The Registration (Entries of Overseas Births and Deaths) Order 1982

Statutory Instruments

1982 No. 1526

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC

ABROAD

The Registration (Entries of Overseas Births and Deaths) Order 1982

Made

27th October 1982

Laid before Parliament

4th November 1982

Coming into Operation

1st January 1983

At the Court of Saint James, the 27th day of October 1982

Present,

The Counsellors of State in Council

Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 30th day of September 1982, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and Her Royal Highness The Princess Margaret, Countess of Snowdon, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by section 41(4) of the British Nationality Act 1981 and all other powers enabling Her Majesty, and by and with the advice of Her Majesty's Privy Council, do on Her Majesty's behalf order, and it is hereby ordered, as follows:—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Registration (Entries of Overseas Births and Deaths) Order 1982 and shall come into operation on 1st January 1983.

(2) In this Order “the Act” means the Births and Deaths Registration Act 1953.

(3) Any reference in this Order to a numbered Schedule or a numbered part thereof shall be construed as a reference to the Schedule or the part thereof bearing that number in this Order.

Application of provisions of the Act

2.—(1) The provisions of the Act specified in the first column of Part I of Schedule 1 (which relate to the matters specified in the second column thereof) shall, subject to the modifications specified in the third column thereof, apply to certified copies and further certified copies of entries of births required to be sent to the Registrar General by virtue of any of the statutory rules and orders and statutory instruments referred to in Part I of Schedule 2 and any of the instructions referred to in Part II of Schedule 2.

(2) The provisions of the Act specified in the first column of Part II of Schedule 1 shall, subject to the modification specified in the third column thereof, apply to certified copies and further certified copies of entries of deaths required to be sent to the Registrar General by virtue of any of the statutory rules and orders and statutory instruments referred to in Part I of Schedule 2 and any of the instructions referred to in Part III of Schedule 2.

(3) The provisions of the Act specified in the first column of Part III of Schedule 1 shall, subject to the modifications specified in the third column thereof, apply to certified copies of entries of births or deaths required by any of the statutory rules and orders, statutory instruments and instructions referred to in Schedule 2 to be issued or provided other than to or by the Registrar General.

Application of section 4(2) of the Registration Service Act 1953

3.  Section 4(2) of the Registration Service Act 1953 (sums received by or on behalf of the Registrar General) shall apply to sums received by or on behalf of him in respect of copies of entries referred to in article 2(1) or (2) of this Order.

Application of legislation relating to Scotland and Northern Ireland

4.—(1) Where under the provisions of regulation 7(3) or 10(3) of the Registration of Overseas Births and Deaths Regulations 1982 a certified copy of an entry in a register is transmitted by the Registrar General for England and Wales to the Registrar General for Scotland, the provisions of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall apply to that certified copy as if the certified copy were a register transmitted to the Registrar General for Scotland under that Act.

(2) Where under the provisions of regulation 7(3) or 10(3) of the Registration of Overseas Births and Deaths Regulations 1982 a certified copy of an entry in a register is transmitted by the Registrar General for England and Wales to the Registrar General for Northern Ireland, the provisions of the Births and Deaths Registration (Northern Ireland) Order 1976 shall apply to that certified copy as if the certified copy were a register in the custody of the Registrar General for Northern Ireland under that Order.

Revocations

5.  The Registration (High Commissioners Entries) Order 1964 and the Registration Acts (Copies of Consular Entries) Application Order 1975 are hereby revoked.

N.E. Leigh

Clerk of the Privy Council

Article 2

SCHEDULE 1

PART I

Provision of the Act	Subject matter	Modification
Section 30(1)	Searches of indexes kept by Registrar General	The words from “under this Act” to “by this Act” are omitted.
Section 30(2)(1)
Section 33(1)(2)	Short certificate of birth	The words “a superintendent registrar or a registrar” are omitted.
Section 33(2)		The words “or from the registers in the custody of the superintendent registrar or registrar, as the case may be,” are omitted.
Section 34(5)	Entry in register as evidence of birth or death
Section 34(6)

PART II

Provision of the Act	Subject matter	Modification
Section 30(1)	Searches of indexes kept by Registrar General	The words from “under this Act” to “by this Act” are omitted.
Section 30(2)
Section 34(5)	Entry in register as evidence of birth or death
Section 34(6)

PART III

Provision of the Act	Subject matter	Modification
Section 34(5)	Entry in register as evidence of birth or death
Section 34(6)		The words from the beginning to “this section,”, from “purporting to be” to “seal” and from “and no certified copy” to the end are omitted.
Section 37(3)	Penalty for falsifying information, etc.	For the words “declaration or order” wherever they occur there are substituted the words “or certified copy”. The words “under this Act” and “for the purposes of this Act” are omitted.

Article 2

SCHEDULE 2

PART I

• The Registration of Births and Deaths (Consular Officers) Regulations 1930 (S.R. & O. 1930/740).

• The Registration of Births and Deaths (Consular Officers) Amendment Regulations 1932 (S.R. & O. 1932/586).

• The Registration of Births and Deaths (Consular Officers) Regulations 1943 (S.R. & O. 1943/765).

• The Registration of Births and Deaths (Consular Officers) Amendment Regulations 1944 (S.R. & O. 1944/633).

• The Registration of Births and Deaths (Consular Officers) Regulations 1948 (S.I. 1948/2837).

• The Registration of Births and Deaths (High Commissioners) Regulations 1964 (S.I. 1964/1967).

• The Registration of Births and Deaths (Consular Officers) Regulations 1974 (S.I. 1974/2136).

• The Registration of Overseas Births and Deaths Regulations 1982 (S.I. 1982/1123).

PART II

• Instructions issued by the Foreign Office to Her Majesty's Consuls on the 7th November 1849.

• Instructions issued by the Foreign Office in the form of handbooks for Consular Officers between the 7th November 1849 and the 1st November 1930.

• Memorandum of instructions issued on the 6th April 1950 by the Commonwealth Relations Office concerning the registration of births and deaths by United Kingdom High Commissioners' Offices at New Delhi, Bombay, Calcutta, Madras, Karachi, Lahore, Dacca and Peshawar.

• Memorandum of instructions issued by the Commonwealth Relations Office concerning the registration of births by the High Commissioner for the United Kingdom in Ceylon, commencing on the 1st January 1957.

• Memorandum of instructions issued by the Commonwealth Relations Office concerning the registration of births by the High Commissioner for the United Kingdom in Ghana, commencing on the 1st April 1959.

PART III

• Instructions issued by the Foreign Office to Her Majesty's Consuls on the 7th November 1849.

• Instructions issued by the Foreign Office in the form of handbooks for consular officers between the 7th November 1849 and the 1st November 1930.

• Memorandum of instructions issued on the 6th April 1950 by the Commonwealth Relations Office concerning the registration of births and deaths by United Kingdom High Commissioners' Offices at New Delhi, Bombay, Calcutta, Madras, Karachi, Lahore, Dacca and Peshawar.

• Memorandum of instructions issued by the Commonwealth Relations Office concerning the registration of deaths by the High Commissioner for the United Kingdom in Ghana, commencing on the 1st October 1960.

EXPLANATORY NOTE

This Order applies provisions of enactments relating to the registration of births and deaths in the United Kingdom to certified copies of birth and death entries sent for deposit with the Registrars General in the United Kingdom. This Order revokes two previous Orders.

(1)

In section 30(2), paragraphs (a) and (b) were repealed by S.I. 1968/1242and paragraph (c) was amended by S.I. 1982/222.

(2)

Section 33(1) was amended by S.I. 1982/222.

(3)

Section 37 was amended by virtue of section 31(5), (6) and (9) of the Criminal Law Act 1977 (c.45) and by Part I of the Schedule to the Forgery and Counterfeiting Act 1981 (c.45).