Coronavirus Act 2020

PART 1 England and Wales

Interpretation

1 (1) In this Part of this Schedule—

• “the 1926 Act” means the Births and Deaths Registration Act 1926;

• “the 1953 Act” means the Births and Deaths Registration Act 1953;

• “the principal 1987 Regulations” means the Registration of Births and Deaths Regulations 1987 (S.I. 1987/2088);

• “the 2019 Regulations” means the Notification of Deaths Regulations 2019 (S.I. 2019/1112).

(2) Expressions used in this Part of this Schedule and in the 1953 Act have the same meaning as in that Act.

Information concerning deaths: England and Wales

2 (1) A funeral director is qualified for the purposes of section 16 or 17 of the 1953 Act to give information concerning the death of a person if the funeral director—

(a) is responsible for the arrangement of the deceased’s funeral, and

(b) is authorised by a relative of the deceased to give information concerning the death.

(2) Section 36 of the 1953 Act (penalties for failure to give information) does not apply to a funeral director who provides information in reliance on sub-paragraph (1).

Giving information other than in person and dispensing with signing the register

3 (1) A qualified informant who is required under the 1953 Act to give information about a death or still-birth to the registrar may give the information to the registrar—

(a) by telephone, or

(b) by any other methods specified in guidance issued by the Registrar General,

if the informant is unable to attend before the registrar in person.

(2) The duty of a qualified informant to sign the register in the presence of the registrar does not apply where information is provided in reliance on sub-paragraph (1).

(3) An entry in a register of deaths or a register of still-births for which, by virtue of sub-paragraph (2), no signature is required is to be treated as an entry signed by a qualified informant for the purposes of the 1953 Act.

(4) A person is to be treated as unable to give information for the purposes of sub-paragraph (1) if it would be impractical for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the registrar’s office or any other reason).

Medical certificates of cause of death

4 (1) Sub-paragraphs (2) to (5) have effect for any period before the coming into force of the section 22 of the 1953 Act that is substituted by paragraph 14 of Schedule 21 to the Coroners and Justice Act 2009.

(2) A registered medical practitioner (“X”) who is not the practitioner who attended the deceased person (“D”) during D’s last illness may sign a certificate under section 22(1) of the 1953 Act (certificates of cause of death) if—

(a) the practitioner who attended D is unable to sign the certificate or it is impractical for that practitioner to sign the certificate, and

(b) X is able to state to the best of X’s knowledge and belief the cause of death.

(3) A registered medical practitioner (“P”) may sign a certificate under section 22(1) of the 1953 Act, even in the case of a person who has not been attended during that person’s last illness by a registered medical practitioner, if P is able to state to the best of P’s knowledge and belief the cause of death.

(4) Where a registered medical practitioner proposes to sign a certificate under section 22(1) of the 1953 Act in reliance on sub-paragraph (2) or (3)—

(a) Forms 14 and 15 in Schedule 2 to the principal 1987 Regulations have effect as if in each case—

(i) the line beginning with “Last seen” were omitted, and

(ii) the words “I was in medical attendance during the above named deceased’s last illness, and that” were omitted;

(b) Forms 11 and 12 in Schedule 2 to the Registration of Births and Deaths (Welsh Language) Regulations 1987 (S.I. 1987/2089) were subject to modifications corresponding to those mentioned in paragraph (a).

(5) Where a registered medical practitioner signs a certificate under section 22(1) of the 1953 Act in reliance on sub-paragraph (2) or (3)—

(a) the practitioner is subject to the other duties applicable to a person who has signed such a certificate, and

(b) in a sub-paragraph (2) case, the practitioner who attended the deceased is not subject to any duties in relation to such a certificate.

(6) Where a registered medical practitioner signs a certificate under section 22(1) of the 1953 Act in reliance on sub-paragraph (3), regulation 41 of the principal 1987 Regulations (reference to coroner) has effect as if paragraph (1)(a) were omitted.

(7) In section 20 of the Coroners and Justice Act 2009 (medical certificate of cause of death), subsection (4) has effect as if the words “during a period of emergency” were omitted.

Delivery of documents by alternative methods

5 (1) Any relevant document may be delivered by any electronic or other means specified in guidance issued by the Registrar General.

(2) “Relevant document” means—

(a) a document relating to a death or still-birth that is required or permitted by or under the 1953 Act, or

(b) a certificate for the purposes of section 1 of the 1926 Act (prohibition on disposal of body except on registrar’s certificate) or a notification of disposal for the purposes of section 3 of that Act.

Further modifications of the principal 1987 Regulations

6 (1) The principal 1987 Regulations have effect with the following modifications.

(2) Regulation 34(1) (registration of still-birth where no reference to the coroner) has effect as if—

(a) in sub-paragraph (c) “personally” were omitted, and

(b) in the words after sub-paragraph (c) “in the presence of the informant” were omitted.

(3) Regulation 41(1)(b)(ii) (reference to coroner) has effect as if—

(a) for “the certifying medical practitioner” there were substituted “a medical practitioner”, and

(b) for “14 days” there were substituted “28 days”.

(4) Regulation 42(1) (registration of death within 12 months where no report to coroner) has effect as if—

(a) in sub-paragraph (c) “personally” were omitted, and

(b) in the words after sub-paragraph (c) “in the presence of the informant” were omitted.

(5) Regulation 43(1) (registration of death where no inquest held) has effect as if “in the presence of a qualified informant” were omitted.

(6) Regulation 47(3) (registration of death after 12 months) has effect as if—

(a) the words “shall arrange for that informant to attend at his office and” were omitted, and

(b) “in his presence” were omitted.

Notification of death to coroner

7 (1) A registered medical practitioner is not required to notify the relevant senior coroner of a person’s death in the circumstances described in regulation 3(1)(e) or (f) of the 2019 Regulations unless the practitioner also reasonably believes that—

(a) there is no registered medical practitioner who may sign a certificate under section 22(1) of the 1953 Act in reliance on paragraph 4(2) or (3), or

(b) there is such a registered medical practitioner, but the practitioner is not available within a reasonable time of the person’s death to sign the certificate.

(2) Expressions used in this paragraph and the 2019 Regulations have the same meaning as in the Regulations.

Transitional provision

8 Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.

9 (1) This paragraph applies where, during any period for which paragraph 5 has effect, a person delivers a relevant document in reliance on that paragraph.

(2) The person must give, deliver or send the document in accordance with the applicable legislation as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.

(3) The Registrar General may give a direction—

(a) setting a later deadline than the one specified in sub-paragraph (2), or

(b) dispensing with the duty under sub-paragraph (2).

(4) A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.

(5) A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.

(6) A registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—

(a) setting a later deadline than the one specified in sub-paragraph (2), or

(b) dispensing with the duty under sub-paragraph (2).

(7) In this paragraph—

• “applicable legislation” means—

  (a)

  in the case of a document within paragraph 5(2)(a), the 1953 Act, and

  (b)

  in the case of a document within paragraph 5(2)(b), the 1926 Act;

• “relevant document” has the same meaning as in paragraph 5.