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[uk-legislation-ukpga][ukpga] 2011-05-26 Apprentices Act 1814 (repealed)
http://www.legislation.gov.uk/ukpga/Geo3/54/96/2004-07-22
http://www.legislation.gov.uk/ukpga/Geo3/54/96/2004-07-22 Apprentices Act 1814 (repealed) An Act to amend an Act passed in the Fifth Year of Queen Elizabeth, intituled “An Act containing divers Orders for “Artificers, Labourers, Servants of Husbandry, and “Apprentices.” 1980-08-01 text text/xml en Statute Law Database 2013-12-04 Expert Participation 2004-07-22 Apprentices Act 1814 (repealed) 1814 c.96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [18th July 1814] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other part of the Act respecting apprentices repealed. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Justices may determine complaints as heretofore. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Customs of London, &c. in respect to apprentices not to be affected. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Act repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14) , Sch. 1 Pt. 8
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[uk-legislation-ukpga][ukpga] 2011-07-04 Terrorist Asset-Freezing (Temporary Provisions) Act 2010 (repealed)
http://www.legislation.gov.uk/ukpga/2010/2/2010-12-17
http://www.legislation.gov.uk/ukpga/2010/2/2010-12-17 Terrorist Asset-Freezing (Temporary Provisions) Act 2010 (repealed) An Act to make provision for the temporary validity of certain Orders in Council imposing financial restrictions on, and in relation to, persons suspected of involvement in terrorist activity; and for connected purposes. text text/xml en Statute Law Database 2014-12-04 Expert Participation 2010-12-17 Terrorist Asset-Freezing (Temporary Provisions) Act 2010 (repealed) 2010 c. 2 [10th February 2010] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Temporary validity of certain Orders in Council 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of things done or omitted in interim period 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short title, commencement and extent 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Act repealed (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38) , s. 55(1) , Sch. 2 Pt. 1 (with ss. 44 , 46(2) , 46(10) )
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[uk-legislation-ukpga][ukpga] 2011-08-10 Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011
http://www.legislation.gov.uk/ukpga/2011/7/2012-02-01
http://www.legislation.gov.uk/ukpga/2011/7/2012-02-01 Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 An Act to amend the law relating to the distribution of the estates of deceased persons; and for connected purposes. text text/xml en Statute Law Database 2014-12-04 Expert Participation 2012-02-01 Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 2011 c. 7 An Act to amend the law relating to the distribution of the estates of deceased persons; and for connected purposes. [12th July 2011] B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Disclaimer or forfeiture on intestacy 1 1 Part 4 of the Administration of Estates Act 1925 (distribution of residuary estate) is amended as follows. 2 After section 46 (succession to real and personal estate on intestacy) insert— Disclaimer or forfeiture on intestacy 46A 1 This section applies where a person— a is entitled in accordance with section 46 to an interest in the residuary estate of an intestate but disclaims it, or b would have been so entitled had the person not been precluded by the forfeiture rule from acquiring it. 2 The person is to be treated for the purposes of this Part as having died immediately before the intestate. 3 But in a case within subsection (1)(b), subsection (2) does not affect the power conferred by section 2 of the Forfeiture Act 1982 (power of court to modify the forfeiture rule). 4 In this section “ forfeiture rule ” has the same meaning as in the Forfeiture Act 1982. . 3 In section 47(1)(i) (provision that no issue with a parent alive at the intestate's death may inherit) after “and so that” insert “(subject to section 46A)”. 4 After section 47(4) insert— 4A Subsections (2) and (4) are subject to section 46A. . Disclaimer or forfeiture of a gift under a will 2 1 The Wills Act 1837 is amended as follows. 2 After section 33 insert— Disclaimer or forfeiture of gift 33A 1 This section applies where a will contains a devise or bequest to a person who— a disclaims it, or b has been precluded by the forfeiture rule from acquiring it. 2 The person is, unless a contrary intention appears by the will, to be treated for the purposes of this Act as having died immediately before the testator. 3 But in a case within subsection (1)(b), subsection (2) does not affect the power conferred by section 2 of the Forfeiture Act 1982 (power of court to modify the forfeiture rule). 4 In this section “ forfeiture rule ” has the same meaning as in the Forfeiture Act 1982. . 3 In section 33(3) (provision that no issue with a parent alive at the testator's death may inherit) after “and so that” insert “(subject to section 33A)”. Death of a single parent under 18 3 In section 47 of the Administration of Estates Act 1925 (statutory trusts in favour of issue and other classes of relatives of intestate) after subsection (4A) insert— 4B Subsections (4C) and (4D) apply if a beneficiary under the statutory trusts— a fails to attain an absolutely vested interest because the beneficiary dies without having reached 18 and without having married or formed a civil partnership, and b dies leaving issue. 4C The beneficiary is to be treated for the purposes of this Part as having died immediately before the intestate. 4D The residuary estate (together with the income from it and any statutory accumulations of income from it) or so much of it as has not been paid or applied under a power affecting it is to devolve accordingly. . Short title, commencement, application and extent 4 1 This Act may be cited as the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011. 2 This Act (apart from this section) comes into force on such day as the Secretary of State may by order made by statutory instrument appoint. 3 But the order may not provide for this Act to come into force before the end of three months beginning with the day on which it is passed. 4 This Act does not apply in the case of a death that occurs before the commencement of sections 1, 2 and 3 of this Act. 5 This Act extends to England and Wales only. S. 2 in force at 1.2.2012 by S.I. 2011/2913 , art. 2 S. 1 in force at 1.2.2012 by S.I. 2011/2913 , art. 2 S. 3 in force at 1.2.2012 by S.I. 2011/2913 , art. 2
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[uk-legislation-ukpga][ukpga] 2011-08-23 Sports Grounds Safety Authority Act 2011
http://www.legislation.gov.uk/ukpga/2011/6/2011-11-01
http://www.legislation.gov.uk/ukpga/2011/6/2011-11-01 Sports Grounds Safety Authority Act 2011 An Act to confer further powers on the Football Licensing Authority and to amend its name; and for connected purposes. text text/xml en Statute Law Database 2014-12-04 Expert Participation 2011-11-01 Sports Grounds Safety Authority Act 2011 2011 c. 6 An Act to confer further powers on the Football Licensing Authority and to amend its name; and for connected purposes. [12th July 2011] B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part 1 Sports Grounds Safety Authority Football Licensing Authority to become Sports Grounds Safety Authority 1 1 The body established by section 8 of, and Schedule 2 to, the Football Spectators Act 1989— a is to continue in being, but b instead of being called the Football Licensing Authority is to be called the Sports Grounds Safety Authority. 2 Schedule 1 contains further provisions relating to the Authority. 3 The expenses of the Authority are to be paid by the Secretary of State. Advice to Ministers of the Crown 2 1 The Authority— a may provide relevant advice to a Minister of the Crown, and b if requested to do so by a Minister of the Crown, must provide relevant advice to that Minister. 2 “ Relevant advice ” means— a advice in relation to safety at sports grounds generally, or b advice with respect to the exercise of any of the functions of the Minister in question under the enactments specified in subsection (3). 3 The enactments are— a the Safety of Sports Grounds Act 1975, b Part 3 of the Fire Safety and Safety of Places of Sport Act 1987 (safety of stands at sports grounds), and c the Football Spectators Act 1989. Advice to bodies or persons in England and Wales 3 1 The Authority may provide advice relating to safety at sports grounds in England or Wales to— a local authorities, or b subject to subsection (2), other bodies or persons. 2 The Authority may not under subsection (1) provide advice to— a a Minister of the Crown, or b a body or person specified in section 4(1)(a), (b) or (c). Advice to bodies or persons outside England and Wales 4 1 The Authority may, if the conditions in subsection (2) are met, provide advice relating to the safety of sports grounds to— a the government of a territory outside the United Kingdom, b an international organisation, or c a body or person not falling within paragraph (a) or (b) whose functions, activities or responsibilities relate in whole or in part to the safety of sports grounds outside England and Wales. 2 The conditions are that— a the provision of the advice is at the request of the body or person concerned, and b the Secretary of State consents to the provision of the advice. Supplementary 5 1 The Authority may, with the consent of the Secretary of State, charge a fee for the provision of advice under— a section 4 (advice to bodies or persons outside England and Wales), or b if the advice is provided at the request of the recipient, section 3 (advice to bodies or persons in England and Wales). 2 A fee charged under subsection (1) must not exceed the cost of providing the advice. 3 Fees received by the Authority by virtue of subsection (1) are to be treated for the purposes of section 1(3) as reducing the expenses of the Authority. 4 A consent under section 4(2)(b) or subsection (1) may be given— a generally, b in relation to any particular advice, or c in relation to advice of a particular description. 5 In this Part— a “ local authority ” and “ sports ground ” have the same meaning as in the Safety of Sports Grounds Act 1975 (see section 17(1) of that Act), and b “ Minister of the Crown ” has the same meaning as in the Ministers of the Crown Act 1975. Part 2 Supplementary Consequential amendments etc. 6 1 Schedule 2 contains consequential amendments. 2 Schedule 3 contains repeals and revocations. Extent 7 1 This Act extends to England and Wales only (subject to subsection (2)). 2 An amendment or repeal of a provision by Schedule 2 (consequential amendments) or 3 (repeals and revocations) has the same extent as that provision. Commencement 8 1 Part 1 and the Schedules come into force on such day as the Secretary of State may by order made by statutory instrument appoint. 2 Such an order may— a appoint different days for different purposes; b include transitional or saving provisions. 3 This Part comes into force on the day on which this Act is passed. Short title 9 This Act may be cited as the Sports Grounds Safety Authority Act 2011. SCHEDULES SCHEDULE 1 The Sports Grounds Safety Authority Section 1 Status and capacity 1 1 The Authority is a body corporate. 2 The Authority is not to be regarded— a as the servant or agent of the Crown, or b as enjoying any status, privilege or immunity of the Crown; and the Authority's property is not to be regarded as property of, or property held on behalf of, the Crown. 3 The Authority may do anything which is calculated to facilitate the discharge of its functions, or is incidental or conducive to their discharge. Membership 2 The Authority is to consist of— a a person appointed by the Secretary of State to chair the Authority, and b at least 4 but not more than 8 other members appointed by the Secretary of State. Appointment and tenure of members 3 1 Before appointing a person to be a member of the Authority, the Secretary of State must be satisfied that the person will have no such financial or other interest as is likely to affect prejudicially the performance of the person's functions as a member. 2 From time to time the Secretary of State must check that each member has no such interest. 4 A person who is, or whom the Secretary of State proposes to appoint to be, a member of the Authority must, whenever requested by the Secretary of State to do so, supply the Secretary of State with such information as the Secretary of State considers necessary for the performance of the duties under paragraph 3. 5 Subject to the following provisions of this Schedule, a person appointed under paragraph 2 holds and vacates office in accordance with the terms of the appointment. 6 A person is not to be appointed as a member of the Authority for more than 3 years at a time. 7 A person may at any time resign office— a as chair of the Authority, or b as a member of the Authority, by giving the Secretary of State signed notice in writing. 8 Where a member begins or ceases to hold office as chair of the Authority, the Secretary of State may vary the terms of the person's appointment as a member of the Authority so as to alter the date on which the person is to vacate office as a member. 9 1 The Secretary of State may declare a person's office as a member of the Authority vacant if satisfied that the person— a has been absent from meetings of the Authority for a period longer than 3 consecutive months without the permission of the Authority, b has become bankrupt or made an arrangement with creditors, or c is unable or unfit to discharge the functions of a member; and on making such a declaration the office becomes vacant. 2 A declaration under sub-paragraph (1) may be notified in such manner as the Secretary of State thinks fit. 10 A person who ceases to be a member or to hold office as chair of the Authority is eligible for re-appointment. Remuneration and pensions of members 11 The Authority may pay to each member such remuneration and allowances as the Secretary of State may determine. 12 The Authority may pay, or make provision for paying, to or in respect of any member such sums by way of pensions, allowances or gratuities as the Secretary of State may determine. 13 1 Sub-paragraph (2) applies if— a a person ceases to be a member otherwise than on the expiry of the term of office, and b it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation. 2 The Authority may make to the person a payment of such amount as the Secretary of State may determine. Proceedings 14 The quorum of the Authority and the arrangements relating to its meetings are to be such as the Authority may determine. 15 1 This paragraph applies if a member of the Authority is in any way directly or indirectly interested in any matter which falls to be considered by the Authority. 2 The member— a must disclose the nature of the interest at a meeting of the Authority, and b must not take part after the disclosure in any deliberation or decision with respect to the matter. 3 The disclosure must be recorded in the minutes of the meeting. 16 The validity of any proceedings of the Authority is not affected by— a a vacancy among the members, b a defect in the appointment of a member, or c a failure to comply with paragraph 15. Inspectors, officers and other employees 17 The Authority may appoint inspectors to perform such functions as are assigned to them by or under Part 1 of the Football Spectators Act 1989 or any other enactment. 18 The Authority may appoint a secretary and such other officers, and take into its employment such other persons, as it may determine. 19 The terms and conditions of appointments under paragraphs 17 and 18 require the approval of the Secretary of State. 20 The Authority must, as regards such of its inspectors, officers and other employees as with the approval of the Secretary of State it may determine— a pay to or in respect of them such pensions, allowances or gratuities (including pensions, allowances or gratuities by way of compensation for loss of employment), or b provide and maintain for them such pension schemes (whether contributory or not), as may be so determined. 21 1 Sub-paragraph (2) applies if an inspector, officer or other employee of the Authority— a is a participant in any pension scheme applicable to that employment, and b becomes a member of the Authority. 2 If the Secretary of State so determines, the member may be treated for the purposes of the pension scheme as if service as a member of the Authority were service as an employee of the Authority. 3 For the purposes of sub-paragraph (2), it does not matter whether any payments are to be made to or in respect of the member by virtue of paragraph 11 or 12. Accounts and audit 22 The Authority— a must keep proper accounts and proper records in relation to the accounts, and b must prepare for each accounting year a statement of accounts in such form as the Secretary of State, with the approval of the Treasury, may direct. 23 The Authority must send a copy of the statement of accounts to the Comptroller and Auditor General as soon as reasonably practicable after the end of the accounting year to which the statement relates. 24 The Comptroller and Auditor General must— a examine, certify and report on each statement of accounts sent under paragraph 23, and b lay before Parliament a copy of the statement and the Comptroller and Auditor General's report on it. 25 The Comptroller and Auditor General may inspect any records relating to the accounts. 26 In paragraphs 22 and 23, “ accounting year ” means any period of 12 months ending with 31 March. Authentication of Authority's seal 27 The application of the seal of the Authority is authenticated by the signatures of— a the person chairing the Authority or some other person authorised by the Authority to act for that purpose, and b one other member. Presumption of authenticity of documents issued by Authority 28 Any document purporting to be an instrument issued by the Authority and to be sealed in accordance with paragraph 27, or to be signed on behalf of the Authority, is to be received in evidence and treated as such an instrument without further proof unless the contrary is shown. SCHEDULE 2 Consequential amendments Section 6 Parliamentary Commissioner Act 1967 (c. 13) 1 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), omit the entry relating to the Football Licensing Authority and insert at the appropriate place— “ Sports Grounds Safety Authority. ” Superannuation Act 1972 (c. 11) 2 In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc. referred to in section 1), for “Football Licensing Authority” (in both places) substitute “ Sports Grounds Safety Authority ” . House of Commons Disqualification Act 1975 (c. 24) 3 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), omit the entry relating to the Chairman of the Football Licensing Authority and insert at the appropriate place— “ Person appointed to chair the Sports Grounds Safety Authority. ” Northern Ireland Assembly Disqualification Act 1975 (c. 25) 4 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), omit the entry relating to the Football Licensing Authority and insert at the appropriate place— “ The Sports Grounds Safety Authority. ” Safety of Sports Grounds Act 1975 (c. 52) 5 In section 5(3) of the Safety of Sports Grounds Act 1975 (appeals against terms and conditions of safety certificates), for “Football Licensing Authority” substitute “ Sports Grounds Safety Authority ” . Race Relations Act 1976 (c. 74) 6 In Part 5 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons added on 3 October 2006)— a omit the entry relating to the Football Licensing Authority, and b after the entry relating to the Pensions Regulator insert— “ The Sports Grounds Safety Authority. ” Football Spectators Act 1989 (c. 37) 7 1 In section 1 of the Football Spectators Act 1989 (interpretation etc.), after subsection (6) insert— 6A In this Part “ the licensing authority ” means the Sports Grounds Safety Authority (see Part 1 of the Sports Grounds Safety Authority Act 2011). 2 Omit— a section 8, b in section 27(6), “, except paragraph 14 of Schedule 2,” and c Schedule 2. Freedom of Information Act 2000 (c. 36) 8 In Schedule 1 to the Freedom of Information Act 2000 (bodies etc. which are “ public authorities ” for the purposes of the Act), in Part 6, omit the entry relating to the Football Licensing Authority and insert at the appropriate place— “ The Sports Grounds Safety Authority. ” Regulatory Enforcement and Sanctions Act 2008 (c. 13) 9 In Schedule 5 to the Regulatory Enforcement and Sanctions Act 2008 (designated regulators), omit the entry relating to the Football Licensing Authority and insert at the appropriate place— “ The Sports Grounds Safety Authority. ” General 10 Any reference in any other enactment or in any instrument or document to the Football Licensing Authority is to be read, in relation to any time after the commencement of section 1, as a reference to the Sports Grounds Safety Authority. SCHEDULE 3 Repeals and revocations Section 6 Short title and chapter Extent of repeal or revocation Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the entry relating to the Football Licensing Authority. House of Commons Disqualification Act 1975 (c. 24) In Schedule 1, in Part 3, the entry relating to the Chairman of the Football Licensing Authority. Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Schedule 1, in Part 2, the entry relating to the Football Licensing Authority. Race Relations Act 1976 (c. 74) In Part 5 of Schedule 1A, the entry relating to the Football Licensing Authority. Football Spectators Act 1989 (c. 37) Section 8. In section 27(6), “, except paragraph 14 of Schedule 2,”. Schedule 2. Freedom of Information Act 2000 (c. 36) In Schedule 1, in Part 6, the entry relating to the Football Licensing Authority. Regulatory Enforcement and Sanctions Act 2008 (c. 13) In Schedule 5, the entry relating to the Football Licensing Authority. Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 ( S.I. 2003/1326) Article 17. S. 1 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 S. 2 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 S. 3 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 S. 4 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 S. 5 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 1 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 2 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 3 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 4 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 5 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 6 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 7 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 8 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 9 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 10 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 11 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 12 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 13 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 14 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 15 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 16 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 17 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 18 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 19 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 20 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 21 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 22 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 23 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 24 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 25 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 26 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 27 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 1 para. 28 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 2 para. 1 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 2 para. 2 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 2 para. 3 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 2 para. 4 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 2 para. 5 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 2 para. 6 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 2 para. 7 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 2 para. 8 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 2 para. 9 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 2 para. 10 in force at 1.11.2011 by S.I. 2011/2597 , art. 2 Sch. 3 in force at 1.11.2011 by S.I. 2011/2597 , art. 2
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[uk-legislation-ukpga][ukpga] 2013-04-17 Presumption of Death Act 2013
http://www.legislation.gov.uk/ukpga/2013/13/2014-10-01
http://www.legislation.gov.uk/ukpga/2013/13/2014-10-01 Presumption of Death Act 2013 An Act to make provision in relation to the presumed death of missing persons; and for connected purposes. text text/xml en Statute Law Database 2014-12-08 Expert Participation 2014-10-01 Presumption of Death Act 2013 Sch. 1 para. 7(a) Data (Use and Access) Act 2025 Sch. 3 para. 28(a) s. 142(1) Presumption of Death Act 2013 Sch. 1 para. 7(b) and word Data (Use and Access) Act 2025 Sch. 3 para. 28(b) s. 142(1) Presumption of Death Act 2013 2013 c. 13 An Act to make provision in relation to the presumed death of missing persons; and for connected purposes. [26th March 2013] B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Declaration of presumed death Applying for declaration 1 1 This section applies where a person who is missing— a is thought to have died, or b has not been known to be alive for a period of at least 7 years. 2 Any person may apply to the High Court for a declaration that the missing person is presumed to be dead. 3 The court has jurisdiction to hear and determine an application under this section only if— a the missing person was domiciled in England and Wales on the day on which he or she was last known to be alive, b the missing person had been habitually resident in England and Wales throughout the period of 1 year ending with that day, or c subsection (4) is satisfied. 4 This subsection is satisfied if the application is made by the spouse or civil partner of the missing person and— a the applicant is domiciled in England and Wales on the day on which the application is made, or b the applicant has been habitually resident in England and Wales throughout the period of 1 year ending with that day. 5 The court must refuse to hear an application under this section if— a the application is made by someone other than the missing person's spouse, civil partner, parent, child or sibling, and b the court considers that the applicant does not have a sufficient interest in the determination of the application. 6 This section has effect subject to section 21(2). Making declaration 2 1 On an application under section 1, the court must make the declaration if it is satisfied that the missing person— a has died, or b has not been known to be alive for a period of at least 7 years. 2 It must include in the declaration a finding as to the date and time of the missing person's death. 3 Where the court— a is satisfied that the missing person has died, but b is uncertain at which moment during a period the missing person died, the finding must be that the missing person is presumed to have died at the end of that period. 4 Where the court— a is satisfied that the missing person has not been known to be alive for a period of at least 7 years, but b is not satisfied that the missing person has died, the finding must be that the missing person is presumed to have died at the end of the period of 7 years beginning with the day after the day on which he or she was last known to be alive. Effect of declaration 3 1 A declaration under this Act is conclusive of— a the missing person's presumed death, and b the date and time of the death. 2 A declaration under this Act is effective against all persons and for all purposes, including for the purposes of— a the acquisition of an interest in any property, and b the ending of a marriage or civil partnership to which the missing person is a party. 3 But subsections (1) and (2) apply to a declaration only if— a it has not been appealed against and the period for bringing an appeal has ended, or b it has been appealed against and the appeal (and any further appeal) has been unsuccessful. 4 For the purposes of subsection (3), an appeal has been unsuccessful if— a it has been dismissed or withdrawn, and b any period for bringing a further appeal has ended. Other powers of court making declaration 4 1 When making a declaration under this Act, the court may— a determine any question which relates to an interest in property and arises as a result of the declaration, and b determine the domicile of the missing person at the time of his or her presumed death. 2 When making a declaration under this Act, the court may make such order as it considers reasonable in relation to any interest in property acquired as a result of the declaration. 3 An order under subsection (2) may direct that the value of any interest in property acquired as a result of the declaration is not to be recoverable by virtue of an order made under section 7(2). 4 It may, in particular, direct that the value of the interest— a is not to be recoverable in any circumstances, or b is not to be recoverable where conditions specified in the order are met. Variation order Varying and revoking declaration 5 1 On an application by any person, a declaration under this Act may be varied or revoked by an order of the High Court (a “variation order”). 2 The court must refuse to hear an application for a variation order if it considers that the applicant does not have a sufficient interest in the determination of the application. Effect of variation order 6 1 A variation order does not affect an interest in property acquired as a result of a declaration under this Act (but see section 7). 2 A variation order does not revive a marriage or civil partnership that was brought to an end by virtue of a declaration under this Act. 3 Except as otherwise required by subsection (1) or (2)— a where a variation order varies a declaration, subsections (1) and (2) of section 3 have effect in relation to the declaration as varied by the order, and b where a variation order revokes a declaration, those subsections cease to have effect in relation to the declaration. 4 But subsection (3) applies only if— a the variation order has not been appealed against and the period for bringing an appeal has ended, or b the variation order has been appealed against and the appeal (and any further appeal) has been unsuccessful. 5 For the purposes of subsection (4), an appeal has been unsuccessful if— a it has been dismissed or withdrawn, and b any period for bringing a further appeal has ended. Other functions of court making variation order 7 1 When making a variation order, the court may— a determine any question which relates to an interest in property and arises as a result of the variation order, and b determine the domicile of the missing person at the time of his or her presumed death. 2 When making a variation order, the court must make such further order (if any) as it considers reasonable in relation to any interest in property acquired as a result of the declaration varied or revoked by the order (“the original declaration”) (but see subsections (3), (5) and (6)). 3 The court must not make an order under subsection (2) if the application for the variation order was made after the end of the period of 5 years beginning with the day on which the original declaration was made, unless it considers that there are exceptional circumstances which make it appropriate to do so. 4 In considering what order to make under subsection (2), the court must, as far as practicable, have regard to the principles in section 8. 5 An order under subsection (2) does not affect income that accrued in the period— a beginning with the day on which the original declaration was made, and b ending with the day on which the variation order was made. 6 An order under subsection (2) does not affect or provide grounds to challenge— a a related good faith transaction, or b an interest in property acquired under such a transaction. 7 A “related good faith transaction” is a transaction under which a person acquires an interest in the property that is the subject of the order (or any part of it) in good faith and for value from— a a person who acquired an interest in the property (or any part of it) as a result of the original declaration, or b a person who acquired an interest in the property (or any part of it) from a person described in paragraph (a), whether directly or indirectly. 8 Where a person has entitlement under a trust by virtue of an order under subsection (2), the trustee is liable to that person for any loss suffered by that person on account of any breach of trust by the trustee in the administration or distribution of all or part of the property that is the subject of the order. 9 Subsection (8) does not apply to the extent that the trustee's liability is restricted under any enactment or by any provision in a deed regulating the administration of the trust. 10 In subsection (9) “ enactment ” includes an enactment contained in— a an instrument made under an Act, or b an Act or Measure of the National Assembly for Wales or an instrument made under such an Act or Measure. Principles 8 1 These are the principles referred to in section 7(4). 2 The first principle is relevant where property (“the relevant property”) is being or has been administered under a trust. 3 The first principle is that— a a person who, but for section 6(1), would have an interest in the relevant property by virtue of a variation order, and b a person who, but for section 6(1), would have acquired an interest in the relevant property from a person described in paragraph (a), should be entitled to have made over to him or her by the trustee in full satisfaction of that interest the things listed in subsection (4). 4 Those things are— a the interest in the relevant property or an equivalent interest in property representing the relevant property, to the extent that such property is still in the hands of the trustee when the variation order is made, and b the value of the interest in the relevant property, to the extent that such property has been distributed. 5 The second principle is relevant where an insurer has paid a capital sum as a result of a declaration varied or revoked by a variation order. 6 The second principle is that the capital sum, or any part of the capital sum, should be repaid to the insurer if the facts in respect of which the variation order was made justify such repayment. 7 The references in subsections (5) and (6) to a capital sum do not include a capital sum distributed by way of an annuity or other periodical payment. Further provision about declarations and orders Giving notice of application 9 1 A person who makes an application under this Act for a declaration or a variation order must send to the persons specified by rules of court— a notice of the application, and b any other information specified by rules of court. 2 An application under this Act for a declaration or a variation order must be advertised in accordance with rules of court. 3 The court must refuse to hear an application under this Act for a declaration or a variation order if the requirements in this section have not been met. Attorney General 10 1 In proceedings on an application under this Act for a declaration or a variation order, the court may at any stage direct that papers relating to the matter be sent to the Attorney General. 2 It may do so on the application of a party to the proceedings or without such an application being made. 3 Where the Attorney General incurs costs in connection with an application under this Act for a declaration or a variation order, the court may make such order as it considers appropriate as to the payment of the costs by parties to the proceedings. 4 Subsection (3) applies whether the costs are incurred by virtue of a direction under subsection (1), an intervention under section 11(2) or otherwise. Right to intervene 11 1 The missing person's spouse, civil partner, parent, child or sibling may intervene in proceedings on an application under this Act for a declaration or a variation order. 2 The Attorney General may intervene in such proceedings, whether or not the court directs papers relating to the application to be sent to the Attorney General. 3 Any other person may intervene in such proceedings only with the permission of the court. 4 References in this section to intervening in proceedings include— a arguing before the court any question in relation to the application which the court considers it necessary to have fully argued, b in proceedings on an application for a declaration under this Act, seeking a determination or order under section 4, and c in proceedings on an application for a variation order, seeking a determination or order under section 7. Information 12 1 In proceedings on an application under this Act for a declaration or a variation order, the court may by order at any stage require a person who is not a party to the proceedings to provide it with specified information that it considers relevant to the question of whether the missing person is alive or dead. 2 It may do so only where it considers it necessary for the purpose of disposing of the proceedings. 3 It may do so on the application of a party to the proceedings or without such an application being made. 4 The order may not require the provision of information— a which is permitted or required by any rule of law to be withheld on grounds of public interest immunity, b which any person would be entitled to refuse to provide on grounds of legal professional privilege, or c whose provision might incriminate the person providing it, or that person's spouse or civil partner, of an offence. 5 Before making an order under this section, the court must send notice of its intention to make the order to any person who, in its opinion, is likely to be affected by the order. 6 The court may discharge or vary an order made under this section on an application made by any person who, in the opinion of the court, is affected by it. 7 In this section “ specified ” means specified in an order under this section. Insurance against claims: trustees 13 1 If the court so directs, the trustee of a trust affected by a declaration under this Act must as soon as reasonably practicable take out an insurance policy in respect of any claim which may arise by virtue of an order under section 7(2). 2 For the purposes of this section, a trust is affected by a declaration under this Act if— a it arises as a result of the declaration, or b property held under the trust is affected by the declaration. 3 A premium payable by the trustee in accordance with a direction under this section may be paid out of money or other property held under the trust. Insurance against claims: insurers paying capital sums 14 1 Before paying a capital sum to a person as a result of a declaration under this Act, an insurer may require the person to take out an insurance policy in respect of any claim which the insurer may make in the event of a variation order being made. 2 The policy must be taken out— a in the person's own name, and b for the benefit of the insurer. 3 Subsection (1) does not apply where the sum is paid in respect of an annuity or other periodical payment. 4 In this section “ insurer ” means any person who provides for the payment of a benefit on a person's death. Register of Presumed Deaths Register of Presumed Deaths 15 1 The Registrar General must maintain a register which is to be called the Register of Presumed Deaths. 2 The register must be maintained in the General Register Office. 3 The register may be maintained in any form the Registrar General considers appropriate. 4 Schedule 1 (further provision about Register of Presumed Deaths) has effect. Other determinations Other determinations about death of missing person 16 1 No declaration which may be applied for under section 1 may be made otherwise than under this Act. 2 Where a court or tribunal makes a declaration that a missing person is presumed to be dead (other than on an application under this Act), subsections (2) to (4) of section 2 apply to the court or tribunal as they apply to the High Court when it makes a declaration under this Act. 3 Schedule 2 (amendment of provisions about presumption of death) has effect. 4 Apart from subsections (1) to (3) and Schedule 2, nothing in the preceding provisions of this Act affects any power or duty that a court or tribunal has other than under this Act to determine a question relating to the death of a missing person. Supplementary Power to amend periods of time 17 The Secretary of State may by regulations amend this Act by increasing or reducing a period of time referred to in— a section 1(1)(b), b section 2(1) or (4), or c section 7(3). Consequential and supplementary etc provision 18 1 The Secretary of State may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in relation to any provision of this Act. 2 Regulations under this section may amend, repeal or revoke an enactment passed or made before, or in the same Session as, this Act is passed. 3 In this section “ enactment ” includes an enactment contained in— a an instrument made under an Act, or b an Act or Measure of the National Assembly for Wales or an instrument made under such an Act or Measure. Regulations 19 1 Regulations under this Act are to be made by statutory instrument. 2 A statutory instrument containing the following regulations (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament— a regulations under section 17; b regulations under section 18 which amend or repeal an Act (including an Act or Measure of the National Assembly for Wales). 3 Any other statutory instrument containing regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament. Interpretation 20 1 In this Act— “ the court ” means the High Court (except in section 16(2)); “ interest in property ” means an interest in property of any description, including an estate in land and a right over property; “ the missing person ”, in relation to a declaration under this Act or an application, determination or order made in connection with such a declaration, means the person who is or would be the subject of the declaration; “ the Registrar General ” means the Registrar General for England and Wales; “ sibling ” means a sibling of the full blood or the half blood; “ trustee ” includes an executor, administrator or personal representative; “ variation order ” has the meaning given in section 5. 2 References in this Act to a party to proceedings include a person intervening in the proceedings in accordance with section 11. Application to Crown 21 1 This Act binds the Crown. 2 But an application may not be made under this Act for a declaration in respect of Her Majesty. Commencement 22 1 The following come into force on the day on which this Act is passed— a section 9 so far as it confers a power to make rules, b section 15(4) and Schedule 1 so far as they confer a power to make regulations, c sections 17 to 21, d this section, and e sections 23 and 24. 2 Subject to subsection (1), the provisions of this Act come into force on such day as the Secretary of State may by order appoint. 3 An order under this section must be made by statutory instrument. 4 An order under this section may— a appoint different days for different purposes, and b include transitional, transitory or saving provision. Extent 23 This Act extends to England and Wales. Short title 24 This Act may be cited as the Presumption of Death Act 2013. SCHEDULES SCHEDULE 1 Register of Presumed Deaths Section 15 Entries in Register of Presumed Deaths 1 1 When 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), the 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 included 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. Amendment 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 Where 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 registers 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 cancel 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 search 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 Register 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 on 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 a 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 Register 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 The 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 has 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 The 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 fee 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 the General Register Office of certified copies of entries in the registers of deaths made under the Births and Deaths Registration Act 1953. SCHEDULE 2 Amendment of provisions about presumption of death Section 16 Matrimonial Causes Act 1973 (c. 18) 1 Omit section 19 of the Matrimonial Causes Act 1973 (presumption of death and dissolution of marriage). 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 subsection (1)(b) (and the “and” before it); b subsection (4). 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 After “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 have jurisdiction to entertain an application by that civil partner under section 1 of the Presumption of Death Act 2013 for a declaration that the other civil partner is presumed to be dead, and . Consequential repeal 4 In consequence of the repeal in paragraph 1, omit paragraph 7 of Schedule 8 to the Family Law Act 1996. S. 9 partly in force; s. 9 in force for specified purposes at Royal Assent, see s. 22(1)(a) S. 15 partly in force; s. 15 in force for specified purposes at Royal Assent, see s. 22(1)(b) Sch. 1 para. 1 partly in force; Sch. 1 para. 1 in force for specified purposes at Royal Assent, see s. 22(1)(b) Sch. 1 para. 2 partly in force; Sch. 1 para. 2 in force for specified purposes at Royal Assent, see s. 22(1)(b) Sch. 1 para. 6 partly in force; Sch. 1 para. 6 in force for specified purposes at Royal Assent, see s. 22(1)(b) S. 15(4) in force in so far as not already in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 1 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 2 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 3 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 4 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 5 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 6 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 7 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 8 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 9 in force in so far as not already in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 10 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 11 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 12 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 13 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 14 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 16 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 Sch. 2 para. 1 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 (with art. 3(1) (2) ) Sch. 1 para. 3 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 Sch. 2 para. 2 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 Sch. 2 para. 3 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 (with art. 3(1) (3) ) Sch. 2 para. 4 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 Sch. 1 para. 1 in force in so far as not already in force at 1.10.2014 by S.I. 2014/1810 , art. 2 Sch. 1 para. 2 in force in so far as not already in force at 1.10.2014 by S.I. 2014/1810 , art. 2 Sch. 1 para. 4 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 Sch. 1 para. 5 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 Sch. 1 para. 6 in force in so far as not already in force at 1.10.2014 by S.I. 2014/1810 , art. 2 Sch. 1 para. 7 in force at 1.10.2014 by S.I. 2014/1810 , art. 2 S. 15(1)-(3) in force at 1.10.2014 by S.I. 2014/1810 , art. 2
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"[uk-legislation-ukpga][ukpga] 2014-10-24 Immature Spirits (Restriction) Act 1915\nhttp://www.legisl(...TRUNCATED)
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"[uk-legislation-ukpga][ukpga] 2015-07-06 Military Service Act, 1916\nhttp://www.legislation.gov.uk/(...TRUNCATED)
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"[uk-legislation-ukpga][ukpga] 2015-07-06 Military Service Act, 1916 (Session 2)\nhttp://www.legisla(...TRUNCATED)
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"[uk-legislation-ukpga][ukpga] 2015-07-23 Exchange Control Act 1947\nhttp://www.legislation.gov.uk/u(...TRUNCATED)
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