Regulation 5
Criteria for registration of non‑individual as professional deputy
of Mental Capacity (Registration of Professional Deputies) Regulations 2018
For the purposes of section 25A(2) of the Act, the Public Guardian may register a person (not being an individual) as a professional deputy to exercise powers with respect to P’s property and affairs if, and only if, the Public Guardian is satisfied —
that the person is a licensed trust company within the meaning of section 2 of the Trust Companies Act 2005;
that the court has not (whether before, on or after 1 September 2018) made any of the following orders in relation to the person:
because of the circumstances mentioned in section 17(3)(a) or (b) of the Act, an order under section 17(4) of the Act directing that an instrument purporting to create a lasting power of attorney not be registered, or revoking the instrument or lasting power of attorney, as it relates to that person; (ii)an order revoking the person’s appointment as a deputy under section 20(8)(a), (b) or (c) of the Act; (iii)an order suspending all or any of the person’s powers as a donee or deputy under section 36A of the Act; and
that the person is fit to be registered as a professional deputy after taking into account the person’s compliance history with requirements by or under the Act or regulations made under the Act.