Powers of Attorney Act 1983

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AT 5 of 1983

POWERS OF ATTORNEY ACT 1983

Powers of Attorney Act 1983 Index


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c i e
POWERS OF ATTORNEY ACT 1983

Index Section Page

1 Execution of powers of attorney ................................................................................... 5
2 Proof of instruments creating powers of attorney ..................................................... 5
3 Powers of attorney given as security ........................................................................... 6
4 Protection of donee and third persons where power of attorney is revoked ........ 6
5 Additional protection for transferees under stock exchange transactions ............. 7
6 Execution of instruments etc by donee of power of attorney ................................... 8
7 ...... ..................................................................................................................................... 8
8 Effect of general power of attorney in specified form ............................................... 8
8A Power of attorney in overseas form ............................................................................. 8
9 Short title, repeals and commencement....................................................................... 9
SCHEDULE 1 11

FORM OF GENERAL POWER OF ATTORNEY FOR PURPOSES OF SECTION
8 11
SCHEDULE 2 11

ENDNOTES 13

TABLE OF LEGISLATION HISTORY 13
TABLE OF RENUMBERED PROVISIONS 13
TABLE OF ENDNOTE REFERENCES 13

Powers of Attorney Act 1983 Section 1


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c i e
POWERS OF ATTORNEY ACT 1983

Received Royal Assent: 26 April 1983
Passed: 17 May 1983
Commenced 1 July 1983
AN ACT
to make new provision in relation to powers of attorney and the
delegation by trustees of their trusts, powers and discretions.
1 Execution of powers of attorney

[P1971/27/1]
(1) An instrument creating a power of attorney shall be signed by, or by
direction and in the presence of, the donor of the power.
(2) Where such an instrument is signed 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.

2 Proof of instruments creating powers of attorney

[P1971/27/3]
(1) The contents of an instrument creating a power of attorney may be
proved by means of a copy which —
(a) is a reproduction of the original made with a photographic or
other device for reproducing documents in facsimile; and
(b) contains the following certificate or certificates signed by the
donor of the power or by an advocate or stockbroker, that is
to say —
(i) a certificate at the end to the effect that the copy is a true
and complete copy of the original; and
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(ii) if the original consists of two or more pages, a certificate at
the end of each page of the copy to the effect that it is a true
and complete copy of the corresponding page of the
original.
(2) Where a copy of an instrument creating a power of attorney has been
made which complies with subsection (1) the contents of the instrument
may also be proved by means of a copy of that copy if the further copy
itself complies with that subsection, taking references in it to the original
as references to the copy from which the further copy is made.
(3) In this section “stockbroker
” means a member of any stock exchange
within the meaning of the Stock Transfer Act 1965.
(4) This section is without prejudice to section 43 of the Registration of Deeds
Act 1961 (certified copies of deeds) and to any other method of proof
authorised by law.
3 Powers of attorney given as security

[P1971/27/4]
(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,
then, so long as the donee has that interest or the obligation
remains undischarged, the power shall not be revoked —
(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
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.
4 Protection of donee and third persons where power of attorney is

revoked

[P1971/27/5]
(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.
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(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 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 12 months of the date on which the power came into
operation; or
(b) that person makes a statutory declaration, before or within 3
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
” and “purchase
” have the meanings specified
in section 2 of the Conveyancing Act 1908.
(7) This section applies whenever the power of attorney was created but
only to acts and transactions after the commencement of this Act.
5 Additional protection for transferees under stock exchange transactions

[P1971/27/6]
(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,
it shall be conclusively presumed in favour of the transferee that
the power had not been revoked at the date of the instrument if a
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statutory declaration to that effect is made by the donee of the
power on or within 3 months after that date.
(2) In this section “registered securities
” and “stock exchange transaction
”
have the same meanings as in the Stock Transfer Act 1965.
6 Execution of instruments etc by donee of power of attorney

[P1971/27/7]
(1) The donee of the 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,
by the authority of the donor of the power; and any document
executed or thing done in that manner shall be as effective as if
executed or done by the donee with the signature, or, as the case
may be, in the name, of the donor of the power.
(2) This section applies whenever the power of attorney was created.
7 [Repealed]
1

8 Effect of general power of attorney in specified form

[P1971/27/10]
(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,
authority to do on behalf of the donor anything which he can
lawfully do by an attorney.
(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 1891, or as a person having the powers of a tenant for
life under that Act.
8A Power of attorney in overseas form

(1) The Council of Ministers may by order provide that an instrument in a
form specified in the order, which under the law of an overseas country
so specified has the effect of conferring on a person named in the
instrument authority to do on behalf of the maker of the instrument —
(a) anything specified in the instrument, or
(b) anything which he can lawfully do by an agent or attorney, or
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(c) anything (except a thing or things specified in the instrument)
which he can lawfully do by an agent or attorney,
shall have effect according to its tenor, as if it had been made in a
form having effect for that purpose under the law of the Island.
(2) Nothing in an order under subsection (1) enables anything to be done
which cannot lawfully be done by an agent or attorney.
(3) An order under subsection (1) shall not have effect unless it is approved
by Tynwald, but may have effect in relation to an instrument made
before as well as after the order comes into operation.
(4) In this section “overseas country
” means a country or territory outside
the Island.2

9 Short title, repeals and commencement

(1) This Act may be cited as the Powers of Attorney Act 1983.
(2) ......3

(3) This Act shall come into force on the 1st July 1983.
Powers of Attorney Act 1983 Schedule 1



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Schedule 1

FORM OF GENERAL POWER OF ATTORNEY FOR PURPOSES OF SECTION 8

Section 8
THIS GENERAL POWER OF ATTORNEY is made this . . . . . . . . . . . . day of . . . . . . . . . .
. . . . . . . . . . . . . . 19. . . . . by AB of . . . . . . . . . . . . . . . . . . . I appoint CD of . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [or
CD of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and EF of . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . jointly or jointly and severally]
to be my attorney[s] in accordance with section 8 of the Powers of Attorney Act 1983.
In Witness etc.,
Schedule 2
4

Powers of Attorney Act 1983 Endnotes



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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 7 repealed by Law Reform (Miscellaneous Provisions) Act 1996 s 2(2) (see s 2(3). 2
S 8A inserted by Law Reform (Miscellaneous Provisions) Act 1996 s 1. 3
Subs (2) repealed by Statute Law Revision Act 1992 Sch 2. 4
Sch 2 repealed by Statute Law Revision Act 1992 Sch 2.