§ [Nos. 214 to 247]
§ Schedule 1, page 50, line 10, after ("an") insert ("adoption").
§ Schedule 1, page 50, line 14, leave out ("or").
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§
Schedule 1, page 50, line 16, at end insert (" or
(e) which is an adoption recognised by the law of England and Wales, and effected under the law of any other country.")
§ Schedule 1, page 50, leave out lines 30 and 31.
§ Schedule 1, page 50, line 32, leave out from beginning to ("before") in line 33 and insert (" 'Existing', in relation to any enactment or other instrument, means one passed or made.")
§ Schedule 1, page 50, line 36, leave out ("executed") and insert ("made").
§ Schedule 1, page 50, line 36, at end insert—
§ ("Dispositions of property
§
1A.—(1) In this Schedule—
disposition" includes the conferring of a power of appointment and any other disposition of an interest in or right over property;
power of appointment" includes any discretionary power to transfer a beneficial interest in property without the furnishing of valuable consideration.
§ (2) This Schedule applies to an oral disposition of property as if contained in an instrument made when the disposition was made.")
§ page 51, line 21, leave out ("executed") and insert ("passed or made").
§ page 51, line 22, leave out from ("indication") to end of line 24.
§ page 51, line 43, leave out ("operation on ") and insert ("application to").
§ page 52, line 2, after ("of") insert (" provisions containing").
§
page 52, line 5, leave out sub-paragraph (3) and insert—
(" '(3) For the purposes of this paragraph, and of paragraph 6, provisions of the law of inestate succession applicable to the estate of a deceased person shall be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death".)
§ page 52, line 12, leave out sub-paragraph (2).
§
page 52, line 22, at end insert—
(" (3A) Examples of phrases in wills on which sub-paragraph (3) can operate are—
Note: Sub-paragraph (3) will not affect the reference to the age of 21 years in example 2.")
§ page 52, line 23, leave out from ("not") to end of line 24 and insert ("prejudice any interest vested in possession in the adopted child before the adoption, or any interest expectant (whether immediately or not) upon an interest so vested.")
§ page 52, line 23 leave out lines 35 to 40.
§ page 52, line 44, at end insert—
§ ("(1A) Paragraph 2 does not apply for the purposes of any provision of
- (a) the British Nationality Acts 1948 to 1965,
- (b) the Immigration Act 1971,
- (c) any instrument having effect under an enactment within paragraph (a) or (b), or
- (d) any other provision of the law for the time being in force which determines citizenship of the United Kingdom and Colonies.
- (1AA) Paragraph 2 shall not prevent a person being treated as a near relative of a deceased person for the purposes of section 32 of the Social Security Act 1975 (payment of death grant), if apart from paragraph 2 he would be so treated.
- (1B) Paragraph 2 does not apply for the purposes of section 70(3)(b) or section 73(2) of the Social Security Act 1975 (payment of industrial death benefit to or in respect of an illegitimate child of the deceased and the child's mother).
- (1C) Subject to regulations made under section 72 of the Social Security Act 1975 (entitlement of certain relatives of deceased to industrial death benefit), paragraph 2 shall not affect the entitlement to an industrial death benefit of a person who would, apart from paragraph 2, be treated as a relative of a deceased person for the purposes of the said section 72.")
§ Page 53, leave out lines 1 to 6.
§ Page 53, line 6, at end insert—
§ ("Pensions
§ 7A. Paragraph 2(2) does not affect entitlement to a pension which is payable to or for the benefit of a child and is in payment at the time of his adoption.".)
§ Page 53, line 8, leave out sub-paragraph (1).
§ Page 53, line 10. leave out ("an illegitimate") and insert ("a")
§ Page 53, line 16, at end insert—
§ ("Insurance
§ 9A. Where a child is adopted whose natural parent has effected an insurance with a friendly society or a collecting society or an industrial insurance company for the payment on the death of the child of money for funeral expenses, the rights and liabilities under the policy shall by virtue of the adoption be transferred to the adoptive parents who shall for the purposes of the enactments relating to such societies and companies be treated as the person who took out the policy.")
§ Page 53, line 20, leave out paragraph 10.
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Page 53, line 42, at end iinsert—
(" (4A) Examples of phrases in wills on which sub-paragraph (4) can operate are set out in paragraph 5(3A)")
§
Page 54, line 15, at end insert—
(" (8) Part II of that Schedule, which repeals enactments superseded by this paragraph, has effect as respects any instrument, other than an existing instrument")
§
Page 54, leave out lines 19 to 28 and insert ("if either natural parent is the sole adoptive parent.
(2) Where an adopted child (with a sole adoptive parent) is legitimated—
§ Page 54, leave out lines 29 and 30.
§ Page 54, line 36, leave out from first ("by") to ("as") and insert ("one of the natural parents".)
§ Page 54, line 38, at end insert ("(or, if deceased, is treated as legitimated)")
§ Page 55, line 2, after ("legitimated",) insert ("(or, if deceased, is treated as legitimated)".)
§ Page 55, line 11, leave out ("or by both natural parents")
§ Page 55, line 33, leave out from beginning to ("affect") and insert ("This Schedule shall not")
§ Page 55, line 42, leave out ("including") and insert ("includes")
§ Page 55, leave out lines 44 and 45 and insert—