SCHEDULES

Section 15

SCHEDULE 1 Register of Presumed Deaths

Entries in Register of Presumed Deaths

1 (1) 5When a declaration under this Act satisfies section 3(3)(a) or (b), the court
must send to the Registrar General—

(a) a copy of the declaration, and

(b) any prescribed information.

(2) On receipt of a copy of a declaration in accordance with sub-paragraph (1),
10the Registrar General must—

(a) make an entry in the Register of Presumed Deaths containing the
name of the missing person and such other information as may be
prescribed in relation to that person’s presumed death,

(b) secure that the entry made in the Register of Presumed Deaths is
15included in the index of the registers of deaths, and

(c) make traceable the connection between the entry in the Register of
Presumed Deaths and the index of the registers of deaths.

(3) In this paragraph “prescribed” means prescribed by regulations made by the
Registrar General with the approval of the Secretary of State.

20Amendment and cancellation of entries in Register

2 (1) When a variation order satisfies section 6(4)(a) or (b), the court must send to
the Registrar General—

(a) a copy of the order, and

(b) any prescribed information.

(2) 25Where the variation order varies a declaration, on receipt of a copy of the
order in accordance with sub-paragraph (1), the Registrar General must—

(a) amend the entry in the Register of Presumed Deaths in relation to the
missing person, and

(b) amend any entry relating to that person made in the index of the
30registers of deaths in accordance with paragraph 1(2)(b).

(3) Where the variation order revokes a declaration, on receipt of a copy of the
order in accordance with sub-paragraph (1), the Registrar General must—

(a) cancel the entry in the Register of Presumed Deaths relating to the
missing person, and

(b) 35cancel any entry relating to that person made in the index of the
registers of deaths in accordance with paragraph 1(2)(b).

(4) In this paragraph “prescribed” means prescribed by regulations made by the
Registrar General with the approval of the Secretary of State.

Searches and certified copies

3 (1) Any right to search the index of the registers of deaths includes the right to
5search entries included in it in accordance with paragraph 1(2)(b).

(2) Any person is entitled to have a certified copy of an entry in the Register of
Presumed Deaths (but see paragraph 6).

(3) The Registrar General must cause a certified copy of an entry in the Register
of Presumed Deaths to be sealed or stamped with the seal of the General
10Register Office.

(4) No certified copy of an entry in the Register of Presumed Deaths is to be of
any force or effect unless it is sealed or stamped in accordance with sub-
paragraph (3).

(5) Section 34(5) of the Births and Deaths Registration Act 1953 (certified copy
15on form different from original entry deemed to be true copy) applies in
relation to a copy of an entry in the Register of Presumed Deaths as it applies
in relation to a copy of an entry in a register made under that Act.

Proof of death

4 A certified copy of an entry in the Register of Presumed Deaths in relation to
20a person is to be received as evidence of the person’s death, without further
or other proof, if it purports to be sealed or stamped in accordance with
paragraph 3(3).

Correction and annotation of Register

5 (1) Where it appears to the Registrar General that there is a clerical error in the
25Register of Presumed Deaths, the Registrar General may authorise a person
to correct the error.

(2) Where it appears to the court that there is an error in the Register of
Presumed Deaths, the court may direct the Registrar General to secure that
the error is corrected.

(3) 30The Registrar General may annotate, or cancel the annotation of, any entry
in the Register of Presumed Deaths.

(4) Sub-paragraph (5) applies where it appears to the Registrar General that the
death of a missing person to whom an entry in the Register of Presumed
Deaths relates—

(a) 35has been registered in a register of deaths made under the Births and
Deaths Registration Act 1953, or

(b) has been recorded in a register kept or maintained under the law of
a country or territory outside England and Wales corresponding in
nature to a register described in paragraph (a).

(5) 40The Registrar General must annotate the relevant entry in the Register of
Presumed Deaths accordingly.

Fees

6 (1) A fee of a prescribed amount is payable to the Registrar General for a
certified copy of an entry in the Register of Presumed Deaths.

(2) The Registrar General may refuse to provide such a copy until the prescribed
5fee is paid, except as otherwise prescribed.

(3) In this paragraph “prescribed” means prescribed by regulations made by the
Secretary of State.

Interpretation

7 In this Schedule “the index of registers of deaths” means the index kept in
10the General Registry Office of certified copies of entries in the registers of
deaths made under the Births and Deaths Registration Act 1953.

Section 16

SCHEDULE 2 Amendment of provisions about presumption of death

Matrimonial Causes Act 1973 (c. 18)Matrimonial Causes Act 1973 (c. 18)

1 15Omit section 19 of the Matrimonial Causes Act 1973 (presumption of death
and dissolution of marriage).

Domicile and Matrimonial Proceedings Act 1973 (c. 45)Domicile and Matrimonial Proceedings Act 1973 (c. 45)

2 In section 5 of the Domicile and Matrimonial Proceedings Act 1973
(jurisdiction of High Court and county courts), omit—

(a) 20subsection (1)(b) (and the “and” before it);

(b) subsection (4).

Civil Partnership Act 2004 (c. 33)Civil Partnership Act 2004 (c. 33)

3 (1) Section 222 of the Civil Partnership Act 2004 (proceedings for presumption
of death order) is amended as follows.

(2) 25After “presumption of death order” insert “on an application made by a civil
partner”.

(3) Omit paragraphs (a) and (b).

(4) After those paragraphs insert—

“(ba) at the time the application is made, the High Court does not
30have jurisdiction to entertain an application by that civil
partner under section 1 of the Presumption of Death Act 2012
for a declaration that the other civil partner is presumed to be
dead, and”.

Consequential repeal

4 35In consequence of the repeal in paragraph 1, omit paragraph 7 of Schedule 8
to the Family Law Act 1996.