Citation and commencement

1

These Regulations may be cited as the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2007 and shall come into force on 1 October 2007.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2007: see above.

Agency99 Contract Law99 Mental Health Support Services96 Mental Health96 Lasting Powers94 Health Law96 Powers of Attorney99 Commercial Law99

Amendment of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

2

Amendment of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 20072

The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 shall be amended in accordance with regulations 3 and 4 below.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2007: see reg 1.

Agency99 Contract Law99 Mental Health Support Services97 Mental Health97 Lasting Powers94 Health Law97 Powers of Attorney99 Commercial Law99

3

3

(1)    In the title of regulation 14 (Objection to registration: notice to Public Guardian) after the words “Public Guardian” insert “to be given by the donee of the power or a named person”.

(2)    In regulation 14(1) after the words “Public Guardian” insert “by the donee of the power or a named person”.

(3)    In regulation 14(2) for the words “any person” substitute “the donee of the power or a named person”.

(4)    In regulation 14(3)(b) omit the words “, if different”.

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2007: see reg 1.

Contract Law99 Agency99 Mental Health96 Mental Health Support Services96 Powers of Attorney99 Commercial Law99 Health Law96

4

4

Insert as regulation 14A—

“14A Objection to registration: notice to Public Guardian to be given by the donor

(1)    This regulation deals with any objection to the registration of an instrument as a lasting power of attorney which is to be made to the Public Guardian by the donor of the power.

(2)    Where the donor of the power—

(a)    is entitled to receive notice under paragraph 8 of Schedule 1 to the Act of an application for the registration of the instrument, and

(b)    wishes to object to the registration,

he must do so before the end of the period of 5 weeks beginning with the date on which the notice is given.

(3)    The donor of the power must give notice of his objection in writing to the Public Guardian, setting out—

(a)    the name and address of the donor of the power;

(b)    if known, the name and address of the donee (or donees); and

(c)    the ground for making the objection.”

NOTES
Initial Commencement
Specified date

Specified date: 1 October 2007: see reg 1.

Agency93 Contract Law93 Mental Health Support Services96 Mental Health96 Lasting Powers92 Health Law96 Powers of Attorney93 Commercial Law93

Signature

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

22nd July 2007

Contract Law99 Agency99 Powers of Attorney99 Commercial Law99

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 by disapplying regulation 14 to objections to registration of the instrument creating the power made by the donor of a lasting power of attorney and inserting a new regulation 14A which deals solely with objections to registration made by the donor. The new regulation 14A prescribes a period of 5 weeks for such objections.

Agency95 Contract Law95 Mental Health Support Services94 Mental Health94 Lasting Powers93 Health Law94 Powers of Attorney95 Commercial Law95