The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2013

Transitional arrangements

13.—(1) Subject to sub-paragraph (2), regulations 3 to 6 of these Regulations apply where the application to register a lasting power of attorney is received by the Public Guardian on or after 1st April 2013.

(2) Regulations 3 to 6 of these Regulations do not apply where the notice required by paragraph 6 of Schedule 1 to the 2005 Act was given on or before 31st March 2013.

(3) The amendment made by regulation 8 of these Regulations applies to any original security in relation to which the Public Guardian provides written notice to S in accordance with the amendment made by regulation 7 of these Regulations regarding the new security on or after 1st April 2013.

(4) Where notice under paragraph 6 of Schedule 1 to the 2005 Act is given to a named person on or before 30th September 2013 in the form in Schedule 2 to the 2007 Regulations without amendment as required by regulation 10 of these Regulations—

(i) a notice of objection to registration received by the Public Guardian from that named person on or before the end of the period of 5 weeks beginning with the date on which the notice is given shall be deemed to have been given within the 3 week period required by regulation 14(2) as amended by regulation 4 of these Regulations; and

(ii) an application to the court received by the court from that named person on or before the end of the period of 5 weeks beginning with the date on which the notice is given shall be deemed to have been received within the 3 week period required by regulation 15(3) as amended by regulation 6 of these Regulations.

(5) In this regulation—

“the 2005 Act” means the Mental Capacity Act 2005;

“named person” has the meaning given by regulation 2.