SCHEDULES
SCHEDULE 1 Consequential amendments relating to deeds
The Law of Property Act 1925
1
The M1Law of Property Act 1925 shall be amended as follows.
2
In section 52(2)(e) for the words “not required by law to be under seal” there shall be substituted the words “
other than those falling within section 115 below
”
.
3
In section 74(2) for the words “not under seal” there shall be substituted the words “
which is not a deed
”
.
4
In section 80(1) for the words from “under” to “eighty-one” there shall be substituted the words “
made under seal after 31st December 1881 but before the coming into force of section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 or executed as a deed in accordance with that section after its coming into force
”
.
5
The following subsection shall be added at the end of section 81—
5
In its application to instruments made after the coming into force of section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 subsection (1) above shall have effect as if for the words “under seal, and a bond or obligation under seal,” there were substituted the words “bond or obligation executed as a deed in accordance with section 1 of the Law of Property (Miscellaneous Provisions) Act 1989”.
The Powers of Attorney Act 1971
6
In section 1 of the M2Powers of Attorney Act 1971—
a
in subsection (1), for the words “signed and sealed by, or by direction and in the presence of,” there shall be substituted the words “
executed as a deed by
”
; and
b
subsection (2) shall cease to have effect.
7
1
The following words shall be substituted for the words from the beginning of subsection (1) of section 7 of that Act to the end of paragraph (a)—
7
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
2
In subsection (2) of that section—
a
the words “or (4)” shall cease to have effect; and
b
for the words “those subsections” there shall be substituted the words “
that subsection
”
.
The Solicitors Act 1974
8
In section 22(3)(b) of the M3Solicitors Act 1974 for the words “under seal” these shall be substituted the words “
intended to be executed as a deed
”
.
SCHEDULE 2 Repeals
Chapter . | Short Title | Extent |
15 & 16 Geo. 5 c. 20. | The Law of Property Act 1925. | Section 40. |
Section 73. | ||
In section 74(3), the words “and in the case of a deed by affixing his own seal,”. | ||
1971 c. 27. | The Powers of Attorney Act 1971. | Section 1(2). |
In section 7, subsection (1), the words “and seal” and in subsection (2), the words “or (4)”. |