The Act allows the High Court to issue a declaration that a person who is missing be “presumed dead”.
Welcoming the commencement of the Act, Mr Wilson said: “ Under the Presumption of Death Act (Northern Ireland) 2009 the families of missing persons across Northern Ireland will, for the first time, be able to have the presumed death of their family member confirmed by the High Court, and a certificate of presumed death made available to them by the General Register Office.
"Whilst very few people will have any need for this, there are families across Northern Ireland who have suffered the tragedy of having a family member go missing for so long, or in such circumstances that the inescapable conclusion is that they have died. For those families, such as those of the disappeared, I hope that this Act will ease some of the suffering that they have endured.”
Notes to editors:
1. The Presumption of Death Bill was passed by the Northern Ireland Assembly on 27 April 2009 and received Royal Assent on 2 July 2009.
2. The legislation is modelled on the existing Presumption of Death (Scotland) Act 1977, although there are substantial differences between the two pieces of legislation.
3. Under the Presumption of Death Act (Northern Ireland) 2009 a person will be able to apply to the High Court for a declaration that a person who is missing be “presumed dead”. Applications can be made –
(a) if there is evidence that the person is likely to have died; or
(b) where the missing person has not been known to be alive for a period of at least seven years prior to the date of the application.
4. The jurisdiction of the High Court to issue a declaration is not, however, open ended. The Court can only make a declaration where –
(a) the missing person was domiciled or habitually resident in Northern Ireland;
(b) the applicant is the spouse or civil partner of a missing person and the applicant is domiciled or habitually resident in Northern Ireland; or
(c) the applicant is a “close relative” of a missing person who is one of “the disappeared” in Northern Ireland (defined in the legislation as “a victim of violence within the meaning of section 1(4) of the Northern Ireland (Location of Victims’ Remains) Act 1999).
5. Upon the making of a declaration of presumed death the Registrar General for Northern Ireland will make an entry in relation to the missing person in a new Register of Presumed Deaths established in accordance with section 15 of, and Schedule 1, to the Act. The making of a declaration of presumed death will have the same effect in law as if the person had died and his or her death had been registered in the normal way in the register of deaths by the Registrar General.
6. In the absence of a body to medically certify as dead, there will always remain the possibility that the missing person who is presumed dead is in fact alive. Should this be the case the High Court has jurisdiction to revoke the declaration of presumed death and, in such circumstances, the Registrar General will be obliged to cancel the entry in the Register of Presumed Deaths.
7. A copy of the Act is available on the Office of Public Sector Information website
8. A copy of the court rules relating to declarations of presumed death is available on the Office of Public Sector Information website
9. Media enquiries only to DFP Communications Office on 028 9052 7375. Out of office hours please contact the Duty Press Officer via pager number 07699 715 440 and your call will be returned.
