Mental Capacity (Public Guardian Board) Regulations 2010

No. S 107

Mental Capacity Act 2008

(Act 22 of 2008)

Mental Capacity (Public Guardian Board) Regulations 2010

In exercise of the powers conferred by section 33 of the Mental Capacity Act 2008, the Minister for Community Development, Youth and Sports hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Mental Capacity (Public Guardian Board) Regulations 2010 and shall come into operation on 1st March 2010.

Definition

2. In these Regulations, “Board” means the Public Guardian Board established by section 33(1) of the Act.

Composition of Board

3.—(1) Subject to section 33(5) of the Act, the Board shall consist of such number of persons as the Minister may determine.

(2) The Minister may at any time revoke the appointment of any member of the Board.

Tenure of office

4.—(1) Every member of the Board shall be appointed for a period of not more than 2 years from the date of his appointment and shall be eligible for re-appointment on completion of that period unless he resigns during his period of office or unless his appointment is revoked by the Minister under regulation 3(2).

(2) On the expiry of a member’s term of office, the Minister may re-appoint that member to serve a further fixed term not exceeding 2 years.

(3) A member may be re-appointed more than once.

Chairman of Board

5. The Minister shall select one of the members of the Board to be its chairman.

Term of office of chairman

6.—(1) The member selected to be the chairman of the Board shall be appointed by the Minister to hold that office for a fixed term not exceeding 2 years.

(2) On the expiry of a member’s term of office as chairman, the Minister may re-appoint that member to serve a further fixed term not exceeding 2 years as chairman.

(3) The chairman may resign from that office at any time by giving notice in writing to the Minister.

(4) Where the chairman’s membership of the Board ceases under regulation 7, his term of office as chairman shall also cease.

Cessation of appointment of members

7. A person appointed as a member of the Board shall cease to hold such appointment —

(a)	on his death, resignation or absence from Singapore for more than 3 months without the permission of the Minister; or
(b)	if the Minister revokes the appointment.

Vacancies in Board

8.—(1) A vacancy occurring in the Board shall be filled by a fresh appointment made by the Minister, and the person appointed to fill such a vacancy shall hold office for so long as the member in whose place he is appointed would have held office.

(2) The Board shall not be incapable of acting by reason only of there being any vacancy in the membership of the Board.

Secretary

9.—(1) The chairman shall appoint a Secretary to the Board.

(2) The Secretary shall not be a member of the Board and shall not be entitled to vote at a meeting of the Board.

Quorum

10.—(1) The quorum at every meeting of the Board shall be half the total number of members of the Board.

(2) No business shall be transacted or discussed at a meeting of the Board unless a quorum is present.

Meetings

11.—(1) Meetings of the Board shall be called by the chairman or the Secretary as and when necessary.

(2) At least 7 days’ notice shall be given of meetings of the Board but the members of the Board may waive the requirement of 7 days’ notice.

(3) Notice convening the meeting shall include the agenda for such meeting and may be delivered by hand, post, facsimile or electronic transmission.

(4) Meetings of the Board shall be presided over by —

(a)	the chairman; or
(b)	where the chairman is not present, a member chosen to preside by those members present at the meeting.

(5) The minutes of every meeting must be kept and shall be confirmed at the next following meeting of the Board and when confirmed shall be signed by the chairman, or where the chairman is not present, the member chosen to preside by those members present at that meeting.

Resolutions

12. Resolutions at any meeting of the Board shall be passed by a majority of votes and in the case of an equality of votes, the member presiding at the meeting shall have a second or casting vote.

Attendance at meetings

13.—(1) The chairman may hold a meeting of the Board, or permit any member to take part in a meeting, by using any technology that reasonably allows the member to hear and participate in discussions as they happen, and such a member who so participates in the meeting shall be taken to be present at the meeting.

(2) The chairman may permit the participation of a member under paragraph (1), subject to such requirements as to confidentiality or such other conditions as he may think fit.

Decisions by Board outside meetings

14.—(1) The Board may, if it thinks fit, make any decision by the circulation of papers among all the members of the Board.

(2) A decision in writing made by a simple majority of the members for the time being entitled to take part in the decision in respect thereof shall be taken to be a decision of the Board, and shall be as valid and effectual as if it had been made at a meeting of the Board duly convened and held.

(3) Separate copies of a decision in writing may be distributed for signing by the members if the wording of the decision and approval is identical in each copy.

(4) For the purpose of a decision under this regulation, the chairman and each member shall have the same voting rights as they have at any meeting of the Board.

(5) The decision of the Board shall be made when the last member thereof required for the majority signs and his decision is duly delivered to the Secretary.

(6) The chairman may stipulate a period of time within which a decision may be made under this regulation.

(7) For the purposes of this regulation and regulation 15, papers including disclosures and decisions, may be circulated among members of the Board or delivered to the Secretary by hand or facsimile or electronic transmission of the information in the papers concerned.

Deliberations outside meetings

15. The Board may, if it thinks fit, deliberate on matters by the circulation of papers among all the members of the Board.

Lapsing of motion

16. A motion for decision by the Board lapses if —

(a)	the chairman or the member presiding at a meeting of the Board declines to exercise a casting vote in a case of an equality of votes; or
(b)	in a case of circulation of papers, the period of time stipulated by the chairman under regulation 14(6) expires before a decision is made by the majority of the members.

Made this 19th day of February 2010.

NIAM CHIANG MENG

Permanent Secretary,
Ministry of Community Development,
Youth and Sports,
Singapore.

[MCYS 76-83-01D; AG/LEG/SL/177A/2009/3 Vol. 1]

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