(1) A prescribed power of attorney does not authorise an attorney to execute
an assurance or other document, or to do any other act, as a result of which a
benefit would be conferred on a third party unless the instrument creating the
power expressly authorises the conferral of the benefit.
Note : This
subsection restates a rule of the general law. Accordingly, whether the
conferral of a benefit on a third party is expressly authorised by a
prescribed power of attorney is to be determined by reference to the general
principles and rules of the common law and equity concerning the
interpretation of powers of attorney.
(2) Without limiting subsection (1), a
prescribed power of attorney that includes the prescribed expression for the
purposes of this subsection set out in Schedule 3 authorises an attorney to
confer on a third party the kinds of benefits that are specified by that
Schedule for that expression.