Applications and procedure for registrationU.K.
4(1)An application to the Public Guardian for the registration of an instrument intended to create a lasting power of attorney—U.K.
(a)must be made in the prescribed form, and
(b)must include any prescribed information.
(2)The application may be made—
(a)by the donor,
(b)by the donee or donees, or
(c)if the instrument appoints two or more donees to act jointly and severally in respect of any matter, by any of the donees.
(3)The application must be accompanied by—
(a)the instrument, and
(b)any fee provided for under section 58(4)(b).
(4)A person who, in an application for registration, makes a statement which he knows to be false in a material particular is guilty of an offence and is liable—
(a)on summary conviction, to imprisonment for a term not exceeding [F1the general limit in a magistrates’ court] or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.
Textual Amendments
F1Words in Sch. 1 para. 4(4)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
5U.K.Subject to paragraphs 11 to 14, the Public Guardian must register the instrument as a lasting power of attorney at the end of the prescribed period.