An Act to make provision in relation to the presumed deaths of missing persons. Explanatory notes to the Act are available separately (ISBN 9780105960584)

These notes refer to the Presumption of Death Act (Northern Ireland) 2009 (c. 6) (ISBN 9780105950646) which received Royal assent on 2 July 2009

Enabling power: Presumption of Death Act (Northern Ireland) 2009, s. 20 (2). Bringing into operation various provisions of the 2009 Act on 09.11.2009. Issued: 05.11.2009. Made: 03.11.2009. Coming into operation: -. Effect: None

Enabling power: Presumption of Death Act (Northern Ireland) 2009, s. 16 (1), sch. 1, paras 1 (1) (2), 2 (1). Issued: 16.11.2009. Made: 10.11.2009. Coming into operation: 07.12.2009. Effect: None

When a person goes missing their family can suffer serious financial repercussions, as well as inevitable pain and distress. Having examined the law and processes the Committee have found that such suffering is exacerbated by: a legislative patchwork of bewildering complexity; the inability to administer the financial situation of their missing relatives; a lack of information about the actions they are able to take; and ignorance of the correct procedures to be followed by police, lawyers, banks, insurers and others. This report puts forward a threefold recommended approach. Firstly, the introduction of a presumption of death act to clarify the legal position. Such an act should be modelled on the legislation in Scotland and Northern Ireland. Presumption of death orders, however, can only solve some of the problems families face. It will only be appropriate to declare a missing person dead several years after their disappearance. In that time, their financial affairs can be devastated beyond hope of recovery. The Committee also therefore recommends that legislation be introduced to allow for a system of guardianship orders, similar to those in Australia. These will allow for the administration of the missing person's property in his or her best interests if they have not returned after three months, as well as support for dependents. Finally, they call on the Government and industry to provide effective guidance for families in very difficult and distressing circumstances, as well as those who provide services for them.

Law in Northern Ireland is the essential textbook for all students of Northern Ireland's legal system. Changes to this new edition – some of them substantial – have been made to every section, taking full account of five years of developments. The book explores the evolution of law-making in Northern Ireland before going on to explain the relevant constitutional arrangements, how to identify and interpret applicable sources of law, and what are the fundamental rules and principles of public law, criminal law and private law, highlighting where appropriate what may be unusual about them. It contextualises the myriad of legal institutions operating in the jurisdiction, sets out how criminal and civil proceedings work in practice and provides useful information on how people become lawyers, what lawyers actually do once they become qualified and how the legal system is funded. The appendices set out some sample sources of law so that readers can familiarise themselves with what is involved in handling legal documents. The language throughout is accessible and there are Tables of Cases and Legislation, as well as a comprehensive index.

This memorandum refers to the Presumption of Death Bill as amended at consideration stage in the Northern Ireland Assembly on 9 March 2009 (Bill 23/07, ISBN 9780339202863)

Executive bill introduced 1 July 2008. A Bill to make provision in relation to the presumed deaths of missing persons. An explanatory and financial memorandum to this Bill is printed separately as NIA Bill 23/07-EFM (ISBN 9780339202566)

Presumption of Death Bill : Marshalled list of amendments consideration stage, Monday 9 March 2009, amendments tabled up to and including Thursday, 5 March 2009