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No. S 117

Central Provident Fund Act

(Chapter 36)

Central Provident Fund
(Mental Capacity) Regulations 2010

In exercise of the powers conferred by sections 2(4) and 77(1)(s) of the Central Provident Fund Act, the Minister for Manpower, after consulting with the Central Provident Fund Board, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Central Provident Fund (Mental Capacity) Regulations 2010 and shall come into operation on 1st March 2010.

Application of Mental Capacity Act 2008 to member

2. Except as otherwise expressly provided in any other subsidiary legislation made under the Act, where a member lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 (Act 22 of 2008), any thing which the member might have done, or which would have applied to him, under any provision of the Act, if he had such capacity, and any thing which would have applied to him in any event under any provision of the Act, may likewise be done by, or will likewise apply to —

(a)	a deputy appointed or deemed to be appointed for the member by the court under the Mental Capacity Act 2008 with power in relation to the member for the purposes of the Act; or
(b)	a donee under a lasting power of attorney registered under the Mental Capacity Act 2008 with power in relation to the member for the purposes of the Act.

Application of Mental Capacity Act 2008 to nominee of member

3. Except as otherwise expressly provided in any other subsidiary legislation made under the Act, where a person nominated by a member under section 25(1) of the Act lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 (Act 22 of 2008), any thing which the person might have done, or which would have applied to the person, under any provision of the Act, if the person had such capacity, and any thing which would have applied to the person in any event under any provision of the Act, may likewise be done by, or will likewise apply to —

(a)	a deputy appointed or deemed to be appointed for the person by the court under the Mental Capacity Act 2008 with power in relation to the person for the purposes of the Act; or
(b)	a donee under a lasting power of attorney registered under the Mental Capacity Act 2008 with power in relation to the person for the purposes of the Act.

Application of Mental Capacity Act 2008 to spouse of member

4. Except as otherwise expressly provided in any other subsidiary legislation made under the Act, where the spouse of a member lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 (Act 22 of 2008), any thing which the spouse might have done, or which would have applied to the spouse, under any provision of the Act, if the spouse had such capacity, and any thing which would have applied to the spouse in any event under any provision of the Act, may likewise be done by, or will likewise apply to —

(a)	a deputy appointed or deemed to be appointed for the spouse by the court under the Mental Capacity Act 2008 with power in relation to the spouse for the purposes of the Act; or
(b)	a donee under a lasting power of attorney registered under the Mental Capacity Act 2008 with power in relation to the spouse for the purposes of the Act.

Made this 24th day of February 2010.

LOH KHUM YEAN

Permanent Secretary,
Ministry of Manpower,
Singapore.

[MMS 7/68 V54; AG/LLRD/SL/36/2010/9 Vol. 1]

(To be presented to Parliament under section 78(2) of the Central Provident Fund Act).