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Amendment of section 75 of Principal Act
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64. Section 75 of the Principal Act is amended—
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(a) in subsection (1), by the substitution of “a notification having been made under section 71A that has been accepted by the Director under section 71C in relation to the enduring power” for “the registration of the instrument appointing him or her as attorney”,
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(b) in subsection (2)—
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(i) by the substitution of “shall, after a notification has been made under section 71A that has been accepted by the Director under section 71C in relation to the enduring power, keep” for “shall keep”, and
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(ii) in paragraph (b), by the substitution of “Director, by a general visitor” for “Director”,
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(c) in subsection (3), by the substitution of “a notification has been made under section 71A that has been accepted by the Director under section 71C in relation to the enduring power” for “registration of the instrument appointing him or her as attorney”,
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(d) in subsection (4)—
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(i) by the substitution of “specified by the Director under section 79A” for “prescribed by regulations made under section 79”, and
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(ii) by the substitution of “as are specified” for “as are prescribed”,
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(e) by the deletion of subsection (5),
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(f) by the substitution of the following subsection for subsection (7):
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“(7) Where an attorney fails to comply with a notification under subsection (6), the Director—
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(a) may, in the case of the submission of an incomplete report and following any necessary enquiries to satisfy himself or herself that the report is substantially in accordance with this section and specifications made by him or her under section 79A, accept the report as if it were in compliance with this section and the relevant specifications,
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(b) may make such further directions with regard to the submission of the report in question as he or she considers appropriate, or
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(c) may, subject to subsection (7A) and following consultation with the donor (in so far as the Director considers it appropriate) and the attorney, make a determination that the attorney shall, as soon as may be or from a date specified by the Director, no longer act as attorney for the donor concerned.”,
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(g) by the insertion of the following subsections after subsection (7):
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“(7A) Where the Director has made a determination under subsection (7)(c), he or she shall notify the donor and the attorney of his or her determination, provide reasons for that determination and update the Register accordingly.
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(7B) A donor or an attorney who has been notified under subsection (7A) of the Director’s determination may, not later than 21 days after the date of issue of the notification by the Director, appeal the determination concerned to the court.”,
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(h) by the substitution of the following subsection for subsection (8):
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“(8) Pursuant to an appeal to it under subsection (7B), the court may—
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(a) affirm the determination of the Director,
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(b) declare that the attorney shall continue to act as such for the donor concerned and require the Director to update the Register accordingly, or
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(c) make such other declaration or order as it considers appropriate.”,
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and
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(i) by the substitution of the following subsection for subsection (9):
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“(9) In this section, ‘relevant period’ means the period of time to which the report relates which shall be the period of time between the date the attorney notified the Director that the donor lacks capacity in relation to one or more of the relevant decisions which are the subject of the power or the date of submission of the previous report, whichever is the later, and the date immediately preceding the date of submission of the report concerned.”.
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