# Mental Capacity Act (Northern Ireland) 2016, Paragraph 11

Status: prospective

(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—
(a) would be ineffective as part of a lasting power of attorney; or
(b) would prevent the instrument from operating as a valid lasting power of attorney.
(2) The Public Guardian—
(a) must apply to the court for it to determine the matter under section 111(1); and
(b) pending the determination by the court, must not register the instrument.
(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—
(a) would be ineffective as part of a lasting power of attorney; or
(b) would prevent the instrument from operating as a valid lasting power of attorney.
(4) The court must—
(a) notify the Public Guardian that it has severed the provision; or
(b) direct the Public Guardian not to register the instrument.
(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.

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Source: https://www.legislation.gov.uk/nia/2016/18/schedule/4/paragraph/11 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/schedule-4/paragraph-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.