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Statutory Instruments

2005 No. 3126

POWERS OF ATTORNEY, ENGLAND AND WALES

MENTAL HEALTH, ENGLAND AND WALES

The Court of Protection (Enduring Powers of Attorney) (Amendment No. 2) Rules 2005

Made

8th November 2005

Laid before Parliament

10th November 2005

Coming into force

5th December 2005

The Lord Chancellor makes the following Rules in exercise of the powers conferred by sections 106 and 108 of the Mental Health Act 1983( 1 ):

Citation, commencement and interpretation

1. —(1) These Rules may be cited as the Court of Protection (Enduring Powers of Attorney) (Amendment No. 2) Rules 2005 and shall come into force on 5th December 2005.

(2) In these Rules a reference to a rule or Schedule by number alone is a reference to the rule or Schedule so numbered in the Court of Protection (Enduring Powers of Attorney) Rules 2001( 2 ).

Amendment to Court of Protection (Enduring Powers of Attorney) Rules 2001

2. In Schedule 1, for Form EP2 substitute the form set out in the Schedule to these Rules.

Transitional provisions

3. In relation to an application to register an enduring power of attorney which is received by the court on or after 5th December 2005, but before 1st April 2007 the reference in rule 7 to Form EP2 shall be treated as including a form which would have satisfied the requirements of Form EP2 if these Rules had not been made.

Signed by authority of the Lord Chancellor

Cathy Ashton

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

8th November 2005

Rule 2

SCHEDULE Form EP2

( 1 )

( 2 )

S.I. 2001/825 as amended by S.I. 2002/832 , S.I. 2002/1944 and S.I. 2005/668 .

1. Citation, commencement and interpretation

2. Amendment to Court of Protection (Enduring Powers of Attorney) Rules 2001

3. Transitional provisions

SCHEDULE Form EP2

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

The Court of Protection (Enduring Powers of Attorney) (Amendment No. 2) Rules 2005 (2005/3126)

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