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Guardianship (Missing Persons) Act 2017

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This is the original version (as it was originally enacted).

24Interpretation

(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.

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