On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 17/10/2008.
PART IX
MISCELLANEOUS
41.
—(1) The Minister may issue one or more codes of practice —
(a)
for the guidance of persons assessing whether a person has capacity in relation to any matter;
(b)
for the guidance of persons acting in connection with the care or treatment of another person;
(c)
for the guidance of donees of lasting powers of attorney;
(d)
for the guidance of deputies appointed by the court; and
(e)
with respect to such other matters concerned with this Act as he thinks fit.
(2) The Minister may publish any such code of practice, including any revocation, variation, revision or amendment thereto in such manner as he thinks fit.
(3) The Minister may revoke, vary, revise or amend the whole or any part of any code of practice issued under this section in such manner as he thinks fit.
(4) The Minister may delegate any power under this section so far as he considers expedient.
(5) It is the duty of a person to have regard to any relevant code if he is acting in relation to a person who lacks capacity and is doing so in one or more of the following ways:
(a)
as the donee of a lasting power of attorney;
(b)
as a deputy appointed by the court;
(c)
in a professional capacity; or
(d)
for remuneration.
(6) If it appears to a court conducting any civil or criminal proceedings that —
(a)
a provision of a code of practice; or
(b)
a failure to comply with a code of practice,
is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question.
(7) For the avoidance of doubt, any code of practice issued under this section shall be deemed not to be subsidiary legislation.
42.
—(1) Subsection (2) applies if a person (“D”) —
(a)
has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity;
(b)
is the donee of a lasting power of attorney created by P; or
(c)
is a deputy appointed by the court for P,
and P is 16 years of age or above.
(2) D shall be guilty of an offence if he ill-treats or causes, procures or knowingly permits P to be ill-treated by any other person.
(3) For the purposes of this section, D ill-treats P if D —
(a)
subjects P to physical or sexual abuse;
(b)
wilfully or unreasonably does, or causes P to do, any act which endangers or is likely to endanger the safety of P or which causes or is likely to cause P —
(i)
any unnecessary physical pain, suffering or injury;
(ii)
any emotional injury; or
(iii)
any injury to his health or development; or
(c)
wilfully or unreasonably neglects, abandons or exposes P with full intention of abandoning P or in circumstances that are likely to endanger the safety of P or to cause P —
(i)
any unnecessary physical pain, suffering or injury;
(ii)
any emotional injury; or
(iii)
any injury to his health or development.
(4) For the purpose of subsection (3)(c), D shall be deemed to have neglected P in circumstances likely to cause him unnecessary physical pain, suffering or injury or emotional injury or injury to his health or development if D wilfully or unreasonably neglects to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for P.
(5) D may be convicted of an offence under this section notwithstanding —
(a)
that any actual suffering or injury on the part of P or the likelihood of any suffering or injury on the part of P was obviated by the action of another person; or
(b)
the death of P.
(6) Subject to subsection (7), any person who is guilty of an offence under this section shall be liable on conviction —
(a)
in the case where death is caused to P, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both; and
(b)
in any other case, to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 4 years or to both.
(7) The court may, in lieu of or in addition to any punishment specified in subsection (6), order the person guilty of an offence under this section to execute a bond, with or without sureties, as the court may determine, to be of good behaviour for such period as the court thinks fit, and may include in such bond a condition requiring such person to undergo such counselling, psychotherapy or other programme as may be specified therein.
(8) If a person who is ordered to execute a bond of good behaviour under subsection (7) fails to comply with any of the conditions of such bond, he shall —
(a)
if such bond is in lieu of a penalty under subsection (6), be liable to the penalty provided for in that subsection; or
(b)
if such bond is in addition to a penalty under subsection (6), be liable to a further fine not exceeding $20,000 or to a further term of imprisonment not exceeding 7 years or to both.
(9) In this section, “court” means any court of competent jurisdiction.
43.
—(1) Any person who knows or has reason to suspect that a person who lacks capacity is in need of care or protection may make a notification to the Public Guardian of the facts and circumstances on which his knowledge or suspicion is based.
(2) Any health care worker who makes a notification under subsection (1) —
(a)
shall not, by virtue of doing so, be held in any proceedings before any court or tribunal or in any other respect to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and
(b)
insofar as he has acted in good faith, shall incur no civil or criminal liability in respect of the notification or the provision of any information contained in the notification.
(3) In subsection (2), “health care worker” means any registered medical practitioner, dentist registered under the Dental Registration Act (Cap. 76), pharmacist registered under the Pharmacists Registration Act 2007 (Act 48 of 2007), therapist, psychologist, social worker, counsellor, nurse, attendant or other person providing health care services.
(4) Any person appearing as a witness in any proceedings in any court or tribunal or before a person authorised by law to hear evidence shall not be compelled —
(a)
to disclose the identity of any person who has made a notification under subsection (1), or any information likely to lead to the disclosure of the identity of such a person; or
(b)
to produce any report or document which identifies, or is likely to identify, any person who has made a notification under subsection (1).
(5) In this section, “court” means any court of competent jurisdiction.
44. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
45. The Minister may, by order published in the Gazette, amend, add to or vary the First, Second or Fourth Schedule.
46. The Minister may make such regulations as may be necessary or expedient for carrying out the purposes and provisions of this Act and for prescribing anything that may be required or authorised to be prescribed by this Act.
47. The provisions of the Acts specified in the first column of the Third Schedule are amended in the manner set out in the second column thereof.
48. The provisions of the Fourth Schedule shall have effect with respect to transitional matters arising from the repeal of Part I of the Mental Disorders and Treatment Act (Cap. 178).