111Definitions

111 Definitions

111 Definitions

In this Part, except in so far as the context or subject-matter otherwise indicates or requires—

existing pre-paid contract means a pre-paid contract—

(a) entered into before the commencement of section 34, and

(b) under which a funeral service has not been supplied,

but does not include a pre-paid contract which has been cancelled, or held to be void, if the money or other valuable consideration paid or given under the contract has been repaid or returned.

existing pre-paid funeral fund means a person to whom any money or other valuable consideration under an existing pre-paid contract has been paid or given or to whom any such money or consideration has been transferred, but does not include a person who has paid or given any such money or consideration to some other person pursuant to an agreement whereby that money or consideration is held in trust for the purposes for which it was paid or given.

pre-paid funeral fund includes a person exempt from the application of section 34.

prescribed day, in relation to a person who has agreed to supply any funeral service under an existing pre-paid contract, means—

(a) except as provided in paragraph (b), the day on which the person notifies the Secretary in accordance with section 112, or

(b) where the person is pursuant to this Part deemed to have notified the Secretary that the person proposes to cancel, in accordance with Division 2, pre-paid contracts entered into by the person, the day on which the person is deemed to have so notified the Secretary.