Terms and Conditions

1. Definitions and Interpretation

EPOAR means the computer system managed and controlled by OPG to enable the electronic submission of power of attorney documents and the transmission of the certificate of registration.

Agent means the firm or business and not an individual partner, associate or employee.

Agent Administrator means a person authorised by the Agent to set up, maintain and delete EPOAR User accounts on behalf of the Agent. There may be more than one person so authorised. The Agent Administrator will also be an Agent Data Entry User.

Agent Data Entry (User) means an individual authorised by the Agent to use the EPOAR system.

OPG means the Office of the Public Guardian.

Website means the EPOAR website.

These terms and conditions means the terms and conditions set out in this document.

2. General

2.1 These terms and conditions govern the use of the EPOAR system, have contractual effect between OPG and each Agent and are governed by the law of Scotland.

2.2 If any provision of these terms and conditions is unlawful, void or unenforceable then it is deemed severable and shall not affect the validity or enforceability of the remaining provisions.

2.3 No informal representation can amend, vary, modify, waive or negate these terms and conditions or any additional conditions imposed on an Agent in any respect.

2.4 OPG reserves the right to alter these terms and conditions and will publish the current version on the website. Excepting any urgent alteration necessary to protect the security, integrity or stability of the EPOAR system, OPG will give the Agent thirty days notice of any proposed alterations. Use of the EPOAR system constitutes an acceptance of the terms and conditions then subsisting.

3. Agent’s rights and obligations

3.1 Each Agent undertakes that it will establish and maintain appropriate corporate governance measures to safeguard the EPOAR system from unauthorised access.

3.2 Each Agent undertakes that it will, (and will ensure that any Administrator or User authorised by it will) not do or omit to do anything that will or may adversely affect the operation, security, integrity, stability or overall efficiency of the EPOAR system.

3.3 If an Agent at any time (a) ceases to comply with these terms and conditions or (b) becomes aware that its ability to maintain its compliance with them is impaired or likely to become impaired, it must immediately notify OPG of this fact; and its right to use the EPOAR system shall be suspended until such time as the Agent can demonstrate to the reasonable satisfaction of OPG its ability to maintain compliance with these terms and conditions.

3.4 EPOAR may not be used in contravention of any legislation currently in force.

3.5 The Agent will ensure the data input to the EPOAR system is accurate. If any loss results from inaccurate data input, the loss shall rest with the Agent.

4. Participation in the EPOAR System

4.1 An Agent may use the EPOAR system only in accordance with these terms and conditions. On registering the Agent on EPOAR, the person so doing must have sufficient authority to agree to these terms and conditions on behalf of the Agent.

4.2 OPG may by notice impose additional conditions on that Agent which OPG acting reasonably considers appropriate to protect the security, integrity or stability of the EPOAR system.

4.3 An Agent must appoint one or more Agent Administrators to use the EPOAR system on its behalf, such authorisation being subject to these terms and conditions and any additional conditions specifically applicable to that Agent. Where an Agent authorises such an Administrator, the Agent is bound by and liable for the acts and omissions of, and any breaches of such terms and conditions by the Administrator as if they were the acts, omissions or breaches of the Agent.

4.4 An Agent may authorise one or more Data Entry Users (User) to use the EPOAR system on its behalf, each User having their own individual account. Such authorisation is subject to these terms and conditions and any additional conditions specifically applicable to that Agent. Where an Agent authorises such a User, the Agent is bound by and liable for the acts and omissions of, and any breaches of such terms and conditions by the User as if they were the acts, omissions or breaches of the Agent.

4.5 An Agent must immediately withdraw authority and access to the EPOAR system from any Administrator or User authorised by the Agent who is suspected of or has been involved in improper use of the EPOAR system, breach of these terms and conditions, or whose circumstances have changed such that the Administrator or User is no longer authorised to act on behalf of the Agent.

4.6 OPG may terminate Agent access to EPOAR with immediate effect, or terminate/restrict the authority of any Administrator or User if OPG reasonably considers that there is a threat to the security, integrity or stability of the EPOAR system or any power of attorney registration.

4.7 By using the EPOAR system, the Agent agrees to provide the Granter’s email address, or an alternative email address provided by the Granter, to which the Granter permits the electronic transmission of the copy power of attorney document. If a suitable email address cannot be provided by the Granter, the Agent agrees to seek the Granter’s approval to permit such transmission via their own (the firm’s) email address (for onward postage to the Granter). If the Agent is not able to comply with this, then the power of attorney paperwork and payment requires to be submitted postally. Similarly, the Agent also agrees to provide an email address in respect of any specified persons authorised to receive a copy of the power of attorney document by the Granter.

4.8 The Agent must delete the account of any User or Administrator who, for whatever reason, will no longer have cause to transact with the EPOAR system.

5. Registration Fees

5.1 Payment of Registration Fees for powers of attorney submitted under the EPOAR system must be made through the e-payment service used by OPG by means of a credit or debit card.

6. OPG Right to request original documents and evidence of attorney(s) consent to act.

6.1 OPG reserves the right at any time to ask for sight of the original Power of Attorney deed and statutory certificate.

6.2 OPG reserves the right at any time to call upon evidence of the attorney’s consent to act. Agents should therefore ensure that they have satisfactory evidence on their files of the attorney's consent to act. This will either be a statement to that effect signed by them, or an email communication or similar. OPG will have the final decision on whether such evidence is sufficient to allow registration.