Guardianship (Missing Persons) Act 2017

General

23 The court

(1) The Lord Chancellor must by regulations made by statutory instrument designate the High Court or the Court of Protection to have the functions of the court under this Act.

(2) The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice’s functions under this section.

(4) Regulations under this section may include transitional, transitory or saving provision.

(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

24 Interpretation

(1) In this Act—

• “the absence condition” has the meaning given in section 3;

• “the court” means the court for the time being designated by the Lord Chancellor under section 23;

• “guardian” means a person appointed as a guardian under this Act;

• “guardianship order” has the meaning given in section 2;

• “missing”, in relation to a person, has the meaning given in section 1 (and see subsection (2));

• “the missing person” means—

  (a)

  in relation to an application or order under this Act, the missing person whose property or financial affairs are or would be the subject of the application or order, and

  (b)

  in relation to a guardian, the missing person in respect of whose property or financial affairs the guardian is appointed,

  (and see subsection (2));

• “personal representative”, in relation to a person who has died, means—

  (a)

  a person responsible for administering the person’s estate under the law of England and Wales, or

  (b)

  a person who, under the law of another country or territory, has functions equivalent to those of administering the person’s estate under the law of England and Wales;

• “property” includes any thing in action and any interest in real or personal property;

• “sibling” means a sibling of the full blood or the half blood;

• “the urgency condition” has the meaning given in section 3;

• “will” includes codicil.

(2) References in the following provisions to a missing person include a person whose property or financial affairs are or were the subject of a guardianship order but who is no longer missing—

(a) sections 8, 9, 11, 14(1), 15(1) and 18, and

(b) sections 19 and 21, so far as they apply to applications or proceedings in connection with such a person.

(3) References in this Act to action by a guardian (however expressed) include inaction.

25 Extent, commencement and short title

(1) This Act extends to England and Wales only.

(2) The following come into force on the day on which this Act is passed—

(a) section 16(5) to (7),

(b) section 17, so far as it confers power to make regulations,

(c) section 18(6) to (8), and

(d) section 24 and this section.

(3) Subject to subsection (2), the provisions of this Act come into force on such day as the Secretary of State may appoint by regulations made by statutory instrument.

(4) Regulations under this section may—

(a) appoint different days for different purposes, and

(b) include transitional, transitory or saving provision.

(5) This Act may be cited as the Guardianship (Missing Persons) Act 2017.