Statute Details
- Title: Trustees (Authorised Unit Trust Scheme) (No. 8) Order 1999
- Act Code: TA1967-S122-1999
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Trustees Act (Cap. 337)
- Key Enabling Provision: Section 86 of the Trustees Act
- Enacting Formula: Minister for Law makes the Order in exercise of powers under section 86
- Citation: Trustees (Authorised Unit Trust Scheme) (No. 8) Order 1999
- Declared Scheme: United Japan Growth Fund
- Order Date / Made: 20 March 1999
- SL Number: SL 122/1999
- Status: Current version as at 27 March 2026
What Is This Legislation About?
The Trustees (Authorised Unit Trust Scheme) (No. 8) Order 1999 is a short but legally significant instrument. In substance, it “authorises” a particular unit trust scheme—United Japan Growth Fund—for the purposes of the Trustees Act. This authorisation is not a general policy statement; it is a targeted designation that determines whether the scheme falls within a statutory category that trustees and other regulated persons may rely on when administering trust property.
In plain language, the Order answers a practical question: Is this specific unit trust scheme treated as an “authorised unit trust scheme” under the Trustees Act? If it is, then trustees may be able to consider investing trust assets in that scheme (subject to the general duties and investment powers applicable under trust law and the Trustees Act framework). If it is not, trustees may face restrictions or additional legal risk when dealing with the scheme as trust property.
Because the Order is made under a specific enabling provision—section 86 of the Trustees Act—it operates as a mechanism for the Minister for Law to designate eligible schemes. The Order’s scope is therefore narrow: it does not regulate the internal operations of the fund itself (such as offering documents, marketing, or custody arrangements). Instead, it regulates the status of the scheme for purposes of the Trustees Act.
What Are the Key Provisions?
Section 1 (Citation) provides the formal name by which the Order may be cited. While this is standard drafting, it matters for legal referencing, compliance documentation, and regulatory audits. Practitioners typically cite the exact Order when confirming whether a scheme has been declared authorised.
Section 2 (Authorised unit trust scheme) is the operative provision. It states that United Japan Growth Fund is hereby declared as an authorised unit trust scheme for the purposes of the Trustees Act. This single declaratory sentence is the heart of the instrument. It confers the statutory label that trustees and their advisers need in order to apply the Trustees Act’s investment-related provisions (including any provisions that permit or facilitate trustees’ dealings with authorised unit trust schemes).
From a practitioner’s perspective, the key legal effect of section 2 is that it creates a legally recognised category of unit trust schemes. That category is likely to be relevant wherever the Trustees Act uses the term “authorised unit trust scheme” to define permissible investments, trustee powers, or compliance requirements. Even though the Order does not spell out those downstream consequences, the designation is what triggers them.
Making and commencement context: The Order records that it was made on 20 March 1999 by the Permanent Secretary, Ministry of Law, Singapore (acting under the Minister’s authority). The extract provided does not set out a separate commencement clause; in many Singapore subsidiary instruments, the commencement is either immediate upon making or upon publication/notification, depending on the general rules and the instrument’s drafting. Practitioners should therefore verify the publication date and any commencement provisions in the full text or the legislation database record when relying on the Order for historical or compliance purposes.
How Is This Legislation Structured?
The Order is extremely concise and structured around two provisions:
(1) Citation — a standard section identifying the name of the instrument.
(2) Authorised unit trust scheme — the substantive designation of the specific unit trust scheme (United Japan Growth Fund) as authorised under the Trustees Act.
There are no additional parts, schedules, definitions, or conditions in the extract. This reflects the nature of an “authorisation order”: it is designed to be a designation instrument rather than a comprehensive regulatory code. The legal framework for trustees’ duties and permissible investments is therefore located primarily in the Trustees Act itself, with this Order functioning as the “switch” that brings a particular scheme within the authorised category.
Who Does This Legislation Apply To?
The Order applies to the extent that it affects persons who must consider whether a unit trust scheme is an “authorised unit trust scheme” under the Trustees Act. In practice, this typically includes trustees (including professional trustees and corporate trustees) and their legal advisers, as well as any parties who support trustee administration (for example, investment managers acting for trustees, compliance officers, and auditors).
Importantly, the Order does not directly impose obligations on the fund as such. Rather, it affects the legal status of the scheme in the trustee context. Therefore, the “audience” is best understood as trustees and those advising them, who need to know which schemes are authorised so that they can exercise powers and meet compliance requirements under the Trustees Act.
Why Is This Legislation Important?
Although the Order is short, it can be crucial in trustee investment decisions. Trustees operate under strict duties and must act within the scope of their powers. If the Trustees Act provides a pathway for trustees to invest in authorised unit trust schemes, then the authorisation of United Japan Growth Fund may materially affect whether trustees can lawfully hold or acquire units in that fund as part of trust property.
From a risk-management perspective, the authorisation status is also relevant to legal certainty. Trustees and their counsel typically document the basis for investment decisions. Being able to point to a specific ministerial order that declares the scheme authorised helps reduce uncertainty and supports compliance with statutory requirements.
Finally, the Order’s “current version” status as at 27 March 2026 indicates that the designation remains on the legislation record. Practitioners should still confirm whether there have been amendments, revocations, or superseding orders affecting the scheme’s status. Even where the instrument remains “current,” the practical legal position may depend on whether the scheme continues to exist under the same name, whether it has been restructured, or whether later authorisation orders have been issued for other schemes. Therefore, due diligence should include checking the latest legislation timeline and any related regulatory updates.
Related Legislation
- Trustees Act (Cap. 337) — in particular, section 86 (the enabling provision for authorisation orders)
Source Documents
This article provides an overview of the Trustees (Authorised Unit Trust Scheme) (No. 8) Order 1999 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.