Presumption of Death Act 2013

Presumption of Death Act 2013

2013 CHAPTER 13

Commentary on Sections

Section 16 Other determinations about death of missing person

51. Section 16 defines the relationship of the Act and other legislation dealing with presumed deaths. Subsection (1) states that declarations that may be applied for under section 1 can only be made under the Act. Subsection (2) provides that where a court or tribunal makes a declaration that a person is to be presumed dead under other legislation, it must specify the time and date of death in the declaration and the requirements in section 2(3) and (4) apply. Subsection (3) gives effect to Schedule 2, which amends other legislation dealing with presumptions of death. Subsection (4) specifies that apart from the provisions of Schedule 2 and section 16(1) to (3), nothing in sections 1 to 16 of the Act affects any other court or tribunal procedures relating to the death of a missing person. Such procedures are therefore preserved to that extent.