Presumption of Death (Scotland) Act 1977
Act of the Parliament of the United Kingdom
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The Presumption of Death (Scotland) Act 1977 (c. 27) is an act of the Parliament of the United Kingdom that made fresh provision in the law of Scotland in relation to the presumed death of missing persons.[1]
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| Act of Parliament | |
| |
| Long title | An Act to make fresh provision in the law of Scotland in relation to the presumed death of missing persons; and for connected purposes. |
|---|---|
| Citation | 1977 c. 27 |
| Territorial extent | Scotland[b] |
| Dates | |
| Royal assent | 22 July 1977 |
| Commencement | 1 March 1978[c] |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes | See § Repealed enactments |
| Amended by |
|
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Presumption of Death (Scotland) Act 1977 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Provisions
Repealed enactments
Section 19 of the act repealed 4 enactments, listed in the second schedule to the act.[2]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 45 & 46 Vict. c. 53 | Entail (Scotland) Act 1882 | In section 14, the words "for a period of seven years", "and that there is no evidence that such heir in possession has been in life during the preceding seven years", "subject to the provisions of the Presumption of Life Limitation (Scotland) Act 1891", "for any shorter period than seven years" and "under the provisions of the Presumption of Life Limitation (Scotland) Act 1891, or otherwise". |
| 54 & 55 Vict. c. 29 | Presumption of Life Limitation (Scotland) Act 1891 | The whole act. |
| 1 & 2 Geo. 6. c. 50 | Divorce (Scotland) Act 1938 | Section 5. |
| 1973 c. 45 | Domicile and Matrimonial Proceedings Act 1973 | Section 7(1)(b) and (4). In Schedule 4, paragraph 2. |
Subsequent developments
The act has been amended on several occasions. The Act of Sederunt (Rules of the Court of Session 1994) 1994 (SI 1994/1443) substituted words in section 4(3), in force from 5 September 1994.[3] The Civil Partnership Act 2004 amended sections 1(3)(b)(i), 3(1), and 3(3) to extend the act's provisions to civil partners, in force from 5 December 2005.[4] The Marriage and Civil Partnership (Scotland) Act 2014 made further amendments, including inserting section 1(4A) and amending section 13, in force from 1 September 2014 and 16 December 2014 respectively.[5]