OPG update: June 2023

Certificates of registration

For some time now OPG has issued two versions of certificates of registration: an electronically produced certificate containing a crest watermark, and a manually produced certificate containing a red seal.

We have found that there has been some uncertainty within organisations by having two versions of the registration certificates, which is resulting in those who act on behalf of others experiencing difficulties when exercising their legal authority.

Therefore, from 1 July 2023, OPG will only issue certificates of registration with the crest watermark. 

• This means that the certificate with the red seal will not be issued after 1 July 2023. 
• Certificates with the red seal already in circulation and presented after 1 July 2023 should continue to be accepted, as they remain valid forms of legal authority. 
• Special measures implemented from March 2020 to manage critical business during the coronavirus pandemic have now been implemented as regular business-as-usual processes. Certificates issued under special measures continue to be valid forms of legal authority and should continue to be accepted after 1 July 2023. 

A summary of the changes to the certificates is available from OPG’s website. Communications are underway to bring this information to the attention of key financial organisations and institutions. 

Online EPOAR service review

OPG is reviewing the EPOAR online power of attorney submission service. If you are a firm of solicitors and not currently using EPOAR, OPG is keen to hear from you. If you are willing to assist with user research please email: opgtransformation@scotcourts.gov.uk

PoA amendment policy review

With a wealth of knowledge and experience to draw from, OPG is currently reviewing its PoA amendment policy. The review will allow OPG, amongst other things, to provide better protection to the granter, once they have become an adult with incapacity, as was the intention of the Act and the policy. Background information is available from the news page of OPG’s website.

OPG would like to thank all who took part and shared their views in the recent consultation exercise. The outcome of the review will be published in due course.