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The Registration of Births and Deaths Regulations 1987

Status:

This is the original version (as it was originally made).

PART IPRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Registration of Births and Deaths Regulations 1987 and shall come into force on 1st January 1988.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the Act” means the Births and Deaths Registration Act 1953(1);

“approved form” means a form approved by the Registrar General for the purpose for which it is used;

“certificate of cause of death” means a certificate required to be signed by a medical practitioner pursuant to section 22(1) of the Act;

“coroner” includes a deputy coroner and an assistant deputy coroner;

“description”, in relation to a coroner, means his official designation and the area of his jurisdiction;

“entry” means a record of the particulars relating to a live-birth, still-birth or death completed by the registrar in the appropriate spaces in form 1, 9 or 13;

“inquest” includes an inquest which has been adjourned under section 20(1) of the Coroners (Amendment) Act 1926(2) (whether or not the inquest is subsequently resumed);

“maiden surname”, in relation to a woman who has married, means the surname under which she contracted her marriage or, if married more than once, her first marriage;

“name”, in relation to a person, excludes surname;

“name, surname and qualification”, in relation to a registered medical practitioner who has issued a certificate of cause of death, means his name and surname as stated on the certificate and his registered professional qualification;

“relevant registrar” and “relevant superintendent registrar”, in relation to the registration of a birth or death, mean (subject to paragraph (3)(b) below) the registrar of the sub-district, and the superintendent registrar of the district, in which the birth or death occurred.

(2) In these Regulations, unless the context otherwise requires–

(a)any reference to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that Regulation bearing that number;

(b)any reference to a numbered form is to the form bearing that number in Schedule 2 to these Regulations and any reference to a numbered space in a form is to the space bearing that number in that form.

(3) Where a still-born child is found exposed or a dead body is found, any reference in these Regulations to–

(a)the date of the still-birth or of the death of the deceased person, is to be construed as a reference to the date on which the still-born child or the deceased was found;

(b)the place where the still-birth or death occurred is, if the place is unknown, to be construed as a reference to the place where the still-born child or the deceased was found.

PART IIGENERAL PROVISIONS AS TO REGISTRATION

Preparation of draft particulars

3.—(1) Before commencing registration of a birth or death in the presence of a qualified informant the registrar shall, except where paragraph (2) applies, prepare a draft on an approved form of the particulars to be entered in the register.

(2) Before a qualified informant makes a declaration under Regulation 11, 12 or 13 or a statement under Regulation 17(3)(a) the officer before whom the declaration or statement is to be made shall prepare a draft on an approved form of the particulars to be entered in the register.

(3) Having prepared a draft of the particulars in accordance with paragraph (1) or (2) the officer shall show or read to the informant those particulars as entered on the form and shall correct any error or omission.

Absence of particulars

4.  Where during the registration of a birth or death it appears to the registrar that he cannot enter the particulars required in any space on the appropriate form, other than space 17 on form 1, he shall, subject to any other provision of these Regulations, draw a line in ink though that space before the informant is called upon to certify the entry.

Signature by mark or in foreign characters

5.  Where–

(a)under any provision of these Regulations a person is required to sign a register, declaration or statement in the presence of a superintendent registrar or a registrar;

(b)that person makes a mark or signs in characters other than those used in the English or Welsh language,

the superintendent registrar or registrar concerned shall write against the mark or signature the words “The mark [or signature] of ... ... ... ...”, inserting the name and surname of the person.

Registration in more than one place

6.—(1) A registrar shall not register a birth or death which has already been registered except–

(a)in accordance with Regulation 36, 45 or 47(4); or

(b)where the Registrar General gives his authority.

(2) Where it appears to a registrar that a birth or death has nevertheless been registered more than once–

(a)if there is no material difference in the particulars recorded, he shall write in the margin of every entry but the original the words “Inadvertently re-registered. For correct entry see No ... ... ... ...Register No ... ... ... ...”, inserting the number of the original entry and the number of the register in which it is recorded;

(b)if there is any material difference, he shall report the matter to the Registrar General and shall make such note in the margins of all or any of the entries as the Registrar General may authorise.

(3) Where a birth or death is re-registered on the authority of the Registrar General, the registrar making the new entry and the registrar or superintendent registrar having custody of the register in which the original entry was made shall make such notes, if any, in the margin of the respective entries as the Registrar General may authorise.

PART IIIREGISTRATION OF LIVE-BIRTHS

Particulars to be registered and form of register

7.—(1) The particulars concerning a live-birth required to be registered pursuant to section 1(1) of the Act(3) shall, subject to the provisions of these Regulations, be those required in spaces 1 to 13 in form 1 and that form shall be the prescribed form for registration of live-births for the purpose of section 5 of the Act (which provides for registration of births free of charge).

(2) Except as otherwise provided in these Regulations the particulars to be recorded in respect of the parents of a child shall be those appropriate as at the date of its birth.

Declaration by mother for registration of birth

8.  Form 2 shall be the prescribed form of the declaration to be made by the mother pursuant to section 10(b)(i) of the Act(4) (entry of father’s name in register at request of mother on declaration by her and statutory declaration of father).

Entry of particulars on registration within three months from date of birth

9.—(1) Where the relevant registrar receives from any qualified informant before the expiration of three months from the date of the birth of a child information of the particulars required by Regulation 7(1) he shall forthwith register the birth and the particulars, if not previously registered, in the presence of the informant on form 1, entering the particulars required in spaces 1 to 13 in accordance, where applicable, with the following provisions of this Regulation.

(2) With respect to space 1 (date and place of birth), if more than one living child is born at the confinement the registrar shall after the date of birth enter the time of birth.

(3) With respect to space 2 (name and surname)–

(a)if a name is not given, the registrar shall enter only the surname, preceded by a horizontal line;

(b)the surname to be entered shall be the surname by which at the date of the registration of the birth it is intended that the child shall be known.

(4) With respect to space 4 (father’s name and surname)–

(a)if, other than in a case to which sub-paragraph (b) applies, the father acquired after the child’s birth a name or surname different from that borne by him at the date of the birth, the registrar shall (subject to section 10 of the Act(5)) enter in space 4 the name and surname as at the date of the birth, followed by the name and surname as at the date of registration preceded by the word “now” or, if the father is deceased, the name and surname at his death preceded by the word “afterwards”;

(b)in the case of a request made by the mother under section 10(c) of the Act, the registrar shall enter in space 4 the name and surname of the putative father as recorded in the certified copy of the order made under section 4 of the Affiliation Proceedings Act 1957(6) which was produced to him by the mother.

(5) With respect to spaces 5 and 6 (father’s place of birth and occupation)–

(a)in a case to which section 10 of the Act applies, the registrar shall not complete spaces 5 and 6 unless the name and surname of the father of the child have been entered in space 4 pursuant to that section;

(b)if the father was deceased at the date of the birth the registrar shall enter below the particulars in space 6 the word “deceased”;

(c)if the father has changed his occupation since the birth of the child, the registrar shall in space 6 after the occupation as at the date of the birth enter the occupation as at the date of registration preceded by the word “now”.

(6) With respect to space 7 (mother’s name and surname)–

(a)if after the birth of the child the mother acquired a name or surname different from that borne by her at the date of the birth, the registrar shall enter the name and surname as at the date of the birth, followed by the name and surname as at the date of registration preceded by the word “now” or, if the mother is deceased, the name and surname as at her death preceded by the word “afterwards”;

(b)if the mother was in gainful employment (including self-employment) before the birth and at the time of the registration of the birth particulars of that employment are given by the informant the registrar shall enter those particulars immediately below her name and surname.

(7) With respect to space 9(b) (mother’s surname at marriage if married more than once) the surname to be entered shall be that in which the mother contracted her most recent marriage except that if that surname is the same as that entered in space 9(a) (maiden surname) a line shall be drawn through space 9(b).

(8) With respect to space 13 (informant’s usual address)–

(a)the address required shall be the address as at the date of registration of the birth;

(b)if in pursuance of section 10(a) of the Act an entry has been made in respect of the father of the child, the registrar shall enter the father’s address followed by the mother’s address if different;

(c)except as provided by sub-paragraph (b), the registrar shall not enter the address of the informant if that address is the same as the mother’s usual address.

(9) After completing spaces 1 to 13 of the entry the registrar shall call upon the informant to verify the particulars entered.

(10) If any error has been made in those particulars, the registrar shall, in the presence of the informant, make the necessary correction as provided in regulation 54.

Completion of registration

10.—(1) When spaces 1 to 13 of form 1 have been completed and verified the registrar shall call upon the following persons to sign the entry in space 14 of the form–

(a)subject to sub-paragraph (b), the informant;

(b)where an entry has been made under section 10 of the Act–

(i)if made pursuant to paragraph (a) of that section, the person acknowledging himself to be the father, and then the mother,

(ii)if made pursuant to paragraph (b) of that section, the mother, in which case the registrar shall add after her signature the words “Statutory declaration made by ... ... ... ...on ... ... ... ...”, inserting the name and surname of the person acknowledging himself to be the father and the date on which the statutory declaration was made by him,

(iii)if made pursuant to paragraph (c) of that section, the mother, in which case the registrar shall add after her signature the words “Pursuant to section 10(c) of the Births and Deaths Registration Act 1953”.

(2) The registrar shall then enter in space 15 the date on which the entry is made and shall sign the entry in space 16, adding his official description.

Registration between three and twelve months from date of birth

11.—(1) Where a qualified informant attends before a superintendent registrar pursuant to section 6(1)(a) of the Act(7) for the purpose of the registration of a live-birth which occurred in his district more than three months but not more than twelve months previously, the superintendent registrar shall–

(a)enter in the declaration under section 6(1)(b) of the Act the particulars required to be registered concerning the birth, using an approved form for the purpose;

(b)show or read the declaration to the informant and correct any error or omission, requiring the informant to initial any amendment and then to sign the declaration;

(c)attest it himself; and

(d)deliver to the relevant registrar the declaration and the form (prepared in accordance with regulation 3) containing the draft entry.

(2) Where it appears to the registrar that the particulars contained in the draft entry or the declaration are in any material respect not proper to be registered–

(a)the superintendent registrar shall, in the presence of the informant, amend any error by striking out any incorrect particulars and inserting the correct particulars;

(b)the correction shall be initialled by the informant.

(3) On receiving the declaration the registrar shall, subject to paragraph (2), forthwith register the birth in the presence of the informant and of the superintendent registrar in accordance with section 6(2) of the Act.

Registration after twelve months from date of birth

12.—(1) Where a relevant registrar or a relevant superintendent registrar is informed that a live-birth which occurred more than twelve months previously has not been registered, he shall make a report to the Registrar General stating, to the best of his knowledge and belief–

(a)the particulars required to be registered concerning the birth;

(b)the source of his information; and

(c)the name, surname and address of any qualified informant available to give information for the registration.

(2) On being satisfied that the Registrar General has issued his written authority to the relevant registrar for the registration of the birth, the relevant superintendent registrar shall require a qualified informant to make and sign in his presence a declaration of the particulars to be registered concerning the birth.

(3) On registering the birth under this regulation the registrar shall enter in space 15 of the entry immediately below the date of registration the words “On the authority of the Registrar General”.

Declaration and registration under section 9 of the Act

13.—(1) The officer before whom a declaration for the purposes of section 9(1) of the Act (giving of information to a person other than the relevant registrar) may be made shall be–

(a)in a case where not more than three months have elapsed from the date of the birth, any registrar other than the relevant registrar;

(b)in any other case, any superintendent registrar other than the relevant superintendent registrar.

(2) The officer before whom the declaration is to be made shall–

(a)enter in the declaration the particulars required to be registered concerning the birth, using an approved form for the purpose;

(b)show or read the particulars entered on the form to the informant and correct any error or omission, requiring the informant to initial any amendment and then to sign the declaration;

(c)attest the declaration himself;

(d)send the declaration to the relevant registrar in accordance with section 9(2) of the Act.

(3) Where it appears to the relevant registrar that the particulars contained in the declaration are in any material respect not proper to be registered, he shall return the declaration to the officer before whom it was attested together with a note of the matters in which it appears to need amendment, and–

(a)that officer shall then in the presence of the declarant amend any error by striking out any incorrect particulars and inserting the correct particulars;

(b)any amendment so made shall be initialled by the declarant, and the declaration shall be returned to the relevant registrar.

(4) On receiving the declaration the registrar shall, subject to paragraph (3), enter the particulars of the birth in the register in the following manner–

(a)in spaces 1 to 13 of form 1, he shall enter the particulars as appearing in the corresponding spaces of the declaration, except that where any particulars have been corrected in pursuance of paragraph (3) he shall enter in the register only the particulars as corrected, omitting any incorrect particular which has been struck out and the initials of the declarant;

(b)in space 14 of form 1 (signature of informant)–

(i)he shall enter the name of the declarant in the form in which he signed the declaration and shall add the words “by declaration dated ... ... ... ...”, inserting the date on which the declaration was made and signed,

(ii)if, pursuant to section 9(4) of the Act(8), a request made under paragraph (b) or (c) of section 10 of the Act(9) was included in the declaration, he shall after the words required by head (i) make the same addition as, on completion of registration under Regulation 10, would be required under (as the case may be) head (ii) or (iii) of paragraph (1)(b) of that Regulation.

(5) If–

(a)not more than three months have elapsed from the date of the birth, the registrar shall enter in space 15 the date on which the entry is made and shall sign the entry in space 16 of form 1, adding his official description;

(b)more than three but not more than twelve months have elapsed from the date of the birth, the registrar shall make the entry in the presence of the relevant superintendent registrar and both officers shall sign the entry in space 16 of form 1 and shall add their official descriptions;

(c)more than twelve months have elapsed since the date of the birth–

(i)the registrar shall not make the entry until he has received the written authority of the Registrar General to register the birth,

(ii)on receiving the authority the registrar shall make the entry in the presence of the relevant superintendent registrar,

(iii)below the date of registration in space 15 the registrar shall enter the words “On the authority of the Registrar General”, and

(iv)the superintendent registrar and registrar shall sign the entry in space 16 of form 1 and shall add their official descriptions.

Alteration or giving of name after registration

14.—(1) The form of the certificate pursuant to section 13(1) of the Act, as to the alteration of or giving of a name to a child before the expiration of twelve months from the date of the registration of its birth, shall be–

(a)where the name was altered or given in baptism, form 3;

(b)where the name was altered or given otherwise than in baptism, form 4.

(2) Upon delivery to him of a certificate duly signed in accordance with section 13(1), the registrar or superintendent registrar having custody of the register in which the birth is entered shall (in pursuance of section 13(1)) enter in space 17 of the entry the name shown in the certificate, followed by the surname recorded in space 2 of the entry and–

(a)if the entry is made on production of a certificate in form 2 he shall add the words “by baptism on ... ... ... ...”, inserting the date on which the child was baptised;

(b)if the entry is made on production of a certificate in form 3, he shall add the words “on certificate of naming dated ... ... ... ...”, inserting the date on which the certificate was signed.

PART IVRE-REGISTRATION OF BIRTHS OF CHILDREN WHOSE PARENTS NOT MARRIED TO EACH OTHER

Officers before whom statements may be made

15.  The officer before whom a statement may be made for the purposes of section 9(5) of the Act(10) (request, other than to the relevant registrar, for re-registration of birth) shall be–

(a)where not more than three months have elapsed from the date of the birth, any registrar other than the relevant registrar;

(b)in any other case, any superintendent registrar.

Declaration by mother for re-registration of birth

16.  Form 2 shall be the prescribed form of the declaration to be made by the mother pursuant to section 10A(1)(b)(i)(11) of the Act (re-registration of birth to show person as father at request of mother on declaration by her and statutory declaration of father).

Re-registration of birth

17.—(1) The relevant registrar shall re-register a birth pursuant to section 10A of the Act in accordance with the following provisions of this Regulation.

(2) Where the parent attends before the registrar before the expiration of three months from the date of the birth to give information for the re-registration of the birth, the registrar shall–

(a)ascertain from the parent the particulars to be registered concerning the birth and enter them in spaces 1 to 13 on form 1 in the presence of the parent and in accordance with the authority of the Registrar General;

(b)call upon the parent to verify the particulars entered and to sign the entry in space 14 and after the signature–

(i)in a section 10A(1)(b) case, add the words “Statutory declaration made by ... ... ... ...on ... ... ... ...”, inserting the name and surname of the person acknowledging himself to be the father and the date on which the statutory declaration was made by him,

(ii)in a section 10A(1)(c) case, add the words “Pursuant to section 10A(1)(c) of the Births and Deaths Registration Act 1953”;

(c)enter in space 15 the date on which the entry is made and add the words “On the authority of the Registrar General”;

(d)sign the entry in space 16 and add his official description.

(3) Where the parent attends within three months from the date of the birth before any officer mentioned in paragraph (a) of Regulation 15, or thereafter before any officer mentioned in paragraph (b) of that Regulation, that officer shall–

(a)call upon the parent to make and sign a statement in accordance with the authority of the Registrar General–

(i)in a section 10A(1)(a) case, in form 5,

(ii)in a section 10A(1)(b) case, in form 2,

(iii)in a section 10A(1)(c) case, in form 6;

(b)attest the statement and deliver it to the relevant registrar together with the authority of the Registrar General and also–

(i)in a section 10A(1)(b) case, the statutory declaration made by the person acknowledging himself to be the father of the child,

(ii)in a section 10A(1)(c) case, the certified copy of the order made under section 4 of the Affiliation Proceedings Act 1957(12).

(4) Upon receiving the documents mentioned in paragraph (3) the relevant registrar shall–

(a)copy the particulars recorded in the spaces of the statement into the corresponding spaces of form 1;

(b)enter in space 14 the name of the parent in the form in which he signed the statement and–

(i)add the words “by declaration dated ... ... ... ...”, inserting the date on which the declaration was made and signed,

(ii)in a section 10A(1)(b) or (c) case make the appropriate further addition specified in head (i) or (ii) (as the case may be) of paragraph (2)(b);

(c)enter in space 15 the date on which the entry is made, adding the words “On the authority of the Registrar General”;

(d)if not more than three months have elapsed from the date of the birth, sign the entry in space 16 and add his official description;

(e)if more than three months have elapsed from the date of the birth, make the whole entry in the presence of the relevant superintendent registrar, in which case both officers shall sign the entry in space 16 and add their official descriptions.

(5) In this Regulation “parent” means–

(a)in a section 10A(1)(a) case, both the father and the mother;

(b)in a section 10A(1)(b) or (c) case, the mother,

and references to section 10A(1) are to section 10A(1) of the Act.

Noting of previous entry

18.  Where a birth is re-registered in accordance with this Part of these Regulations, the superintendent registrar or registrar having custody of the register in which the birth was previously registered shall, when so directed by the Registrar General, note the margin of the previous entry with the words “Re-registered under section 10A of the Births and Deaths Registration Act 1953 on ... ... ... ...”, inserting the date of the re-registration.

PART VRE-REGISTRATION OF BIRTHS OF LEGITIMATED PERSONS

Attendance and particulars on re-registration

19.  Where under section 14(1) of the Act(13) the Registrar General authorises the re-registration of the birth of a legitimated person–

(a)except where Regulation 21 or 23 applies, and subject to section 14(2) of the Act(14) (personal attendance as required by the Registrar General), a parent of the legitimated person shall attend personally at the office of the relevant registrar for re-registration of the birth within such time as the Registrar General may direct;

(b)Regulation 7(2) shall apply as to the particulars to be recorded in respect of the parents except that–

(i)in space 6 of form 1, the occupation of the father need not be recorded as at both the date of birth and the date of the entry,

(ii)in space 7 of form 1, the surname to be recorded in respect of the mother of the child shall be her surname immediately after her marriage to the father, and

(iii)in space 9(b) of form 1, the surname (if any) to be entered shall be that in which the mother contracted her most recent marriage prior to re-registration.

Re-registration where parent attends

20.—(1) Where the parent attends personally at the office of the relevant registrar for re-registration, the registrar shall show or read to the parent the particulars entered in the Registrar General’s authority.

(2) If it appears that there is any error or omission in those particulars the registrar shall correct it in such manner as the Registrar General may direct.

(3) The registrar shall then in the presence of the parent–

(a)copy the particulars recorded in the spaces of the authority into the corresponding spaces of form 1 so however that if any particular has been corrected in pursuance of paragraph (2) he shall enter only the particulars as corrected, omitting any incorrect particular which has been struck out;

(b)enter in space 12 of form 1 the qualification of the informant as “father” or “mother”, as the case may be, and call upon the parent to verify the particulars as entered and to sign the entry in space 14;

(c)enter in space 15 of form 1 the date on which the entry is made and add the words “On the authority of the Registrar General”;

(d)sign the entry in space 16 of form 1 and add his official description.

Making of declaration where parent does not attend

21.—(1) Instead of attending personally at the office of the relevant registrar, a parent may with the written consent of the Registrar General verify the particulars required on re-registration in accordance with the following provisions of this Regulation.

(2) A parent who is in England or Wales may verify the particulars by making and signing before any registrar other than the relevant registrar a declaration of the particulars on an approved form.

(3) Any such declaration shall be attested by the registrar before whom it is made and sent by him to the relevant registrar.

(4) A parent who is not in England or Wales may verify the particulars by making and signing before a relevant authority, and sending to the Registrar General, a declaration of the particulars on an approved form.

(5) In paragraph (4) “relevant authority” means–

(a)in the case of a parent who is in Scotland, Northern Ireland, the Isle of Man, the Channel Islands or any part of the Commonwealth outside the British Islands or who is in the Irish Republic, a notary public and any other person who, in the place where the declaration is made, is authorised to administer oaths;

(b)in the case of a parent to whom sub-paragraph (a) above does not apply (and who is outside England and Wales), one of Her Majesty’s consular officers, a notary public and any other person who, in the place where the declaration is made, is authorised to administer oaths so however that a declaration made otherwise than before a consular officer shall be authenticated by such an officer if the Registrar General so requires;

(c)in the case of a parent who is a member of Her Majesty’s Forces and who is not in the United Kingdom, any officer who holds a rank not below that of Lieutenant-Commander, Major or Squadron-Leader.

Re-registration in pursuance of declaration

22.  On receiving the Registrar General’s authority to re-register a birth together with his consent as to verification and the declaration made for the purposes of Regulation 21, the relevant registrar shall–

(a)copy the particulars recorded in the spaces of the declaration into the corresponding spaces of form 1;

(b)enter in space 12 of form 1 the qualification of the informant as “father” or “mother”, as the case may be;

(c)enter in space 14 of form 1 the name of the declarant in the form in which he signed the declaration and add the words “by declaration dated ... ... ... ...”, inserting the date on which the declaration was made and signed;

(d)complete the entry as provided in regulation 20(3)(c) and (d).

Re-registration where particulars not verified by parent

23.  Where, in a case to which any of the provisos to section 14(1)(15) applies, the Registrar General authorises the relevant registrar to re-register the birth of a legitimated person notwithstanding that the particulars to be registered have not been verified by either parent, the registrar shall–

(a)copy the particulars recorded in the spaces of the authority into the corresponding spaces of form 1;

(b)enter in space 14 the words “On the authority of the Registrar General” without any further entry in that space;

(c)enter in space 15 the date on which the entry is made and sign the entry in space 16, adding his official description.

Noting of previous entry

24.  Where the birth of a legitimated person is re-registered in accordance with Regulation 20, 22 or 23 the superintendent registrar or registrar having custody of the register in which the birth was previously registered shall, when so directed by the Registrar General, note in the margin of the previous entry the words “Re-registered under section 14 of the Births and Deaths Registration Act 1953, on ... ... ... ...”, inserting the date of the re-registration.

Certified copies of re-registered entries

25.  Where an application is made to a superintendent registrar or registrar for a certified copy of the entry of the birth of a legitimated person whose birth has been re-registered in a register in his custody–

(a)he shall supply a certified copy of the entry of re-registration;

(b)a certified copy of the superseded entry shall not be supplied except with the authority of the Registrar General.

Re-registration where person born at sea

26.—(1) Where under section 14(1) of the Act the Registrar General authorises the re-registration of the birth of a legitimated person who was born at sea and whose birth was included in a return sent to the Registrar General–

(a)a parent of the legitimated person shall verify the particulars required on re-registration by making and signing on an approved form a declaration of those particulars before a registrar or a relevant authority as defined in Regulation 21(5);

(b)the parent shall send the declaration to the Registrar General.

(2) In relation to any case to which this Regulation applies, section 14(1) of the Act shall apply with the modification that a person deputed for the purpose by the Registrar General shall on receiving the Registrar General’s authority, together with the declaration made by the parent under paragraph (1), effect re-registration by–

(a)making the entry in a register to be kept at the General Register Office in form 7, copying the particulars recorded in the spaces of the authority into the corresponding spaces of the form;

(b)noting in the margin of any previous record of the birth in the custody of the Registrar General the words “Re-registered under section 14 of the Births and Deaths Registration Act 1953, on ... ... ... ...”, inserting the date of re-registration; and

(c)sending a copy of the previous record, including a copy of the marginal note, certified under the seal of the General Register Office, to the authority from whom that record was received by the Registrar General.

PART VIBIRTH ENTRIES OF ADOPTED CHILDREN

Marking of birth entry of adopted child

27.—(1) When so directed by the Registrar General acting pursuant to any of the relevant provisions, a superintendent registrar or a registrar shall–

(a)mark the entry specified in the direction with the word “Adopted” or, as the case may be, the words “proposed foreign adoption”, followed immediately, where the direction so specifies, by the name, in brackets, of the country in which the adoption order was made;

(b)strike through any marking as to adoption in the margin of the entry specified in the direction and underneath write, as may be specified in the direction, the words “Adoption order quashed”, “Adoption order revoked”, “Appeal against adoption order allowed” or “Direction for the marking of this entry revoked”,

and, after marking the entry or striking through the marking (as the case may be), the officer concerned shall add his signature and official description.

(2) In paragraph (1) “the relevant provisions” means sections 50(7) and 55(3) of, and paragraphs 1(3), 2, 3(c), 4(2)(b), (3) and (5), 5 and 6(b) of Schedule 1, to the Adoption Act 1976(16).

Reproduction of marking in certified copy

28.  Where–

(a)a certified copy of an entry of birth relating to an adopted person is given pursuant to section 30(2), 31(2) or 32 of the Act(17);

(b)the entry has been marked pursuant to sub-paragraph (a) of paragraph (1) of Regulation 27; and

(c)the marking has not been struck through pursuant to sub-paragraph (b) of that paragraph,

the certified copy shall include a copy of the marking.

PART VIIREGISTRATION OF BIRTHS OF ABANDONED CHILDREN

Particulars to be registered

29.  The particulars required to be registered pursuant to section 3A(2)(c) of the Act(18) (registration of births of abandoned children in register at the General Register Office) shall be those required in spaces 1 to 6 in form 8.

Noting of previous entry

30.  Where the Registrar General re-registers a birth under section 3A(5) of the Act the superintendent registrar or registrar having custody of the register in which the birth was previously registered shall, when so directed by the Registrar General, note in the margin of the previous entry the words “Re-registered under section 3A(5) of the Births and Deaths Registration Act 1953 on ... ... ... ...”, inserting the date of the re-registration as notified by the Registrar General.

PART VIIIREGISTRATION OF STILL-BIRTHS

Particulars to be registered and form of register

31.  The particulars concerning a still-birth required to be registered pursuant to section 1(1) of the Act(19) shall, subject to the provisions of this Part of these Regulations, be those required in spaces 1 to 13 in form 9 and that form shall be the prescribed form for registration of still-births for the purposes of section 5 of the Act (which provides for registration of births free of charge).

Certificate and declaration in connection with registration

32.—(1) The form of the certificate to be signed, pursuant to section 11(1)(a) of the Act(20), by a registered medical practitioner or a registered midwife for delivery by the qualified informant to the registrar shall be form 10.

(2) The form of the declaration to be made by a qualified informant, pursuant to section 11(1)(b) of the Act(21), where no certificate is obtained shall be form 11.

Reference to coroner

33.—(1) Where a registrar is given information of an alleged still-birth and he has reason to believe that the child was born alive he shall report the matter to the coroner on an approved form.

(2) The registrar shall not register a still-birth which to his knowledge has been reported to the coroner until he has received either a coroner’s certificate after inquest or a notification from the coroner that he does not intend to hold an inquest.

Registration where no reference to coroner

34.—(1) In the case of a still-birth in respect of which–

(a)a certificate in form 10 or a declaration in form 11 has been delivered to the relevant registrar;

(b)a report has not been, and is not required to be, made to the coroner; and

(c)before the expiration of three months from the date of the still-birth the relevant registrar receives personally from a qualified informant information of the particulars required to be registered concerning the birth,

the relevant registrar shall forthwith register the birth and the particulars, if not previously registered, in the presence of the informant on form 9, entering the particulars required in spaces 1 to 13.

(2) Regulations 7(2), 9 and 10 shall apply to the completion of form 9 as they apply to the completion of form 1 but with any necessary modifications, in particular the following–

(a)in space 1–

(i)where a still-born child is found exposed and the date and place of the still-birth are unknown the registrar shall enter the words “Found ... ... ... ...on ... ... ... ...”, inserting the relevant place and date,

(ii)where a name and surname are given by the informant in respect of the child, these shall be entered by the registrar;

(b)in space 2–

(i)where a certificate in form 10 has been produced, the registrar shall enter the cause of death precisely as stated in the certificate, followed by the words “Certified by ... ... ... ...” and the name, surname and qualification of the registered medical practitioner or, as the case may be, the name and surname of the midwife and the words “Registered Midwife”,

(ii)where a declaration in form 11 has been produced, the registrar shall enter the words “Declaration by informant”,

and, except where head (ii) applies, the informant shall not be required to verify the particulars entered in space 2.

Registration on coroner’s notification where no inquest is held

35.—(1) Where, before the expiration of three months from the date of a still-birth which has not already been registered, the relevant registrar receives from a coroner notification that he does not intend to hold an inquest, the registrar shall, subject to paragraphs (2) and (3), take such action as may be required to register the still-birth and the particulars on form 9 in the presence of a qualified informant, entering the particulars required in spaces 1 to 13 in accordance with Regulation 34(2).

(2) Where the coroner–

(a)certifies in his notification that an examination made by his direction has disclosed that the child was still-born or that there was not sufficient evidence to show that the child was born alive; and

(b)delivers to the registrar a certificate showing the result of the examination,

the registrar shall enter in space 2 of form 9 the cause of death precisely as stated in the certificate, followed by the words “Certified by ... ... ... ...after post-mortem held by direction of ... ... ... ...”, inserting respectively the name, surname and qualification of the registered medical practitioner who made the examination and the name, surname and description of the coroner.

(3) After the expiration of three months from its date a still-birth shall not be registered under this Regulation.

Registration on coroner’s certificate after inquest

36.—(1) Where, before the expiration of three months from the date of a still-birth, the relevant registrar receives a coroner’s certificate after inquest from which it appears that the child was still-born or that there was not sufficient evidence to show that the child was born alive, the registrar shall forthwith register the still-birth and the particulars (whether or not already registered) on form 9 as follows–

(a)in spaces 1 and 3 to 10, he shall enter, precisely as stated in the coroner’s certificate, the particulars contained in the certificate as the particulars to be entered in the respective spaces;

(b)in space 2, he shall enter the cause of death precisely as stated in the coroner’s certificate followed by the words “Certificate after inquest held on ... ... ... ...”, inserting the date of the inquest as stated in the certificate;

(c)in spaces 11 and 12 together, he shall enter the name, surname and description of the coroner;

(d)he shall draw a line through spaces 13 and 14;

(e)in space 15, he shall enter the date on which the entry is made;

(f)in space 16 he shall sign the entry and add his official description.

(2) Where the relevant registrar receives a coroner’s certificate as mentioned in paragraph (1), section 5 of the Act shall apply with the modification that on receiving the certificate the registrar shall forthwith register the still-birth in the manner specified in paragraph (1) of this Regulation and, if it has already been registered, without any alteration of the original entry.

Noting of previous entry after coroner’s certificate after inquest

37.  Where, in any case to which Regulation 36 applies, the registrar ascertains that an entry in respect of the child has previously been made in any register of live-births, still-births or deaths he shall, after registering the still-birth in accordance with that Regulation–

(a)if the previous entry is in a still-birth register in his custody, write in the margin of the previous entry the words “Re-registered on coroner’s certificate at entry No ... ... ... ...”, inserting the number of the new entry;

(b)if the previous entry is in a live-birth or death register in his custody, write in the margin of the previous entry the words “This entry relates to a still-birth and is registered at entry No ... ... ... ...in the still-birth register No ... ... ... ...”, inserting the numbers of the new entry and of the register;

(c)if the previous entry is in a live-birth or death register in the custody of a superintendent registrar, give him a copy of the new entry together with particulars of the previous entry whereupon the superintendent registrar shall write in the margin of the previous entry the words “This entry relates to a still-birth and is registered at entry No ... ... ... ...in the still-birth register No ... ... ... ...”, inserting the numbers of the new entry and of the register;

(d)if the previous entry is in a still-birth register in the custody of the Registrar General, send to the Registrar General a copy of the new entry together with particulars of the previous entry.

PART IXDISPOSAL OF BODIES OF STILL-BORN CHILDREN

Certificates for disposal

38.—(1) The form of the certificate of a registrar to be given under section 11(2) of the Act(22) (preliminaries to disposal of body) that he has registered a still-birth shall be form 12.

(2) The certificate of a registrar under section 11(2) of the Act that he has received notice of a still-birth shall be given on an approved form but a certificate shall not be given except for the purpose of burial in a burial ground in England or Wales, and then only–

(a)where the case is one which is not required to be reported to the coroner; or

(b)where the case has been reported to the coroner and the registrar has been informed by the coroner that he has completed any investigation which he intends to make and has not issued any order authorising the disposal of the body.

PART XREGISTRATION OF DEATHS

Particulars to be registered

39.  The particulars concerning a death required to be registered pursuant to section 15 of the Act shall, subject to the provisions of this Part of these Regulations, be those required in spaces 1 to 8 in form 13 and that form shall be the prescribed form for registration of deaths for the purpose of section 20 of the Act (which provides for registration of deaths free of charge).

Certificate of cause of death

40.—(1) Subject to paragraph (2)–

(a)the form of a certificate of cause of death required to be signed by a registered medical practitioner pursuant to section 22(1) of the Act shall be–

(i)except in the case of a child who dies within 28 days of birth, form 14,

(ii)in the case of such a child, form 15;

(b)the form of notice of signing of the certificate of cause of death required by section 22(2) of the Act to be given by the medical practitioner to a qualified informant shall be form 16.

(2) Where the place of death is in England but the certificate of cause of death is issued in Wales–

(a)the form of the certificate or notice may instead be the corresponding form (11, 12 or 13 as the case may be) prescribed by Regulation 2(a) of the Registration of Births and Deaths (Welsh Language) Regulations 1987(23);

(b)where the corresponding form 11 or 12 is used under sub-paragraph (a) above the version in Welsh shall be disregarded for any other purpose of these Regulations.

Reference to coroner

41.—(1) Where the relevant registrar is informed of the death of any person he shall, subject to paragraph (2), report the death to the coroner on an approved form if the death is one–

(a)in respect of which the deceased was not attended during his last illness by a registered medical practitioner; or

(b)in respect of which the registrar–

(i)has been unable to obtain a duly completed certificate of cause of death, or

(ii)has received such a certificate with respect to which it appears to him, from the particulars contained in the certificate or otherwise, that the deceased was not seen by the certifying medical practitioner either after death or within 14 days before death; or

(c)the cause of which appears to be unknown; or

(d)which the registrar has reason to believe to have been unnatural or to have been caused by violence or neglect or by abortion or to have been attended by suspicious circumstances; or

(e)which appears to the registrar to have occurred during an operation or before recovery from the effect of an anaesthetic; or

(f)which appears to the registrar from the contents of any medical certificate of cause of death to have been due to industrial disease or industrial poisoning.

(2) Where the registrar has reason to believe, with respect to any death of which he is informed or in respect of which a certificate of cause of death has been delivered to him, that the circumstances of the death were such that it is the duty of some person or authority other than himself to report the death to the coroner, he shall either satisfy himself that it has been reported or report it himself.

(3) The registrar shall not register any death–

(a)which he has himself reported to the coroner;

(b)which to his knowledge it is the duty of any other person or authority to report to the coroner; or

(c)which to his knowledge has been reported to the coroner,

until he has received either a coroner’s certificate after inquest or a notification from the coroner that he does not intend to hold an inquest.

Registration within twelve months from date of death where no report to coroner

42.—(1) Where–

(a)a certificate of cause of death has been delivered to the relevant registrar;

(b)the death is not one which has been, or is required to be, reported to the coroner; and

(c)before the expiration of 12 months from the date of death the relevant registrar receives personally from any qualified informant information of the particulars required to be registered concerning the person’s death,

the relevant registrar shall forthwith register the death and the particulars, if not previously registered, in the presence of the informant on form 13, entering the particulars required in spaces 1 to 8 in accordance, where applicable, with the following provisions of this Regulation.

(2) In space 1 (date and place of death)–

(a)where a child lived for less than 24 hours, the registrar shall enter after the date of the child’s death the word “Aged ... ... ... ...”, inserting the age in completed hours or, if less than one hour, in minutes;

(b)where the date, but not the place, of death is known, the registrar shall enter the date of death followed by the words “Found dead ... ... ... ...”, inserting the place where the body was found;

(c)where the place, but not the date, of death is known the registrar shall enter the words “On or about ... ... ... ...”, inserting the date on which the body was found followed by the place of death;

(d)where both the date and place of death are unknown, the registrar shall enter the words “Deceased found on ... ... ... ...”, inserting the date on which the body was found followed by the place where it was found.

(3) In space 6 (occupation and usual address of deceased person)–

(a)where the deceased was a child under the age of 16 years, the registrar shall enter the words “son [or daughter] of ... ... ... ...”, inserting the name, surname and occupation of the father, if that information is given, and the name, surname and occupation of the mother preceded where appropriate by the word “and” so however that if–

(i)the names and surnames of both parents are to be entered and the surname of the mother is different from that of the father, and

(ii)it is within the knowledge of the informant that the mother was known by the surname of the father at any time during the lifetime of the child,

the registrar shall enter in respect of the mother that surname followed by her name and surname as at the death of the child preceded by the word “now” or, if the mother is deceased, the name and surname as at her death preceded by the word “afterwards”;

(b)where the deceased was a married woman or widow, the registrar shall, after her occupation enter the words “Wife [or Widow] of ... ... ... ...”, inserting the name, surname and occupation of her husband or deceased husband.

(4) In space 8 (cause of death), the registrar shall enter the cause of death precisely as stated in the certificate of cause of death, followed by the words “Certified by ... ... ... ...”, inserting the name, surname and qualification of the registered medical practitioner who signed the certificate.

(5) After entering the required particulars in spaces 1 to 8, the registrar shall call upon the informant to verify the particulars in spaces 1 to 7.

(6) If any error has been made in those particulars, the registrar shall, in the presence of the informant, make the necessary correction as provided in Regulation 54.

(7) The registrar shall then–

(a)call upon the informant to sign the entry in space 9;

(b)enter in space 10 the date on which the entry is made; and

(c)sign the entry in space 11, adding his official description.

Registration where inquest is not held

43.—(1) Where, before the expiration of 12 months from the date of a death which has not been registered, the relevant registrar is notified by the coroner that he does not intend to hold an inquest, the registrar shall, subject to paragraph (4), take such action as may be required to register the death and the particulars on form 13 in the presence of a qualified informant, entering the particulars required in spaces 1 to 8, in accordance with Regulation 42(2) to (7) but subject, in relation to space 8 of form 13 (cause of death), to paragraphs (2) and (3) below.

(2) Where the coroner in his notification certifies the cause of death disclosed by any report on a post-mortem examination of the body made by his direction under section 21 of the Coroners (Amendment) Act 1926(24), the registrar shall enter in space 8 of form 13 the cause of death precisely as stated in the notification followed by the words “Certified by ... ... ... ...”, inserting the name, surname and description of the coroner followed by the words “after post-mortem without inquest”.

(3) Where the coroner’s notification shows that no post-mortem examination was held by his direction, and the registrar is unable to obtain delivery of a certificate of cause of death, he shall enter in space 8 of form 13 the cause of death–

(a)if the cause is stated in the coroner’s notification, precisely as so stated;

(b)in any other case, as stated by the informant who shall then also verify space 8 (as well as spaces 1 to 7).

(4) After the expiration of 12 months from its date a death shall not be registered under this Regulation.

Noting of existing entry on coroner’s notification of cause of death

44.  Where the registrar receives a notification as mentioned in Regulation 43(2) in respect of a death which he has already registered on the information of a qualified informant–

(a)if the register containing the entry is in his custody, he shall, without altering the entry in space 8 of form 13, enter in its margin the words “Post-mortem without inquest held by the direction of ... ... ... ...”, inserting the name, surname and description of the coroner, followed by the words “and cause of death disclosed as ... ... ... ...”, inserting the cause of death as certified by the coroner;

(b)if the register containing the entry is in the custody of the superintendent registrar, he shall deliver the notification to the superintendent registrar who shall, without altering the entry of the death, enter in its margin the particulars required by paragraph (a).

Registration after inquest

45.  Where, before the expiration of 12 months from the date of a death, the relevant registrar receives with reference to that death a coroner’s certificate after an inquest he shall register the death (whether or not it has already been registered) as follows–

(a)in spaces 1 to 6 and 8 in form 13, he shall enter the particulars contained in the certificate, precisely as stated in the certificate, except that if any person is named in the certificate as having caused the death his name and surname shall be omitted;

(b)in space 7–

(i)subject to head (ii) below, he shall enter the words “Certificate received from ... ... ... ...”, inserting the name, surname and description of the coroner followed by the words “Inquest held on ... ... ... ...”, inserting the date of inquest as stated in the certificate,

(ii)if the inquest was adjourned, instead of the words “Certificate received from” he shall enter the words “Certificate on inquest adjourned received from”,

(c)he shall draw a line through space 9;

(d)in space 10, he shall enter the date on which the entry is made;

(e)in space 11, he shall sign the entry and add his official description.

Noting of previous entry on registration after inquest

46.  Where under regulation 45 or 47(4) the registrar registers a death which has already been registered on the information of a qualified informant–

(a)if the registrar has custody of the register containing the previous entry, he shall, without altering that entry, write in its margin the words “Re-registered on coroner’s certificate at entry No ... ... ... ...”, inserting the number of the new entry;

(b)where the previous entry is in a register in the custody of a superintendent registrar, he shall give him a copy of the new entry together with particulars of the previous entry whereupon the superintendent registrar shall, without altering the previous entry, write in its margin the words “Re-registered on coroner’s certificate at entry No ... ... ... ...in register No ... ... ... ...”, inserting the number of the new entry and of the register.

Registration after twelve months

47.—(1) Where in respect of a death which occurred more than 12 months previously a relevant registrar–

(a)is informed that the death has not been registered; or

(b)whether or not it has already been registered on the information of a qualified informant, receives a coroner’s certificate upon an inquest with respect to the death,

he shall make a report to the Registrar General enclosing any certificate of the cause of death and any coroner’s notification that he does not intend to hold an inquest or coroner’s certificate after an inquest.

(2) Except in a case to which paragraph (1)(b) applies, the registrar shall, in his report to the Registrar General, state–

(a)to the best of his knowledge and belief, the particulars required to be registered concerning the death;

(b)the source of his information; and

(c)the name, surname and address of any qualified informant available to give information for the registration.

(3) On receiving the Registrar General’s written authority to register the death on the information of a qualified informant, the registrar shall arrange for that informant to attend at his office and shall register the death in his presence.

(4) On receiving the Registrar General’s written authority to register a death in respect of which the registrar has received a coroner’s certificate after an inquest the registrar shall proceed to register the death.

(5) Subject to paragraph (6), the provisions of Regulation 42, 43 (other than paragraph (4)) or 45 (as the case may be) shall apply to registration under paragraph (3) or (4) as they apply on a registration within 12 months.

(6) In space 10, after entering the date on which the entry is made, the registrar shall enter the words “On the authority of the Registrar General”.

PART XIDISPOSAL OF BODIES OF DECEASED PERSONS

Interpretation of Part XI

48.  In this Part of these Regulations–

“the 1926 Act” means the Births and Deaths Registration Act 1926(25);

“certificate for disposal” means any certificate under subsection (1) of section 24 of the Act (certificates as to receipt of notice of and as to registration of death) and “certificate for disposal before registration” means a certificate of a registrar under that subsection that he has received written notice of a death;

“notification of disposal” means a notification as to the date, place and means of disposal of the body of a deceased person which a person effecting the dis-posal is required by section 3(1) of the 1926 Act to deliver to the relevant registrar.

Certificates and declaration for disposal

49.—(1) A certificate for disposal shall be given by the relevant registrar on an approved form which, for the use of the person effecting the disposal, shall embody a form of notification of disposal in form 17.

(2) A registrar shall not give a certificate for disposal before registration except for the purpose of burial in England or Wales, and then only–

(a)if the death is one which is not required to be reported to the coroner; or

(b)if the death has been reported, unless the registrar has received a coroner’s certificate after inquest or a notification from a coroner that he does not intend to hold an inquest and the registrar is satisfied that a coroner’s order has not been issued authorising the disposal of the body.

(3) The form of a declaration for the purpose of the proviso to section 1(1) of the 1926 Act (disposal by burial on declaration that certificate of registrar or order of coroner has been issued) shall be form 18.

Notification of disposal

50.  The person effecting the disposal of the body of a deceased person shall–

(a)except where paragraph (b) applies–

(i)write, sign and date the notification of disposal embodied in form 17 or in the coroner’s order with regard to the deceased, and

(ii)detach the notification and deliver it to the relevant registrar;

(b)where a declaration has been made as mentioned in regulation 49(3), notify the relevant registrar in writing in the terms used in form 17.

Enquiry in default of notification of disposal

51.—(1) The period after the issue of a certificate for disposal, or a coroner’s order authorising the disposal of the body, on the expiration of which the registrar (if he has not previously received a notification for disposal) is required to make enquiry under section 24(5) of the Act shall be a period of 14 days after the date of the issue of the certificate of order.

(2) Where in response to such an enquiry the registrar is informed that the body of the deceased person has not been disposed of, he shall, unless he is informed that the body is being held for the purposes of the Anatomy Acts 1832(26) and 1871(27) or the Human Tissue Act 1961(28), report the matter to the officer responsible for matters of environmental health for the district in which the body is lying.

(3) Where after such an enquiry it appears to the registrar that the body has been disposed of and notification of disposal has not been made to him within the time required by section 3(1) of the 1926 Act–

(a)he shall immediately ask the person effecting the disposal of the body to deliver the notification to him; and

(b)if the notification is not received within three days he shall report the matter to the Registrar General.

Certificate that death is not required to be registered

52.  The form of a certificate of a registrar for the purposes of section 24(2) of the Act that a death is not required to be registered in England or Wales shall be form 19.

PART XIICORRECTION OF ERRORS

Time when entry is complete

53.  An entry of a birth or death made by a registrar shall for the purposes of these Regulations be deemed to have been completed when the registrar has signed the entry and added his official description.

Correction of entry before completion

54.—(1) Where under these Regulations a registrar is required to correct an error in an entry of a birth or death before the completion of the entry, he shall, subject to paragraph (2), make the correction in the following manner–

(a)if a word is incorrect, he shall strike it out by a line drawn through it, but so that the word remains legible, and shall write the correct word above it;

(b)if in any group of figures one or more is incorrect, he shall strike out all the figures by a line drawn through them, but so that they remain legible, and shall write the correct figures above them;

(c)if a word has been omitted, he shall place a caret where the omission occurs and above the caret he shall write the omitted word, except that if there is sufficient space he shall write the word where the omission occurs and underline it;

(d)all such corrected errors shall be numbered consecutively from the beginning of the register starting with “one”, and on making such a correction the registrar shall write the number of the error in figures against the correction in the body of the entry and shall repeat the number in words in the margin of the entry and add his initials;

(e)if the particulars required to be entered in any two spaces have been inadvertently transposed, the registrar shall, without any other correction, write in the margin of the entry a note of the error in the following form: “The particulars in ... ... ... ...and ... ... ... ...inadvertently transposed”, inserting the numbers of the spaces and adding his initials.

(2) If it appears that an error has been made in his signature, the informant shall make the correction and the registrar shall number the error and make an entry in the margin as provided in paragraph (1)(d).

Correction of minor clerical errors after completion

55.—(1) Where it appears or is represented to the superintendent registrar or the registrar that in any completed entry made on or after 1st April 1969 in a register of live-births, still-births or deaths in his custody there is any clerical error to which this Regulation applies he shall, except where paragraph (4) applies, correct the error as provided in Regulation 54(1)(a), (b), (c) or (e) whichever is appropriate.

(2) The clerical errors to which this Regulation applies are–

(a)any error–

(i)in spelling any word which is not the name or surname of any person, or

(ii)consisting of the misplacement or incorrect repetition of any such word,

made on entering the particulars other than by copying from a document specified in sub-paragraph (f);

(b)the incorrect statement or omission–

(i)in the date of registration, of the day or the month (but not both) provided it is evident from the preceding and succeeding entries which day or month should have been inserted,

(ii)of the year of the birth or death to which an entry relates or of the year of registration (but not of both);

(c)the omission of all the words required to be added, in space 14 of a birth entry, by Regulation 10(1)(b)(ii), 13(4)(b) or 17(2)(b)(i);

(d)the omission of any of the words (including the date) required to be added, following the entry of a name in space 17 of a birth entry, by Regulation 14(2)(a) or (b);

(e)the omission of any of the words (including the name, surname and description of the coroner) “Certificate on inquest adjourned received from ... ... ... ...” required to be added, in space 7 of a death entry, by Regulation 45(b)(ii);

(f)any error in copying any particulars required to be copied from–

(i)a declaration made in accordance with Regulation 13,

(ii)a certificate of name given in baptism, or a certificate of name given other than in baptism, delivered in pursuance of section 13(1) of the Act(29),

(iii)a certificate of cause of death,

(iv)a doctor’s or midwife’s certificate of still-birth,

(v)a coroner’s notification after post-mortem without inquest; or

(vi)a coroner’s certificate after inquest;

(g)any error, in space 14 of a birth entry, in copying the date of a statutory declaration as required by Regulation 10(1)(b)(ii) or 17(2)(b)(i),

and the references in this paragraph to provisions of these Regulations include any corresponding provision of regulations revoked by these Regulations.

(3) Where any correction is made under paragraph (1), other than one to which paragraph (4) applies, the superintendent registrar or registrar concerned shall write in the margin of the entry a note in the following form–

  • “Error in ... ... ... ...corrected on ... ... ... ...by me Superintendent Registrar [or Registrar]”,

and shall complete and sign the note in the places provided.

(4) Where the clerical error relates to an entry required to be made by any of regulations 20, 22 and 23 the superintendent registrar or the registrar concerned shall–

(a)send a report to the Registrar General enclosing a copy of the entry; and

(b)correct the entry as directed by the Registrar General.

Correction of other minor clerical errors after completion

56.—(1) Where it appears or is represented to the superintendent registrar or the registrar that there is any clerical error to which this Regulation applies in a completed entry made on or after 1st April 1969, on the information of a qualified informant, in a register of live-births or deaths in his custody, he shall correct the error–

(a)in the presence–

(i)of that informant, and

(ii)where the register is in the custody of the registrar, of the superintendent registrar; and

(b)in the manner provided in Regulation 54(1)(a), (b), (c), or (e) whichever is appropriate.

(2) Where an error is corrected in accordance with paragraph (1) the superintendent registrar or registrar concerned shall write in the margin of the corrected entry a note in whichever of the following forms is appropriate–

  • “Error in ... ... ... ...corrected on ... ... ... ...by me ... ... ... ...registrar, in the presence of ... ... ... ...and ... ... ... ...superintendent registrar”, or

  • “Error in ... ... ... ...corrected on ... ... ... ...by me ... ... ... ...superintendent registrar, in the presence of ... ... ... ...”,

and shall complete and sign the note in the places provided.

(3) Subject to paragraph (4), this Regulation applies to the following clerical errors–

(a)in a live-birth entry (form 1)–

(i)in space 1, in the date or place of birth, but not both, provided the correct place of birth is within the sub-district where the birth was registered and the correct date of birth is within 3 months of the date of registration,

(ii)in space 5, in the father’s place of birth,

(iii)in space 6, in the father’s occupation,

(iv)in space 8, in the mother’s place of birth,

(v)in space 10, in the mother’s usual address,

(vi)in space 12, in the qualification of the informant, unless neither the father nor the mother, provided the identity of the informant is clear from the signature in space 14 and this is consistent with the information in space 4 or 7,

(vii)in space 13, in the usual address of informant,

(b)in a death entry (form 13)–

(i)in space 1, in the date or place of death, but not both, provided the corrected place of death is within the sub-district in which the death was registered and the corrected date of death is within 12 months of the date of registration,

(ii)in space 3, consisting of the omission of the sex of the deceased provided the sex as corrected is consistent with the name of the deceased in space 2,

(iii)in space 4, in the deceased’s maiden surname,

(iv)in space 5, consisting of the incorrect statement or omission of one, but not both, of the date or place of birth but, in the case of an incorrect statement of the latter only if the date is not corrected by more than one year,

(v)in space 6, consisting of the incorrect statement or omission of the occupation of the deceased or of the deceased’s husband or parents or of the usual address of the deceased or of the omission of the words “son [or daughter] of ... ... ... ...” and of the names and surnames of the deceased’s parents,

(vi)in space 7(a), in the informant’s name or surname provided this is consistent with the signature in space 9,

(vii)in space 7(c), in the informant’s usual address.

(4) This Regulation applies only where the qualified informant on whose information the original entry was made attends to witness the correction.

Correction of other clerical errors after completion

57.—(1) Where it appears or is represented to a superintendent registrar or a registrar that in a completed entry made on or after 1st April 1969, on the information of a qualified informant, in a register of live-births, still-births or deaths in his custody, there is a clerical error other than one to which Regulation 54, 56 or 59(2) applies, he shall send a report to the Registrar General and shall include with his report–

(a)such evidence as the Registrar General may require for the purpose of verifying the facts;

(b)the name and surname of the qualified informant (if any) who will be available to witness correction of the error; and

(c)a copy of the entry.

(2) On receiving the authority of the Registrar General the superintendent registrar or the registrar concerned shall correct the error in the manner provided in Regulation 54(1)(a), (b), (c), or (e), whichever is appropriate, in the presence of the qualified informant specified in the authority of the Registrar General.

(3) Where any correction is made under paragraph (2) the superintendent registrar or the registrar concerned shall write in the margin of the entry a note in the following form–

  • “Error in ... ... ... ...corrected on ... ... ... ...by me ... ... ... ...Superintendent Registrar [or Registrar], in the presence of ... ... ... ...on the authority of the Registrar General”,

and shall complete and sign the note in the places provided whereupon–

(a)the informant shall sign the note in the place provided; and

(b)the superintendent registrar or the registrar concerned shall after the signature of the informant add the informant’s qualification for giving information concerning the correction.

(4) Where no qualified informant is available to witness the correction, the superintendent registrar or the registrar concerned shall write in the margin of the entry a note in the following form (or in such other form as may be authorised by the Registrar General in any particular case)–

  • “Error in ... ... ... ...corrected on ... ... ... ...by me ... ... ... ...Superintendent Registrar [or Registrar] on the authority of the Registrar General”,

and shall complete and sign the note in the places provided.

Correction of errors of fact or substance

58.—(1) Where it appears or is represented to a superintendent registrar or a registrar that there is an error of fact or substance in a completed entry in a register of live-births, still-births or deaths in his custody, other than an entry to which Regulation 59 applies, he shall–

(a)send a report to the Registrar General giving such information as the Registrar General may require and enclosing a copy of the entry; and

(b)comply with any instructions which the Registrar General may give for the purpose of verifying the facts of the case and ascertaining whether there are available two persons qualified to make a statutory declaration required by section 29(3) of the Act(30).

(2) On being informed by the Registrar General that the error may be corrected on production of such a statutory declaration, the superintendent registrar or the registrar concerned shall on production to him of the statutory declaration correct the error in the following manner–

(a)he shall underline the erroneous matter in the entry; and

(b)he shall write in the margin of the entry a note in the following form (or such other form as the Registrar General may authorise in any particular case)–

  • “In No ... ... ... ...in ... ... ... ...for ... ... ... ...read ... ... ... ...Corrected on ... ... ... ...by me ... ... ... ... Superintendent Registrar [or Registrar] on production of a statutory declaration made by ... ... ... ...and ... ... ... ...”,

and he shall enter the particulars of the correction and of the declarants and complete and sign the note in the places provided.

Correction of error on coroner’s certificate

59.—(1) Where the superintendent registrar or the registrar having the custody of a register containing an entry made in pursuance of a coroner’s certificate after inquest receives–

(a)notification from the coroner of a clerical error in the certificate in respect of any entry made on or after 1st April 1969; or

(b)a certificate relating to that entry given by the coroner pursuant to section 29(4)(a) or (b) of the Act(31), as to an error of fact or substance in the certificate after inquest and as to the true facts of the case,

he shall send a report to the Registrar General, enclosing a copy of the entry and (as the case may be) of the coroner’s certificate and notification, or of the coroner’s certificates, relating to the entry.

(2) Where the error is a clerical error, the superintendent registrar or the registrar shall correct the error in the manner provided in Regulation 54(1)(a), (b), (c) or (e), whichever is appropriate, and shall write in the margin of the entry a note in the following form–

  • “Error in ... ... ... ...corrected on ... ... ... ...by me ... ... ... ...Superintendent Registrar [or Registrar] on receipt of notification from the Coroner”,

  • and he shall complete and sign the note in the places provided.

(3) Where the error is one of fact or substance the superintendent registrar or the registrar shall correct the error by–

(a)underlining the erroneous matter in the entry; and

(b)writing in the margin of the entry a note in the following form–

  • “In No ... ... ... ...in ... ... ... ...for ... ... ... ...read ... ... ... ...Corrected on ... ... ... ...by me ... ... ... ... Superintendent Registrar [or Registrar] on the authority of a certificate from the Coroner”,

  • and he shall complete and sign the note in the places provided.

Correction of clerical errors in entries made before 1st April 1969

60.  Any clerical error in any entry made before 1st April 1969 shall be corrected as if these Regulations had not been made.

Copy of corrected or annotated entry to be sent to Registrar General

61.—(1) Where a superintendent registrar or a registrar makes any correction or annotation to a completed entry in a register of live-births, still-births or deaths, whether by marginal note or otherwise, he shall, subject to paragraph (2), within seven days make and send to the Registrar General a copy of the entry as corrected or annotated (or both), including a copy of any marginal note, certified by–

(a)the registrar, if the register containing the entry is in his custody (and paragraph (b) does not apply); or

(b)the registrar and the superintendent registrar, if the register containing the entry is in the custody of the registrar and a quarterly copy of the entry has been certified; or

(c)the superintendent registrar, where the register containing that entry is in his custody,

together, in any case where a birth is re-registered under section 10A of the Act(32), with a copy of the new entry, certified by the registrar who made that entry.

(2) Paragraph (1) shall apply in relation to a correction or annotation made by a registrar under Regulations 55 and 56 only if the correction or annotation is made after the registrar has certified a true copy of the original entry pursuant to section 26(1)(a) of the Act (quarterly returns).

(3) Where a registrar has re-registered a birth under either section 10A or 14(1) of the Act(33) and the previous entry is in a register in the custody of a superintendent registrar the registrar shall within seven days of the re-registration provide the superintendent registrar with a certified copy of the new entry.

PART XIIIBIRTH AND DEATH CERTIFICATES

Certificate of registration of birth

62.  The form of certificate for the purposes of section 12 of the Act(34) (certificate by registrar that he has registered a birth) shall be form 20.

Application for short certificate of birth

63.—(1) Section 33 of the Act(35) (short certificates of birth) shall not apply in relation to still-births.

(2) The particulars to be furnished on an application under section 33(1) of the Act for a short certificate of the birth (not being a still-birth) of any person shall be–

(a)where that person has been adopted and the certificate is to be in respect of him as an adopted person–

(i)his name and surname,

(ii)the date of his birth,

(iii)the name and surname of his adopter or, as the case may be, his adopters, and

(iv)the date upon which, and the name of the court by which, the adoption order was made;

(b)in any other case–

(i)his name and surname,

(ii)the date of his birth,

(iii)the name and surname of his father,

(iv)the name, surname and maiden surname of his mother, and

(v)the place of his birth or the place at which his birth was registered.

(3) Notwithstanding paragraph (2)–

(a)no particulars shall be required if the application is made at the time of registering the birth;

(b)any particulars may be omitted which, in the opinion of the person to whom the application is made, it is not reasonably practicable for the applicant to furnish.

Form of short certificate of birth

64.  The form of short certificate of birth to be issued under section 33 of the Act–

(a)by a superintendent registrar or registrar, shall be form 21;

(b)by the Registrar General, shall be form 22.

Compilation of short certificate of birth

65.—(1) A short certificate of birth under section 33 of the Act shall be compiled, from the records and registers in the custody of the Registrar General or from the registers in the custody of the superintendent registrar or registrar (as the case may be), in accordance with the following provisions of this Regulation.

(2) In the case of a certificate in form 21–

(a)opposite the words “Name and Surname” there shall be entered–

(i)where the name and surname are recorded in the birth entry, that name and surname (being, in a case where these are recorded in both spaces 2 and 17 of form 1, the name and surname recorded in space 17),

(ii)where the person’s name but not his surname is recorded in the entry, that name (being in a case where this is recorded in both columns 2 and 10 of the entry, the name recorded in column 10) followed immediately, if the entry contains a surname which appears from the entry to have been used by his father or his mother at or after the date of birth, by that surname;

(b)opposite the words “Sex” and “Date of Birth” respectively there shall be inserted the relevant particulars from the birth entry;

(c)opposite the words “Place of Birth” there shall be inserted the names of the registration district and sub-district in which the birth was registered,

so however that if the place of birth is not recorded in the birth entry, the superintendent registrar or registrar shall remit the application to the Registrar General.

(3) In the case of a certificate in form 22 (not being a certificate to which regulation 66 applies)–

(a)opposite the words “Name and Surname” there shall be entered–

(i)where the name and surname are recorded in the entry, that name and surname,

(ii)where the person’s name but not his surname is recorded in the entry, that name followed immediately by–

(aa)if the entry contains a surname which appears from the entry to have been used by his father or his mother at or after the date of birth, that surname, or

(bb)if the entry contains the surname of his adopter or (as the case may be) his adopters, and the applicant so requests, that surname;

(b)opposite the word “Sex” there shall be entered the relevant particulars contained in the birth entry;

(c)opposite the words “Date of Birth” there shall be entered the date of birth recorded in the birth entry or, if no date is recorded, such date (if any) as may appear to the Registrar General from the information recorded in the birth entry to be the probable date of birth;

(d)opposite the words “Place of Birth” there shall be entered such (if any) of the following particulars as may be appropriate–

(i)where the register or other record containing the birth entry includes particulars of the registration district and sub-district in which the birth occurred or in which the birth is treated under any enactment as having occurred, the names of that registration district and sub-district,

(ii)where the birth is recorded as having occurred on a British ship (within the meaning of section 1 of the Merchant Shipping Act 1894(36)), the words “At Sea” followed by the name of the ship on which the birth occurred,

(iii)where the birth is recorded as having occurred in an aircraft, the words “In an aircraft” followed by the particulars of the place of birth in the birth entry,

(iv)in any other case where the birth entry contains particulars as to the place of birth, those particulars,

(v)where the birth entry contains no particulars as to the place of birth, such particulars (if any) as to the country of birth as the Registrar General is satisfied can be obtained from any register or record in his custody.

Short certificate of birth in respect of certain children admitted to the Foundling Hospital

66.—(1) The form of short certificate of birth of a person in substitution for that set out in the Second Schedule to the Foundling Hospital Act 1953(37) (which provides for short certificates of birth for children admitted to the hospital before 30th January 1948 who on admission were given names and surnames different from those recorded on registration of their births), shall be form 22.

(2) A certificate under paragraph (1) shall be compiled as follows–

(a)opposite the words “Name and Surname” there shall be entered the name and surname given to the person on his admission to the Foundling Hospital;

(b)opposite the word “Sex” there shall be entered the relevant particulars contained in the birth entry;

(c)opposite the words “Date of Birth” there shall be entered the date of birth recorded in the birth entry or, if no date of birth is recorded, such date (if any) as may appear to the Registrar General from the information recorded in the entry to be the probable date of birth;

(d)opposite the words “Place of Birth” there shall be entered particulars of the person’s country of birth.

Applications for certificate of birth or death for certain purposes

67.—(1) Where a person wishes to make an application for a certificate of a live-birth or death for the purposes of any enactment specified in paragraph (2) the superintendent registrar or the registrar having custody of the register shall on request provide that person without charge with an approved form.

(2) The enactments referred to in paragraph (1) are–

(a)section 10 of the Savings Banks Act 1887(38);

(b)regulation 32 of the Savings Certificates Regulations 1972(39);

(c)regulation 25 of the Premium Savings Bank Regulations 1972(40);

(d)section 106(1) of the Friendly Societies Act 1974(41).

Certificates of death for certain purposes

68.—(1) The relevant officer shall without charge provide with an approved form a person who wishes to apply for the issue of a certificate of death for the purposes of Schedule 1 to the 1948 Act and of Schedule 5 to the 1974 Act.

(2) A relevant officer shall not issue such a certificate to an applicant unless the applicant certifies in the application that–

(a)he is the child, grandchild or stepchild of the person to whose death the application relates; and

(b)he is entitled to claim under an insurance taken out by him on or after 1st January 1924 on the life of that person.

(3) Except as provided in paragraph (4) more than one certificate of death shall not be issued to the same person for the purposes of Schedule 1 to the 1948 Act and of Schedule 5 to the 1974 Act.

(4) Where a person to whom a death certificate has been issued for the purposes of Schedule 1 to the 1948 Act and Schedule 5 to the 1974 Act makes and delivers to the relevant officer a statutory declaration stating–

(a)that the certificate has been lost or destroyed;

(b)whether any endorsement has been made on the certificate and, if so, by what registered society, branch or company; and

(c)that if the original is recovered he will surrender it for destruction to the superintendent registrar or the registrar,

the relevant officer shall issue to that person a duplicate of the certificate on an approved form.

(5) Where the statutory declaration states that on the certificate which the duplicate replaces an endorsement has been made by a registered society, branch or company, the relevant officer shall record on the duplicate certificate a requirement that it is to be produced to that society, branch or company for the endorsement to be repeated on the duplicate.

(6) Where a certificate of death is issued under this Regulation the relevant officer shall keep a record on an approved form of–

(a)the number of the entry in the register in respect of which the certificate is issued;

(b)the serial number of the certificate;

(c)the name of the person to whom it was issued and his relationship to the deceased.

(7) In this Regulation–

(a)“the 1948 Act” means the Industrial Assurance and Friendly Societies Act 1948(42);

(b)“the 1974 Act” means the Friendly Society Act 1974;

(c)“the relevant officer” means the superintendent registrar or the registrar having custody of the register in which the death is registered.

PART XIVMISCELLANEOUS

Information under the Population (Statistics) Act 1938

69.—(1) Where a draft of the particulars to be registered concerning a birth or death is prepared pursuant to Regulation 3, then, except in the case of–

(a)the registration of the death of a child under the age of 16 years;

(b)the registration of a live-birth or death which occurred more than 12 months previously;

(c)the re-registration of a birth or death on the authority of the Registrar General,

the superintendent registrar or registrar concerned shall require the informant to furnish to him such other particulars specified in the Schedule to the Population (Statistics) Act 1938(43) as are appropriate to the registration and within his knowledge and shall enter the information so furnished on an approved form.

(2) The superintendent registrar or registrar concerned shall show or read to the informant the particulars entered on the form and shall correct any error or omission.

Forms to be sent to the Registrar General

70.—(1) The registrar shall send to the Registrar General any forms prepared pursuant to Regulations 3 and 69–

(a)in the case of a live-birth, not later than the Saturday of the week following the week in which he registered the birth; and

(b)in the case of a still-birth or death, not later than the Saturday of the week in which he registered the still-birth or death.

(2) With the forms referred to in paragraph (1)(b) there shall be sent–

(a)Parts IV and V of any coroner’s certificate after inquest furnished under section 23(1) of the Act;

(b)Parts III and IV of any coroner’s certificate after inquest adjourned furnished under section 20(4) of the Coroners (Amendment) Act 1926(44);

(c)any coroner’s certificate as to the result of criminal proceedings furnished under section 20(5) or 20(7)(b) of that Act,

together with such particulars as are necessary to identify the entry and register to which that information relates.

Quarterly returns

71.  For the purposes of section 26(1) of the Act (quarterly returns to be made by registrars to superintendent registrars)–

(a)the forms of a true copy of all the entries of live-births, still-births and deaths made in the registers during a period shall be forms 1, 9 and 13 respectively and any such copy shall be certified by the registrar completing a form in form 23, signing and dating the form in the space provided;

(b)the form of certificate that no birth, still-birth or death has been registered in a sub-district during that period shall be form 24.

Offences and proceedings

72.—(1) If it appears to a superintendent registrar or a registrar that any offence under or breach of–

(a)the Act or the Population (Statistics) Act 1938(45); or

(b)so far as they relate to the registration of births and deaths, the Perjury Act 1911(46) or the Forgery and Counterfeiting Act 1981(47),

has been committed, he shall report the matter to the Registrar General and shall deliver to the Registrar General such documents in his possession relating to the offence or breach as the Registrar General may require.

(2) Except with the authority of the Registrar General, a superintendent registrar shall not commence any proceedings in respect of an offence under the Act.

Revocations and transitional provisions

73.—(1) The regulations specified in column 1 of Schedule 3 to these Regulations are hereby revoked to the extent mentioned in column 3 of that Schedule.

(2) Any form prescribed by any regulation revoked by paragraph (1) which is not also prescribed by any preceding provision of these Regulations but which is in use immediately before the commencement of these Regulations for any purpose for which these Regulations provide may continue to be used for that purpose as a prescribed form under these Regulations up to and including 31st December 1988.

Given under my hand on 20th November 1987

G. T. Banks

Registrar General

Signed by authority of the Secretary of State for Social Services.

Skelmersdale

Parliamentary Under-Secretary of State,

Department of Health and Social Security

26th November 1987

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