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STATUTORY INSTRUMENTS

2005 No. 3116

POWERS OF ATTORNEY, ENGLAND AND WALES

MENTAL HEALTH, ENGLAND AND WALES

The Enduring Powers of Attorney (Prescribed Form) (Amendment) Regulations 2005

  Made 8th November 2005 
  Laid before Parliament 10th November 2005 
  Coming into force 5th December 2005 

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by section 2(2) of the Enduring Powers of Attorney Act 1985[1]:

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Enduring Powers of Attorney (Prescribed Form) (Amendment) Regulations 2005 and shall come into force on 5th December 2005.

    (2) In these Regulations, a reference to the Schedule is a reference to the Schedule to the Enduring Powers of Attorney (Prescribed Form) Regulations 1990[2].

Amendments to the Enduring Power of Attorney (Prescribed Form) Regulations 1990
     2. For the Schedule substitute the Schedule to these Regulations.

Transitional provision
     3. A power executed in the form prescribed in the Schedule as though it had not been substituted by these Regulations and executed by the donor before 1st April 2007 shall be capable (whether or not seals are affixed to it) of being a valid enduring power of attorney.



Signed by authority of the Lord Chancellor


Cathy Ashton
Parliamentary Under Secretary of State, Department for Constitutional Affairs

8th November 2005



SCHEDULE
Regulation 2






EXPLANATORY NOTE

(This note is not part of the Regulations)


These regulations amend the Enduring Powers of Attorney (Prescribed Form) Regulations 1990 (S.I. 1990/1376) so as to substitute a new prescribed form for an Enduring Power of Attorney. The prescribed form must be used in order to make an Enduring Power of Attorney. However regulation 3 permits the continued use, before 1st April 2007, of the form which is replaced by the new prescribed form.

Notes:

 [1] 1985 c.29.back

[2] S.1. 1990/1376.back


ISBN 0 11 073601 X


 © Crown copyright 2005

Prepared 14 November 2005

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URL: http://www.bailii.org/uk/legis/num_reg/2005/20053116.html