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Enduring Powers of Attorney Act 1985

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This is the original version (as it was originally enacted).

Schedule 1Notification Prior to Registration

Part IDuty to Give Notice to Relatives and Donor

Duty to give notice to relatives

1Subject to paragraph 3 below, before making an application for registration the attorney shall give notice of his intention to do so to all those persons (if any) who are entitled to receive notice by virtue of paragraph 2 below.

2—(1) Subject to the limitations contained in sub-paragraphs (2) to (4) below, persons of the following classes (referred to in this Act as " relatives'0 are entitled to receive notice under paragraph 1 above—

(a)the donor's husband or wife ;

(b)the donor's children ;

(c)the donor's parents ;

(d)the donor's brothers and sisters, whether of the whole or half blood;

(e)the widow or widower of a child of the donor;

(f)the donor's grandchildren;

(g)the children of the donor's brothers and sisters of the whole blood;

(h)the children of the donor's brothers and sisters of the half blood;

(i)the donor's uncles and aunts of the whole blood ; and

(j)the children of the donor's uncles and aunts of the whole blood.

(2)A person is not entitled to receive notice under paragraph 1 above if—

(a)his name or address is not known to the attorney and cannot be reasonably ascertained by him ; or

(b)the attorney has reason to believe that he has not attained eighteen years or is mentally incapable.

(3)Except where sub-paragraph (4) below applies, no more than three persons are entitled to receive notice under paragraph 1 above and, in determining the persons who are so entitled, persons falling within class (a) of sub-paragraph (1) above are to be preferred to persons falling with class (p) of that sub-paragraph, persons falling within class (b) are to be preferred to persons falling within class (c) of that sub-paragraph ; and so on

(4)Notwithstanding the limit of three specified in sub-paragraph (3) above, where—

(a)there is more than one person falling within any of classes

(a)to (j) of sub-paragraph (1) above, and

(b)at least one of those persons would be entitled to receive notice under paragraph 1 above,

then, subject to sub-paragraph (2) above, all the persons falling within that class are entitled to receive notice under paragraph 1 above.

3(1)An attorney shall not be required to give notice under paragraph 1 above to himself or to any other attorney under the power who is joining in making the application, notwithstanding that he or, as the case may be, the other attorney is entitled to receive notice by virtue of paragraph 2 above.

(2)In the case of any person who is entitled to receive notice under paragraph 1 above, the attorney, before applying for registration, may make an application to the court to be dispensed from the requirement to give him notice; and the court shall grant the application if it is satisfied—

(a)that it would be undesirable or impracticable for the attorney to give him notice ; or

(b)that no useful purpose is likely to be served by giving him notice.

Duty to give notice to donor

4(1)Subject to sub-paragraph (2) below, before making an application for registration the attorney shall give notice of his intention to do so to the donor.

(2)Paragraph 3(2) above shall apply in relation to the donor as it applies in relation to a person who is entitled to receive notice under paragraph 1 above.

Part IIContents of Notices

5A notice to relatives under this Schedule—

(a)shall be in the prescribed form ;

(b)shall state that the attorney proposes to make an application to the Court of Protection for the registration of the instrument creating the enduring power in question;

(c)shall inform the person to whom it is given that he may object to the proposed registration by notice in writing to the Court of Protection before the expiry of the period of four weeks beginning with the day On which the notice under this Schedule was given to him;

(d)shall specify, as the grounds on which an objection to registration may be made, the grounds set out in section 6(5).

6A notice to the donor under this Schedule-

(a)shall be in the prescribed form ;

(b)shall contain the statement mentioned in paragraph 5(6) above; and

(c)shall inform the donor that, whilst the instrument remains registered, any revocation of the power by him will be ineffective unless and until the revocation is confirmed by the Court of Protection.

Part IIIDuty to Give Notice to Other Attorneys

7(1)Subject to sub-paragraph (2) below, before making an application for registration an attorney under a joint and several power shall give notice of his intention to do so to any other attorney under the power who is not joining in making the application ; and paragraphs 3(2) and 5 above shall apply in relation to attorneys entitled to receive notice by virtue of this paragraph as they apply in relation to persons entitled to receive notice by virtue of paragraph 2 above.

(2)Ah attorney is not entitled to receive notice by virtue of this paragraph if—

(a)his address is not known to the applying attorney and cannot reasonably be ascertained by him ; or

(b)the applying attorney has reason to believe that he has not attained eighteen years or is mentally incapable.

Part IVSupplementary

8(1)For the purposes of this; Schedule an illegitimate child shall be treated as if he were the legitimate child of his mother and father.

(2)Notwithstanding anything in section 7 of the Interpretation Act 1978 (construction of references to service by post), for the purposes of this Schedule a notice given by post shall be regarded as given on the date on which it was posted.

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