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

Power to require final report on termination of [F1 deputy appointment or on expiry, variation or revocation of guardianship order] E+W

40.—(1)  [F2 In the case of a deputy,] this regulation applies where—

(a) the person on whose behalf a deputy was appointed to act has died;

(b) the deputy has died;

(c) the court has made an order discharging the deputy; or

(d) the deputy otherwise ceases to be under a duty to discharge the functions to which his appointment relates.

[F3 (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).]

(2) The Public Guardian may require the deputy [F4 or the guardian] (or, in the case of the deputy's death [F5 or the guardian’s death], his personal representatives) to submit a final report on the discharge of his functions.

(3) A final report must be submitted—

(a) before the end of such reasonable period as may be specified; and

(b) at such place as may be specified.

(4) The Public Guardian must consider the final report, together with any other information that he may have relating to the discharge by the deputy [F6 or the guardian] of his functions.

(5) Where the Public Guardian is dissatisfied with any aspect of the final report he may apply to the court for an appropriate remedy (including enforcement of security given by the deputy [F7 or the guardian]).

(6) “Specified” means specified in a notice in writing given to the deputy or [F8 the guardian or their] personal representatives by the Public Guardian.

Textual Amendments

F1 Words in reg. 40 heading substituted (31.7.2019) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2019 (S.I. 2019/1030), regs. 1, 10(a)

F2 Words in reg. 40(1) inserted (31.7.2019) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2019 (S.I. 2019/1030), regs. 1, 10(b)

F3 Reg. 40(1A) inserted (31.7.2019) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2019 (S.I. 2019/1030), regs. 1, 10(c)

F4 Words in reg. 40(2) inserted (31.7.2019) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2019 (S.I. 2019/1030), regs. 1, 10(d)(i)

F5 Words in reg. 40(2) inserted (31.7.2019) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2019 (S.I. 2019/1030), regs. 1, 10(d)(ii)

F6 Words in reg. 40(4) inserted (31.7.2019) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2019 (S.I. 2019/1030), regs. 1, 10(e)

F7 Words in reg. 40(5) inserted (31.7.2019) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2019 (S.I. 2019/1030), regs. 1, 10(f)

F8 Words in reg. 40(6) substituted (31.7.2019) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2019 (S.I. 2019/1030), regs. 1, 10(g)