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Amendment of section 21 of Principal Act
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19. Section 21 of the Principal Act is amended—
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(a) in subsection (2), by the substitution of “in such form as shall be specified under section 31A” for “in such form”,
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(b) in subsection (3), by the substitution of “specified under section 31A” for “prescribed by regulations made under section 31”,
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(c) by the insertion of the following subsections after subsection (3):
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“(3A) Subsection (3)(a) shall not apply—
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(a) in relation to the spouse of an appointer, where, at the time at which the application is made under subsection (2)—
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(i) a decree of judicial separation has been granted to either the appointer or his or her spouse by a court in the State or any decree has been so granted by a court outside the State and is recognised in the State as having like effect,
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(ii) a written agreement to separate has been entered into between the appointer and his or her spouse, or
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(iii) subject to section 2(2), the appointer and his or her spouse have separated and have ceased to cohabit for a continuous period of 12 months,
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and
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(b) in relation to the civil partner of an appointer, where, at the time at which the application is made under subsection (2)—
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(i) a written agreement to separate has been entered into between the appointer and his or her civil partner, or
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(ii) subject to section 2(2), the civil partners have separated and have ceased to cohabit for a continuous period of not less than 12 months.
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(3B) Subject to section 2(2), subsection (3)(b) shall not apply in relation to the cohabitant of an appointer where, at the time at which the application is made under subsection (2), the appointer and his or her cohabitant have separated and have ceased to cohabit for a continuous period of not less than 12 months.”,
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and
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(d) in subsection (4)—
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(i) in paragraph (f), by the substitution of—
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(I) “practitioner or” for “practitioner and”, and
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(II) “his or her” for “their”,
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and
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(ii) in paragraph (g), by the substitution of “specified under section 31A” for “prescribed by regulations made under section 31”.
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