The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007

Land Registration Rules 2003

31.—(1) Rule 61 (documents executed by attorney) of, and Schedule 3 (forms referred to in rule 206) to, the Land Registration Rules 2003(1) are amended in accordance with this paragraph.

(2) In rule 61—

(a) for paragraph (1)(c) substitute—

“(c) a document which under section 4 of the Evidence and Powers of Attorney Act 1940, paragraph 16 of Part 2 of Schedule 1, or paragraph 15(3) of Part 5 of Schedule 4 to the Mental Capacity Act 2005 (c.9) is sufficient evidence of the contents of the power, or”; and

(b) for paragraph (2) substitute—

“(2) If an order or direction under section 22 or 23 of, or paragraph 16 of Part 5 of Schedule 4 to, the Mental Capacity Act 2005 has been made with respect to a power or the donor of the power or the attorney appointed under it, the order or direction must be produced to the registrar.”.

(3) In Schedule 3—

(a) in Form 1 (certificate as to execution of power of attorney (rule 61))—

(i) for the first bullet point substitute—

• “the power of attorney (“the power”) is in existence [and is made and, where required, has been registered under (state statutory provisions under which the power is made and, where required, has been registered, if applicable)],”, and

(ii) in the fourth bullet point, for the words “or section 7(3) of the Enduring Powers of Attorney Act 1985”, substitute—

• “, paragraph 16 of Part 2 of Schedule 1, or paragraph 15(3) of Part 5 of Schedule 4 to the Mental Capacity Act 2005”; and

(b) in Form 2 (statutory declaration/certificate as to non-revocation for powers more than 12 months old at the date of the disposition for which they are used (rule 62) –

(i) in the third bullet point, for the words “valid enduring power”, substitute “valid lasting or enduring power of attorney”,

(ii) after the third bullet point, insert—

• “Where the power is in the form prescribed for a lasting power of attorney—

  • that a lasting power of attorney was not created, or

  • of circumstances which, if the lasting power of attorney had been created, would have terminated the attorney’s authority to act as an attorney, or”, and

(iii) in the heading immediately before the fourth bullet point, after the words “enduring power”, insert “of attorney”.

(1)

S.I. 2003/1417, to which there are amendments not relevant to this Order.