General

I123The court

1

The Lord Chancellor must by regulations made by statutory instrument designate the High Court or the Court of Protection to have the functions of the court under this Act.

2

The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.

3

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under this section.

4

Regulations under this section may include transitional, transitory or saving provision.

5

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

24Interpretation

1

In this Act—

  • “the absence condition” has the meaning given in section 3;

  • “the court” means the court for the time being designated by the Lord Chancellor under section 23;

  • “guardian” means a person appointed as a guardian under this Act;

  • “guardianship order” has the meaning given in section 2;

  • “missing”, in relation to a person, has the meaning given in section 1 (and see subsection (2));

  • “the missing person” means—

    1. a

      in relation to an application or order under this Act, the missing person whose property or financial affairs are or would be the subject of the application or order, and

    2. b

      in relation to a guardian, the missing person in respect of whose property or financial affairs the guardian is appointed,

    (and see subsection (2));

  • “personal representative”, in relation to a person who has died, means—

    1. a

      a person responsible for administering the person's estate under the law of England and Wales, or

    2. b

      a person who, under the law of another country or territory, has functions equivalent to those of administering the person's estate under the law of England and Wales;

  • “property” includes any thing in action and any interest in real or personal property;

  • “sibling” means a sibling of the full blood or the half blood;

  • “the urgency condition” has the meaning given in section 3;

  • “will” includes codicil.

2

References in the following provisions to a missing person include a person whose property or financial affairs are or were the subject of a guardianship order but who is no longer missing—

a

sections 8, 9, 11, 14(1), 15(1) and 18, and

b

sections 19 and 21, so far as they apply to applications or proceedings in connection with such a person.

3

References in this Act to action by a guardian (however expressed) include inaction.

25Extent, commencement and short title

1

This Act extends to England and Wales only.

2

The following come into force on the day on which this Act is passed—

a

section 16(5) to (7),

b

section 17, so far as it confers power to make regulations,

c

section 18(6) to (8), and

d

section 24 and this section.

3

Subject to subsection (2), the provisions of this Act come into force on such day as the Secretary of State may appoint by regulations made by statutory instrument.

4

Regulations under this section may—

a

appoint different days for different purposes, and

b

include transitional, transitory or saving provision.

5

This Act may be cited as the Guardianship (Missing Persons) Act 2017.