Administration of Estates (Small Payments) Act 1965

SCHEDULES

Section 1.

SCHEDULE 1 Statutory Provisions Authorising Disposal of Property on Death without Representation

PART I Enactments

Short title and chapter	Provision amended by section 1
The Friendly Societies Act 1829 (10 Geo. 4. c. 56).	Section 24.
The Army Pensions Act 1830 (11 Geo. 4 & 1 Will. 4. c. 41).	Section 5.
The Loan Societies Act 1840 (3 & 4 Vict. c. 110).	Section 11.
The Navy and Marines (Property of Deceased) Act 1865 (28 & 29 Vict. c. 111).	Sections 5, 6 and 8.
The Provident Nominations and Small Intestacies Act 1883 (46 & 47 Vict. c. 47).	Section 7 except as it applies in Northern Ireland.
The Great Western Railway Act 1885 (48 & 49 Vict. c. cxlvii).	Section 45(8).
The Regimental Debts Act 1893 (56 & 57 Vict. c. 5).	Sections 7 and 9 and, except in relation to liability to estate duty, section 16.
The Merchant Shipping Act 1894 (57 & 58 Vict. c. 60).	Section 176(1)(a) and (b).
The Taff Vale Railway Act 1895 (58 & 59 Vict. c. cxxii).	Section 18(10).
The Friendly Societies Act 1896 (59 & 60 Vict. c. 25).	Section 58 except as it applies in Northern Ireland.
The Superannuation (Ecclesiastical Commissioners and Queen Anne's Bounty) Act 1914 (4 & 5 Geo. 5. c. 5).	Section 7.
The School Teachers (Superannuation) Act 1918 (8 & 9 Geo. 5. c. 55).	Section 8.
The Constabulary (Ireland) Act 1922 (12 & 13 Geo. 5. c. 55).	Paragraph 15(3) of Part II of the Schedule.
The London Midland and Scottish Railway Act 1924 (14 & 15 Geo. 5. c. liv).	Section 61(11) except as it applies in Northern Ireland.
The Southern Railway Act 1924 (14 & 15 Geo. 5. c. lxvi).	Section 99(12).
The Teachers (Superannuation) Act 1925 (15 & 16 Geo. 5. c. 59).	Paragraph 8 of Schedule 1.
The Government Annuities Act 1929 (19 & 20 Geo. 5. c. 29).	Sections 21 and 57.
The Superannuation (Various Services) Act 1938 (1 & 2 Geo. 6. c. 13).	Section 2.
The Greenwich Hospital Act 1942 (5 & 6 Geo. 6. c. 35).	Section 2.
The London and North Eastern Railway Act 1944 (7 & 8 Geo. 6. c. x).	Section 3(12)(b).
The U.S.A. Veterans' Pensions (Administration) Act 1949 (12, 13 & 14 Geo. 6. c. 45).	Section 1(3)(c).
The Local Government Superannuation Act 1953 (1 & 2 Eliz. 2. c. 25).	Section 25(1).
The Building Societies Act 1962 (10 & 11 Eliz. 2. c. 37).	Section 46(1), but not so as to affect paragraph 7 of Schedule 8.
The Industrial and Provident Societies Act 1965 (1965 c. 12).	Section 25.

PART II Enabling Enactments

Short title and chapter	Provision amended by section 1
The Pensions and Yeomanry Pay Act 1884 (47 & 48 Vict. c. 55).	Section 4.
The Elementary School Teachers (Superannuation) Act 1898 (61 & 62 Vict. c. 57).	Section 6(1)(d).
The Post Office Savings Bank Act 1954 (2 & 3 Eliz. 2. c. 62).	Section 7(2).
The Trustee Savings Banks Act 1954 (2 & 3 Eliz. 2. c. 63).	Section 21(5).

PART III Instruments

Title and number	Provision amended by section 1
Rules of the Supreme Court	Rule 11 of Order 22.
Amended regulations dated 11th July 1907 and made by the Secretary of State for War under section 4 of the Pensions and Yeomanry Pay Act 1884.	Paragraph 1.
Regulations as to the suitors fund and fee fund accounts (S.R. & O. 1913/1332).	Regulation 13(b) and (c) and Form 1 in the Appendix.
The Elementary School Teachers (Superannuation) Rules 1919 (S.R. & O. 1920/2298).	Rule 15.
Regulations dated 27th November 1920 and made by the Secretary of State for Air under section 4 of the Pensions and Yeomanry Pay Act 1884 as applied to the Royal Air Force by the Air Force (Application of Enactments) (No. 2) Order 1918.	Paragraph 1.
The Royal Irish Constabulary Pensions Order 1922 (S.R. & O. 1922/945).	Article 15(3).
Supreme Court Fund Rules 1927 (S.R. & O. 1927/1184).	Rule 62 and Forms 63 and 64 in the Appendix.
The Trustee Savings Banks Regulations 1929 (S.R. & O. 1929/1048).	Regulation 28(1).
The Savings Certificate Regulations 1933 (S.R. & O. 1933/1149).	Regulation 19(1).
Rules of the Supreme Court (Northern Ireland) 1936 (S.R. & O. 1936/70).	Rule 12 of Order 22.
County Court Rules (S.R. & O. 1936/626)	Rule 22 of Order 48.
Treasury Order dated 8th April 1938 prescribing certain public departments for the purposes of section 8 of the Superannuation Act 1887 and making regulations with respect to the distribution without probate under the said section of sums due from a public department (S.R. & O. 1938/303).	Article 2 and the Schedule.
The Superannuation (Various Services) Regulations 1938 (S.R. & O. 1938/304).	Article 1 and the Schedule.
The Post Office Savings Bank Regulations 1938 (S.R. & O. 1938/556).	Regulation 39(1).
The Compensation to Seamen (War Damage to Effects) Scheme 1945 (S.R. & O. 1945/1164).	Article 4.
The Navy and Marines (Property of Deceased) Order 1956 (S.I. 1956/1217).	Article 16.
The Premium Savings Bonds Regulations 1956 (S.I. 1956/1657).	Regulation 9.
The Teachers (Superannuation) (Scotland) Regulations 1957 (S.I. 1957/356).	Regulation 58(1).
The Military Pensions (Commonwealth Relations Office) Regulations 1959 (S.I. 1959/735).	Regulation 2 and the Schedule.
The Court of Protection Rules 1960 (S.I. 1960/1146).	Rule 83(2).
The Police Pensions Regulations 1962 (S.I. 1962/2756).	Regulation 57(3).
The Firemen's Pension Scheme Order 1964 (S.I. 1964/1148).	Article 47(3).

Section 2.

SCHEDULE 2 Statutory Provisions authorising Disposal of Property on Death by Nomination

Title and chapter or serial number	Provision amended by section 2
The Trade Union Act Amendment Act 1876 (39 & 40 Vict. c. 22).	Section 10 except as it applies in Northern Ireland.
The Great Western Railway Act 1885 (48 & 49 Vict. c. cxlvii).	Section 45(7).
The Taff Vale Railway Act 1895 (58 & 59 Vict. c. cxxii).	Section 18(9).
The Friendly Societies Act 1896 (59 & 60 Vict. c. 25).	Sections 56(1) and 57(1), except as they apply in Northern Ireland.
The London Midland and Scottish Railway Act 1924 (14 & 15 Geo. 5. c. liv).	Section 61(9).
The Southern Railway Act 1924 (14 & 15 Geo. 5. c. lxvi).	Section 99(10).
The Trustee Savings Banks Regulations 1929 (S.R. & O. 1929/1048).	Regulations 11, 21 and 22.
The Industrial and Provident Societies Act 1965 (1965 c. 12).	Section 23(3)(c).

Section 3.

SCHEDULE 3 Extension of Enactments relating to Intestacies

The Loan Societies Act 1840 (3 & 4 Vict. c. 110)

In section 11—

• for the words " that no will was made and left by such deceased person " there shall be substituted the words " that no wilt of the deceased has been or will be proved ";

• the words " under the Statute of Distribution " and the word " intestate " in each place where it occurs, shall be omitted; and

• after the words " although no letters of administration shall have been taken out" there shall be inserted the words " and no probate of any will has been granted ".

The Provident Nominations and Small Intestacies Act 1883 (46 & 47 Vict. c. 47)

In section 7—

• the words "intestate and" shall be omitted;

• after the words " without letters of administration " there shall be inserted the words " or probate of any will ".

In section 8, the words " intestate, and " shall be omitted.

The Great Western Railway Act 1885 (48 & 49 Vict. c. cxlvii)

In section 45(8) the words " intestate and " shall be omitted, and after the words " without letters of administration " there shall be inserted the words " or probate of any will ".

The Taff Vale Railway Act 1895 (58 & 59 Vict. c. cxxii)

In section 18(10) the words " intestate and " shall be omitted, and after the words " without letters of administration " there shall be inserted the words " or probate of any will ".

The Friendly Societies Act 1896 (59 & 60 Vict. c. 25)

In section 58(1) the words " intestate and " shall be omitted, and after the words " without letters of administration " there shall be inserted the words " or probate of any will ".

The London Midland and Scottish Railway Act 1924 (14 & 15 Geo. 5. c. liv)

In section 61(11) the words " intestate and " shall be omitted, and after the words " without letters of administration " there shall be inserted the words " or probate of any will ".

The Southern Railway Act 1924 (14 & 15 Geo. 5. c. lxvi)

In section 99(12) the words " intestate and " shall be omitted, and after the words " without letters of administration " there shall be inserted the words " or probate of any will ".

The Building Societies Act 1962 (10 & 11 Eliz. 2. c. 37)

In section 46—

• in subsection (1) the word " intestate " shall be omitted;

• in subsection (2), after the words " without the grant of letters of administration" there shall be inserted the words " or probate of any will " , and the words from " with respect to the distribution" to the end of the subsection shall be omitted;

• in subsection (3), for the words " died intestate " there shall be substituted the words " has died "; and

• in subsection (4) the words " in the belief that he died intestate " shall be omitted.

The Industrial and Provident Societies Act 1965 (1965 c. 12)

In section 25(1) the word " intestate " shall be omitted, and after the words " without letters of administration " there shall be inserted the words " or probate of any will ".

Section 7.

SCHEDULE 4 Repeals

Session and Chapter	Short Title	Extent of Repeal
3 & 4 Vict. c. 100.	The Loan Societies Act 1840.	In section 11 the words " under the Statute of Distribution " and the word " intestate " in both places where it occurs.
46 & 47 Vict. c. 47.	The Provident Nominations and Small Intestacies Act 1883.	Except as the Act applies in Northern Ireland— In section 7 the words " intestate and ". In section 8 the words " intestate and ".
48 & 49 Vict. c. cxlvii.	The Great Western Railway Act 1885.	In section 45(8) the words " intestate and ".
58 & 59 Vict. c. cxxii.	The Taff Vale Railway Act 1895.	In section 18(10) the words " intestate and ".
59 & 60 Vict. c. 25.	The Friendly Societies Act 1896.	In section 58(1), except as it applies in Northern Ireland, the words " intestate and ".
14 & 15 Geo. 5. c. liv.	The London Midland and Scottish Railway Act 1924.	In section 61(11), except as it applies in Northern Ireland, the words " intestate and" and the Words from " and section 6 " to the end.
14 & 15 Geo. 5. c. lxvi.	The Southern Railway Act 1924.	In section 99(12) the words " intestate and" and the words from " and section 6 " to the end.
7 & 8 Geo. 6. c. x.	The London and North Eastern Railway Act 1944.	Section 3(12)(c).
11 & 12 Geo. 6. c. 39.	The Industrial Assurance and Friendly Societies Act 1948.	Section 18(3).
1 & 2 Eliz. 2. c. 25.	The Local Government Superannuation Act 1953.	Section 25(2).
10 & 11 Eliz. 2. c. 37.	The Building Societies Act 1962.	In section 46, in subsection (1) the word " intestate", in subsection (2) the words from " with respect to the distribution " to the end of the subsection and in subsection (4) the words " in the belief that he died intestate ",
1965 c. 12.	The Industrial and Provident Societies Act 1965.	Section 24(4).
		In section 25(1) the word " intestate "