Page:Mental Capacity Act 2008.pdf/46

Rh Notification to donor and others

7.—(1) As soon as is practicable after receiving an application by a donee (or donees) under paragraph 4(2)(b), the Public Guardian must notify the donor that the application has been received.

(2) As soon as is practicable after receiving an application by a donee under paragraph 4(2)(c), the Public Guardian must notify—
 * (a) the donor; and
 * (b) the donee or donees who did not join in making the application,

that the application has been received.

Notification requirements

8.—(1) A notice under paragraph 5 must be made in the prescribed form.

(2) A notice under paragraph 5, 6 or 7 must include such information, if any, as may be prescribed.

Power to dispense with notification requirements

9. The court may—
 * (a) on the application of the donor, dispense with the requirement to notify under paragraph 5(1); or
 * (b) on the application of the donee or donees concerned, dispense with the requirement to notify under paragraph 5(2),

if it is satisfied that no useful purpose would be served by giving the notice.

Instrument not made properly or containing ineffective provision

10.—(1) If it appears to the Public Guardian that an instrument accompanying an application under paragraph 4 is not made in accordance with this Schedule, he must not register the instrument unless the court directs him to do so.

(2) Sub-paragraph (3) applies if it appears to the Public Guardian that the instrument 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.

(3) The Public Guardian—
 * (a) must apply to the court for it to determine the matter under section 18(1); and
 * (b) pending the determination by the court, must not register the instrument.

(4) Sub-paragraph (5) applies if the court determines under section 18(1) (whether or not on an application by the Public Guardian) that the instrument contains a provision which—