Presumption of Death Act 2013
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Change 1
6 Effect of variation order
(1) A variation order does not affect an interest in property acquired as a result of a declaration under this Act (but see section 7). (2) A variation order does not revive a marriage or civil partnership that was brought to an end by virtue of a declaration under this Act. (3) Except as otherwise required by subsection (1) or (2)— (a) where a variation order varies a declaration, subsections (1) and (2) of section 3 have effect in relation to the declaration as varied by the order, and (b) where a variation order revokes a declaration, those subsections cease to have effect in relation to the declaration. (4) But subsection (3) applies only if— (a) the variation order has not been appealed against and the period for bringing an appeal has ended, or (b) the variation order has been appealed against and the appeal (and any further appeal) has been unsuccessful. (5) For the purposes of subsection (4), an appeal has been unsuccessful if— (a) it has been dismissed or withdrawn, and (b) any period for bringing a further appeal has ended.
6 Effect of variation order
(1) A variation order does not affect an interest in property acquired as a result of a declaration under this Act (but see section 7). (2) A variation order does not revive a marriage or civil partnership that was brought to an end by virtue of a declaration under this Act. (3) Except as otherwise required by subsection (1) or (2)— (a) where a variation order varies a declaration, subsections (1) and (2) of section 3 have effect in relation to the declaration as varied by the order, and (b) where a variation order revokes a declaration, those subsections cease to have effect in relation to the declaration. (4) But subsection (3) applies only if— (a) the variation order has not been appealed against and the period for bringing an appeal has ended, or (b) the variation order has been appealed against and the appeal (and any further appeal) has been unsuccessful. (5) For the purposes of subsection (4), an appeal has been unsuccessful if— (a) it has been dismissed or withdrawn, and (b) any period for bringing a further appeal has ended.
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