The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

Objection to registration: notice to Public Guardian [F1 to be given by the donee of the power or a named person] E+W

14.—(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 [F2 by the donee of the power or a named person].

(2) Where [F3 the donee of the power or a named person] —

(a) is entitled to receive notice under paragraph 6, 7 or 8 of Schedule 1 to the Act of an application for the registration of the instrument, and

(b) wishes to object to registration on a ground set out in paragraph 13(1) of Schedule 1 to the Act,

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

(3) A notice of objection must be given in writing, setting out—

(a) the name and address of the objector;

(b) F4 ... the name and address of the donor of the power;

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

(d) the ground for making the objection.

(4) The Public Guardian must notify the objector as to whether he is satisfied that the ground of the objection is established.

(5) At any time after receiving the notice of objection and before giving the notice required by paragraph (4), the Public Guardian may require the objector to provide such further information, or produce such documents, as the Public Guardian reasonably considers necessary to enable him to determine whether the ground for making the objection is established.

(6) Where—

(a) the Public Guardian is satisfied that the ground of the objection is established, but

(b) by virtue of section 13(7) of the Act, the instrument is not revoked,

the notice under paragraph (4) must contain a statement to that effect.

(7) Nothing in this regulation prevents an objector from making a further objection under paragraph 13 of Schedule 1 to the Act where—

(a) the notice under paragraph (4) indicates that the Public Guardian is not satisfied that the particular ground of objection to which that notice relates is established; and

(b) the period specified in paragraph (2) has not expired.

Textual Amendments

F1 Words in reg. 14 title inserted (1.10.2007) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2007 (S.I. 2007/2161), regs. 1, 3(1)

F2 Words in reg. 14(1) inserted (1.10.2007) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2007 (S.I. 2007/2161), regs. 1, 3(2)

F3 Words in reg. 14(2) substituted (1.10.2007) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2007 (S.I. 2007/2161), regs. 1, 3(3)

F4 Words in reg. 14(3)(b) omitted (1.10.2007) by virtue of The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2007 (S.I. 2007/2161), regs. 1, 3(4)