Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

104.

Amendment of Powers of Attorney Act 1996.

104.— (1) In this section, “Act of 1996” means the Powers of Attorney Act 1996.

(2) Section 5 of the Act of 1996 is amended—

( a) by inserting, in subsection (4)( b), “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”, and

( b) by inserting the following subsection after subsection (7):

“(7A) An enduring power in favour of a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 shall, unless the power provides otherwise, be invalidated or, as the case may be, cease to be in force if subsequently—

( a) a decree of nullity or a decree of dissolution of the civil partnership is granted or recognised under the law of the State,

( b) a written agreement to separate is entered into between the civil partners, or

( c) a protection order, interim barring order, barring order or safety order is made against the attorney on the application of the donor, or vice versa.”.

(3) Section 6(7)( b)(iii)(II) of the Act of 1996 is amended by inserting “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”.

(4) The First Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 3(1)( a):

“( aa) the donor’s civil partner, within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”.

(5) Part I of the Second Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 2A (inserted by the Family Law (Divorce) Act 1996):

“2B. The expiry of an enduring power of attorney effected in the circumstances mentioned in section 5(7A) shall apply only so far as it relates to an attorney who is the civil partner of the donor.”.

(6) Part II of the Second Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 3:

“4. The expiry of an enduring power of attorney effected in the circumstances mentioned in section 5(7A) shall apply only so far as it relates to an attorney who is the civil partner of the donor.”.