Prospective
11—(1) Sub-paragraph (2) applies if it appears to the Public Guardian that an instrument accompanying an application under paragraph 4 contains a provision which—N.I.
(a)would be ineffective as part of a lasting power of attorney; or
(b)would prevent the instrument from operating as a valid lasting power of attorney.
(2) The Public Guardian—
(a)must apply to the court for it to determine the matter under section 111(1); and
(b)pending the determination by the court, must not register the instrument.
(3) Sub-paragraph (4) applies if the court determines under section 111(1) (whether or not on an application by the Public Guardian) that an instrument executed with a view to creating a lasting power of attorney contains a provision which—
(a)would be ineffective as part of a lasting power of attorney; or
(b)would prevent the instrument from operating as a valid lasting power of attorney.
(4) The court must—
(a)notify the Public Guardian that it has severed the provision; or
(b)direct the Public Guardian not to register the instrument.
(5) Where the court notifies the Public Guardian that it has severed a provision, the Public Guardian must register the instrument with a note to that effect attached to it.