Can the public administration cancel an ex officio representation?

The Public Administration can cancel a representation directly, without the request of either party. In the case of the Representative, the Electronic Register of Powers of Attorney, this cancellation has been enabled and can be managed through the cancellation concept.

When do you need to cancel a representation?

When the administration detects an error in a representation, it is necessary to motivate its withdrawal and annul it, so that it is not used in administrative practice and the action of a person is not allowed on behalf of another in some administrative procedure, based on this.

Errors can be of two main types, when there is an error:

  • in the identification data of the representation, e.g. name or number. wrong identifier
  • in the type of representation depending on the powers of attorney or supporting documents provided, e.g. in the power of attorney a procedural power of attorney is identified and instead, a type A or General power of attorney has been registered.

Not canceling these representations can mean that, for example, a body checks whether a person can act on behalf of another, but does not appear in the database of the Representative because the DNI or the type of power of attorney registered is wrong. 

How should a public worker proceed when he detects that there is an error in a representation? Who is responsible for the cancellation? How is it articulated?

Cancellation procedure

  • a representation has been created and the same manager that created it detects that there is a data error >> just cancel and indicate the reason, e.g. “Error generating the representation”
  • a representation created by another manager/validated by another public worker was consulted and a "serious" data error was detected >>
    • if it is a representation that has gone through "pending validation": consult who validated the representation (details) and contact them to comment on the reasons and that it is this person who cancels it.
    • if it is a representation that has not gone through pending validation, created by a public worker: consult who created it (details) and contact them to comment on the reasons and have that person cancel it.
  • a representation created by a citizen/company has been consulted and has not passed pending validation: it must be canceled directly by the public worker who has detected an error.

If the interested parties have reported an e-mail address they will receive the e-mail with the reason for the cancellation.

How do I cancel a representation? 

There are two ways to cancel a representation:

  • From the Consultation of the detail of a representation (see section “Consultation of the detail of a representation” a How can I make representation queries?)
  • Or, by deploying the "View" button, which we have in the list of representations and selecting the "Cancel" option

It will be necessary to motivate the cancellation and optionally we can add the necessary documentation to motivate the cancellation of the representation by the administration.

Afterwards, we must click on the Cancel button

If we are sure of this, we inform the reason for the cancellation and click on Confirm:

And the representation will be in state "canceled".

You can find more information about the cancellation operation in the first section of the FAQ about how to cancel a representation [https://suport-representa.aoc.cat/hc/ca/articles/4417809780369-Com-es-pot-donar-de-baixa-una-representaci%C3%B3- and on the cancellation procedure https://suport-representa.aoc.cat/hc/ca/articles/5471862101661]

X