PRESUMPTION OF DEATH BILL
NOTICE OF AMENDMENTS TABLED ON
2 MARCH 2009 FOR CONSIDERATION STAGE
Clause 1, Page 1, Line 17
At end insert -
‘or
(c) the applicant is a close relative of the missing person where the missing person is a victim of violence (within the meaning of section 1(4) of the Northern Ireland (Location of Victims’ Remains) Act 1999).’
Minister of Finance and Personnel
Clause 1, Page 2, Line 4
Leave out ‘subsection’ and insert ‘subsections (2)(c) and’
Minister of Finance and Personnel
Clause 6, Page 4, Line 12
After ‘declaration’ insert ‘(other than a capital sum which has been distributed by way of an annuity or other periodical payment)’
Minister of Finance and Personnel
Clause 7, Page 4, Line 42
After ‘sum’ insert ‘(other than in respect of an annuity or other periodical payment)’
Minister of Finance and Personnel
New Clause
After clause 10 insert -
‘Disclosure of information
10A.—(1) Where the High Court is of the opinion that it is necessary for the purpose of disposing of proceedings under section 1 or section 5, the Court may, of its own motion or on the application of a party to the proceedings, make an order requiring any person who is not a party to the proceedings to disclose to the Court such information as the Court considers relevant to the determination of the question of whether a missing person is alive or dead as may be specified in the order.
(2) Nothing in subsection (1) shall impose a duty to disclose information—
(a) which is permitted or required by any rule of law to be withheld on grounds of public interest immunity;
(b) which any person would be entitled to refuse to provide on grounds of legal professional privilege;
(c) if the disclosure of that information might incriminate the person disclosing the information, or his or her spouse or civil partner, of an offence.
(3) Before making an order under subsection (1), the High Court must serve notice of its intention to make the order on any person who, in the opinion of the Court, is likely to be affected by the order.
(4) The High Court may discharge or vary an order made by it under this section on an application made to the Court by any person affected by the order.
(5) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to orders under this section.
(6) This section binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.’
Minister of Finance and Personnel
Clause 16, Page 8, Line 4
At end insert -
‘“insurer” means any person who provides for the payment of benefits on the death of any person;’
Minister of Finance and Personnel
Clause 16, Page 8
Leave out lines 20 to 32
Minister of Finance and Personnel
Clause 19, Page 9, Line 10
At end insert -
‘( ) section 9(1);’
Minister of Finance and Personnel
Clause 19, Page 9, Line 10
At end insert -
‘( ) section 10A(5);’
Minister of Finance and Personnel
Schedule 1, Page 11, Line 18
At end insert -
‘( ) Where it appears to the Registrar General that the death of a missing person, being a person to whom an entry in the Register of Presumed Deaths relates, has been registered in the register of deaths or recorded in any register kept or maintained under the law of a country or territory outside Northern Ireland corresponding in nature to the register of deaths, the Registrar General must mark or annotate the relevant entry in the Register of Presumed Deaths accordingly.’
Minister of Finance and Personnel