Law of Property Act receivership—appointed under statute, specifically the Law of Property Act 1925 (LPA 1925) to take charge of a mortgaged property when the borrower is in default.

Context Public participation in, and consultation on, proposals for the development of land form an important element of the planning process. Publicity and consultation can be carried out at the following main stages: • before the submission of the planning application (referred to as pre-application consultation) • once the planning application has been submitted to the local planning authority (LPA), and before the application is determined • where the planning application is amended before the application is determined • once the planning application has been determined, and amendments to the development as permitted by the planning permission are to be made This Practice Note deals with the circumstances in which an LPA is under a statutory duty to undertake publicity and consultation in respect of development proposals. It does not deal with voluntary publicity which an applicant may undertake before submitting its planning application, other than statutory pre-application consultation requirements, nor with any publicity and consultation requirements for the production of development plans and other planning policy documents. Pre-application consultation Circumstances where pre-application consultation

Planning analysis: In Staunch Campaign v North Northamptonshire Council, the court dismissed a judicial review challenging planning permission for a major warehousing development near the Upper Nene Valley Gravel Pits Special Protection Area (SPA). It held that, on the evidence before the competent authority, the creation and long-term management of replacement functionally linked land was capable of constituting mitigation under regulation 63 of the Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations), rather than compensation requiring consideration under regulation 64.

The precedents in this document are based on those found in Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney. This document contains precedent wording suitable for inclusion in health and welfare lasting powers of attorney (LPAs). For precedent wording appropriate for property and financial affairs LPAs, see: LPA precedent instructions and preferences—property and financial affairs LPAs. For precedent wording suitable for inclusion in either property and financial affairs or health and welfare LPAs, see: LPA precedent instructions and preferences—property and financial affairs and health and welfare LPAs. For guidance on LPA instructions and preferences, see Practice Note: LPAs—instructions and preferences. Jointly for some decisions, and jointly and severally for other decisions ‘My attorneys must act jointly in respect of decisions relating to: • where I live • whether I should have surgical treatment • whether I should receive life-sustaining treatment My attorneys may act jointly and severally in respect of all other decisions.’ Notes Section 10(4) of the Mental Capacity Act 2005 (MCA 2005) provides

The precedents in this document are based on those found in Part 2, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney. This document contains precedent wording suitable for inclusion in property and financial affairs lasting powers of attorney (LPAs). For precedent wording appropriate for health and welfare LPAs, see: LPA precedent instructions and preferences—health and welfare LPAs. For precedent wording suitable for inclusion in either property and affairs or health and welfare LPAs, see: LPA precedent instructions and preferences—property and financial affairs and health and welfare LPAs. For guidance on instructions and preferences, see Practice Note: LPAs—instructions and preferences. Triggering event—evidence of mental incapacity ‘My attorneys shall only act under this power if they have obtained a written medical opinion stating that I am no longer mentally capable of managing and administering my property and financial affairs. I give my attorneys authority to obtain a medical opinion for the purpose of establishing that they can act, and for the avoidance of doubt, I give my consent to the

The precedents in this document are based on those found in Part I, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney. This document contains precedents suitable for inclusion in either property and financial affairs lasting powers of attorney (LPAs) or health and welfare LPAs. For precedent wording appropriate for property and affairs LPAs, see: LPA precedent instructions and preferences—property and financial affairs LPAs. For precedent wording appropriate for health and welfare LPAs, see: LPA precedent instructions and preferences—health and welfare LPAs. For guidance on LPA instructions and preferences, see Practice Note: LPAs—instructions and preferences. Applicable law ‘The law of [territorial jurisdiction] shall be the law applicable to the existence, extent, modification or extinction of this Lasting Power of Attorney.’ Notes The Mental Capacity Act 2005 (MCA 2005), Sch 3, para 13(1) provides that if the donor of an LPA is habitually resident in England and Wales at the time of granting the LPA, the law applicable to the existence, extent, modification or

A note on terminology The Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to appoint an LPA receiver: • when the mortgage moneys become due, and • after making a demand for payment under the terms of the mortgage This right may alternatively (and more usually will) arise under the terms of the charge. In both cases the receiver may be referred to as a fixed charge receiver (in the latter case the receiver is not an LPA receiver, but in practice is often still referred to by this name). Checklist and timescale Inevitably, a large number of LPA/fixed charge receiver appointments are made with some considerable urgency, but it is important that the essential elements for valid appointment are not overlooked. This Checklist sets out a list of points an LPA/fixed charge receiver should check before and after their appointment, how to obtain the appointment, and the timescales within which certain actions are required. For more detail on when an LPA/fixed charge receiver can be appointed

FORTHCOMING CHANGE: Further to the Government's response to the Ministry of Justice’s and Office of the Public Guardian (OPG)’s consultation Modernising Lasting Powers of Attorney, the Powers of Attorney Bill received Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 (PAA 2023). When it comes into force, PAA 2023 will introduce changes to the Mental Capacity Act 2005 (MCA 2005) to create a more modern lasting power of attorney (LPA) service. The changes will include: (i) introducing regulations to allow those involved in making an LPA to select whether to sign the LPA digitally or on paper; (ii) removing the ability for attorneys to register an LPA so that only the donor will be permitted to register; (iii) introducing regulations governing identification verification requirements in relation to registration applications; (iv) providing for a single route for registration objections to the OPG and widening the group of people who can lodge an objection to include third parties and not just those named in the LPA; and (v) making the notification of named

FORTHCOMING CHANGE: Further to the Government's response to the Ministry of Justice’s and Office of the Public Guardian (OPG)’s consultation Modernising Lasting Powers of Attorney, the Powers of Attorney Bill received Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 (PAA 2023). When it comes into force, PAA 2023 will introduce changes to the Mental Capacity Act 2005 (MCA 2005) to create a more modern lasting power of attorney (LPA) service. The changes will include: (i) introducing regulations to allow those involved in making an LPA to select whether to sign the LPA digitally or on paper; (ii) removing the ability for attorneys to register an LPA so that only the donor will be permitted to register; (iii) introducing regulations governing identification verification requirements in relation to registration applications; (iv) providing for a single route for registration objections to the OPG and widening the group of people who can lodge an objection to include third parties and not just those named in the LPA; and (v) making the notification

FORTHCOMING CHANGE: Further to the Government's response to the Ministry of Justice’s and Office of the Public Guardian (OPG)’s consultation Modernising Lasting Powers of Attorney, the Powers of Attorney Bill received Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 (PAA 2023). When it comes into force, PAA 2023 will introduce changes to the Mental Capacity Act 2005 (MCA 2005) to create a more modern lasting power of attorney (LPA) service. The changes will include: (i) introducing regulations to allow those involved in making an LPA to select whether to sign the LPA digitally or on paper; (ii) removing the ability for attorneys to register an LPA so that only the donor will be permitted to register; (iii) introducing regulations governing identification verification requirements in relation to registration applications; (iv) providing for a single route for registration objections to the OPG and widening the group of people who can lodge an objection to include third parties and not just those named in the LPA; and (v) making the notification

FORTHCOMING CHANGE: Further to the Government's response to the Ministry of Justice’s and Office of the Public Guardian (OPG)’s consultation Modernising Lasting Powers of Attorney, the Powers of Attorney Bill received Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 (PAA 2023). The PAA 2023 is partially in force with further changes to come that will introduce changes to the Mental Capacity Act 2005 (MCA 2005) to create a more modern lasting power of attorney (LPA) service. The changes will include: (i) introducing regulations to allow those involved in making an LPA to select whether to sign the LPA digitally or on paper; (ii) removing the ability for attorneys to register an LPA so that only the donor will be permitted to register; (iii) introducing regulations governing identification verification requirements in relation to registration applications; (iv) providing for a single route for registration objections to the OPG and widening the group of people who can lodge an objection to include third parties and not just those named in the LPA; and (v) making the

FORTHCOMING CHANGE: Further to the Government's response to the Ministry of Justice’s and Office of the Public Guardian (OPG)’s consultation Modernising Lasting Powers of Attorney, the Powers of Attorney Bill received Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 (PAA 2023). Most provisions of the Act are not yet in force, pending secondary legislation. When it does come into force, PAA 2023 will introduce changes to the Mental Capacity Act 2005 (MCA 2005) to create a more modern lasting power of attorney (LPA) service. The changes will include: (i) introducing regulations to allow those involved in making an LPA to select whether to sign the LPA digitally or on paper; (ii) removing the ability for attorneys to register an LPA so that only the donor will be permitted to register; (iii) introducing regulations governing identification verification requirements in relation to registration applications; (iv) providing for a single route for registration objections to the OPG and widening the group of people who can lodge an objection to include