The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 No. 1253

PART 4 E+W FUNCTIONS OF THE PUBLIC GUARDIAN

Security for discharge of functions E+W

Security given under regulation 33(2)(a): requirement for endorsement E+W

34.—(1) This regulation has effect for the purposes of regulation 33(2)(a).

(2) A bond is entered into in accordance with this regulation only if it is endorsed by—

(a) an authorised insurance company; or

(b) an authorised deposit-taker.

(3) A person may enter into the bond under—

(a) arrangements made by the Public Guardian; or

(b) other arrangements which are made by the person entering into the bond or on his behalf.

(4) The Public Guardian may make arrangements with any person specified in paragraph (2) with a view to facilitating the provision by them of bonds which persons required to give security to the Public Guardian may enter into.

(5) In this regulation—

“authorised insurance company” means—

(a)

a person who has permission under Part 4 of the Financial Services and Markets Act 2000 M1 to effect or carry out contracts of insurance;

(b)

F1 ...

(c)

a person who carries on insurance market activity (within the meaning given in section 316(3) of that Act); and

“authorised deposit-taker” means—

(a)

a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits;

(b)

F2 ...

(6) The definitions of “authorised insurance company” and “authorised deposit-taker” must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order M2 under that section; and

(c) Schedule 2 to that Act.

Textual Amendments

F1 Words in reg. 34(5) omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 53(a) (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 34(5) omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 53(b) (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 2000 c.8.

M2 S.I. 2001/544, as amended by S.I. 2001/3544, 2002/682, 1310, 1776 and 1777, 2003/1475, 1476 and 2822, 2004/1610 and 2737, 2005/593, 1518 and 2967 and 2006/1969, 2383 and 3221.