Search Legislation

Presumption of Death Act 2013

Status:

This is the original version (as it was originally enacted).

Supplementary

17Power to amend periods of time

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).

18Consequential and supplementary etc provision

(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.

19Regulations

(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.

20Interpretation

(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.

21Application to Crown

(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.

22Commencement

(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.

23Extent

This Act extends to England and Wales.

24Short title

This Act may be cited as the Presumption of Death Act 2013.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources