provisions?
Section 1 (Citation) provides the short title of the instrument: the Trustees (Authorised Unit Trust Scheme) (No. 11) Order 2000. While seemingly administrative, citation provisions matter in practice because they enable precise reference in filings, regulatory correspondence, contractual documents, and legal submissions.
Section 2 (Authorised unit trust scheme) is the operative provision. It states that “Infinity European Stock Index Fund” is hereby declared as an authorised unit trust scheme for the purpose of the Act. This declaration is the legal act that confers the authorised status on the named scheme.
For practitioners, the practical significance of Section 2 is that it ties the scheme to the Trustees Act’s authorisation framework. Although the extract does not reproduce the Trustees Act’s detailed requirements, the authorisation status typically affects how the scheme may be offered, administered, and regulated, and it may determine which statutory obligations apply to the trustee and other responsible parties. In other words, Section 2 is the “trigger” that brings the scheme within the statutory regime.
Enacting formula and making clause (as shown in the extract) confirm the legal basis and the authority of the Minister. The Order is made “in exercise of the powers conferred by section 83 of the Trustees Act”. The making clause also records the date (“17th day of August 2000”) and the signatory (the Permanent Secretary, Ministry of Law). These elements are important for validity and for any future dispute about whether the authorisation was properly granted.
How Is This Legislation Structured?
This Order is structured in a very simple format, consistent with many authorisation orders under Singapore’s subsidiary legislation framework. It contains:
(1) An enacting formula that identifies the enabling provision in the Trustees Act (section 83) and states that the Minister for Law makes the Order.
(2) A citation provision (Section 1) that sets out the short title.
(3) A single substantive provision (Section 2) that declares the named unit trust scheme as authorised.
Notably, the extract does not show any additional schedules, conditions, expiry dates, or detailed compliance requirements within the Order itself. That is typical where the authorisation order is meant only to designate the scheme; the substantive regulatory obligations are usually found in the parent Act and any related subsidiary regulations or notices.
Who Does This Legislation Apply To?
The Order applies to the extent of its declaration: it concerns the “Infinity European Stock Index Fund” and its treatment under the Trustees Act. In practice, the authorised status is relevant to the parties responsible for the scheme—most importantly the trustee (and, depending on the Trustees Act framework, the management company or other scheme operator), as well as any persons who rely on the scheme’s authorised status in offering or administering units.
Because the Order is a declaration “for the purpose of the Act,” its legal effect is not limited to investors alone. It is primarily relevant to the regulated entities and legal relationships governed by the Trustees Act. Investors may indirectly benefit from the authorisation regime, but the compliance and governance obligations are typically imposed on the trustee and scheme operator under the Act’s provisions applicable to authorised unit trust schemes.
Why Is This Legislation Important?
Although the Order is brief, it is legally significant because authorisation is often a prerequisite for a unit trust scheme to operate within the statutory framework. In Singapore’s regulatory environment, authorisation status can determine whether a scheme is recognised under the Trustees Act regime and therefore whether it may lawfully be structured, administered, and offered in the manner contemplated by the Act.
From a practitioner’s perspective, the importance lies in the certainty it provides. A declaration order like this reduces ambiguity about whether a particular fund is within the authorised category. This matters for due diligence, regulatory reporting, contractual drafting (for example, trustee agreements, offering documents, and distribution arrangements), and for handling investor complaints or compliance reviews where the authorised status may be central.
The Order also illustrates a common legislative technique: rather than embedding all scheme-specific details in the parent Act, Singapore law uses enabling provisions (here, section 83 of the Trustees Act) to allow the Minister to designate particular schemes by order. This supports administrative flexibility—new schemes can be authorised by separate orders without amending the Trustees Act each time.
Related Legislation
- Trustees Act (Cap. 337) — in particular, section 83 (the enabling provision for authorisation orders)
Source Documents
This article provides an overview of the Trustees (Authorised Unit Trust Scheme) (No. 11) Order 2000 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.