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PART XIICORRECTION OF ERRORS

Time when entry is complete

53.  An entry of a birth or death made by a registrar shall for the purposes of these Regulations be deemed to have been completed when the registrar has signed the entry and added his official description.

Correction of entry before completion

54.—(1) Where under these Regulations a registrar is required to correct an error in an entry of a birth or death before the completion of the entry, he shall, subject to paragraph (2), make the correction in the following manner–

(a)if a word is incorrect, he shall strike it out by a line drawn through it, but so that the word remains legible, and shall write the correct word above it;

(b)if in any group of figures one or more is incorrect, he shall strike out all the figures by a line drawn through them, but so that they remain legible, and shall write the correct figures above them;

(c)if a word has been omitted, he shall place a caret where the omission occurs and above the caret he shall write the omitted word, except that if there is sufficient space he shall write the word where the omission occurs and underline it;

(d)all such corrected errors shall be numbered consecutively from the beginning of the register starting with “one”, and on making such a correction the registrar shall write the number of the error in figures against the correction in the body of the entry and shall repeat the number in words in the margin of the entry and add his initials;

(e)if the particulars required to be entered in any two spaces have been inadvertently transposed, the registrar shall, without any other correction, write in the margin of the entry a note of the error in the following form: “The particulars in ... ... ... ...and ... ... ... ...inadvertently transposed”, inserting the numbers of the spaces and adding his initials.

(2) If it appears that an error has been made in his signature, the informant shall make the correction and the registrar shall number the error and make an entry in the margin as provided in paragraph (1)(d).

Correction of minor clerical errors after completion

55.—(1) Where it appears or is represented to the superintendent registrar or the registrar that in any completed entry made on or after 1st April 1969 in a register of live-births, still-births or deaths in his custody there is any clerical error to which this Regulation applies he shall, except where paragraph (4) applies, correct the error as provided in Regulation 54(1)(a), (b), (c) or (e) whichever is appropriate.

(2) The clerical errors to which this Regulation applies are–

(a)any error–

(i)in spelling any word which is not the name or surname of any person, or

(ii)consisting of the misplacement or incorrect repetition of any such word,

made on entering the particulars other than by copying from a document specified in sub-paragraph (f);

(b)the incorrect statement or omission–

(i)in the date of registration, of the day or the month (but not both) provided it is evident from the preceding and succeeding entries which day or month should have been inserted,

(ii)of the year of the birth or death to which an entry relates or of the year of registration (but not of both);

(c)the omission of all the words required to be added, in space 14 of a birth entry, by Regulation 10(1)(b)(ii), 13(4)(b) or 17(2)(b)(i);

(d)the omission of any of the words (including the date) required to be added, following the entry of a name in space 17 of a birth entry, by Regulation 14(2)(a) or (b);

(e)the omission of any of the words (including the name, surname and description of the coroner) “Certificate on inquest adjourned received from ... ... ... ...” required to be added, in space 7 of a death entry, by Regulation 45(b)(ii);

(f)any error in copying any particulars required to be copied from–

(i)a declaration made in accordance with Regulation 13,

(ii)a certificate of name given in baptism, or a certificate of name given other than in baptism, delivered in pursuance of section 13(1) of the Act(1),

(iii)a certificate of cause of death,

(iv)a doctor’s or midwife’s certificate of still-birth,

(v)a coroner’s notification after post-mortem without inquest; or

(vi)a coroner’s certificate after inquest;

(g)any error, in space 14 of a birth entry, in copying the date of a statutory declaration as required by Regulation 10(1)(b)(ii) or 17(2)(b)(i),

and the references in this paragraph to provisions of these Regulations include any corresponding provision of regulations revoked by these Regulations.

(3) Where any correction is made under paragraph (1), other than one to which paragraph (4) applies, the superintendent registrar or registrar concerned shall write in the margin of the entry a note in the following form–

and shall complete and sign the note in the places provided.

(4) Where the clerical error relates to an entry required to be made by any of regulations 20, 22 and 23 the superintendent registrar or the registrar concerned shall–

(a)send a report to the Registrar General enclosing a copy of the entry; and

(b)correct the entry as directed by the Registrar General.

Correction of other minor clerical errors after completion

56.—(1) Where it appears or is represented to the superintendent registrar or the registrar that there is any clerical error to which this Regulation applies in a completed entry made on or after 1st April 1969, on the information of a qualified informant, in a register of live-births or deaths in his custody, he shall correct the error–

(a)in the presence–

(i)of that informant, and

(ii)where the register is in the custody of the registrar, of the superintendent registrar; and

(b)in the manner provided in Regulation 54(1)(a), (b), (c), or (e) whichever is appropriate.

(2) Where an error is corrected in accordance with paragraph (1) the superintendent registrar or registrar concerned shall write in the margin of the corrected entry a note in whichever of the following forms is appropriate–

and shall complete and sign the note in the places provided.

(3) Subject to paragraph (4), this Regulation applies to the following clerical errors–

(a)in a live-birth entry (form 1)–

(i)in space 1, in the date or place of birth, but not both, provided the correct place of birth is within the sub-district where the birth was registered and the correct date of birth is within 3 months of the date of registration,

(ii)in space 5, in the father’s place of birth,

(iii)in space 6, in the father’s occupation,

(iv)in space 8, in the mother’s place of birth,

(v)in space 10, in the mother’s usual address,

(vi)in space 12, in the qualification of the informant, unless neither the father nor the mother, provided the identity of the informant is clear from the signature in space 14 and this is consistent with the information in space 4 or 7,

(vii)in space 13, in the usual address of informant,

(b)in a death entry (form 13)–

(i)in space 1, in the date or place of death, but not both, provided the corrected place of death is within the sub-district in which the death was registered and the corrected date of death is within 12 months of the date of registration,

(ii)in space 3, consisting of the omission of the sex of the deceased provided the sex as corrected is consistent with the name of the deceased in space 2,

(iii)in space 4, in the deceased’s maiden surname,

(iv)in space 5, consisting of the incorrect statement or omission of one, but not both, of the date or place of birth but, in the case of an incorrect statement of the latter only if the date is not corrected by more than one year,

(v)in space 6, consisting of the incorrect statement or omission of the occupation of the deceased or of the deceased’s husband or parents or of the usual address of the deceased or of the omission of the words “son [or daughter] of ... ... ... ...” and of the names and surnames of the deceased’s parents,

(vi)in space 7(a), in the informant’s name or surname provided this is consistent with the signature in space 9,

(vii)in space 7(c), in the informant’s usual address.

(4) This Regulation applies only where the qualified informant on whose information the original entry was made attends to witness the correction.

Correction of other clerical errors after completion

57.—(1) Where it appears or is represented to a superintendent registrar or a registrar that in a completed entry made on or after 1st April 1969, on the information of a qualified informant, in a register of live-births, still-births or deaths in his custody, there is a clerical error other than one to which Regulation 54, 56 or 59(2) applies, he shall send a report to the Registrar General and shall include with his report–

(a)such evidence as the Registrar General may require for the purpose of verifying the facts;

(b)the name and surname of the qualified informant (if any) who will be available to witness correction of the error; and

(c)a copy of the entry.

(2) On receiving the authority of the Registrar General the superintendent registrar or the registrar concerned shall correct the error in the manner provided in Regulation 54(1)(a), (b), (c), or (e), whichever is appropriate, in the presence of the qualified informant specified in the authority of the Registrar General.

(3) Where any correction is made under paragraph (2) the superintendent registrar or the registrar concerned shall write in the margin of the entry a note in the following form–

and shall complete and sign the note in the places provided whereupon–

(a)the informant shall sign the note in the place provided; and

(b)the superintendent registrar or the registrar concerned shall after the signature of the informant add the informant’s qualification for giving information concerning the correction.

(4) Where no qualified informant is available to witness the correction, the superintendent registrar or the registrar concerned shall write in the margin of the entry a note in the following form (or in such other form as may be authorised by the Registrar General in any particular case)–

and shall complete and sign the note in the places provided.

Correction of errors of fact or substance

58.—(1) Where it appears or is represented to a superintendent registrar or a registrar that there is an error of fact or substance in a completed entry in a register of live-births, still-births or deaths in his custody, other than an entry to which Regulation 59 applies, he shall–

(a)send a report to the Registrar General giving such information as the Registrar General may require and enclosing a copy of the entry; and

(b)comply with any instructions which the Registrar General may give for the purpose of verifying the facts of the case and ascertaining whether there are available two persons qualified to make a statutory declaration required by section 29(3) of the Act(2).

(2) On being informed by the Registrar General that the error may be corrected on production of such a statutory declaration, the superintendent registrar or the registrar concerned shall on production to him of the statutory declaration correct the error in the following manner–

(a)he shall underline the erroneous matter in the entry; and

(b)he shall write in the margin of the entry a note in the following form (or such other form as the Registrar General may authorise in any particular case)–

and he shall enter the particulars of the correction and of the declarants and complete and sign the note in the places provided.

Correction of error on coroner’s certificate

59.—(1) Where the superintendent registrar or the registrar having the custody of a register containing an entry made in pursuance of a coroner’s certificate after inquest receives–

(a)notification from the coroner of a clerical error in the certificate in respect of any entry made on or after 1st April 1969; or

(b)a certificate relating to that entry given by the coroner pursuant to section 29(4)(a) or (b) of the Act(3), as to an error of fact or substance in the certificate after inquest and as to the true facts of the case,

he shall send a report to the Registrar General, enclosing a copy of the entry and (as the case may be) of the coroner’s certificate and notification, or of the coroner’s certificates, relating to the entry.

(2) Where the error is a clerical error, the superintendent registrar or the registrar shall correct the error in the manner provided in Regulation 54(1)(a), (b), (c) or (e), whichever is appropriate, and shall write in the margin of the entry a note in the following form–

(3) Where the error is one of fact or substance the superintendent registrar or the registrar shall correct the error by–

(a)underlining the erroneous matter in the entry; and

(b)writing in the margin of the entry a note in the following form–

Correction of clerical errors in entries made before 1st April 1969

60.  Any clerical error in any entry made before 1st April 1969 shall be corrected as if these Regulations had not been made.

Copy of corrected or annotated entry to be sent to Registrar General

61.—(1) Where a superintendent registrar or a registrar makes any correction or annotation to a completed entry in a register of live-births, still-births or deaths, whether by marginal note or otherwise, he shall, subject to paragraph (2), within seven days make and send to the Registrar General a copy of the entry as corrected or annotated (or both), including a copy of any marginal note, certified by–

(a)the registrar, if the register containing the entry is in his custody (and paragraph (b) does not apply); or

(b)the registrar and the superintendent registrar, if the register containing the entry is in the custody of the registrar and a quarterly copy of the entry has been certified; or

(c)the superintendent registrar, where the register containing that entry is in his custody,

together, in any case where a birth is re-registered under section 10A of the Act(4), with a copy of the new entry, certified by the registrar who made that entry.

(2) Paragraph (1) shall apply in relation to a correction or annotation made by a registrar under Regulations 55 and 56 only if the correction or annotation is made after the registrar has certified a true copy of the original entry pursuant to section 26(1)(a) of the Act (quarterly returns).

(3) Where a registrar has re-registered a birth under either section 10A or 14(1) of the Act(5) and the previous entry is in a register in the custody of a superintendent registrar the registrar shall within seven days of the re-registration provide the superintendent registrar with a certified copy of the new entry.

(1)

Section 13(1) was amended by Schedule 2 to the Registration of Births, Deaths and Marriages (Fees) Order 1968 (S.I. 1968/1242).

(2)

Section 29(3) was amended by Schedule 2 to the Registration of Births, Deaths and Marriages (Fees) Order 1968 (S.I. 1968/1242).

(3)

Section 29(4) was amended by Schedule 12 to the Criminal Law Act 1977 (c. 45) and by Schedule 2 to the Coroners Act 1980 (c. 38).

(4)

Section 10A was inserted by section 93(2) of the Children Act 1975 (c. 72).

(5)

Section 14(1) was amended by paragraph 13(3) of Schedule 3 to the Children Act 1975 (c. 72) and by paragraph 1(b) of Schedule 1 to the Matrimonial Causes Act 1973 (c. 18).