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Consular Conventions (Isle of Man) Act 1950


Published: 2012-09-01

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Consular Conventions (Isle of Man) Act 1950

c i e
AT 2 of 1950

CONSULAR CONVENTIONS (ISLE OF

MAN) ACT 1950

Consular Conventions (Isle of Man) Act 1950 Index


c AT 2 of 1950 Page 3

c i e
CONSULAR CONVENTIONS (ISLE OF MAN) ACT 1950

Index Section Page

1 Powers of consular officers in relation to property in the Isle of Man of
deceased persons ............................................................................................................ 5
2 Supplementary provision as to section one ................................................................ 6
3 Application of section one ............................................................................................. 6
4 Short title .......................................................................................................................... 7
5 Commencement of Act .................................................................................................. 7
ENDNOTES 9

TABLE OF LEGISLATION HISTORY 9
TABLE OF RENUMBERED PROVISIONS 9
TABLE OF ENDNOTE REFERENCES 9

Consular Conventions (Isle of Man) Act 1950 Section 1


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c i e
CONSULAR CONVENTIONS (ISLE OF MAN) ACT 1950

Received Royal Assent: 3 February 1950
Passed: 28 February 1950
Commenced: 28 February 1950
AN ACT
to confer upon the consular officers of foreign States with which
consular conventions are concluded by His Majesty certain powers relating to
the administration of the estates and property of deceased persons.
1 Powers of consular officers in relation to property in the Isle of Man of

deceased persons

(1) Where any person who is a national of a State to which this section
applies is named as executor in the will of a deceased person disposing
of property in the Isle of Man, or is otherwise a person to whom a grant
of representation to the estate in the Isle of Man of a deceased person
may be made, then if the court is satisfied, on the application of a
consular officer of the said State, that the said national is not resident in
the Isle of Man, and if no application for a grant of such representation is
made by a person duly authorised by power of attorney to act for him in
that behalf, the court shall make to that officer any such grant of
representation to the estate of the deceased as would be made to him if
he were so authorised as aforesaid:
Provided that the court may, if it thinks fit, postpone the making of a
grant by virtue of this section during such period as the court considers
appropriate having regard to the circumstances of the case.
(2) Where any person who is a national of a State to which this section
applies —
(a) is entitled to payment or delivery of any money or property in
respect of any interest in the estate of a deceased person, or
vesting in possession on the death of any person, or is entitled to
payment of any money becoming due on the death of any person;
or
(b) is a person to whom any money or property comprised in the
estate of a deceased person may be paid or delivered in pursuance
Section 2 Consular Conventions (Isle of Man) Act 1950


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of any enactment, rule or regulation, whether passed or made
before or after the commencement of this Act, authorising the
payment or delivery of such money or property without
representation to the estate of the deceased being granted,
then if the said national is not resident in the Isle of Man, a consular
officer of that State shall have the like right and power to receive and
give a valid discharge for any such money or property in the Isle of Man
as if he were duly authorised by power of attorney to act for him in that
behalf:
Provided that no person shall be authorised or required by this
subsection to pay or deliver any money or property to a consular officer
if it is within his knowledge that any other person in the Isle of Man has
been expressly authorised to receive that money or property on behalf of
the said national.
(3) A grant of administration made by virtue of this section may be made to
the consular officer by his official title, and to his successors in office; and
where a grant is so made, the office of administrator, and all the estate,
rights, duties and liabilities of the administrator (including liabilities
under the administration bond) shall be vested in and imposed on the
person for the time being holding the office, and no fresh grant shall be
required by reason only of the death or vacation of office of the person to
whom the grant was made or in whom it is vested as aforesaid:
Provided that nothing in this subsection shall affect any limitation
contained in the grant, or any power of the court to revoke the grant.
(4) Sureties shall not be required to an administration bond given by a
consular officer upon the grant of administration by virtue of this section.
2 Supplementary provision as to section one

Notwithstanding any rule of law conferring immunity or privilege in respect of
the official acts and documents of consular officers, a consular officer shall not
be entitled to any immunity or privilege in respect of any act done by virtue of
powers conferred on him by or under section one of this Act, or in respect of
any document for the time being in his possession relating thereto.
3 Application of section one

(1) The Governor in Council may by order direct that section one of this Act
shall apply to any foreign State specified in the Order, being a State with
which a consular convention providing for matters for which provision is
made by the said section one, has been concluded by His Majesty.1

(2) Any Order made under this section may be revoked by a subsequent
Order.
Consular Conventions (Isle of Man) Act 1950 Section 4


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(3) Any Order made under this section shall be laid before Tynwald after
being made.
4 Short title

This Act may be cited as the Consular Conventions (Isle of Man) Act, 1950.
5 Commencement of Act

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
Consular Conventions (Isle of Man) Act 1950 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by Governor’s General Functions (Transfer) Act 1980 Sch 1.