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Powers of Attorney Act 1971
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- 1971 c. 27
- Section 7
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7 Execution of instruments etc. by donee of power of attorney.E+W
[F1(1)If the donee of a power of attorney is an individual, he may, if he thinks fit—
(a)execute any instrument with his own signature, and]
(b)do any other thing in his own name,
by the authority of the donor of the power; and any [F2instrument executed or thing done in that manner shall, subject to subsection (1A) of this section, be as effective as if executed by the donee in any manner which would constitute due execution of that instrument by the donor or, as the case may be, as if done by the donee in the name of the donor].
[F3(1A)Where an instrument is executed by the donee as a deed, it shall be as effective as if executed by the donee in a manner which would constitute due execution of it as a deed by the donor only if it is executed in accordance with section 1(3)(a) of the Law of Property (Miscellaneous Provisions) Act 1989.]
(2)For the avoidance of doubt it is hereby declared that an instrument to which subsection (3) . . . F4 of section 74 of the M1Law of Property Act 1925 applies may be executed either as provided in [F5that subsection] or as provided in this section.
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)This section applies whenever the power of attorney was created.
Textual Amendments
F1Words from the beginning of s. 7(1) to the end of para. (a) substituted by Law of Property (Miscellaneous Provisions) Act 1989 (c. 34, SIF 98:1), s. 1(8)(9)(11), Sch. 1 para. 7(1)
F2Words in s. 7(1) substituted (15.9.2005) by Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), art. 1(1), Sch. 1 para. 6
F3S. 7(1A) inserted (15.9.2005) by Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), art. 1(1), Sch. 1 para. 7
F4Words repealed by Law of Property (Miscellaneous Provisions) Act 1989 (c. 34, SIF 98:1), ss. 1(8)(9)(11), 4, Sch. 1 para. 7(2)(a), Sch. 2
F5Words substituted by Law of Property (Miscellaneous Provisions) Act 1989 (c. 34, SIF 98:1), s. 1(8)(9)(11), Sch. 1 para. 7(2)(b)
F6S. 7(3) repealed (15.9.2005) by Regulatory Reform (Execution of Deeds and Documents) Order 2005 (S.I. 2005/1906), art. 1(1), Sch. 1 para. 8, Sch. 2
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