Representation Mandate
Third party access relates to different ways of giving another person access to your account and the right to operate it.
This may be through a Representation Mandate, which permits someone to talk to us about your account, or Power of Attorney, which allows someone to act on your behalf.
There are some representatives who due to their position can represent your account without a Representation Mandate being in place.
Other representatives can represent your account; however, there must be an authenticated, signed mandate held.
Full details of who does or does not require a Representation Mandate are listed below:
| Representation | Mandate required? | Full details |
|---|---|---|
| Solicitor | No | Any application for information from a solicitor may be accepted at face value as they are regulated by the Law Society of Scotland Rules of Professional Practice, and do not need to have a representation mandate. If they make a telephone request for personal data they will be asked to re-submit in writing on original letterhead. |
| Elected Members: MP/MSP/MEP/Councillor | No | Any application for information may be accepted at face value as they are regulated by either the Scottish Parliament or the UK Parliament, therefore a mandate is not compulsory. No telephone requests for personal data can be accepted though and they will be advised to submit the request in writing on original letterhead with a personal signature. NOTE: If the request by a Councillor is for someone outwith their ward, a mandate will be required. |
| Property owner | No | All applications for information can be accepted from any property owner named on the account without a mandate. |
| Partner/Family member | Yes / No | If the application for information is from a partner / family member who is named on the account, such as joint tenancies, no mandate is required. If they are not named on the account an application for information is received, this must be accompanied by an authenticated, signed mandate from the property owner. |
| Representative | Yes | All applications for information must be accompanied by an authenticated, signed mandate. If there is no mandate then the application will be refused. |
Requests for personal data such as access to copies of tenancy files, any other personal data or CCTV imagery, will be processed through a Subject Access Request.
Requests for non-personal information such a housing repairs, central heating etc. can be dealt with over the telephone as long as the person enquiring meets the Mandate requirements listed above.
Please see the table below for what access a Mandate and a relevant Power of Attorney gives:
| Service | Mandate | Power of Attorney |
|---|---|---|
| Signing any legal documentation | X | |
| Signing up to a tenancy | X | |
| Ending a tenancy | X | |
| Changing bank account details | X | |
| You are preparing for losing/ have lost mental capacity | X | |
| Requesting a service for you e.g. raising a repair | X | X |
| Calling our Customer First Centre to speak about your account | X | X |
| Arranging an appointment with your housing officer | X | X |
Talking to us about:
| X | X |
| You need help with account management for administrative convenience | X | X |
| You are going abroad and won't have access to accounts | X | X |
| You are physically ill, injured or disabled | X | X |
Mandates
A Representation Mandate is a formal instruction from you to us. It tells us that you’d like someone else to talk to us about your account and support you for example, by raising a repair.
These don't allow someone to act on your behalf or make changes to your account.
You might consider this option if you need help managing your account. Please see the table above for more information on what access a Representation Mandate gives.
How to register a mandate
In order to be represented by someone else, a mandate template should be completed and sent to us by post or email along with a clear copy of photo identification for you and the person who will be representing you.
You can complete a mandate template here by downloading and completing online and returning by email, or by printing and returning the paper form.
We can produce the mandate on request at no cost, translated, in large print, in Braille, on tape, or in another non-written format.
If you require an alternative format or need support in completing a mandate please call us on 0800 952 9292 or email info@wheatley-group.com
Completing the template
There are six sections in the mandate. Make sure you complete the following sections in full:
Section 1: enter your details and the details of the person who will be your representative
Section 2: tell us the areas where you want to be represented
Section 3: confirm how long you want your representative to act on your behalf. You and you representative will need to sign this section.
Section 6: check you have included everything we need to process your mandate.
Returning the template
When returning this form, please send a copy of proof of identity for you and your representative.
This should be in the form of valid, in date photo identification. A copy includes a screenshot or picture - just make that the image is clear and person identifiable.
Example identification documents include:
- copy of current passport
- copy of current National Identity Card
- copy of current driving licence
- copy of travel documents (issued in the UK by the Home Office)
Copy of proof of identity should be forwarded with the completed form:
- By posting to Wheatley House, 25 Cochrane Street, Glasgow G1 1HL
- By email from the person being represented to: info@wheatley-group.com
If there is any part of the mandate template you need assistance with then please contact us on: 0800 952 9292
Please note, we may contact you and ask you to verify your identity with a standard security check. We’ll then confirm that you’re happy for the mandate to be issued before completing your request. We aim to review and confirm to you that a mandate is in place within 28 days of receiving this.
How long does a mandate last?
You can choose how long a mandate is held on your account. This can be for six, 12, or 18 months.
Beyond 18 months, you will need to complete and send us an updated mandate form and copy of identification.
You can choose to cancel the mandate at any time.
Power of Attorney
If you're looking to register a Power of Attorney with us to help manage your account, or you're not sure where to start, get it touch - we're here to help.
What is a Power of Attorney?
A Power of Attorney is a legal document whereby a customer (known as a grantor) appoints one or more people (attorneys) to act on their behalf if they’re unable to manage their accounts.
The grantor must have the mental capacity to create a Power of Attorney. It’s usually done by a solicitor or through the government website. The power of attorney also needs to be registered with the Office of the Public Guardian in Scotland before it can be used with us.
You can find more about how to complete this process here.
Types of Power of Attorney (PoA)
There are three types of PoA in Scotland, including a Continuing PoA which gives powers to deal with money and/or property.
This can be used by the attorney immediately after the PoA document has been registered with the Office of the Public Guardian in Scotland. If the PoA is only to be used in the event of your incapacity, it must clearly state that the powers are not to be used until this happens. You may wish to add a statement about who should make this decision about your incapacity.
You can read more about types of PoA here.
What can a Power of Attorney do?
An attorney can help make decisions about someone's finances or property, or make decisions on their behalf.
If the power appoints a sole attorney or multiple attorneys who can each act separately (e.g jointly and severally) the table below provides guidance on the services that we can provide.
If the power appoints more than one attorney to act together (i.e. 'jointly'), all attorneys have to act together. This means that any services restricted to sole access cannot be provided.
If the power of attorney document contains restrictions, we need to comply with the restrictions which may mean that we cannot provide some of these services.
Please see the table above for more information on what access a Power of Attorney gives. .
Mental capacity
When you want to register a power of attorney with us, if you’re the attorney, we’ll ask you whether the grantor retains the mental capacity to manage their account.
Mental capacity can be thought of as the ability to make your own decisions. You can find out more about mental incapacity and about the practical application of the The Adults with Incapacity (Scotland) Act 2000 on the NHS website.
As an attorney, you may need to support someone you know who has lost the capacity to deal with their account. This government guide will provide you with information and links which you may find useful.
How to register a Power of attorney
You can register a Power of Attorney with us in the following ways:
- Email info@wheatley-group.com
- Call us on 0800 952 9292, we can come to you or arrange a visit to a local hub
Get everything ready
We’ll need to see all pages of the Power of Attorney.
This can be either the original, or a copy certified by a solicitor, a Notary Public, or by the grantor if they have the mental capacity to do so. If you submit a copy of the document it must be signed and dated on every page, including any blank pages.
You can find more information about Power of Attorney, including registration forms, on the Office of Public Guardian Scotland website here.