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POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - LONG TITLE

An Act to make new provision in relation to powers of attorney and
the delegation by trustees of their trusts, powers and discretions.
[7th December 1971]
Execution of powers of attorney.

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 1

1.(1) An instrument creating a power of attorney shall be signed
and sealed by, or by direction and in the presence of, the donor
of the power.

(2) Where such an instrument is signed and sealed by a person by
direction and in the presence of the donor of the power, two other
persons shall be present as witnesses and shall attest the
instrument.

(3) This section is without prejudice to any requirement in, or
having effect under, any other Act as to the witnessing of
instruments creating powers of attorney and does not affect the
rules relating to the execution of instruments by bodies corporate.

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 2
Abolition of deposit or filing of instruments creating powers of
attorney.

2.(1) As from the commencement of this Act no instrument creating a
power of attorney shall be deposited or filed at the proper office
of the Supreme Court under section 48 of the Conveyancing Act 1881
or section 26 of the Trustee Act (Northern Ireland) 1958.

(2) This section does not affect any right to search for, inspect
or copy, or to obtain an office copy of, any such document which
has been deposited or filed as aforesaid before the commencement of
this Act.

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 3
Powers of attorney given as security.

3.(1) Where a power of attorney is expressed to be irrevocable and
is given to secure

(a)a proprietary interest of the donee of the power; or

(b)the performance of an obligation owed to the donee,

(i)by the donor without the consent of the donee; or

(ii)by the death, incapacity or bankruptcy of the donor or, if the
donor is a body corporate, by its winding-up or dissolution.

(2) A power of attorney given to secure a proprietary interest may
be given, and shall be deemed to have been capable always of being
given, to the person entitled to the interest and persons deriving
title under him to that interest, and those persons shall be duly
constituted donees of the power for all purposes of the power but
without prejudice to any right to appoint substitutes given by the
power.

(3) This section applies to powers of attorney whenever created.

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 4
Protection of donee and third persons where power of attorney is
revoked.

4.(1) A donee of a power of attorney who acts in pursuance of the
power at a time when it has been revoked shall not, by reason of
the revocation, incur any liability (either to the donor or to any
other person) if at that time he did not know that the power had
been revoked.

(2) Where a power of attorney has been revoked and a person,
without knowledge of the revocation, deals with the donee of the
power, the transaction between them shall, in favour of that person,
be as valid as if the power had then been in existence.

(3) Where the power is expressed in the instrument creating it to
be irrevocable and to be given by way of security then, unless the
person dealing with the donee knows that it was not in fact given
by way of security, he shall be entitled to assume that the power
is incapable of revocation except by the donor acting with the
consent of the donee and shall accordingly be treated for the
purposes of subsection (2) as having knowledge of the revocation
only if he knows that it has been revoked in that manner.

(4) Where the interest of a purchaser depends on whether a
transaction between the donee of a power of attorney and another
person was valid by virtue of subsection (2), it shall be
conclusively presumed in favour of the purchaser that that person
did not at the material time know of the revocation of the power
if

(a)the transaction between that person and the donee was completed
within twelve months of the date on which the power came into
operation; or

(b)that person makes a statutory declaration, before or within three
months after the completion of the purchase, that he did not at
the material time know of the revocation of the power.

(5) Without prejudice to subsection (3), for the purposes of this
section knowledge of the revocation of a power of attorney includes
knowledge of the occurrence of any event (such as the death of the
donor) which has the effect of revoking the power.

(6) In this section "purchaser" means a purchaser in good faith for
valuable consideration and includes a lessee, mortgagee or other
person who, for valuable consideration, acquires an interest in any
property; and includes also an intending purchaser.

(7) This section applies whenever the power of attorney was created
but only to acts and transactions after the commencement of this
Act.

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 5
Additional protection for transferees under stock exchange
transactions.

5.(1) Without prejudice to section 4, where

(a)the donee of a power of attorney executes, as transferor, an
instrument transferring registered securities; and

(b)the instrument is executed for the purposes of a stock exchange
transaction,

(2) In this section "registered securities" and "stock exchange
transaction" have the same meanings as in the Stock Transfer Act
(Northern Ireland) 1963.

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 6
Statutory declaration in the case of a company.

6. Where the person empowered under any provision of this Act to
make a statutory declaration is a corporation aggregate the officer
authorised or appointed to act for the corporation in the
transaction concerned or in the execution of the power of attorney
may make the statutory declaration in like manner as if that person
had been the person so empowered.

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 7
Execution of instruments etc., by donee of power of attorney.

7.(1) The donee of a power of attorney may, if he thinks fit

(a)execute any instrument with his own signature and, where sealing
is required, with his own seal, and

(b)do any other thing in his own name,

(2) Where a person is authorised under a power of attorney to
convey any interest in property in the name or on behalf of a
corporation sole or aggregate, he may execute the conveyance as
provided in subsection (1) or he may as donee of the power execute
the conveyance by signing the name of the corporation in the
presence of at least one witness, and, in the case of a deed, by
affixing his own seal and such execution takes effect and is valid
in like manner as if the corporation had executed the conveyance.

(3) Where a corporation aggregate is authorised under a power of
attorney to convey any interest in property in the name or on
behalf of any other person (including another body corporate), an
officer appointed for that purpose by the board of directors,
council or other governing body of the corporation by resolution or
otherwise, may execute the deed or other instrument in the name of
such other person; and where an instrument appears to be executed
by an officer so appointed then, in favour of a purchaser the
instrument is deemed to have been executed by an officer duly
authorised.

(4) In this section "purchaser" has the meaning assigned to it by
section 4(6).

(5) This section applies whenever the power of attorney was created.

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 8
Delivery of power of attorney relating to unregistered land to
purchaser.

8. Notwithstanding any stipulation to the contrary, a purchaser of
any interest in or charge upon unregistered land is entitled to
have any instrument creating a power of attorney which affects his
title, or a copy thereof or of the material portions thereof,
delivered to him free of expense.

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 9
Power to delegate trusts etc., by power of attorney.

9.Subs.(1) substitutes s.26 of 1958 c.23 (NI)

(2) The substitution effected by this section does not invalidate
anything done by virtue of the said section 26 as in force at the
commencement of this Act.

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 10
Effect of general power of attorney in specified form.

10.(1) Subject to subsection (2), a general power of attorney in
the form set out in Schedule 1, or in a form to the like effect,
but expressed to be made under this Act, shall operate to confer

(a)on the donee of the power; or

(b)if there is more than one donee, on the donees acting jointly
or acting jointly or severally, as the case may be,

(2) This section does not apply to functions which the donor has
as a trustee or personal representative or as a tenant for life
within the meaning of the Settled Land Act 1882 or as a trustee
or other person exercising the powers of a tenant for life under
section 60 of the said Act.

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 11
Amendments, repeals and savings.

11.Subs.(1) amends s.48 of 1881 c.41; subs.(2), with Schedule 2,
effects repeals

(3) Nothing in this Act shall affect the operation of sections 28
and 29 of the Interpretation Act (Northern Ireland) 1954 (which
relate to the effect of repeals and of substituting provisions).

POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 12
Short title and commencement.

12.(1) This Act may be cited as the Powers of Attorney Act
(Northern Ireland) 1971.

(2) Commencement

THIS GENERAL POWER OF ATTORNEY is made this < day of 19 by AB of <.I appoint CD of

IN WITNESS etc.

Schedule 2Repeals