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The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

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This is the original version (as it was originally made).

Disclosure of additional information held by the Public Guardian

This section has no associated Explanatory Memorandum

32.—(1) This regulation applies in any case where, as a result of a search made under regulation 31, a person has obtained information relating to a registered instrument or a registered order which confers authority to make decisions about matters concerning a person (“P”).

(2) On receipt of an application made in accordance with paragraph (4), the Public Guardian may, if he considers that there is good reason to do so, disclose to the applicant such additional information as he considers appropriate.

(3) “Additional information” means any information relating to P—

(a)which the Public Guardian has obtained in exercising the functions conferred on him under the Act; but

(b)which does not appear on the register.

(4) An application must state—

(a)the name of P;

(b)the reasons for making the application; and

(c)what steps, if any, the applicant has taken to obtain the information from P.

(5) The Public Guardian may require the applicant to provide such further information, or produce such documents, as the Public Guardian reasonably considers necessary to enable him to determine the application.

(6) In determining whether to disclose any additional information to P, the Public Guardian must, in particular, have regard to—

(a)the connection between P and the applicant;

(b)the reasons for requesting the information (in particular, why the information cannot or should not be obtained directly from P);

(c)the benefit to P, or any detriment he may suffer, if a disclosure is made; and

(d)any detriment that another person may suffer if a disclosure is made.

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