The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2019

• Citation: S.I. 2019/1030
• Sections: 13

Section 1 Citation and commencement and interpretation

These Regulations may be cited as the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2019 and come into force on 31st July 2019.

Section 2 Citation and commencement and interpretation

In these Regulations—

(a) “the 2007 Regulations” means the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 ; and

(b) a reference to a regulation by number alone is a reference to that regulation so numbered in the 2007 Regulations.

Section 3 Amendments to the 2007 Regulations

The 2007 Regulations are amended in accordance with regulations 4 to 13.

Section 4 Amendments to the 2007 Regulations

In regulation 2 (interpretation)—

(a) before the definition of “the Act”, insert—

“the 2017 Act” means the Guardianship (Missing Persons) Act 2017 ;

(b) in the definition of “court”, at the end insert “or in relation to proceedings under the 2017 Act the court for the time being designated by the Lord Chancellor under section 23 of the 2017 Act”;

(c) after the definition of “court”, insert—

“guardian” has the meaning given in the 2017 Act;

“guardianship order” has the meaning given in the 2017 Act;”.

Section 5 Amendments to the 2007 Regulations

In regulation 30(1) (establishing and maintaining the registers)—

(a) in sub-paragraph (b), omit “and”;

(b) in sub-paragraph (c), at the end insert “and”;

(c) after sub-paragraph (c), insert—

(d) the register of guardianship orders,

Section 6 Amendments to the 2007 Regulations

In regulation 37 (discharge of any endorsed security)—

(a) in paragraph (3)(a), omit “or”;

(b) after paragraph (3)(a), insert—

(aa) if, in respect of the person on whose behalf S was appointed to act, the court makes a declaration of presumed death under section 2(1) of the Presumption of Death Act 2013 , until the end of the period of 2 years beginning on the date the court makes the declaration of presumed death; or

(c) after paragraph (5) insert—

(6) For the purposes of paragraph (3)(aa), “the court” means the High Court.

Section 7 Amendments to the 2007 Regulations

After regulation 37, in the sub-part heading for “Deputies”, at the end insert “and Guardians”.

Section 8 Amendments to the 2007 Regulations

In regulation 38 (application for additional time to submit a report)—

(a) in paragraphs (1) and (2), after “deputy” insert “or a guardian”;

(b) in paragraph (4), after “the deputy’s” insert “or the guardian’s”.

Section 9 Amendments to the 2007 Regulations

In regulation 39 (content of reports)—

(a) in paragraph (1), after “a deputy” insert “or a guardian”;

(b) in paragraph (4) after “section 16 of the Act” insert “or a guardian under the 2017 Act”;

(c) in paragraph (6), after “the deputy” insert “or the guardian”.

Section 10 Amendments to the 2007 Regulations

In regulation 40 (power to require final report on termination of appointment)—

(a) in the heading, for “appointment” substitute “deputy appointment or on expiry, variation or revocation of guardianship order”;

(b) in paragraph (1), at the beginning insert “In the case of a deputy,”;

(c) after paragraph (1), insert—

(1A) In the case of a guardian, this regulation applies where—

(a) the period of appointment of the guardian has expired under section 7 of the 2017 Act (period of guardianship);

(b) the court has made an order varying the guardianship order under section 12 of the 2017 Act (variation of guardianship order);

(c) the court has made an order revoking the guardianship order under section 13 of the 2017 Act (revocation of guardianship order); or

(d) the guardianship order has been automatically revoked under section 14 of the 2017 Act (automatic revocation).

(d) in paragraph (2)—

(i) after “the deputy” insert “or the guardian”;

(ii) after “deputy’s death” insert “or the guardian’s death”;

(e) in paragraph (4), after “the deputy” insert “or the guardian”;

(f) in paragraph (5), after “the deputy” insert “or the guardian”;

(g) in paragraph (6), for “his” substitute “the guardian or their” .

Section 11 Amendments to the 2007 Regulations

In regulation 41 (power to require information from deputies)—

(a) in the heading, at the end insert “or guardians”;

(b) in paragraph (1)—

(i) in sub-paragraph (a), in paragraph (i), after “a deputy” insert “or a guardian”;

(ii) in sub-paragraph (b)—

(aa) in paragraph (i), after “the deputy” insert “or the guardian”;

(bb) in paragraph (ii), after “the deputy’s” insert “or the guardian’s”;

(c) in paragraph (2), after “the deputy” insert “or the guardian”;

(d) in paragraph (5), after “the deputy” insert “or the guardian”.

Section 12 Amendments to the 2007 Regulations

In regulation 42 (right of deputy to require review of decisions made by the Public Guardian)—

(a) in the heading, after “deputy” insert “or guardian”;

(b) in paragraph (1)—

(i) after “A deputy” insert “or a guardian”;

(ii) after “the deputy” insert “or the guardian”;

(c) in paragraphs (2), (4) and (5), after “the deputy” insert “or the guardian”;

Section 13 Amendments to the 2007 Regulations

In regulation 43 (applications to the Court of Protection), in the heading omit “of Protection”.