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Report No. 68

English Act of 1971

1.6. In England, the. Powers of Attorney Act, 1971 makes certain new provisions in relation to powers of attorney and the delegation by trustees of their trusts, powers and discretion's.

Section 1 of the Act contains rules for the execution of powers of attorney. In brief, it requires attestation by two witnesses.

Section 2 abolishes the need to file or deposit instruments creating powers of attorney in the Supreme Court.

Section 3 concerns the proof of instruments creating powers of attorney. In brief, it provides for proof by photographic copies, certified to be true and complete copy. Section 4 deals with powers of attorney given as security. Such a power cannot be revoked so long as the security remains undischarged.

Section 5 deals with protection of a donee and third persons where a power-of-attorney is revoked and the donee is ignorant of revocation. Section 6 gives additional protection for transferees under stock exchange transactions (in case of revocation).

Section 7 m provisions for the execution of instruments, etc. by the donee or a power of attorney.

Section 8 repeals section 129 of the Law of Property Act, 1925 relating to married women. Section 9 gives power to delegate trusts etc., by a power of attorney. Section 10 deals with the effect of a general power of attorney in the specified form given in the First Schedule to the Act. Section 11 contains the short title, repeals, consequential amendments, commencement and extent.

The Powers of Attorney Act, 1882 Back

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