The Registration of Births and Deaths Regulations 1987

PART III REGISTRATION 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(1) 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(2) (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(3)) 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(4) 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(5) 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(6), a request made under paragraph (b) or (c) of section 10 of the Act(7) 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.

(1)

Section 1(1) was amended by paragraph 13(1) of Schedule 3 to the Children Act 1975 (c. 72).

(2)

Section 10(b)(i) was substituted by section 27(1) of the Family Law Reform Act 1969 (c. 46).

(3)

Section 10 was amended by section 27(1) of the Family Law Reform Act 1969 (c. 46) and by section 93(1) of the Children Act 1975 (c. 72).

(4)

1957 c. 55. Section 4 was amended by section 1(1) and (2) of the Affiliation Proceedings (Amendment) Act 1972 (c. 49) and by section 50 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

(5)

Section 6(1)(a) was amended by Part VI of Schedule 4 to the Children Act 1975 (c. 72).

(6)

Section 9(4) was added by section 93(3) of the Children Act 1975 (c. 72).

(7)

Paragraph (b) of section 10 was substituted by section 27(1) of the Family Law Reform Act 1969 and paragraph (c) was added by section 93(1) of the Children Act 1975.