(1) Where the Director makes an application to the court for a determination on whether the instrument creating an enduring power of attorney should be registered, the court may, notwithstanding that -

(a) the enduring power of attorney or the instrument creating it does not comply with section 59 or section 60, or

(b) the application to register the instrument was not in accordance with section 68, register the instrument where it is satisfied that -

(i) the donor intended the power to be effective during any period when the donor lacks capacity,

(ii) fraud, coercion or undue pressure was not used to induce the donor to appoint an attorney,

(iii) the attorney is suitable within the meaning of section 59(6) to be the donor's attorney, and

(iv) it is desirable in the interests of justice to register the enduring power.