Missing persons
I11Missing persons
1
For the purposes of this Act, a person is “missing” if—
a
the person is absent from his or her usual place of residence,
b
the person is absent from his or her usual day-to-day activities, and
c
the first or second condition is met.
2
The first condition is met if the person's whereabouts—
a
are not known at all, or
b
are not known with sufficient precision to enable the person to be contacted for the purposes of decisions relating to his or her property and financial affairs.
3
The second condition is met if—
a
the person is unable to make decisions relating to his or her property and financial affairs or to communicate such decisions with a view to their implementation (or both), and
b
the reason for that is something beyond the person's control, other than illness, injury or lack of capacity in relation to a matter (within the meaning of the Mental Capacity Act 2005).
4
A person who is detained, whether in a prison or another place, is to be treated for the purposes of this Act as absent from his or her usual place of residence and usual day-to-day activities.