Births and Deaths Registration Act 1953

MiscellaneousE+W

[F138AFeesE+W

(1)The Minister may by regulations provide for fees to be payable to such persons as may be prescribed in respect of—

(a)the issue of a certificate under section 13(2);

(b)the carrying out of a search of—

(i)any register of births or register of deaths,

(ii)any index kept in relation to such a register, or

(iii)certified copies of entries in such a register;

(c)the provision of a certified copy, or other record of information, relating to an entry in a register of births or a register of deaths;

(d)the provision of a short certificate of birth or a short certificate of death (see sections 33 and 33A);

(e)such other birth or death registration services as may be prescribed.

(2)Regulations under this section may—

(a)specify the amount of any fee payable under the regulations, or

(b)set out how such a fee is to be determined.

(3)Subsection (4) applies where the regulations provide for a fee to be payable to a superintendent registrar or registrar.

(4)The regulations may provide for such part of the fee as may be specified by or determined in accordance with the regulations to be payable by the superintendent registrar or registrar to the Registrar General in prescribed circumstances.

(5)The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.

(6)In this section—

  • “birth or death registration services” means services in connection with the registration of births or deaths which are provided—

    (a)

    by or on behalf of the Registrar General, a superintendent registrar or registrar, or

    (b)

    by any other person;

  • “prescribed” means prescribed in regulations made under this section.]

Textual Amendments

39 Regulations [F2and approval of electronic forms etc.]E+W

[F3(1)] The Registrar General may, with the approval of the Minister, by statutory instrument make regulations—

(a)prescribing anything which by this Act is required to be prescribed;

(b)providing that any provision of this Act specified in the regulations, being a provision relating to the registration or entry of births, shall cease to apply in relation to still–births or, in the case of a provision expressed by this Act not to apply in relation to still–births, shall apply in relation to still–births with such modifications, if any, as may be prescribed:

Provided that paragraph (b) of this section shall not apply in relation to section nine or eleven of this Act.

[F4(2)The Registrar General may approve forms of electronic communication or electronic storage (including an electronic signature) for the purposes of a provision of this Act.]

Textual Amendments

Modifications etc. (not altering text)

C1S. 39: functions of the Secretary of State transferred (1.4.1996) by S.I. 1996/273, art. 3(1), Sch. 1 para. 8(b)

[F539ARegulations made by the Minister: further provisionsE+W

(1)Regulations made by the Minister under the relevant provisions may—

(a)make different provision for different cases or areas,

(b)provide for exemptions from any of the provisions of the regulations, and

(c)contain such [F6consequential,] incidental, supplemental and transitional provision as the Minister considers appropriate.

(2)Before making regulations under the relevant provisions [F7other than section 38A] the Minister must consult the Registrar General.

(3)Any power of the Minister to make regulations under the relevant provisions is exercisable by statutory instrument.

(4)A statutory instrument containing regulations made by the Minister under the relevant provisions is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)In this section “the relevant provisions” means sections 2B(1), (4) and (6), 2C, 2D, 2E, 10B [F8, 10C [F9, 34A and 38A]].]

Textual Amendments

F6Word in s. 39A(1)(c) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 30(a); S.I. 2016/603, reg. 3(w)

F8Words in s. 39A(5) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 98(4), 115(3)(k)

F9Words in s. 39A(5) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 30(c); S.I. 2016/603, reg. 3(w)

40 [F10Sending and providing notices, information or other documents] E+W

[F11Where any notice], information, declaration, certificate, requisition, return or other document [F12is required to be given, sent, delivered, produced, supplied, transmitted or otherwise provided for any purpose of this Act, the requirement may be met by—

(a)sending the document by post, or

(b)providing the document, or a copy of it, in an approved electronic form.]

Textual Amendments

[F1340AOriginal documents may be in an approved electronic formE+W

If a declaration made or certificate issued in the prescribed form for the purposes of this Act is made or issued in electronic form, it must be made or issued in an approved electronic form.]

Textual Amendments

41 Interpretation.E+W

[F14(1)]In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

  • [F15“the 2009 Act” means the Coroners and Justice Act 2009;]

  • [F16“approved electronic form” means any form of electronic communication or electronic storage (including an electronic signature) approved by the Registrar General pursuant to the powers conferred under section 39(2) of this Act;]

  • [F15“attending practitioner's certificate” has the meaning given by section 20(1)(a) of the 2009 Act;]

  • “birth” includes a live–birth and a still–birth;

  • [F15“confirmed attending practitioner's certificate” means an attending practitioner's certificate in respect of which the cause of death has been confirmed by a medical examiner in accordance with regulations under section 20(1)(f)(i) of the 2009 Act;]

  • “disposal”, in relation to a dead body, means disposal by burial, cremation or any other means, and cognate expressions shall be construed accordingly;

  • [F17“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;]

  • [F17“electronic signature” has the meaning given in section 7(2) of the Electronic Communications Act 2000;]

  • [F18“father”, in relation to an adopted child, means the child’s natural father;]

  • “general search” means a search conducted during any number of successive hours not exceeding six, without the object of the search being specified;

  • “house” includes a public institution;

  • “live–birth” means the birth of a child born alive;

  • [F15“medical examiner” means a person appointed under section 19 of the 2009 Act;]

  • [F15“medical examiner's certificate” has the meaning given by section 20(1)(h) of the 2009 Act;]

  • “the Minister” means [F19the Secretary of State];

  • [F18“mother”, in relation to an adopted child, means the child’s natural mother;]

  • “occupier” in relation to a public institution, includes the governor, keeper, master, matron, superintendent, or other chief resident officer, and, in relation to a house let in separate apartments or lodgings, includes any person residing in the house who is the person under whom the lodgings or separate apartments are immediately held, or his agent;

  • “particular search” means a search of the indexes covering a period not exceeding five years for a specified entry;

  • [F15“partner” (except in the expression “civil partner”) is to be read in accordance with subsection (2) of this section;]

  • “public institution” means a prison, lock–up or hospital, and such other public or charitable institution as may be prescribed;

  • “prescribed” means prescribed by regulations made under section thirty–nine of this Act;

  • “qualified informant”, in relation to any birth or death, means a person who is by this Act or, in the case of a birth or death occurring before the commencement of this Act, by any enactment repealed by this Act required, or stated to be qualified, to give information concerning that birth or death;

  • “registrar” in relation to any birth or death, means the registrar of births and deaths for the sub–district in which the birth or death takes place, or where any [F20still–born child] is found exposed or any dead body is found and no information as to the place of birth or death is available, for the sub–district in which the child or the dead body is found;

  • “relative” includes a relative by marriage [F21or civil partnership] F22. . .

  • “still–born child” means a child which has issued forth from its mother after the [F23twenty -fourth week] of pregnancy and which did not at any time after being completely expelled from its mother breathe or show any other signs of life, and the expression “still–birth” shall be construed accordingly;

  • “superintendent registrar” in relation to any registrar, means the superintendent registrar of births, deaths and marriages for the district in which that registrar’s sub–district is situate.

[F24(2)A person is the partner of a deceased person if the two of them (whether of different sexes or the same sex) were living as partners in an enduring relationship at the time of the deceased person's death.

(3)A reference in this Act to an investigation under Part 1 of the 2009 Act being conducted includes a reference to the case where such an investigation has begun and—

(a)has not yet finished,

(b)is suspended under Schedule 1 to that Act (whether temporarily or otherwise), or

(c)is discontinued under section 4 of that Act.]

Textual Amendments

F15Words in s. 41 inserted (25.7.2013 for specified purposes) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 21(1) (with s. 180); S.I. 2013/1869, art. 2(o)(ix)

F23Words in s. 41 substituted (1.10.1992) by Still-Birth (Definition) Act 1992 (c. 29), ss. 1(1), 4(2).

F24S. 41(2)(3) inserted (25.7.2013 for specified purposes) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 21(2) (with s. 180); S.I. 2013/1869, art. 2(o)(x)

42 Savings, etc.E+W

(1)Any registration effected, certificate issued, notice or information given, order, regulations or return made or other thing done under any enactment repealed by this Act shall, if in force at the commencement of this Act, continue in force, and have effect as if effected, issued, given, made or done under the corresponding provision of this Act.

F25(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any document referring to an enactment repealed by this Act shall unless the contrary intention appears to be construed as referring to the corresponding provision of this Act.

(5)Nothing in this Act shall affect any provision of the M1Population (Statistics) Act 1938, requiring particulars to be furnished for the purposes of that Act.

(6)Nothing in this Act shall affect the registration of baptisms or burials, or the right of any officiating minister to receive any fees now usually paid for the performance or registration of any baptism or burial.

(7)Nothing in the foregoing provisions of this section shall be taken as prejudicing the operation of [F26sections 16(1) and 17(2)(a) of the M2Interpretation Act 1978] (which [F26relate] to the effect of repeals).

Textual Amendments

F25S. 42(2)(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1, Pt. VIII

F26Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

43 Repeals and consequential amendments. E+W

(1)The enactments specified in the First Schedule to this Act shall have effect subject to the amendments respectively specified in that Schedule.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Textual Amendments

Modifications etc. (not altering text)

C3The text of s. 43(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

44 Short title, extent and commencement.E+W

(1)This Act may be cited as the Births and Deaths Registration Act 1953.

(2)This Act shall not extend to Scotland or to Northern Ireland.

(3)ThisAct shall come into force on the thirtieth day of September, nineteen hundred and fifty–three.