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Powers of Attorney Act 2023 in Scotland

2023 c. 42 · Enacted 18 September 2023 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 18 November 2023.

An Act to make provision about lasting powers of attorney; to make provision about proof of instruments creating powers of attorney; and for connected purposes.

[18th September 2023]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Lasting powers of attorney Not yet in force
  2. 1Lasting powers of attorney Not yet in force
  3. Certifying copies of power of attorney
  4. 2Certifying copies of power of attorney
  5. General provisions
  6. Schedule: Lasting powers of attorney Not yet in force
  7. Part 1: Registration of lasting powers of attorney Not yet in force
  8. Evidence of registration Not yet in force
  9. 8Paragraph 8 Not yet in force
  10. Part 2: Minor and consequential amendments Not yet in force
  11. 9Paragraph 9 Not yet in force
  12. 10Paragraph 10 Not yet in force
  13. 11Paragraph 11 Not yet in force
  14. 12Paragraph 12 Not yet in force

1Lasting powers of attorneyI1

The Schedule makes provision in relation to lasting powers of attorney.

2Certifying copies of power of attorneyI1

(1)

Section 3 of the Powers of Attorney Act 1971 is amended as follows.

(2)

In subsection (1)(b), after “authorised person” insert “, chartered legal executive”.

(3)

After subsection (3) insert—

“(3A)

In this section “chartered legal executive” means a person authorised by the Chartered Institute of Legal Executives to practise as a chartered legal executive.”

8I1

In paragraph 16—

(a)

in sub-paragraph (1), in the words before paragraph (a), after “Schedule” insert “before the day on which paragraph 8(a) of the Schedule to the Powers of Attorney Act 2022 comes into force”;

(b)

after sub-paragraph (1) insert—

“(1A)

In the case of any instrument registered under this Schedule in electronic form—

(a)

the record in the register of that instrument is to be, in any part of the United Kingdom, sufficient proof of the contents of the instrument;

(b)

regulations may provide that a document provided by the Public Guardian in a prescribed manner is to be, in any part of the United Kingdom, evidence of the contents of the instrument and of the fact that it has been registered.”;

(c)

in sub-paragraph (2), for “Sub-paragraph (1) is” substitute “Sub-paragraphs (1) and (1A) are”.

9I1

The Mental Capacity Act 2005 is amended as follows.

10I1

In section 58(4) (functions of the Public Guardian), after paragraph (c) insert—

“(ca)

the time at which such fees are to be paid;”.

11I1

In section 65 (rules, regulations and orders), in subsection (1)(c), after “cases” insert “or purposes”.

12I1

(1)

Schedule 1 is amended as follows.

(2)

In paragraph 5, for “11 to 14” substitute “10A to 13A”.

(3)

In paragraph 9—

(a)

omit sub-paragraph (1);

(b)

in sub-paragraph (2), for “6, 7 or 8” substitute “7”.

(4)

In paragraph 11(1)—

(a)

after “If” insert “, at the end of the period mentioned in paragraph 5,”;

(b)

for “an instrument accompanying an application under paragraph 4” substitute “the instrument to which an application under paragraph 4 relates”.

(5)

In paragraph 13—

(a)

in sub-paragraph (1)(a), for “6, 7 or 8” substitute “7”;

(b)

in sub-paragraph (2), in the words before paragraph (a), for “person applying for the registration” substitute “donor or the donee (or, if more than one, any of them)”;

(c)

in sub-paragraph (3)(a), for “6, 7 or 8” substitute “7”.

(6)

Omit paragraph 14 and the italic heading before it.