The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

The registers

Establishing and maintaining the registers

30.—(1) In this Part “the registers” means—

(a) the register of lasting powers of attorney,

(b) the register of enduring powers of attorney, and

(c) the register of court orders appointing deputies,

which the Public Guardian must establish and maintain.

(2) On each register the Public Guardian may include—

(a) such descriptions of information about a registered instrument or a registered order as the Public Guardian considers appropriate; and

(b) entries which relate to an instrument or order for which registration has been cancelled.

Disclosure of information on a register: search by the Public Guardian

31.—(1) Any person may, by an application made under paragraph (2), request the Public Guardian to carry out a search of one or more of the registers.

(2) An application must—

(a) state—

(i) the register or registers to be searched;

(ii) the name of the person to whom the application relates; and

(iii) such other details about that person as the Public Guardian may require for the purpose of carrying out the search; and

(b) be accompanied by any fee provided for under section 58(4)(b) of the Act.

(3) The Public Guardian may require the applicant to provide such further information, or produce such documents, as the Public Guardian reasonably considers necessary to enable him to carry out the search.

(4) As soon as reasonably practicable after receiving the application—

(a) the Public Guardian must notify the applicant of the result of the search; and

(b) in the event that it reveals one or more entries on the register, the Public Guardian must disclose to the applicant all the information appearing on the register in respect of each entry.

Disclosure of additional information held by the Public Guardian

32.—(1) This regulation applies in any case where, as a result of a search made under regulation 31, a person has obtained information relating to a registered instrument or a registered order which confers authority to make decisions about matters concerning a person (“P”).

(2) On receipt of an application made in accordance with paragraph (4), the Public Guardian may, if he considers that there is good reason to do so, disclose to the applicant such additional information as he considers appropriate.

(3) “Additional information” means any information relating to P—

(a) which the Public Guardian has obtained in exercising the functions conferred on him under the Act; but

(b) which does not appear on the register.

(4) An application must state—

(a) the name of P;

(b) the reasons for making the application; and

(c) what steps, if any, the applicant has taken to obtain the information from P.

(5) The Public Guardian may require the applicant to provide such further information, or produce such documents, as the Public Guardian reasonably considers necessary to enable him to determine the application.

(6) In determining whether to disclose any additional information to P, the Public Guardian must, in particular, have regard to—

(a) the connection between P and the applicant;

(b) the reasons for requesting the information (in particular, why the information cannot or should not be obtained directly from P);

(c) the benefit to P, or any detriment he may suffer, if a disclosure is made; and

(d) any detriment that another person may suffer if a disclosure is made.