Singapore legislation
Clause 68
Clause 68
Related amendments to Mental Capacity Act
(1)
Section 2(1) of the Mental Capacity Act (Cap. 177A, 2010 Ed.) is amended by inserting, immediately before the definition of “clinical trial”, the following definition:“ “appropriate consent” has the same meaning as in the Human Biomedical Research Act 2015;”.
(2)
Section 6 of the Mental Capacity Act is amended by inserting, immediately after subsection (5), the following subsection:“(5A) Where the determination relates to the giving, refusal or revocation of —
appropriate consent of the person concerned under the Human Biomedical Research Act 2015, the person must take into account such matters, considerations and procedures as may be prescribed under Part 3 of that Act; or
consent of the person concerned under any written law relating to a clinical trial, the person must take into account such matters, considerations and procedures as may be prescribed in such written law.”.
(3)
Section 7(3) of the Mental Capacity Act is amended —
by deleting the word “or” at the end of paragraph (b); and (b)by deleting the full-stop at the end of paragraph (c) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(d)applies to the conduct of human biomedical research within the meaning of the Human Biomedical Research Act 2015 or the removal or use of human tissue under that Act.”.
(4)
Section 13 of the Mental Capacity Act is amended by inserting, immediately after subsection (7), the following subsection:“(7A) Where a lasting power of attorney authorises the donee (or, if more than one, any of them) to make decisions about P’s personal welfare, the authority extends to giving, refusing or revoking appropriate consent involving P under the Human Biomedical Research Act 2015 if, and only if, the instrument contains express provision to that effect.”.
(5)
Section 22(1) of the Mental Capacity Act is amended by inserting, immediately after paragraph (d), the following paragraph:“(da)giving, refusing or revoking of appropriate consent involving P under the Human Biomedical Research Act 2015; and”.
(6)
The Mental Capacity Act is amended by renumbering section 29 as subsection (1) of that section, and by inserting immediately thereafter the following subsection:“(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 —
the Human Biomedical Research Act 2015; or (b)any written law relating to a clinical trial.”.