Search Legislation

Law of Property (Miscellaneous Provisions) Act 1989

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 1.

SCHEDULE 1Consequential amendments relating to deeds

The Law of Property Act 1925

1The [1925 c. 20.] Law of Property Act 1925 shall be amended as follows.

2In section 52(2)(e) for the words “not required by law to be under seal” there shall be substituted the words “other than those falling within section 115 below”.

3In section 74(2) for the words “not under seal” there shall be substituted the words “which is not a deed”.

4In section 80(1) for the words from “under” to “eighty-one” there shall be substituted the words “ made under seal after 31st December 1881 but before the coming into force of section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 or executed as a deed in accordance with that section after its coming into force”.

5The following subsection shall be added at the end of section 81—

(5)In its application to instruments made after the coming into force of section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 subsection (1) above shall have effect as if for the words “under seal, and a bond or obligation under seal,” there were substituted the words “bond or obligation executed as a deed in accordance with section 1 of the Law of Property (Miscellaneous Provisions) Act 1989”.

The Powers of Attorney Act 1971

6In section 1 of the [1971 c. 27.] Powers of Attorney Act 1971—

(a)in subsection (1), for the words “signed and sealed by, or by direction and in the presence of,” there shall be substituted the words “executed as a deed by”; and

(b)subsection (2) shall cease to have effect.

7(1)The following words shall be substituted for the words from the beginning of subsection (1) of section 7 of that Act to the end of paragraph (a)—

7(1)If the donee of a power of attorney is an individual, he may, if he thinks fit—

(a)execute any instrument with his own signature, and.

(2)In subsection (2) of that section—

(a)the words “or (4)” shall cease to have effect; and

(b)for the words “those subsections” there shall be substituted the words “that subsection”.

The Solicitors Act 1974

8In section 22(3)(b) of the [1974 c. 47.] Solicitors Act 1974 for the words “under seal” these shall be substituted the words “intended to be executed as a deed”.

Section 4.

SCHEDULE 2Repeals

15 & 16 Geo. 5 c. 20.The Law of Property Act 1925.Section 40.
Section 73.
In section 74(3), the words “and in the case of a deed by affixing his own seal,”.
1971 c. 27.The Powers of Attorney Act 1971.Section 1(2).
In section 7, subsection (1), the words “and seal” and in subsection (2), the words “or (4)”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources