Statutory Instrument 2005 No. 3126

The Court of Protection (Enduring Powers of Attorney) (Amendment No. 2) Rules 2005

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2005 No. 3126

POWERS OF ATTORNEY, ENGLAND AND WALES

MENTAL HEALTH, ENGLAND AND WALES

The Court of Protection (Enduring Powers of Attorney) (Amendment No. 2) Rules 2005

	Made	8th November 2005
	Laid before Parliament	10th November 2005
	Coming into force	5th December 2005

The Lord Chancellor makes the following Rules in exercise of the powers conferred by sections 106 and 108 of the Mental Health Act 1983[1]:

Citation, commencement and interpretation
    1.—(1) These Rules may be cited as the Court of Protection (Enduring Powers of Attorney) (Amendment No. 2) Rules 2005 and shall come into force on 5th December 2005.

    (2) In these Rules a reference to a rule or Schedule by number alone is a reference to the rule or Schedule so numbered in the Court of Protection (Enduring Powers of Attorney) Rules 2001[2].

Amendment to Court of Protection (Enduring Powers of Attorney) Rules 2001
    2.In Schedule 1, for Form EP2 substitute the form set out in the Schedule to these Rules.

Transitional provisions
    3.In relation to an application to register an enduring power of attorney which is received by the court on or after 5th December 2005, but before 1st April 2007 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.

Signed by authority of the Lord Chancellor

Cathy Ashton
Parliamentary Under Secretary of State, Department for Constitutional Affairs

8th November 2005

SCHEDULERule 2

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. The new version of Form EP2 adds the relationship of civil partner to the parts of the form where the attorneys are required to specify their relationship to the donor. Rule 3 allows applications to be made in the Form EP2 substituted by these Rules until 1st April 2007.

Notes:

[1]1983 c. 20.back

[2]S.I. 2001/825 as amended by S.I. 2002/832, S.I. 2002/1944 and S.I. 2005/668.back

ISBN0 11 073603 6

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