The Register of Presumed Deaths (Prescribed Information) Regulations 2014

Statutory Instruments

2014 No. 2387

Registration Of Births, Deaths, Marriages, Etc., (england And Wales)

The Register of Presumed Deaths (Prescribed Information) Regulations 2014

Made

5th September 2014

Coming into force

1st October 2014

The Registrar General, in exercise of the powers conferred by paragraphs 1(1)(b), 1(2)(a), 1(3), 2(1)(b) and 2(4) of Schedule 1 to the Presumption of Death Act 2013(1), and with the approval of the Secretary of State makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Register of Presumed Deaths (Prescribed Information) Regulations 2014 and come into force on 1st October 2014.

(2) In these Regulations:

“the Act” means the Presumption of Death Act 2013;

“maiden surname” means the surname with which a woman entered into her first marriage or civil partnership and, where a woman entered into a civil partnership and then a marriage (or a marriage and then a civil partnership), it means the surname with which she entered into the first of these legal relationships.

Prescribed information: entries in the Register of Presumed Deaths

2.—(1) The information prescribed for the purposes of paragraph 1(1)(b) and 1(2)(a) of Schedule 1 to the Act, so far as such information is determined by the court(2) in a particular case, is set out in the Schedule.

(2) If the information prescribed for the purposes of paragraph 1(1)(b) is provided by the court to the Registrar General in Welsh, it must also be provided in English.

Prescribed information: Variation Orders

3.—(1) The information prescribed for the purposes of paragraph 2(1)(b) of Schedule 1 to the Act is any change to the information prescribed for the purposes of paragraph 1(1)(b) of that Schedule.

(2) If that information is provided by the court to the Registrar General in Welsh, it must also be provided in English.

Approved by

James Brokenshire

Minister of State

Home Office

5th September 2014

Made by

Paul Pugh

Registrar General

5th September 2014

Regulation 2(1)

SCHEDULE Prescribed information

1)

The date of presumed death

2)

The place of presumed death

3)

Name and surname

4)

Sex

5)

Maiden surname

6)

Date of birth

7)

Place of birth

8)

Occupation

9)

Usual or last known address

10)

Cause of presumed death

11)

Name of the issuing court.

12)

Date of court declaration

EXPLANATORY NOTE

(This note is not part of the Regulations))

These Regulations prescribe: the information that must be sent by the High Court to the Registrar General for England and Wales, when that court has made a declaration of presumed death; the information that has to be entered in the Register of Presumed Deaths; and the information that must be provided by the court to the Registrar General when a variation order takes effect. An Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2013 c. 13.

(2)

“The court” in the Act is defined to mean the High Court – see section 20.