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PART IVStatus of Adopted Children

41Miscellaneous enactments

(1)Section 39 does not apply in determining the forbidden degrees of consanguinity and affinity in respect of the law relating to marriage or in respect of the crime of incest, except that, on the making of an adoption order, the adopter and the child shall be deemed, for all time coming, to be within the said forbidden degrees in respect of the law relating to marriage.

(2)Without prejudice to section 40, section 39 does not apply for the purposes of any provision of—

(a)the British Nationality Acts 1948 to 1965,

(b)the [1971 c. 77.] Immigration Act 1971,

(c)any instrument having effect under an enactment within paragraph (a) or (b), or

(d)any other law for the time being in force which determines citizenship of the United Kingdom and Colonies.

(3)Section 39 shall not prevent a person being treated as a near relative of a deceased person for the purposes of section 32 of the [1975 c. 14.] Social Security Act 1975 (payment of death grant), if apart from section 39 he would be so treated.

(4)Section 39 does not apply for the purposes of section 70(3)(b) or section 73(2) of the Social Security Act 1975 (payment of industrial death benefit to or in respect of an illegitimate child of the deceased and the child's mother).

(5)Subject to regulations made under section 72 of the Social Security Act 1975 (entitlement of certain relatives of deceased to industrial death benefit), section 39 shall not affect the entitlement to an industrial death benefit of a person who would, apart from section 39, be treated as a relative of a deceased person for the purposes of the said section 72.