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.