61.—(1) If any document executed by an attorney is delivered to the land registry, there must be produced to the registrar—
(a)the instrument creating the power, or
(b)a copy of the power by means of which its contents may be proved under section 3 of the Powers of Attorney Act 1971 M1, or
[F1(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]
(d)a certificate by a conveyancer in Form 1.
[F2(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 this rule, “power” means the power of attorney.
Textual Amendments
F1Rule 61(1)(c) substituted (1.10.2007) by The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007 (S.I. 2007/1898), art. 1, Sch. 1 para. 31(2)(a)
F2Rule 61(2) substituted (1.10.2007) by The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007 (S.I. 2007/1898), art. 1, Sch. 1 para. 31(2)(b)
Marginal Citations