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The Deregulation (Correction of Birth and Death Entries in Registers or Other Records) Order 2002

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Amendment of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957

3.—(1) In subsection (3) of section 3 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (correction of errors in service departments registers)—

(a)after “made” insert “either”, and

(b)after “truth of the case” insert “or, where it applies, in accordance with section 3A of this Act”.

(2) After that section insert—

Alternative procedure for certain corrections.

3A.(1) This section applies where, in an entry relating to a birth or death in a register or other record to which section 3(3) of this Act applies, a person is wrongly shown as the father of the person to whose birth or death the entry relates.

(2) Where this section applies, the statutory declaration required by section 3(3) of this Act may be made by one credible person having knowledge of the truth of the case.

(3) Such a statutory declaration must be accompanied by documentary evidence of a finding that the person shown as the father was not the father.

(4) But subsection (5) applies if it appears to the officer specified in accordance with subsection (3) of section 3 of this Act that the only evidence on which the finding was made was that of the person making the statutory declaration.

(5) In that case, the officer may correct the error only if satisfied that another person, who is a credible person having knowledge of the truth of the case, has (whether before or since the making of the declaration) confirmed the material facts stated in the declaration.

(6) “Finding” means a finding made expressly in judicial proceedings in the United Kingdom or elsewhere..

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