{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/schedule-4/paragraph-11",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/schedule-4/paragraph-11.json",
  "legislation": "nia/2016/18",
  "legislation_title": "Mental Capacity Act (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016",
  "path": "schedule/4/paragraph/11",
  "kind": "paragraph",
  "number": "11",
  "heading": null,
  "text": "(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(a) would be ineffective as part of a lasting power of attorney; or\n(b) would prevent the instrument from operating as a valid lasting power of attorney.\n(2) The Public Guardian—\n(a) must apply to the court for it to determine the matter under section 111(1); and\n(b) pending the determination by the court, must not register the instrument.\n(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—\n(a) would be ineffective as part of a lasting power of attorney; or\n(b) would prevent the instrument from operating as a valid lasting power of attorney.\n(4) The court must—\n(a) notify the Public Guardian that it has severed the provision; or\n(b) direct the Public Guardian not to register the instrument.\n(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.",
  "extent": null,
  "status": "prospective",
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/18/schedule/4/paragraph/11",
    "retrieved_at": "2026-10-29T20:19:54.781348+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}