Births and Deaths Registration (Northern Ireland) Order 1976

PART IV N.I. REGISTRATION OF DEATHS

Registration of deaths N.I.

21.—(1) Subject to this Part, the death of every person shall be registered [F1 in a register by any registrar], together with the cause of the death and such other particulars concerning the death as may be prescribed.

(2) Where—

(a) the body of any dead person is found; and

(b) there is not available any information as to the place where he died;

the death shall be registered [F2 by the registrar for the district] in which the body is found.

(3) Where—

(a) the body of any dead person is found in any river, lake, arm of the sea or other area of water; and

(b) there is not available any information as to the place where he died;

the death shall be registered [F3 by the registrar for the district] where the body is brought to land from the area of water in question.

(4) The following persons shall be qualified to give information concerning a death, that is to say:—

(a) any relative of the deceased who has knowledge of the particulars required to be registered concerning the death;

(b) any person present at the death;

(c) the executor or administrator of the deceased's estate;

(d) the occupier, at the time of the death, of the premises in which the death, to the knowledge of the occupier, occurred;

(e) the person finding the body;

(f) the person taking charge of the body;

(g) the person procuring the disposal of the body.

(5) It shall, subject to paragraphs (6) and (7) and to Article 26, be the duty—

(a) of each such relative as is mentioned in paragraph (4)( a); or

(b) if there is no such relative as is mentioned in paragraph (4)( a), of each such person mentioned in paragraph (4)( b); or

(c) if there is no such relative or person as is mentioned in paragraph 4( a) and ( b) of each person mentioned in paragraph (4)( c), ( d), ( e), ( f) and ( g);

to give [F4 to any registrar], before the expiration of a period of five days from the date of a death, information to the best of his knowledge and belief, of the particulars (other than the cause of the death) required to be registered concerning the death, and [F5 of such other particulars as may be prescribed, in the prescribed manner].

(6) Where any qualified informant gives the required information concerning a death [F6 in the prescribed manner] every other qualified informant shall cease to be under a duty to do so.

(7) Where a coroner receives any notification or notice under section 7 or 8 of the Coroners Act (Northern Ireland) 1959 [1959 c.15] in respect of the death of any person or a coroner has been informed of the death of any person and there is reasonable ground to believe that the person has died as the result of an industrial disease of the lungs, paragraph (5) shall have effect as if the words “before the expiration of a period of five days from the date of a death” were omitted.

(8) Where the Registrar General is satisfied, after such inquiry as he thinks necessary, that the correct particulars concerning a death are available, he may authorise the registration of the death even if the information is not given by a qualified informant.

F1 Words in art. 21(1) substituted (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 9(2), 34; S.R. 2011/323, art. 2(d)

F2 Words in art. 21(2) substituted (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 9(3), 34; S.R. 2011/323, art. 2(d)

F3 Words in art. 21(3) substituted (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 9(3), 34; S.R. 2011/323, art. 2(d)

F4 Words in art. 21(5) substituted (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 9(4)(a), 34; S.R. 2011/323, art. 2(d)

F5 Words in art. 21(5) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 9(4)(b), 34; S.R. 2012/406, art. 2, Sch.

F6 Words in art. 21(6) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 9(5), 34; S.R. 2012/406, art. 2, Sch.

Preliminary notice of death N.I.

22.  Where a qualified informant in relation to a death sends to the registrar a written notice of the occurrence of the death or of the finding of the body [F7 , accompanied by such medical certificate of the cause of the death as is required by Article 25 to be delivered to a registrar,] the particulars required by Article 21 to be registered concerning the death need not be given within the period mentioned in Article 21(5), but that Article shall have effect as if for the reference to five days there were substituted a reference to fourteen days.

F7 Words in art. 22 omitted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 28(a) (with ss. 88-90, Sch. 13 para. 30); S.I. 2020/361, reg. 2(a)

Issue of notice for information concerning deaths N.I.

23.—(1) Subject to the provisions of Article 24, where, after the expiration of the relevant period from the date of the death of any person, the death of that person has not been registered because of the failure of a qualified informant to give the necessary information concerning it, the registrar for the registration district in which the death occurred may serve a notice in writing upon any qualified informant requiring him—

F8 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) to give [F9 in the prescribed manner within such time as may be specified in the notice] information to the best of the informant's knowledge and belief of the particulars required to be registered concerning the death;

F10 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and the informant shall unless the death is duly registered before the expiration of the time specified in the notice comply with the notice.

(2) In this Article “the relevant period” means—

(a) where a notice under Article 22 has been duly given to the registrar, fourteen days;

(b) in any other case, five days.

F8 Art. 23(1)(a) repealed (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 10(3)(a), 34, Sch. 2; S.R. 2012/406, art. 2, Sch.

F9 Words in art. 23(1)(b) inserted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 10(2), 34; S.R. 2012/406, art. 2, Sch.

F10 Art. 23(1)(c) repealed (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 10(3)(b), 34, Sch. 2; S.R. 2012/406, art. 2, Sch.

Registration after one year from death N.I.

24.—(1) A registrar shall not register the death of a person after the expiration of one year from the date of the death otherwise than with the written authority of the Registrar General.

(2) Where the Registrar General gives an authority under paragraph (1), that authority shall be noted in the entry relating to the death in question.

(3) Paragraphs (1) and (2) shall not apply to registration of a death following an inquest.

Certificates of cause of death N.I.

25.—(1) The Registrar General shall furnish to every registrar forms of certificates of the cause of death for use by registered medical practitioners, and every registrar shall furnish the forms free to any registered medical practitioner residing or practising in his district.

(2) Where any person dies as a result of any natural illness for which he has been treated by a registered medical practitioner within twenty-eight days prior to the date of his death, that practitioner shall sign and give forthwith to a qualified informant a certificate in the prescribed form stating to the best of his knowledge and belief the cause of death, together with such other particulars as may be prescribed.

(3) A registered medical practitioner shall not give an informant a certificate under paragraph (2) [F11 or give the registrar a copy of such a certificate ] if—

(a) he or any other person has referred the death of the deceased person to the coroner under section 7 or 8 of the Coroners Act (Northern Ireland) 1959 [1959 c.15] or he intends so to refer the death; or

(b) he has reason to believe that the deceased person has died as the result of an industrial disease of the lungs.

(4) [F12 An informant shall, within five days from the date on which he receives it, deliver to the registrar a certificate given to him under paragraph (2), and] [F12 Where a registered medical practitioner gives to the registrar a copy of the certificate which the practitioner has signed under Article 25(2) together with such other particulars as are required under Article 25(2) to be given by the practitioner,] the registrar shall enter in the register the cause of death as stated in the certificate.

F11 Words in art. 25(3) inserted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 28(b) (with ss. 88-90, Sch. 13 para. 30); S.I. 2020/361, reg. 2(a)

F12 Words in art. 25(4) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 28(c) (with ss. 88-90, Sch. 13 para. 30); S.I. 2020/361, reg. 2(a)

Modifications etc. (not altering text)

C1 Art. 25(2) restricted (temp.) (26.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 27 (with ss. 88-90, Sch. 13 para. 30); S.I. 2020/361, reg. 2(a)

Informant's position following an inquest N.I.

26.  In relation to a death where an inquest is held no person shall—

F13 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) be under any duty to give any information in pursuance of this Part.

F13 Art. 26(a) repealed (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 10(4), 34, Sch. 2; S.R. 2012/406, art. 2, Sch.

Informant's duty where coroner issues statement or certificate N.I.

27.  Where a registrar receives—

(a) a statement under section 24 of the Coroners Act (Northern Ireland) 1959 from a coroner on the result of his investigation of any death; or

(b) a certificate under section 28 of the said Act of 1959 from a coroner stating the cause of death of any person as disclosed by a post-mortem examination;

the registrar shall register the death in pursuance of information given to him by a qualified informant and not in pursuance of the statement or certificate, but he shall enter in the register the cause of death as given in the statement or certificate.

Entry of cause of death as set out in coroner's statement or certificate N.I.

28.  Where a death has been registered in pursuance of information given by an informant and subsequently there is received from a coroner, in respect of the same death,—

(a) a statement under section 24 of the Coroners Act (Northern Ireland) 1959; or

(b) a certificate under section 28 of the said Act of 1959;

the cause of death as given in the statement or certificate shall be recorded in such form and manner as the Registrar General may direct.

Certificate of registration of death N.I.

29.—(1) Upon registering a death a registrar shall, unless the coroner has issued an authorisation to bury or cremate the body, forthwith give free of charge to the person giving information concerning the death [F14 or the person who effects the disposal of, or performs any funeral service for, the body of the deceased person] a certificate in the prescribed form [F15 under his hand] that he has registered the death.

(2) Upon receiving written notice of the occurrence of a death in respect of which he has received a certificate under Article 25 a registrar may, before registering the death, give to [F16 the person sending the notice, if required to do so,] [F16 the person who effects the disposal of, or performs any funeral service for, the body of the deceased person] a certificate in the prescribed form [F17 under his hand] that he has received notice of the death.

(3) Where a person receives—

(a) a certificate of the registrar under paragraph (1) or (2); or

(b) an authorisation of the coroner under section 9 of the Coroners Act (Northern Ireland) 1959 [1959 c.15] ;

he shall send it to the person who effects the disposal of, or performs any funeral service for, the body of the deceased person.

F14 Words in art. 29(1) inserted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 29(a)(i) (with ss. 88-90, Sch. 13 para. 30); S.I. 2020/361, reg. 2(a)

F15 Words in art. 29(1) omitted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 29(a)(ii) (with ss. 88-90, Sch. 13 para. 30); S.I. 2020/361, reg. 2(a)

F16 Words in art. 29(2) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 29(b)(i) (with ss. 88-90, Sch. 13 para. 30); S.I. 2020/361, reg. 2(a)

F17 Words in art. 29(2) omitted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 29(b)(ii) (with ss. 88-90, Sch. 13 para. 30); S.I. 2020/361, reg. 2(a)

Information about burials N.I.

30.—(1) Where a person who has control over or ordinarily effects the disposal of bodies at any burial ground or other place permits the disposal of the body of any person in that ground or place, he shall, unless he receives in respect of the body a certificate under Article 29 or an authorisation of the coroner, give notice of the disposal in the prescribed form to the registrar of the district in which the death occurred or in which the body was found, within seven days from the date of the disposal.

(2) The Registrar General shall provide forms for the purposes of paragraph (1).

(3) Any person who fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F18 level 1 on the standard scale] in respect of each disposal of which he fails to give notice.

F18 1984 NI 3

Re-registration of deaths N.I.

31.—(1) Where the Registrar General is of the opinion that it is desirable that any death entered in a register should be re-registered on the ground that there is or has been an error in the entry of the death, he may in writing authorise the re-registration of the death.

(2) Any registration under paragraph (1) shall be effected in the prescribed manner.

(3) This Article shall have effect in relation to entries in registers maintained under any statutory provision repealed by the Births and Deaths Registration Act (Northern Ireland) 1967 [1967 c.25] or this Order as well as to entries in registers maintained under this Order.