# The Enduring Powers of Attorney (Prescribed Form) (Amendment) Regulations 2005

S.I. 2005/3116 · made 8 November 2005

These regulations amend the Enduring Powers of Attorney (Prescribed Form) Regulations 1990 (S.I. 1990/1376) so as to substitute a new prescribed form for an Enduring Power of Attorney. The prescribed form must be used in order to make an Enduring Power of Attorney. However regulation 3 permits the continued use, before 1st April 2007, of the form which is replaced by the new prescribed form.

Made under: Enduring Powers of Attorney Act 1985 (repealed) (Section 2)

PDFs: Printed copy https://openlegislation.uk/enduring-powers-of-attorney-prescribed-form-amendment-regulations-2005/pdf/uksi_20053116_en.pdf; Explanatory Memorandum https://openlegislation.uk/enduring-powers-of-attorney-prescribed-form-amendment-regulations-2005/pdf/uksiem_20053116_en.pdf

## Introductory text

POWERS OF ATTORNEY, ENGLAND AND WALES
MENTAL HEALTH, ENGLAND AND WALES
Made 8th November 2005
Laid before Parliament 10th November 2005
Coming into force 5th December 2005
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by section 2(2) of the Enduring Powers of Attorney Act 1985:

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Enduring Powers of Attorney (Prescribed Form) (Amendment) Regulations 2005 and shall come into force on 5th December 2005.
(2) In these Regulations, a reference to the Schedule is a reference to the Schedule to the Enduring Powers of Attorney (Prescribed Form) Regulations 1990.

## 2 Amendments to the Enduring Power of Attorney (Prescribed Form) Regulations 1990

For the Schedule substitute the Schedule to these Regulations.

## 3 Transitional provision

A power executed in the form prescribed in the Schedule as though it had not been substituted by these Regulations and executed by the donor before 1st April 2007 shall be capable (whether or not seals are affixed to it) of being a valid enduring power of attorney.

## Signature

Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
8th November 2005

## 



## Explanatory note

(This note is not part of the Regulations)
These regulations amend the Enduring Powers of Attorney (Prescribed Form) Regulations 1990 (S.I. 1990/1376) so as to substitute a new prescribed form for an Enduring Power of Attorney. The prescribed form must be used in order to make an Enduring Power of Attorney. However regulation 3 permits the continued use, before 1st April 2007, of the form which is replaced by the new prescribed form.

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Source: https://www.legislation.gov.uk/uksi/2005/3116 (the official version)
Page: https://openlegislation.uk/enduring-powers-of-attorney-prescribed-form-amendment-regulations-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.