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Section 84 Persons who are untraceableI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

For the purposes of sections 1(1)(b), 2(1), 5(5)(a)(i), 7(1)(e), 14(2)(c), 44(1), 49(5)(b), 53(3)(g)(v), 54(1)(b), 59(5)(e), 70(2)(e)(i) and 70(2)(f)(i) (and without prejudice to the generality of those sections) a person is to be regarded as untraceable if—

(a)

the person has not been traced, and

(b)

in the case of—

(i)

section 1(1)(b), 7(1)(e), 49(5)(b), 53(3)(g)(v), 59(5)(e), 70(2)(e)(i) or 70(2)(f)(i) the court is satisfied that reasonable steps have been taken to trace the person,

(ii)

section 2(1), the truster is so satisfied,

(iii)

section 5(5)(a)(i), 14(2)(c) or 44(1), every trustee who is both capable and has been traced is so satisfied, or

(iv)

section 54(1)(b), the truster is so satisfied (or if the truster is not alive or is not capable, every trustee who is both capable and has been traced is so satisfied).

Annotations

Commencement

I1

S. 84 not in force at Royal Assent, see s. 88(3)