Presumption of Death Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Presumption of Death Bill

Presumption of Death Bill
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(a)
under section 18(1) or (3) which amends, repeals, revokes or modifies
any statutory provision; or
(b)
under section 13,

shall be made unless a draft has been laid before and approved by a resolution
of each House of Parliament.
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Interpretation
(1)
In this Act—
“missing person” has the meaning assigned by section 1(1) of this Act;
“prescribed”, except in section 8 and paragraph 7(1) and (3) of Schedule 1,
means prescribed by regulations made by the Secretary of State;
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“the Registrar General” means the Registrar General for England and
Wales;
“the Register of Presumed Deaths” means the register maintained under
section 14(1);
“statutory provision” means any provision of an Act or instrument made
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under an Act;
“trust” means any trust which arises—
(a)
as a result of a declaration under section 1; or
(b)
in relation to the administration or devolution of the property of
a missing person as a result of a declaration under section 1;
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“trustee” means a trustee, executor, administrator or any other person
administering trust property;
“variation order” has the meaning assigned to it by section 5(3).
(2)
In sections 6 and 7, “insurer” means—
(a)
a person who has permission under Part IV of the Financial Services
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and Markets Act 2000 (c. 8) to effect or carry out contracts of insurance;
(b)
an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to
that Act, which has permission under paragraph 15 of that Schedule (as
a result of qualifying for authorisation under paragraph 12 of that
Schedule) to effect or carry out contracts of insurance; or
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(c)
any other person who provides for the payment of benefits on the death
of any person.
(3)
The definition of “insurer” in subsection (2) must be read with—
(a)
section 22 of the Financial Services and Markets Act 2000;
(b)
any relevant order under that section; and
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(c)
Schedule 2 to that Act.
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Supplementary provision
(1)
The Secretary of State may by order make such transitional or transitory
provisions and savings as it considers appropriate in connection with the
coming into operation of any provision of this Act.
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(2)
Nothing in section 14(2) or (3) restricts the power under subsection (1) to make
other transitional or transitory provisions and savings.
(3)
The Secretary of State may by order make such supplementary, incidental or
consequential provision as it considers appropriate for the purposes of, in
consequence of, or for giving full effect to, any provision of this Act.
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Presumption of Death Bill
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(4)
An order under subsection (1) or (3) may amend, repeal, revoke or otherwise
modify any statutory provision.
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Amendments and repeals
(1)
Schedule 2 (which contains consequential amendments) has effect.
(2)
The statutory provisions mentioned in the first column of Schedule 3 are
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repealed to the extent set out in the second column.
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Commencement
(1)
The following provisions of this Act come into operation one month after the
day on which this Act receives Royal Assent—
(a)
section 8;
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(b)
section 16;
(c)
section 17;
(d)
section 18;
(e)
this section; and
(f)
section 21.
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(2)
The other provisions of this Act come into operation on such day or days as the
Secretary of State may by order appoint.
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Short title
This Act may be cited as the Presumption of Death Act 2009.

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Presumption of Death Bill
Schedule 1 — Register of presumed deaths

Schedules
Schedule 1
Section 14(3)

Register of presumed deaths
Entries in Register of Presumed Deaths
1     (1)
Where a declaration under section 1 has been made by the High Court, the
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Court must—
(a)
where no appeal has been brought against the declaration, on the
expiration of the time within which such an appeal may be brought;
or
(b)
where an appeal has been brought against the declaration, on the
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conclusion of any appellate proceedings,

send a copy of the declaration and such particulars as may be prescribed to
the Registrar General.
      (2)
On receipt of a copy of a declaration in accordance with sub-paragraph (1),
the Registrar General must—
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(a)
make an entry in the Register of Presumed Deaths containing the
name of the missing person to whom the declaration relates and such
other particulars as may be prescribed in relation to that person‘s
presumed death;
(b)
secure that each entry made in the Register of Presumed Deaths is
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included in the index of the register of deaths; and
(c)
make traceable the connection between the entry in the Register of
Presumed Deaths and the index of the register of deaths.
Amendment and cancellation of entries in Register
2     (1)
Where a variation order has been made by the High Court, the Court must—
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(a)
where no appeal has been brought against the order, on the
expiration of the time within which such an appeal may be brought;
or
(b)
where an appeal has been brought against the order, on the
conclusion of any appellate proceedings,
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send a copy of the order and such particulars as may be prescribed to the
Registrar General.
      (2)
On receipt of a copy of a variation order in accordance with sub-paragraph
(1), the Registrar General must—
(a)
where the variation order amends a declaration made under section
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1—
(i)
amend the entry in the Register of Presumed Deaths in
relation to the person to whom the declaration relates; and

Presumption of Death Bill
Schedule 1 — Register of presumed deaths
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(ii)
amend any entry relating to that person made in the index of
the register of deaths by virtue of paragraph 1(2)(b);
(b)
where the variation order revokes a declaration made under section
1—
(i)
cancel the entry in the Register of Presumed Deaths relating
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to the person to whom the declaration relates;
(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
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search 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
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stamped 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 or
any error of fact or substance in the Register of Presumed Deaths, the
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Registrar General may 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
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5     (1)
Where the Registrar General is of the opinion that it is desirable that any
entry 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
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prescribed manner.
Proof of death
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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.
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Fees
7     (1)
There shall be payable for or in respect of—
(a)
examination of a particular entry in the Register of Presumed Deaths;
(b)
certified copies of an entry in the Register of Presumed Deaths;
(c)
furnishing information for the purposes of any enactment requiring
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proof of death,

Presumption of Death Bill
Schedule 2 — Consequential amendments
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fees of such amounts as may be prescribed by order made by the Secretary
of 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.
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      (3)
Where any fee is prescribed under sub-paragraph (1), then it shall not be
lawful 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.
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      (4)
Except as may be prescribed, the Registrar General may refuse to comply
with 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
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In this Schedule—
“the register of deaths” means the register of deaths kept in the General
Register Office.
Schedule 2
Section 18(1)

Consequential amendments
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The Supreme Court Act 1981 (c. 54)
1
In Section 18, in paragraph (fa), for “dissolution order, nullity order or
presumption of death order” substitute “dissolution order or nullity order”.
The Matrimonial Causes Act 1973 (c. 18)
2
In Article 49, paragraph (1)(b) and paragraph (4) are omitted.
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3
In Section 19, paragraph (6) is omitted.
The Civil Partnership Act 2004 (c. 33)
4
In section 161—
(a)
in subsection (1), paragraph (c) is omitted;
(b)
in subsection (2) for “dissolution, nullity or presumption of death
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order” substitute “dissolution order or nullity order”.
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In section 163, in subsection (1) for “dissolution, nullity or presumption of
death order” substitute “dissolution order or nullity order”.
6
In section 210, in subsection (5) for “, 230(c) and 232(b)” substitute “and
section 232(b)”.
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7
In section 211, in subsection (4) for “, 230(c) and 232(b)” substitute “and
section 232(b)”.

Presumption of Death Bill
Schedule 3 — Repeals
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Section 230 is omitted.
Schedule 3
Section 18(2)

Repeals

Short title and chapter
Extent of repeal

Matrimonial Causes Act 1973 (c.
Section 19.

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18)

Domicile and Matrimonial
In Section 5, paragraph (1)(b) and paragraph (5).

Proceedings Act 1973 (c. 45)

Civil Partnership Act 2004 (c.
In section 161, subsection (1)(c).

33)

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