My bookmarksSign up free

Mental Capacity Act 2008 PART 6 — EXCLUDED DECISIONS AND DECLARATORY PROVISIONS

s 26–s 29 · 4 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Excluded decisions

s 26

26. Nothing in this Act permits a decision on any of the following matters to be made on behalf of a person:(a) consenting to marriage; (b) consenting to touching of a sexual nature; (c) consenting to a decree of divorce being granted on the basis of 3 years’ separation; (d) consenting or revoking consent to the making of an adoption order under the Adoption of Children Act 2022 or any corresponding previous written law;[Act 20 of 2022 wef 15/10/2024] (e) adopting or renouncing a religion; (f) receiving treatment for change of gender; (g) consenting or revoking consent to treatment for sexual sterilisation within the meaning of the Voluntary Sterilisation Act 1974; (h) consenting or revoking consent to treatment to terminate pregnancy; (i) registering or withdrawing an objection under section 8 of the Human Organ Transplant Act 1987 in respect of removal of an organ from the person upon his death; (j) making or revoking an advance medical directive under section 3 or 7 of the Advance Medical Directive Act 1996; (k) making or revoking a gift of a body or any part thereof under section 3 or 9 of the Medical (Therapy, Education and Research) Act 1972; (l) such other matter as may be prescribed.

Mental Health (Care and Treatment) Act 2008 matters

s 27

27.—(1) Nothing in this Act authorises anyone —(a) to give a patient medical treatment for mental disorder; or (b) to consent to a patient’s being given medical treatment for mental disorder, if, at the time when it is proposed to treat the patient, his or her treatment is regulated by the Mental Health (Care and Treatment) Act 2008. (2) In this section, “treatment” and “mental disorder” have the meanings given by the Mental Health (Care and Treatment) Act 2008.

Voting rights

s 28

28. Nothing in this Act permits a decision on voting at an election for any public office, or at a national referendum, to be made on behalf of a person.

Scope of Act

s 29

29.—(1) To avoid doubt, it is declared that nothing in this Act is to be taken to affect the law relating to murder, culpable homicide not amounting to murder or abetment of suicide.[29/2015] (2) To avoid doubt, it is declared that nothing in this Act is to be taken to affect the giving, refusing or revoking of consent on behalf of a person who lacks mental capacity by a person who is expressly authorised to do so under —(a) the Human Biomedical Research Act 2015; or (b) any written law relating to a clinical trial.[29/2015]

Back to Mental Capacity Act 2008 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

The Singapore legislation on this platform is subject to copyright of the Singapore Government and is used/reproduced for the purposes of this platform with the permission of the Attorney-General's Chambers. Users of this platform may check Singapore Statutes Online for the latest version of the Singapore legislation.

What to look at next