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STATUTORY INSTRUMENTS

2005 No. 3125

POWERS OF ATTORNEY, ENGLAND AND WALES

MENTAL HEALTH, ENGLAND AND WALES

The Enduring Powers of Attorney (Welsh Language Prescribed Form) 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] as extended by section 26(3) of the Welsh Language Act 1993[2]:

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

Welsh language prescribed form
     2. The form of words in the Schedule to these Regulations may be used instead of that set out in the Schedule to the Enduring Powers of Attorney (Prescribed Form) Regulations 1990[3].

Revocation
     3. The Enduring Powers of Attorney (Welsh Language Prescribed Form) Regulations 2000[4] are revoked except that a power executed in the form prescribed in the Schedule to those 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 1
Regulation 2






EXPLANATORY NOTE

(This note is not part of the Regulations)


These regulations revoke the Enduring Powers of Attorney (Welsh Language Prescribed Form) Regulations 2000 (S.I. 2000/289) and provide a new Welsh language version of the prescribed form for an Enduring Power of Attorney. The prescribed form (either the English or Welsh language version) 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] 1993 c.38.back

[3] S.I. 1990/1376 as amended by S.I. 2005/3116.back

[4] S.I. 2000/289.back


ISBN 0 11 073602 8


 © Crown copyright 2005

Prepared 14 November 2005

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URL: http://www.bailii.org/uk/legis/num_reg/2005/20053125.html