Mental Health (Care and Treatment) Act 2008/Amendments

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Mental Health (Care and Treatment) Act 2008

Second Schedule: Amendments to enactments

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3810685Mental Health (Care and Treatment) Act 2008 — Second Schedule: Amendments to enactments

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SECOND SCHEDULE

Section 33

CONSEQUENTIAL AND RELATED AMENDMENTS TO OTHER WRITTEN LAWS

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Second column

1.—(1)

Advance Medical Directive
Act
(Chapter 4A, 1997 Ed.)

(a) Section 2

Delete the words “of sound mind” in the definition of “patient” and substitute the words “who is not mentally disordered,”.

(b) Section 3(1)

Delete the words “of sound mind” and substitute the words “who is not mentally disordered,”.

(c) Section 4

Delete paragraph (a) and substitute the following paragraph:

“(a) is not mentally disordered;”.

(2)

Agency for Science,
Technology and
Research Act
(Chapter 5A, 2002 Ed.)

First Schedule, paragraph 11

Delete sub-paragraph (a) and substitute the following sub-paragraph:

“(a) is mentally disordered and incapable of managing himself or his affairs;”.

(3)

Architects Act
(Chapter 12, 2000 Ed.)

Section 4D

Delete the words “of unsound mind” in paragraph (d) and substitute the words “mentally disordered and incapable of managing himself or his affairs,”.

(4)

Banishment Act
(Chapter 18, 1985 Ed.)

Section 9(1)

(i) Delete the words “of unsound mind” in the 3rd and 5th lines and substitute in each case the words “mentally disordered”.
(ii) Delete the words “again become of sound mind” in the 10th line and substitute the words “ceased to be mentally disordered”.

(5)

Bankruptcy Act
(Chapter 20, 2000 Ed.)

Section 160

Delete paragraph (c) and substitute the following paragraph:

“(c) a person who lacks capacity may act by a deputy appointed or deemed to be appointed for him by the High Court under the Mental Capacity Act 2008 with powers in relation to him for the purposes of this Act.”.

(6)

Building Maintenance and
Strata Management Act
2004 (Act 47 of 2004)

(a) Section 54(1)

Delete paragraph (i) and substitute the following paragraph:

“(i) if the person becomes mentally disordered and incapable of managing himself or his affairs; or”.

(b) First Schedule, paragraph 20

Delete the words “unsoundness of mind” wherever they appear and substitute in each case the words “mental disorder”.

(7)

Casino Control Act
(Chapter 33A, 2007 Ed.)

The Schedule, paragraph 11

Delete sub-paragraph (a) and substitute the following sub-paragraph:

“(a) is mentally disordered and incapable of managing himself or his affairs;”.

(8)

Central Provident Fund Act
(Chapter 36, 2001 Ed.)

(a) Section 15

(i) Delete the words “or a committee of his person or of his estate appointed under the provisions of the Mental Disorders and Treatment Act (Cap. 178)” in subsection (2) and substitute the words “a deputy appointed or deemed to be appointed for the member by the High Court under the Mental Capacity Act 2008 with power in relation to the member for the purposes of this Act, or a donee under a lasting power of authority registered under the Mental Capacity Act 2008 with power in relation to the member for the purposes of this Act”.
(ii) Delete paragraph (e) of subsection

(2) and substitute the following paragraph:

“(e) is mentally disordered and incapable of managing himself or his affairs;”.

(iii) Delete sub-paragraph (ii) of subsection (6B)(a) and substitute the following sub-paragraph:

“(ii) mentally disordered and incapable of managing himself or themselves, or his or their affairs;”.

(iv) Delete paragraph (b) of subsection (7A) and substitute the following paragraph:

“(b) mentally disordered and incapable of managing himself or his affairs;”.

(v) Delete paragraph (b) of subsection (8) and substitute the following paragraph:

“(b) is mentally disordered and incapable of managing himself or his affairs;”.

(b) Section 16(1)

Delete the words “or a committee of his person or of his estate appointed under the Mental Disorders and Treatment Act (Cap. 178)” and substitute the words “a deputy appointed or deemed to be appointed for the member by the High Court under the Mental Capacity Act 2008 with power in relation to the member for the purposes of this Act, or a donee under a lasting power of authority registered under the Mental Capacity Act 2008 with power in relation to the member for the purposes of this Act”.

(9)

Charities Act
(Chapter 37, 2007 Ed.)

Section 25(4)

Delete paragraph (d) and substitute the following paragraph:

“(d) lacks capacity (within the meaning of the Mental Capacity Act 2008) to exercise his functions as trustee;”.

(10)

Children Development
Co-Savings Act
(Chapter 38A, 2002 Ed.)

Section 4(1)

Delete paragraph (f) and substitute the following paragraph:

“(f) where the trustee is no longer able to act as trustee by reason that he lacks capacity (within the meaning of the Mental Capacity Act 2008) to exercise his functions as trustee and the member has no other legal guardian, be substituted with—

(i) the deputy appointed or deemed to be appointed for such trustee by the High Court under that Act and who was conferred power to exercise the functions as trustee; or

(ii) if there is no such deputy, a person nominated by the Minister; and”.

(11)

Companies Act
(Chapter 50, 2006 Ed.)

Fourth Schedule

(a) Paragraph 56

Delete paragraph 56 and substitute the following paragraph

“56. A member who is mentally disordered or whose person or estate is liable to be dealt with in any way under the law relating to mental capacity may vote, whether on a show of hands or on a poll, by such other person as properly has the management of his estate, and any such person may vote by proxy or attorney.”.

(b) Paragraph 62

Delete the words “unsoundness of mind” wherever they appear and substitute in each case the words “mental disorder”.

(c) Paragraph 72

Delete sub-paragraph (e) and substitute the following sub-paragraph:

“(e) becomes mentally disordered and incapable of managing himself or his affairs or a person whose person or estate is liable to be dealt with in any way under the law relating to mental capacity;”.

(12)

Conveyancing and Law of
Property Act
(Chapter 61, 1994 Ed.)

(a) Section 7(5)

Delete the words “committee of a mentally disordered person” and substitute the words “deputy appointed or deemed to be appointed by the High Court for a person who lacks capacity under the Mental Capacity Act 2008”.

(b) Section 44

Delete the words “unsoundness of mind” in paragraphs (a), (b) and (c) and substitute in each case the words “mental disorder”.

(c) Section 46(1)

(i) Delete the words “of unsound mind” and substitute the words “mentally disordered”.
(ii) Delete the words “unsoundness of mind” and substitute the words “mental disorder”.

(13)

Countervailing and Anti-
Dumping Duties Act
(Chapter 65B, 1997 Ed.)

Section 30(5)

Delete paragraph (a) and substitute the following paragraph:

“(a) is mentally disordered and incapable of managing himself or his affairs;”.

(14)

Defence Science and
Technology Agency Act
(Chapter 75A, 2001 Ed.)

First Schedule, paragraph 10

Delete sub-paragraph (a) and substitute the following sub-paragraph:

“(a) is mentally disordered and incapable of managing himself or his affairs;”.

(15)

Exchange Control Act
(Chapter 99, 2000 Ed.)

Section 22(5)

Delete the words “unsoundness of mind” in paragraph (b) and substitute the words “mental disorder”.

(16)

Government Procurement
Act
(Chapter 120, 1998 Ed.)

Section 8(4)

Delete paragraph (a) and substitute the following paragraph:

“(a) is mentally disordered and incapable of managing himself or his affairs;”.

(17)

Housing and Development
Act
(Chapter 129, 2004 Ed.)

Section 7(1)

Delete paragraph (c) and substitute the following paragraph:

“(c) is mentally disordered and incapable of managing himself or his affairs.”.

(18)

HUDC Housing Estates Act
(Chapter 131, 1985 Ed.)

Fourth Schedule, paragraph 18

Delete the words “unsoundness of mind” wherever they appear and substitute in each case the words “mental disorder”.

(19)

Human Organ Transplant
Act
(Chapter 131A, 2005 Ed.)

(a) Section 5(2)

Delete the words “not of sound mind” in paragraph (e) and substitute the words “mentally disordered”.

(b) Section 15A(2)

Delete the words “of sound mind” in paragraph (b) and substitute the words “not mentally disordered”.

(20)

Income Tax Act
(Chapter 134, 2008 Ed.)

Section 10L(3)

Delete the words “found to be of unsound mind” in paragraph (c) and substitute the words “mentally disordered and incapable of managing himself or his affairs”.

(21)

Industrial Relations Act
(Chapter 136, 2004 Ed.)

Section 7(4)

Delete paragraph (b) and substitute the following paragraph:

“(b) is mentally disordered and incapable of managing himself or his affairs;”.

(22)

Institute of Technical
Education Act
(Chapter 141A, 1993 Ed.)

Section 9

Delete paragraph (a) and substitute the following paragraph:

“(a) becomes mentally disordered and incapable of managing himself or his affairs;”.

(23)

Land Acquisition Act
(Chapter 152, 1985 Ed.)

(a) Section 2(2)

(i) Delete the words “the committees of mentally disordered persons” in paragraph (c) and substitute the words “deputies appointed or deemed to be appointed by the High Court for persons who lack capacity (incapacitated persons) under the Mental Capacity Act 2008 with power in relation to the incapacitated persons for the purposes of this Act,”.
(ii) Delete the words “mentally disordered persons” in paragraph (c) and substitute the words “incapacitated persons”.

(b) Section 19(2)

Delete paragraph (d) and substitute the following paragraph:

“(d) is mentally disordered and incapable of managing himself or his affairs.”.

(c) Section 26(3)

Delete paragraph (c) and substitute the following paragraph:

“(c) is mentally disordered and incapable of managing himself or his affairs.”.

(24)

Land Surveyors Act
(Chapter 156, 2006 Ed.)

Section 4(4)

Delete the words “of unsound mind” in paragraph (d) and substitute the words “mentally disordered and incapable of managing himself or his affairs”.

(25)

Land Titles Act
(Chapter 157, 2004 Ed.)

Section 126(1)

Delete the words “committee to whom it is entrusted, pursuant to the Mental Disorders and Treatment Act (Cap. 178),” in paragraph (e) and substitute the words “deputy appointed or deemed to be appointed for such person by the High Court under the Mental Capacity Act 2008, with power in relation to”.

(26)

Legal Profession Act
(Chapter 161, 2001 Ed.)

(a) Section 26(1)

Delete paragraph (h) and substitute the following paragraph:

“(h) if he lacks capacity within the meaning of the Mental Capacity Act 2008 to act as a solicitor.”.

(b) Section 30(5)

Delete paragraph (e) and substitute the following paragraph:

“(e) becomes mentally disordered and incapable of managing himself or his affairs;”.

(c) Section 57(1)

Delete paragraph (b) and substitute the following paragraph:

“(b) he becomes mentally disordered and incapable of managing himself or his affairs;”.

(d) First Schedule, paragraph 1(1)

Delete sub-paragraph (h) and substitute the following sub-paragraph:

“(h) a solicitor lacks capacity within the meaning of the Mental Capacity Act 2008 to act as a solicitor;”.

(27)

Limitation Act
(Chapter 163, 1996 Ed.)

Section 2(2)

Delete the words “of unsound mind” and substitute the words “lacks capacity (within the meaning of the Mental Capacity Act 2008) to conduct legal proceedings”.

(28)

Maintenance of Religious
Harmony Act
(Chapter 167A, 2001 Ed.)

Section 3(8)

Delete paragraph (a) and substitute the following paragraph:

“(a) is mentally disordered and incapable of managing himself or his affairs;”.

(29)

Medical and Elderly Care
Endowment Schemes Act
(Chapter 173A, 2001 Ed.)

Section 43(3)

Delete paragraph (b) and substitute the following paragraph:

“(b) the deputy appointed or deemed to be appointed by the High Court for a person who lacks capacity under the Mental Capacity Act 2008, with power to consent to such disclosure.”.

(30)

Medical (Therapy,
Education and Research)
Act
(Chapter 175, 1985 Ed.)

(a) Section 3

Delete the words “of sound mind and” and substitute the words “who is not mentally disordered and who is”.

(b) Section 13(1)

Delete the words “of sound mind and” and substitute the words “who is not mentally disordered and who is”.

(31)

Monetary Authority of
Singapore Act
(Chapter 186, 1999 Ed.)

Section 10(2)

Delete paragraph (b) and substitute the following paragraph:

“(b) becomes mentally disordered and incapable of managing himself or his affairs;”.

(32)

National Arts Council Act
(Chapter 193A, 1992 Ed.)

First Schedule, paragraph 9

Delete sub-paragraph (a) and substitute the following sub-paragraph:

“(a) is mentally disordered and incapable of managing himself or his affairs;”.

(33)

National Heritage Board
Act
(Chapter 196A, 1994 Ed.)

First Schedule, paragraph 9

Delete sub-paragraph (a) and substitute the following sub-paragraph:

“(a) is mentally disordered and incapable of managing himself or his affairs;”.

(34)

National Parks Board Act
(Chapter 198A, 1997 Ed.)

First Schedule, paragraph 9

Delete sub-paragraph (c) and substitute the following sub-paragraph:

“(c) is mentally disordered and incapable of managing himself or his affairs.”.

(35)

Police Force Act
(Chapter 235, 2006 Ed.)

Section 101(5)

Delete paragraph (c) and substitute the following paragraph:

“(c) is mentally disordered and incapable of managing himself or his affairs.”.

(36)

Prisons Act
(Chapter 247, 2000 Ed.)

Section 43

(i) Delete the words “of unsound mind” wherever they appear in subsection (1) and substitute in each case the words “mentally disordered”.
(ii) Delete the words “again become of sound mind” in subsection (2) and substitute the words “ceased to be mentally disordered”.
(iii) Delete the words “Section 40 of the Mental Disorders and Treatment Act (Cap. 178) shall apply to every person confined in a mental hospital under this section” in subsection (3) and substitute the words “Where a person is confined under this section in a psychiatric institution within the meaning of the Mental Health (Care and Treatment) Act 2008, section 15 of that Act shall apply to such person”.
(iv) Delete the section heading and substitute the following section heading:

“Prisoners who are mentally disordered”.

(37)

Private Hospitals and
Medical Clinics Act
(Chapter 248, 1999 Ed.)

Section 13(3)

Delete paragraph (c) and substitute the following paragraph:

“(c) in relation to a person who lacks capacity within the meaning of the Mental Capacity Act 2008, means the deputy appointed or deemed to be appointed for the person by the High Court under that Act, with power to consent to such disclosure.”.

(38)

Probate and Administration
Act
(Chapter 251, 2000 Ed.)

Section 10(2)

(i) Delete the words “person of unsound mind” in subsection (1) and substitute the words “mentallydisordered person”.
(ii) Delete the words “of sound mind” in the 1st line of subsection (2) and substitute the words “he is notmentally disordered”.
(iii) Delete the words “person of unsound mind” in subsection (2) and substitute the words “mentally disordered person”.
(iv) Delete the words “becomes of sound mind” in subsection (2) and substitute the words “ceases to be mentally disordered”.

(39)

Professional Engineers Act
(Chapter 253, 1992 Ed.)

Section 4C

Delete the words “of unsound mind” in paragraph (d) and substitute the words “mentally disordered and incapable of managing himself or his affairs”.

(40)

Property Tax Act
(Chapter 254, 2005 Ed.)

Section 23(2)

Delete paragraph (d) and substitute the following paragraph:

“(d) is mentally disordered and incapable of managing himself or his affairs.”.

(41)

Registration of Criminals
Act
(Chapter 268, 1985 Ed.)

First Schedule, Part II

Delete the following item:

“Mental
Disorders
and
Treatment
Act 2008

Section 58.

Cap. 178.”

and substitute the following item:

“Mental
Health
(Care and
Treatment)
Act 2008

Section 26.”.

(42)

Requisition of Resources
Act
(Chapter 273, 1985 Ed.)

Section 30(6)

Delete paragraph (c) and substitute the following paragraph:

“(c) is mentally disordered and incapable of managing himself or his affairs.”.

(43)

Settled Estates Act
(Chapter 293, 1985 Ed.)

Section 16

(i) Delete subsection (2) and substitute the following subsection:

“(2) All notices under this Act may be given by or to—

(a) guardians on behalf of infants;

(b) the Official Assignee on behalf of bankrupts; and

(c) deputies appointed or deemed to be appointed by the High Court for persons who lack capacity under the Mental Capacity Act 2008 with power in relation to such persons for the purposes of this Act, on behalf of such persons.”.

(ii) Delete the marginal note to subsection (2).

(44)

Singapore Academy of
Law Act
(Chapter 294A, 1997 Ed.)

Section 16(1)

Delete the words “of unsound mind” in paragraph (e) and substitute the words “mentally disordered and incapable of managing himself or his affairs”.

(45)

Singapore Armed Forces
Act
(Chapter 295, 2000 Ed.)

(a) Section 93(2)

Delete the words “of unsound mind” in paragraph (i) and substitute the words “mentally disordered”.

(b) Section 102(2)

Delete the words “of unsound mind” in paragraph (c) and substitute the words “mentally disordered”.

(46)

Singapore Labour
Foundation Act
(Chapter 302, 1985 Ed.)

Section 6(5)

Delete the words “of unsound mind” in paragraph (a) and substitute the words “mentally disordered and incapable of managing himself or his affairs”.

(47)

Standards, Productivity and
Innovation Board Act
(Chapter 303A, 2002 Ed.)

First Schedule, paragraph 10

Delete sub-paragraph (a) and substitute the following sub-paragraph:

“(a) is mentally disordered and incapable of managing himself or his affairs;”.

(48)

State Immunity Act
(Chapter 313, 1985 Ed.)

Section 8(3)

Delete the words “persons of unsound mind” and substitute the words “mentally disordered persons”.

(49)

Travel Agents Act
(Chapter 334, 1998 Ed.)

Section 3(1)

Delete the words “committee of the estate or person of a mentally ill person, or manager of the property of an incapable person, for the purpose of performing his functions, exercising his powers or carrying out his duties as such, to hold a licence” and substitute the words “or deputy appointed or deemed to be appointed by the High Court for a person who lacks capacity under the Mental Capacity Act 2008 with power in relation to such person for the purposes of this Act, to hold a licence for the purpose of performing his functions, exercising his powers or carrying out his duties as such”.

(50)

Trust Companies Act
(Chapter 336, 2006 Ed.)

Section 26(1)

Delete the words “committee of the person of a mentally disordered person” and substitute the words “a deputy with powers in relation to the personal welfare of a person who lacks capacity (within the meaning of the Mental Capacity Act 2008)”.

(51)

Trustees Act
(Chapter 337, 2005 Ed.)

(a) Section 3

Delete the definitions of “mentally disordered person” and “person of unsound mind”.

(b) Section 37(10)

Delete the words “mentally disordered person or a person of unsound mind, being a trustee,” and substitute the words “trustee lacks capacity (within the meaning of the Mental Capacity Act 2008) to exercise his functions as trustee and”.

(c) Section 42(2)

Delete paragraph (b) and substitute the following paragraph:

“(b) found to lack capacity (within the meaning of the Mental Capacity Act 2008) to exercise his functions as trustee;”.

(52)

Urban Redevelopment
Authority Act
(Chapter 340, 1990 Ed.)

First Schedule, paragraph 9

Delete sub-paragraph (a) and substitute the following sub-paragraph:

“(a) is mentally disordered and incapable of managing himself or his affairs;”.

(53)

Women’s Charter
(Chapter 353, 1997 Ed.)

Section 106

(i) Delete the words “unsoundness of mind” in paragraph (c) and substitute the words “mental disorder”.
(ii) Delete the words “Mental Disorders and Treatment Act (Cap. 178)” in paragraph (d) and substitute the words “Mental Health (Care and Treatment) Act 2008”.

(54)

Work Injury Compensation
Act (Chapter 354, 1998 Ed.)

(a) Section 9

(i) Delete sub-paragraph (iii) of subsection (1A)(a) and substitute the following sub-paragraph:

“(iii) where the employee has become mentally incapacitated, any deputy appointed or deemed to be appointed for the employee by the High Court under the Mental Capacity Act 2008 with power to receive such payment;”.

(ii) Delete paragraph (b) of subsection (4A) and substitute the following paragraph:

“(b) any deputy appointed or deemed to be appointed for the employee by the High Court under the Mental Capacity Act 2008 with power to receive such payment.”.

(b) Section 22(2)

Delete the words “committee or committees of the employee and estate of the employee required under the Mental Disorders and Treatment Act (Cap. 178)” and substitute the words “deputy for the employee under the Mental Capacity Act 2008”.

(c) Section 27(1)

Delete the words “committee or committees appointed under the Mental Disorders and Treatment Act (Cap. 178)” in paragraph (ba) and substitute the words “deputy appointed or deemed to be appointed for him by the High Court under the Mental Capacity Act 2008”.

(d) Section 28A(2)

Delete the words “committee or committees appointed under the Mental Disorders and Treatment Act (Cap. 178)” in paragraph (c) and substitute the words “deputy appointed or deemed to be appointed for the employee by the High Court under the Mental Capacity Act 2008”.

2. In this Schedule and in any written law amended by this Schedule, “mental disorder” has the same meaning as in section 2(1), and “mentally disordered” shall be construed accordingly.