Presumption of Death and Provisions Relating to Missing Persons Bill (HL Bill 12)

Presumption of Death and Provisions Relating to Missing Persons BillPage 20

(a) where the variation order amends a declaration made under section
1—

(i) amend the entry in the Register of Presumed Deaths in
relation to the person to whom the declaration relates; and

(ii) 5amend any entry relating to that person made in the index of
the Register of Deaths by virtue of paragraph 1(2)(b); or

(b) where the variation order revokes a declaration made under section
1—

(i) cancel the entry in the Register of Presumed Deaths relating
10to the person to whom the declaration relates; and

(ii) cancel any entry relating to that person made in the index of
the Register of Deaths by virtue of paragraph 1(2)(b).

Searches of indexes and examination of entries

3 (1) Any right to search the index of the Register of Deaths includes the right to
15search entries included in it by virtue of paragraph 1(2)(b).

(2) Any person may examine any entry in the Register of Presumed Deaths.

(3) Any person may require the Registrar General to provide him or her with a
certified copy of an entry in the Register of Presumed Deaths.

(4) A certified copy of an entry in the Register of Presumed Deaths must be
20stamped with the seal of the General Register Office, of which judicial notice
shall be taken.

Correction etc. of Register

4 (1) Where it appears to the Registrar General that there is any clerical error of
fact or substance in the Register of Presumed Deaths, the Registrar General
25may authorise any person to correct the error in the Register.

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

Re-registration

5 (1) Where the Registrar General is of the opinion that it is desirable that any
30entry in the Register of Presumed Deaths should be re-registered on the
ground that there is or has been an error in the entry, the Registrar General
may authorise the re-registration of the entry.

(2) Any re-registration under sub-paragraph (1) must be effected in the
prescribed manner.

35Proof of death

6 A certified copy of an entry in the Register of Presumed Deaths in relation to
a person is to be received, without further or other proof, as evidence of the
person’s death.

Fees

7 (1) 40There shall be payable for or in respect of—

(a) examination of a particular entry in the Register of Presumed Deaths;

Presumption of Death and Provisions Relating to Missing Persons BillPage 21

(b) certified copies of an entry in the Register of Presumed Deaths;

(c) furnishing information for the purposes of any enactment requiring
proof of death;

fees of such amounts as may be prescribed by order made by the Secretary
5of State.

(2) No order shall be made under sub-paragraph (1) unless a draft of the order
has been laid before Parliament and approved by a resolution of each House
of Parliament.

(3) Where any fee is prescribed under sub-paragraph (1), then it shall not be
10lawful for any person to demand or receive, in respect of any transaction to
which that fee relates, any sum in excess of the prescribed fee other than a
sum equal to the amount of any expenditure properly incurred in the
carrying out of that transaction.

(4) Except as may be prescribed, the Registrar General may refuse to comply
15with any application made to the Registrar General under this Act until the
fee prescribed under sub-paragraph (1) is paid; and any such fee shall be a
debt recoverable summarily by the Registrar General.

Interpretation

8 In this Schedule, “the Register of Deaths” means the Register of Deaths kept
20in the General Register Office.

Section 45

SCHEDULE 2 Consequential amendments

Supreme Court Act 1981

1 In section 18, in paragraph (fa), for “dissolution order, nullity order or
25presumption of death order” substitute “dissolution order or nullity order”.

Matrimonial Causes Act 1973

2 (1) In section 5, subsection (1)(b) and subsection (4) are omitted.

(2) Section 19 is omitted.

Civil Partnership Act 2004

3 (1) 30In section 37—

(a) in subsection (1), paragraph (c) is omitted;

(b) in subsection (2) for “dissolution, nullity or presumption of death
order” substitute “dissolution order or nullity order”.

(2) In section 39, in subsection (1) for “dissolution, nullity or presumption of
35death order” substitute “dissolution order or nullity order”.

(3) In section 210, in subsection (5) omit “222(c),”.

(4) In section 211, in subsection (4) omit “222(c),”.

Presumption of Death and Provisions Relating to Missing Persons BillPage 22

(5) Section 222 is omitted.

Section 45

SCHEDULE 3 Repeals

Short title and chapter Extent of repeal
Matrimonial Causes Act 1973
(c. 18)
5Section 19.
Domicile and Matrimonial
Proceedings Act 1973 (c. 45)
In section 5, subsection (1)(b) and subsection (4).
Civil Partnership Act 2004
(c. 33)
In section 37, subsection (1)(c).
10
Section 55.
In section 72, subsection (2).
Section 222.