Citation and commencement

1. These Regulations may be cited as the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2013, and come into force on 1st April 2013.

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

2. —(1)The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007( 2 ) (“the 2007 Regulations”) are amended in accordance with regulations 3 to 12.

(2) In these Regulations, a reference to a regulation by number alone is a reference to that regulation so numbered in the 2007 Regulations.

3. In regulation 12, for “6 weeks” substitute “4 weeks”.

4. In regulation 14(2)( 3 ), for “5 weeks” substitute “3 weeks”.

5. In regulation 14A(2)( 4 ), for “5 weeks” substitute “3 weeks”.

6. In regulation 15(3), for “5 weeks” substitute “3 weeks”.

7. After regulation 35(3), insert—

“ (4) The Public Guardian must, if satisfied as to the matters in paragraph (3), provide written notice of that fact to S within 2 weeks of being given notification in accordance with regulation 33(3)(b) in relation to the new security. ” .

8. In regulation 37—

(a) after regulation 37(3)( 5 ) insert—

“ (3A) Where S has replaced a security (“the original security”) previously given by S and the Public Guardian has provided notice in accordance with regulation 35(4), the original security shall stand discharged 2 years from the date on which that notice was issued unless discharged by earlier order of the court upon application under paragraph (2) ” ;

(b) after regulation 37(4) insert—

“ (5) For the purposes of paragraph (3A), if a person takes any step otherwise than under paragraph (2) with a view to discharging the original security before the end of the period specified paragraph (3A), the security is to be treated for all purposes as if it were still in place. ” .

9. In Schedule 1( 6 )—

(a) in Part 1, (“Form for instrument intended to create a property and financial lasting power of attorney”), on page 2 of that form, under the heading “What happens after you’ve filled it in?”, in the sentence starting “This means the earliest…”, for “6” substitute “4”;

(b) in Part 2, (“Form for instrument intended to create a health and welfare power of attorney”), on page 2 of that form, under the heading “What happens after you’ve filled it in?”, in the sentence starting “This means the earliest…” for “6” substitute “4”.

10. In Schedule 2, in form LPA 001—

(a) on the first page, in the words in the box beginning “To the named person”, for “five weeks” written in bold type substitute “three weeks” written in bold type;

(b) on the fourth page—

(i) in the words immediately following the title “How to object to the registering of a Lasting Power of Attorney (LPA)”, for the words “five weeks” written in bold type, substitute “three weeks” written in bold type;

(ii) in the words under the heading “(A) Factual Grounds”, in the paragraph beginning “You have the right to object.”, for “five weeks” substitute “three weeks”.

11. In Part 1 of Schedule 4, in form LPA 003A (“Notice to an attorney of receipt of an application to register a Lasting Power of Attorney”)—

(a) on the first page—

(i) for “five weeks” substitute “three weeks”;

(ii) omit “(We will treat this notice as having been given two days after the date below.)”;

(b) on the second page—

(i) in the words following the heading “How to object to the registering of a Lasting Power of Attorney (LPA)”, for the words “five weeks” written in bold type substitute “three weeks” written in bold type;

(ii) in the words under the heading “(A) Factual Grounds”, in the paragraph beginning “You have the right to object”, for the words “five weeks” substitute “three weeks”.

12. In Part 2 of Schedule 4, in form LPA 003B (“Notice to donor of receipt of an application to register a Lasting Power of Attorney”), on the first page—

(a) for “five weeks” substitute “three weeks”;

(b) omit “(We will treat this notice as having been given two days after the date below.)”.

Transitional arrangements

13. —(1) Subject to sub-paragraph (2), regulations 3 to 6 of these Regulations apply where the application to register a lasting power of attorney is received by the Public Guardian on or after 1st April 2013.

(2) Regulations 3 to 6 of these Regulations do not apply where the notice required by paragraph 6 of Schedule 1 to the 2005 Act was given on or before 31st March 2013.

(3) The amendment made by regulation 8 of these Regulations applies to any original security in relation to which the Public Guardian provides written notice to S in accordance with the amendment made by regulation 7 of these Regulations regarding the new security on or after 1st April 2013.

(4) Where notice under paragraph 6 of Schedule 1 to the 2005 Act is given to a named person on or before 30th September 2013 in the form in Schedule 2 to the 2007 Regulations without amendment as required by regulation 10 of these Regulations—

(i) a notice of objection to registration received by the Public Guardian from that named person on or before the end of the period of 5 weeks beginning with the date on which the notice is given shall be deemed to have been given within the 3 week period required by regulation 14(2) as amended by regulation 4 of these Regulations; and

(ii) an application to the court received by the court from that named person on or before the end of the period of 5 weeks beginning with the date on which the notice is given shall be deemed to have been received within the 3 week period required by regulation 15(3) as amended by regulation 6 of these Regulations.

(5) In this regulation—

“the 2005 Act” means the Mental Capacity Act 2005;

“named person” has the meaning given by regulation 2.