Assisted Decision-Making (Capacity) Act 2015

72

Register of enduring powers

72. (1) The Director shall establish and maintain a register (in this Part referred to as “the Register”) of instruments creating an enduring power of F102[attorney that have been registered by him or her under section 69].

(2) The Register shall be in such form as the Director considers F102[appropriate, but shall specify which instruments are, and which instruments are not, the subject of a notification under section 71A that has been accepted by the Director under section 71C].

(3) F102[The Director shall make such details of the Register as he or she shall specify] available for inspection by—

(a) a body or class of persons prescribed by regulations made under section 79 for this purpose, and

(b) any person who satisfies the Director that he or she has a legitimate interest in F102[inspecting those details of the Register].

(4) The Director may issue an authenticated copy of an F102[instrument creating an enduring power of attorney that is the subject of a notification under section 71A that has been accepted by the Director under section 71C, or part thereof, and any variations to the enduring power or part thereof,] on the Register on payment of the prescribed fee to—

(a) a body or class of person prescribed by regulations made under section 79 for this purpose, and

(b) a person who satisfies the Director that he or she has a legitimate interest in obtaining a copy.

F103[(4A) An authenticated copy of an instrument or part thereof, and, where applicable, any variations to the instrument or part, that is issued by the Director under subsection (4) and stamped by the Director with a time and date stamp (which may be by automated means), shall be evidence of the contents of the instrument or part thereof, and where applicable, any variations to that instrument or part, as at the date and time indicated on the stamp.]

(5) The Director shall keep a record of any body or person that has inspected the Register or received an authenticated copy from him or her.

Annotations:

Amendments:

F102

Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 60(a), (b), (c)(i), (ii), (d), S.I. No. 194 of 2023.

F103

Inserted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 60(e), S.I. No. 194 of 2023.