3.—(1) This rule applies where a member lacks capacity within the meaning of section 4 of the Mental Capacity Act (Cap. 177A), and the court makes an order under section 20(2)(a) of the Mental Capacity Act in relation to the executing under section 25(1) of the Act, on the member’s behalf, of a memorandum nominating any person specified in the order to receive the whole or any portion of —
(a)
the amount payable on the death of the member out of the Fund under section 20(1)(b) or (1A) of the Act; or
[S 814/2010 wef 01/01/2011]
(b)
any shares designated under section 26(1) of the Act.
(2) The order must authorise a person (referred to in this rule as the authorised person) to execute the memorandum on the member’s behalf.
(3) Any nomination made in pursuance of the order must —
(a)
in the case of a nomination made before 1st January 2011 —
(i)
be in Form 5A;
[S 46/2012 wef 06/02/2012]
(ii)
state that it is signed by the member acting by the authorised person;
(iii)
be signed by the authorised person with the names of the member and the authorised person, in the presence of 2 witnesses;
(iv)
contain an attestation by those witnesses to the signature of the authorised person; and
(v)
be sealed with the official seal of the court; or
(b)
in any other case —
(i)
be in Form 6A(1) or 6A(2), and be supplemented with Form C; or
[S 46/2012 wef 06/02/2012]
(ii)
be in Form 6A(3).
[S 46/2012 wef 06/02/2012]
(4) A nomination made in accordance with this rule is subject to these Rules, and has the same effect for all purposes as if —
(a)
the member had the capacity to make a nomination under section 25(1) of the Act; and
(b)
the nomination had been made by the member in accordance with rule 2.