The Court of Protection (Enduring Powers of Attorney) (Amendment No. 2) Rules 2002

Statutory Instruments

2002 No. 1944

POWERS OF ATTORNEY, ENGLAND AND WALES

MENTAL HEALTH, ENGLAND AND WALES

The Court of Protection (Enduring Powers of Attorney) (Amendment No. 2) Rules 2002

Made

23rd July 2002

Laid before Parliament

26th July 2002

Coming into force

31st August 2002

The Lord Chancellor, in exercise of the powers conferred upon him by sections 106 and 108 of the Mental Health Act 1983(1), makes the following Rules:

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Court of Protection (Enduring Powers of Attorney) (Amendment No. 2) Rules 2002 and shall come into force on 31st August 2002.

(2) In these Rules references to a rule by number alone mean the rule so numbered in, and references to a Schedule by number alone mean the Schedule so numbered to, the Court of Protection (Enduring Powers of Attorney) Rules 2001(2).

Amendments to Court of Protection (Enduring Powers of Attorney) Rules 2001

2.  For rule 3(2)(c) there shall be substituted—

“(c) a form referred to by a letter alone means—

(i) the form so designated in Schedule 1 (“the core form”); or

(ii) a form published by the court which differs in immaterial respects, in wording or layout (or both), from the core form; or

(iii) a form to the same effect as the core form or as a form satisfying sub-paragraph (ii) above with such variations as circumstances may require and the court may approve; or

(iv) a Welsh translation of the core form or of a form satisfying sub-paragraph (ii) or (iii) above.”.

3.  In Schedule 1, for Form EP2 there shall be substituted the form set out in the Schedule to these Rules.

Transitional provisions

4.  In relation to an application to register an enduring power of attorney which is received by the court on or after 31st August 2002 but before 28th February 2003 the reference in rule 7 to Form EP2 shall be treated as including a form which would have satisfied the requirements of Form EP2 if these Rules had not been made.

Irvine of Lairg, C

23rd July 2002

Rule 3

SCHEDULE NEW FORM EP2

Explanatory Note

(This note is not part of the Rules)

These rules amend the Court of Protection (Enduring Powers of Attorney) Rules 2001 (S.I. 2001/825) so as to substitute a new version of Form EP2, the form prescribed for an application to the court to register an enduring power of attorney. They also permit the court to publish versions containing immaterial variations from those set out in Schedule 1 to the 2001 Rules.

(1)

1983 c. 20.

(2)

S.I. 2001/825; there are no relevant amending instruments.