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Section 41 Domicile of individuals.C1 C2 C3 C4 C5

United Kingdom

(1)

F1... The following provisions of this section determine, for the purposes of F2...this Act, whether an individual is domiciled in the United Kingdom or in a particular part of, or place in, the United Kingdom F3....

C6(2)

An individual is domiciled in the United Kingdom if and only if—

(a)

he is resident in the United Kingdom; and

(b)

the nature and circumstances of his residence indicate that he has a substantial connection with the United Kingdom.

(3)

Subject to subsection (5), an individual is domiciled in a particular part of the United Kingdom if and only if—

(a)

he is resident in that part; and

(b)

the nature and circumstances of his residence indicate that he has a substantial connection with that part.

(4)

An individual is domiciled in a particular place in the United Kingdom if and only if he—

(a)

is domiciled in the part of the United Kingdom in which that place is situated; and

(b)

is resident in that place.

C7(5)

An individual who is domiciled in the United Kingdom but in whose case the requirements of subsection (3)(b) are not satisfied in relation to any particular part of the United Kingdom shall be treated as domiciled in the part of the United Kingdom in which he is resident.

(6)

In the case of an individual who—

(a)

is resident in the United Kingdom, or in a particular part of the United Kingdom; and

(b)

has been so resident for the last three months or more,

the requirements of subsection (2)(b) or, as the case may be, subsection (3)(b) shall be presumed to be fulfilled unless the contrary is proved.

F4(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in s. 41(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 39(2)(a) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in s. 41(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 39(2)(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in s. 41(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 39(2)(c) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F4: S. 41(7) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 39(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1

S. 41 applied (S.) (10.6.2002) by S.S.I. 2002/132, art. 2, Sch. 1 Ch. 7 Rule 7.3(3)(a) (with art. 3)

S. 41 applied (S.) (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(a)

C2

S. 41 applied by 1998 c. 41, s. 59(1B) (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(4); S.I. 2015/1630, art. 3(j))

C3

S. 41 applied by (7.6.2022) by Defamation Act (Northern Ireland) 2022 (c. 30), ss. 6(4), 14

C4

Ss. 41, 42 applied (8.8.2022) by Defamation and Malicious Publication (Scotland) Act 2021 (asp 10), ss. 19(5), 39(2) (with s. 19(6)); S.S.I. 2022/154, regs. 1(2), 2

C5

S. 41 applied (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 173(5), 339(1) (with s. 179 Sch. 19); S.I. 2025/272, reg. 2(1)(2)

C6

S. 41(2)(3) applied (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(1)(2), 21(2); S.I. 2016/550, art. 2

C7

S. 41(5)(6) applied (1.8.2016) by Third Parties (Rights against Insurers) Act 2010 (c. 10), ss. 13(1)(2), 21(2); S.I. 2016/550, art. 2