Section 222 Proceedings for presumption of death order

England and Wales

The court has jurisdiction to entertain proceedings for a presumption of death order F1on an application made by a civil partner if (and only if)—

F2(a)

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

(b)

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

F3(ba)

at the time the application is made, the High Court does not have jurisdiction to entertain an application by that civil partner under section 1 of the Presumption of Death Act 2013 for a declaration that the other civil partner is presumed to be dead, and

(c)

the two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.

Annotations

Textual amendments

F1: Words in s. 222 inserted (1.10.2014) by Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. 2 para. 3(2) (with s. 21); S.I. 2014/1810, art. 2 (with art. 3(1)(3))
F2: S. 222(a)(b) omitted (1.10.2014) by virtue of Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. 2 para. 3(3) (with s. 21); S.I. 2014/1810, art. 2 (with art. 3(1)(3))
F3: S. 222(ba) inserted (1.10.2014) by Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. 2 para. 3(4) (with s. 21); S.I. 2014/1810, art. 2 (with art. 3(1)(3))