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Statutory Instrument

The Registration of Births, Deaths and Marriages Regulations 1968

Citation
S.I. 1968/2049
As at
Sections
89
Section 1Title and commencement

These regulations may be cited as the Registration of Births, Deaths and Marriages Regulations 1968 and shall come into operation on 1st April 1969.

Section 2Interpretation

(1) In these regulations, unless the context otherwise requires—

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

“ authorised person ” has the same meaning as in the Marriage Act 1949 ;

“ birth ” does not include a still-birth ;

“ borough ” means a county borough or a London borough, and includes the City of London ;

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

“ clerk ” means the clerk of a council ;

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

“ council ”, in relation to a district or sub-district, means the council of the county or borough in which the district or sub-district is situated and, in relation to an officer, means the council of the county or borough which contains the district or sub-district, as the case may be, within which he is authorised to act ;

“ deputy officer ” means a deputy superintendent registrar, a deputy registrar of births and deaths or a deputy registrar of marriages ;

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

“ enactment ” includes any instrument made under an Act ;

“ entry ” means a record of the particulars relating to a birth, still-birth, death or marriage completed by the registrar in the appropriate spaces in form 1, 4, 5, 9 or 23 ;

“ interim officer ” means an interim superintendent registrar or an interim registrar of births and deaths ;

“ local scheme ”, in relation to an officer, means the scheme in force under section 13 of the Registration Service Act 1953 (which provides for local schemes of registration) in the county or borough which contains the district or the sub-district, as the case may be, within which he is authorised to act ;

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

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

“ midwife ” means a certified midwife within the meaning of the Midwives Act 1951

“ name ”, in relation to a person, includes a surname except in regulations 18, 25, 73 and 82, and in forms 1, 2 and 3 ;

“ non-salaried officer ” means an officer to whom section 18 of the Registration Service Act 1953 (which relates to non-salaried officers) applies, an interim officer who, on the vacation by such an officer of his office, takes on his duties or an officer appointed under section 7 of the said Act (which provides for the appointment of additional registrars of marriage) ;

“ occupation ” includes rank or profession ;

“ officer ” means a superintendent registrar, a registrar, a deputy officer or an interim officer ;

“ principal officer ” means an officer other than a deputy officer ;

“ registrar ” means a registrar of births and deaths or a registrar of marriages ;

“ registration office ” means the office of superintendent registrar, registrar of births and deaths or registrar of marriages ;

“ short certificate of birth ” means a certificate of birth under section 33 of the Act (which provides for the issue of short certificates of birth) ;

(2) All institutions maintained wholly or mainly from public funds or charitable endowments or subscriptions or any combination thereof shall be public institutions for the purposes of section 41 of the Act (which relates to interpretation).

(3) In these regulations, unless the context otherwise requires, any reference to any enactment shall be construed as a reference to that enactment as amended by or under any subsequent enactment.

(4) Any reference in these regulations to a numbered regulation or schedule shall, unless the reference is to a regulation of or a schedule to a specified enactment, be construed as a reference to the regulation or schedule bearing that number in these regulations.

(5) Any reference in any regulation in these regulations to a numbered paragraph shall, unless the reference is to a paragraph of a specified regulation, be construed as a reference to the paragraph bearing that number in the first mentioned regulation.

(6) Any reference to a numbered form shall be construed as a reference to the form bearing that number in Schedule 1; and any reference to a numbered space or column on a form shall be construed as a reference to the space or column bearing that number on that form.

(7) The Interpretation Act 1889. shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament and as if these regulations and the regulations hereby revoked were Acts of Parliament.

Section 3Provision where date or place of birth or death is unknown

Where a new-born living or still-born child is found exposed or a dead body is found—

(a) if the date of the birth of the child or of the death of the deceased person is unknown, references in these regulations to the doing of anything within a specified period after the birth or death shall be construed as references to the doing thereof within the same period after the child or the dead body was found;

(b) if the place of birth of the child or the place of death of the deceased person is unknown, references in these regulations to the place where a birth or death occurred shall be construed as references to the place where the child or the dead body was found.

Section 4Qualifications for appointment

A candidate for appointment to a registration office must be qualified in accordance with the following conditions:—

(a) he must produce satisfactory evidence as to character;

(b) he must have attained the age of 21;

(c) he must not have attained the age of 65;

(d) if he has attained the age of 55 he must—

(i) in the case of a candidate for appointment as superintendent registrar, previously have held a registration office or deputy registration office for at least 5 years in the aggregate;

(ii) in the case of a candidate for appointment to any other registration office, previously have held a registration office or a deputy registration office for a period in the aggregate at least equal to that which has elapsed since he attained the age of 55:

Provided that the council may appoint a candidate who is not qualified under paragraph ( c ), or a candidate who is not qualified under paragraph ( d ), if the Registrar General is satisfied that there is no other suitable candidate for appointment.

Section 5Disqualifications for appointment

Notwithstanding the provisions of regulation 4, no person shall be qualified for appointment—

(a) to any registration office—

(i) if he has been declared bankrupt and has not subsequently obtained his discharge, or if he has made any composition or arrangement with his creditors and has not subsequently paid his debts in full or obtained a certificate of discharge;

(ii) if he has been dismissed from any office by the Registrar General and the Registrar General does not consent to the appointment;

(iii) if he is, or has been during the 12 months preceding the date on which the appointment is to take effect, a member of the council or of a committee of the council having duties in relation to the appointment of registration officers;

(iv) if he is an officer or servant, other than the clerk or deputy clerk, of a local authority employed by them in the performance of duties relating to their functions as a burial authority;

(v) if he holds any office as authorised person, secretary (for marriages) of a synagogue or registering officer of the Society of Friends;

(vi) if he is a minister of religion, a medical practitioner, a midwife, an undertaker or other person concerned in a burial or cremation business, a person engaged in any business concerned with life insurance, or a person engaged in any other calling which would conflict with or prevent the proper performance in person of the duties of the office for which he is a candidate;

(b) as superintendent registrar, if he holds office as a registrar or any deputy registration office;

(c) as registrar, if he holds office as a superintendent registrar or is a coroner.

Section 6Powers and duties of deputy

(1) Subject to the provisions of regulation 9, a deputy may in the absence of his principal perform any of the duties of his principal, notwithstanding that his absence may not be unavoidable or occasioned by illness; and a deputy registrar may register—

(a) a birth, still-birth or death in respect of which his principal acts as informant, or

(b) a marriage to which his principal is a party or witness.

(2) Subject as aforesaid, a deputy may, while his principal is performing any duties of his office, perform any of the duties of his principal which are not reserved to the principal under the local scheme.

(3) As soon as a deputy has acted continuously as such for one month in the absence of the principal he shall make a report of the fact to the Registrar General, stating to the best of his ability the circumstances to which the principal's absence from duty is due and the date when the principal expects to resume his duties.

Section 7Vacation of office

(1) A superintendent registrar or a registrar may resign his office by giving to the clerk such notice in writing as may have been determined at the time of his appointment; and at the same time he shall inform the Registrar General accordingly.

(2) When a deputy to a superintendent registrar or to a registrar ceases to hold office, the superintendent registrar or the registrar, as the case may be, shall inform the clerk and the Registrar General.

Section 8Lists of officers, offices and hours of attendance

(1) A superintendent registrar shall from time to time, at such intervals as he may with the approval of the clerk think fit, cause to be printed a list of the principal officers holding office within his district, stating their names, head offices and stations and their days and hours of attendance, and shall furnish two copies of the list to the Registrar General and one copy each to—

(i) the superintendent registrar of each district adjoining his district;

(ii) the chief officer of every hospital in the district;

(iii) the chief officer of every police station in the district;

(iv) every coroner having jurisdiction in the district;

(v) the clerk of the council of every urban or rural district and parish wholly or partly situated in the district;

(vi) every medical practitioner and midwife practising in the district; and

(vii) such other persons as he may consider expedient for the convenience of the public;

and in the event of any changes in the list he shall notify the change to the persons to whom the list has been supplied.

(2) A superintendent registrar and a registrar of births and deaths shall cause to be exhibited and maintained outside his office and out-stations (if any) a notice stating his name, his official description, the name of his district or sub-district and the hours when his office and out-stations (if any) are open to the public.

Section 9Duality of function

(1) A registrar shall not register—

(a) a birth, still-birth or death of which he is an informant, or

(b) a marriage to which he is a party or a witness.

(2) A person who holds jointly the offices of registrar and deputy superintendent registrar shall not perform any of the duties of the superintendent registrar in relation to any duties which he performs as registrar.

Section 10General conduct, etc. of officers

(1) An officer shall not, while discharging his official duties with any person attending upon him at his office or otherwise coming into communication with him in his official capacity, transact or attempt to transact or to further the transaction of any business of a private nature, either on his own behalf or on behalf of any other person or body.

(2) An officer shall not, without the express authority of the Registrar General, publish or communicate to any person, otherwise than in the ordinary course of the performance of his official duties, any information acquired by him while performing those duties.

(3) An officer shall comply with any instruction or direction, whether particular or general, given to him by the Registrar General in any matter relating to the due performance by the officer of his duties in the execution of any enactment relating to his functions (not being a matter for which specific provision is made).

Section 11Statistical returns

A superintendent registrar or a registrar shall at such times and in such manner as the Registrar General may direct send to the Registrar General such information concerning births, still-births, deaths and marriages as he may require to be extracted from the records kept by the officer.

Section 12Inspection, etc., of books

Every officer shall submit all books and forms in his possession to inspection by any person authorised in that behalf by the Registrar General, and shall if so required by the Registrar General give him a statement as to the books and forms in his possession.

Section 13Registration in more than one place

(1) A registrar shall not register a birth, still-birth or death which has already been registered unless—

(a) the provisions of regulation 45 or 55 apply or

(b) the Registrar General gives his authority.

(2) If it appears to a registrar that a birth, still-birth or death has nevertheless been registered more than once, he shall—

(a) if there is no material difference in the particulars recorded, 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, report the matter to the Registrar General and make such note in the margin of the entry as the Registrar General may authorise.

(3) Where a birth, still-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 direct.

Section 14Cancellation of entry space

Where during the registration of a birth, still-birth, death or marriage it appears to the registrar that he cannot enter the particulars required in any space or column on the appropriate form (other than space 17 on form 1), then, subject to any other provision of these regulations, he shall draw a line in ink through that space or column before the informant is called upon to certify the entry.

Section 15Signature by mark or in foreign characters

Where a person who is required under any provision of these regulations to sign his name in a register makes a mark or signs in characters other than those used in the English or Welsh languages, the registrar shall write against the mark or signature the words “The mark (or signature) of …” , inserting the name of the person.

Section 16Particulars to be registered

The particulars concerning a birth required to be registered pursuant to section 1 of the Act (which requires prescribed particulars of births to be registered) shall, subject to the provisions of this Part of these regulations, be the particulars required in spaces 1 to 13 in form 1; and form 1 shall be the prescribed form for birth registration for the purposes of section 5 of the Act (which provides for registration of births free of charge).

Section 17Particulars as at date of birth

Subject to the provisions of regulation 18(4) and (5), under this part of these regulations the particulars to be recorded in respect of the parents of a child shall be the particulars appropriate as at the date of birth of the child.

Section 18Manner of registration

(1) On receiving from an informant, at any time within 3 months after the date of a birth which occurred in his sub-district, information of the particulars required by regulation 16, the registrar shall register the birth in the presence of the informant by inserting in form 1 the particulars required in spaces 1 to 13 subject to the provisions of this regulation.

(2) With respect to space 1 (Date and place of birth)—

(a) if more than one living child is born at a confinement the registrar shall enter the time of birth after the date of birth in each entry respectively;

(b) if the birth is that of a new-born child found exposed and the date and place of birth are unknown, the registrar shall enter the words “On or about…” and the approximate date of birth followed by the words “Found at … on …” , with the relevant place and date.

(3) With respect to space 2 (Name and surname) 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 and, if a name is not given, the registrar shall enter the surname preceded by a horizontal line.

(4) With respect to spaces 4 and 6 (Father's name, surname and occupation)—

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

(b) if the child was illegitimate, the registrar shall not complete space 6 unless the name and surname of a person acknowledging himself to be the father of the child have been entered in space 4 pursuant to section 10 of the Act (which makes provision as to the father of an illegitimate child);

(c) if the father is deceased, the registrar shall enter below the particulars in space 6 the word “deceased” ;

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

(5) With respect to space 7 (Mother's name and surname)—

(a) if after the birth of the child the mother acquired by marriage or otherwise a 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 acquired surname preceded by the word “now” or, if the mother is deceased, by the word “afterwards” ;

(b) if the child was illegitimate and the mother was engaged before the birth in gainful employment, the registrar shall enter particulars of the occupation unless pursuant to paragraph (4) an entry is made of the father's occupation.

(6) With respect to space 13 (Informant's 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 of the Act an entry has been made of the name of the person acknowledging himself to be the father of the child, the registrar shall enter that person's address, followed by the mother's address if different;

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

Section 19Verification of particulars

After completing spaces 1 to 3 in form 1 the registrar shall call upon the informant to verify the particulars entered; and if it appears that any error has been made in those particulars, the registrar shall thereupon in the presence of the informant make the necessary correction in the manner provided in regulation 72.

Section 20Signatures

(1) The registrar shall call upon the informant to sign the entry in space 14.

(2) If, in pursuance of section 10 of the Act, an entry has been made of the name of the person acknowledging himself to be the father, the registrar shall call first upon that person and then upon the mother to sign the entry.

Section 21Signature, etc. of registrar

When the registrar has signed the entry in space 16 he shall add his official description.

Section 22Registration after 3 months but within 12 months

Where an informant attends before a superintendent registrar to make a declaration under section 6(1)(b) of the Act (which relates to registration after 3 but within 12 months of birth) the superintendent registrar shall supply a form of declaration provided by the Registrar General.

Section 23Registration after 12 months

(1) Where a registrar or a superintendent registrar is informed that a birth which occurred more than 12 months previously has not been registered, he shall make a report to the Registrar General stating to the best of his knowledge and belief the particulars required to be registered concerning the birth, the source of his information and the name and address of any qualified informant available to give information for the registration.

(2) Where an informant attends, pursuant to the written authority of the Registrar General, to give information for the registration of a birth which occurred more than 12 months previously, the superintendent registrar shall—

(a) ascertain from the informant the particulars required to be registered concerning the birth, enter them in a form of declaration provided by the Registrar General, read or show the form to the informant and, after correcting any error, require the informant to sign the declaration; and

(b) attest the declaration.

(3) On registering the birth pursuant to this regulation the registrar shall enter immediately after the date of registration the words “On the authority of the Registrar General” .

Section 24Making of declaration under section 9 of the Act

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

(a) in a case where not more than 3 months have elapsed since the date of the birth of the child, any registrar of births and deaths, or

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

not being the superintendent registrar or the registrar of births and deaths for the district or sub-district in which the birth occurred.

(2) A registrar or a superintendent registrar before whom such a declaration is to be made shall ascertain from the informant the particulars to be registered concerning the birth, enter them in such declaration, using for the purpose a form provided by the Registrar General, read or show the form to the informant and, after correcting any error, require the informant to sign the declaration.

(3) Any such declaration shall be attested by the officer in whose presence it was signed.

(4) If it appears to the registrar of the sub-district in which the birth occurred that the particulars contained in any such declaration, as duly sent to him, 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 that officer shall in the presence of the declarant amend any error by striking out any incorrect particulars and inserting the correct particulars.

(5) Any amendment so made shall be initialled by the declarant, and the declaration shall be returned to the registrar of the sub-district in which the birth occurred.

(6) Subject to the provisions of paragraphs (7) and (8), when the said registrar receives a declaration which serves the purposes of section 9 of the Act (whether a declaration made solely for the purposes of that section or a declaration made in a case to which section 6 or 7 of the Act applies) he shall, if the birth has not to his knowledge already been registered, enter the particulars of the birth in his register in the following manner:—

(a) in spaces 1 to 13 of the entry, he shall enter the particulars as appearing in the corresponding spaces of the declaration, so, however, that where any particular has been corrected in pursuance of paragraph (4) 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 (Signature of informant) he shall write the name of the declarant in the form in which it is signed in the declaration, and shall add the words “by declaration dated …” , inserting the date on which the declaration was made and signed.

(7) If more than 3 but less than 12 months have elapsed since the date of the birth of the child, the registrar shall make the entry in the presence of the superintendent registrar in whose district the birth occurred, and the superintendent registrar and registrar shall sign the entry, adding their official descriptions.

(8) If more than 12 months have elapsed since the date of the birth of the child, the registrar shall not make the entry until he has received the written authority of the Registrar General to register the birth; and below the date of registration in space 15 the registrar shall enter the words “On the authority of the Registrar General” , and the superintendent registrar and registrar shall sign the entry, adding their official descriptions.

Section 25Alteration or giving of name after registration

(1) An entry in pursuance of section 13 of the Act (which relates to registering or altering the name of a child) shall be made in space 17 of the entry of birth by the registrar or superintendent registrar having custody of the register in which the birth is registered.

(2) Where an entry is made in pursuance of the said section 13, the registrar or superintendent registrar, as the case may be, shall enter the name shown in the certificate given in pursuance of the said section 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 that a name was given in baptism, 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 that a name was given otherwise than in baptism, add the words “on certificate of naming dated …” , inserting the date on which the certificate was signed.

Section 26Attendance of parent

Where under Section 14 of the Act the Registrar General authorises the re-registration of the birth of a legitimated person, a parent of the legitimated person shall, if required by the Registrar General, attend personally within such time as the Registrar General may specify at the office of the registrar of births and deaths for the sub-district in which the birth occurred.

Section 27Relevant date for particulars

The provisions of regulation 17 shall apply to this Part of these regulations except that the surname to be recorded in respect of the mother of a child shall be her surname immediately after her marriage to the father.

Section 28Making of entry where parent attends

(1) The registrar of the sub-district in which such a birth occurred shall read or show to the parent the particulars entered in the Registrar General's authority, and if it appears that there is any error or omission therein shall correct it in such manner as the Registrar General may direct.

(2) The registrar shall in the presence of the parent copy the particulars recorded in the spaces of the authority into the corresponding spaces of the entry so, however, that where any particular has been corrected in pursuance of paragraph (1) he shall enter only the particular as corrected, omitting any incorrect particular which has been struck out.

(3) The registrar shall enter in the register 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.

(4) The registrar shall enter the date on which the entry is made and add the words “On the authority of the Registrar General” .

(5) When the registrar has signed the entry in space 16 he shall add his official description.

Section 29Making of declaration where parent does not attend

(1) A parent who is in England or Wales may with the consent of the Registrar General verify the particulars required to be registered on the re-registration of the birth of a legitimated person by making and signing before a registrar other than the registrar for the sub-district in which the birth occurred a declaration of the particulars, on a form provided for the purpose by the Registrar General; and any such declaration shall be attested by the registrar before whom it was made and sent by him to the registrar for the sub-district in which the birth occurred.

(2) A parent who is not in England or Wales may with the consent of the Registrar General verify the particulars required to be registered as aforesaid by making and signing before an authority specified in paragraph (3), (4) or (5), as the case may be, and sending to the Registrar General, a declaration of the particulars on a form provided for the purpose by the Registrar General.

(3) In the case of a parent who is in Scotland, Northern Ireland, the Isle of Man, the Channel Islands or any other country of the Commonwealth or in the Irish Republic, the authorities before whom a declaration may be made are a notary public and any other person lawfully authorised to administer oaths in that country or place.

(4) In the case of a parent who is not in England or Wales or in any country or place mentioned in paragraph (3), the authorities before whom a declaration may be made are one of Her Majesty's consular officers, a notary public and any other person lawfully authorised to administer oaths in that country or place; but a declaration made before an authority other than one of Her Majesty's consular officers shall be authenticated by such an officer, if the Registrar General so requires.

(5) In the case of a parent who is a member of Her Majesty's Forces and who is not in the United Kingdom, the authorities before whom a declaration may be made shall include any officer who holds a rank not below that of Lieutenant-Commander, Major, or Squadron-Leader.

Section 30Making of entry in pursuance of declaration

(1) On receiving the Registrar General's authority and consent to re-register a birth under regulation 29 and the declaration made for the purposes thereof, the registrar for the sub-district in which the birth occurred shall copy the particulars recorded in the spaces of the declaration into the corresponding spaces of the entry and shall enter the qualification of the informant as “father” or “mother”, as the case may be; and he shall enter in space 14 the words “by declaration dated …” and the date on which the declaration was made and signed.

(2) After entering such particulars the registrar shall complete the entry in the manner provided in regulation 28(4) and (5).

Section 31Making of entry when particulars not verified by parent

Where so directed by the Registrar General the registrar for the sub-district in which the birth of a legitimated person occurred shall re-register the birth in such manner as the Registrar General in his authority may direct, although the particulars to be registered are not verified by a parent; and in any such case the registrar shall enter in the space for the signature the words “On the authority of the Registrar General” without any further entry in that space.

Section 32Noting of previous entry

The superintendent registrar or the registrar having the custody of the register in which the birth was previously registered shall, when so directed by the Registrar General, note the previous entry of the birth with the words “Re-registered under section 14 of the Births and Deaths Registration Act 1953 on …”, inserting the date of re-registration, and shall make a certified copy of the previous entry, including a copy of the note, and send the copy to the Registrar General.

Section 33Certified copies of re-registered entries

Where application is made to a registrar or a superintendent 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, he shall supply a certified copy of the entry of re-registration; and no certified copy of the previous entry shall be given except under the direction of the Registrar General.

Section 34Declaration in respect of a person born at sea

Where information is furnished to the Registrar General for 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 parent of the legitimated person may verify the particulars required to be registered on the re-registration of the birth of that person by making and signing a declaration of such particulars, on a form provided by the Registrar General for the purpose, before any registrar in England and Wales or such authority specified in regulation 29(3), (4) or (5) as may be applicable, and sending that declaration to the Registrar General.

Section 35Entry in respect of a person born at sea

A person deputed for the purpose by the Registrar General, on receiving his authority to re-register the birth of a legitimated person who was born at sea and whose birth was included in a return sent to the Registrar General, shall make the entry in a register to be kept at the General Register Office in form 4, in such manner as the Registrar General may direct.

Section 36Noting of previous entry

Where an entry is made under regulation 35, a person deputed as aforesaid shall note any previous record of the birth in the custody of the Registrar General with the words “Re-registered under section 14 of the Births and Deaths Registration Act 1953, on …” , inserting the date of re-registration, and shall send a copy of the previous record, including a copy of the note, certified under the seal of the General Register Office, to the authority from whom that record was received by the Registrar General.

Section 37Marking of birth entry of adopted child

(1) A superintendent registrar or a registrar shall, when so directed by the Registrar General acting pursuant to the Adoption Acts 1958 to 1968 —

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

(b) add his signature and official description; and

(c) make and send to the Registrar General a certified copy of the entry showing the marking.

(2) A superintendent registrar or a registrar shall, when so directed by the Registrar General acting pursuant to the Adoption Acts 1958 to 1968—

(a) strike through any marking as to adoption in the margin of any 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” ;

(b) add his signature and official description; and

(c) make and send to the Registrar General a certified copy of the entry showing the cancelled marking and the note with respect to its cancellation.

Section 38Reproduction of marking in certified copy

Where a certified copy of an entry of birth relating to an adopted person is given under the provisions of sections 30, 31, or 32 of the Act (which relate to searches of registers and indexes) the certified copy shall include a copy of the marking made in pursuance of regulation 37(1).

Section 39Application to still-births of certain provisions relating to births

The proviso to section 1(1) of the Act (which requires a registrar to register the birth of a living new-born child found exposed in his sub-district) shall apply to a still-born child as it applies to a live-born child; and section 3 of the Act (which requires information of birth particulars to be given when a living new-born child is found exposed) shall apply to a still-born child as it applies to a live-born child, subject to the modification that the words “and of any person in whose charge the child may be placed” shall be omitted.

Section 40Particulars to be registered

The particulars concerning a still-birth required to be registered pursuant to section 1 of the Act shall subject to the provisions of this Part of these regulations be the particulars required in spaces 1 to 13 in form 5; and form 5 shall be the prescribed form for still-birth registration for the purposes of section 5 of the Act.

Section 41Manner of registration

(1) In the case of any still-birth with respect to which there has been delivered to the registrar:—

(a) a written certificate in form 6 of a medical practitioner or midwife as referred to in section 11(1)(a) of the Act (which section makes special provision as to registration of still-births) or

(b) a declaration as referred to in section 11(1)(b) thereof, in form 7,

the registrar, on receiving from an informant, at any time within 3 months after the date of the still-birth, information of the particulars required by regulation 40, shall (unless he takes action under regulation 43) register the still-birth in the presence of the informant by completing spaces 1 to 13 in form 5.

(2) Subject to the provisions of regulation 42, the provisions of regulations 17 to 21 shall, with any necessary modifications, apply to completing form 5 as they apply to completing form 1; but an informant shall not be required to verify space 2 on form 5.

Section 42Entry of nature of evidence of still-birth

(1) Where the still-birth is registered on the production of a written certificate of a medical practitioner or a midwife, the registrar shall enter in space 2 the cause of death precisely as stated therein, followed by the words “Certified by …” and the name and qualification of the medical practitioner or, as the case may be, the name of the midwife and the words “Certified Midwife” .

(2) Where the still-birth is registered on the production of a declaration as referred to in section 11(1)(b) of the Act, the registrar shall enter in space 2 the words “Declaration by informant” .

Section 43Reference to coroner

Where a registrar, on being given information as for still-birth, has reason to believe that the child was born alive, he shall report the matter to the coroner on a form provided by the Registrar General.

Section 44Registration of still-birth where no inquest is held

(1) Where, before the expiration of 3 months from the date of still-birth which has not already been registered, a registrar receives from a coroner a notification that he does not intend to hold an inquest thereon, the registrar shall, subject to the provisions of paragraph (2), take such steps as may be required to register the still-birth in accordance with regulations 41 and 42.

(2) Where the coroner 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 delivers to the registrar a certificate showing the result of that examination, the registrar shall enter in space 2 the cause of death precisely as stated therein, followed by the words “Certified by …” and the name and qualification of the medical practitioner who made the examination, and the words “after post-mortem held by direction …” and the name and description of the coroner.

Section 45Registration of still-birth after inquest

Where, before the expiration of 3 months from the date of a still-birth which he is required to register, a registrar receives a coroner's certificate upon an 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 register the still-birth as follows:—

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

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

(c) in space 11 he shall enter the name and description of the coroner;

(d) in space 15 he shall enter the date on which the entry is made, and in space 16 he shall sign the entry and add his official description.

Section 46Annotation of previous entry

If, in any case to which regulation 45 applies, the registrar ascertains that an entry in respect of the child has previously been made in any register of births, still-births or deaths he shall, after registering the still-birth in accordance with the said regulation—

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

(b) if the previous entry is in a birth or death register in his custody, write in the margin of the previous entry “This entry relates to a still-birth and is registered at entry No. … in the still-birth register” and the number of the new entry, and add his initials.

Section 47Certificate for disposal

(1) The form of a certificate of a registrar under section 11(2) of the Act (which relates to preliminaries to disposal of bodies) that he has registered a still-birth shall be form 8.

(2) A certificate of a registrar under section 11(2) of the Act that he has received notice of a still-birth shall be given on a form provided by the Registrar General but a registrar shall not give such a certificate 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 investigations which he intends to make and has not issued any order or certificate for the purpose of the disposal of the body.

Section 48Particulars to be registered and certificate of cause of death

(1) The particulars concerning a death required to be registered pursuant to section 15 of the Act (which requires prescribed particulars of deaths to be registered) shall, subject to the provisions of this Part of these regulations, be the particulars required in spaces 1 to 8 in form 9; and form 9 shall be the prescribed form for the purposes of section 20 of the Act (which provides for registration of death free of charge).

(2) The form of a certificate of cause of death shall be form 10.

(3) The form of notice required by section 22(2) of the Act to be given by a medical practitioner to a qualified informant shall be form 11.

Section 49Registration without reference to coroner

(1) In the case of any death which occurred in the registrar's sub-district with respect to which a certificate of cause of death has been delivered to the registrar and which has not been and is not required to be reported to the coroner the registrar shall, on receiving from an informant, at any time within 12 months of the date of the death, information of the particulars required by regulation 48(1), register the death in the presence of the informant by completing spaces 1 to 8 in form 9.

(2) Where a child lived for less than 24 hours, the registrar shall enter after the date of the child's death the word “Aged …” and the age in completed hours or, if less than one hour, in minutes.

(3) Where the death relates to a dead body in relation to which the date and place of death are unknown, the registrar shall enter in space 1 the words “Dead body found on …” and the date of finding the body, followed by “at …” and the place of finding.

(4) Where the deceased was a child under the age of 15, the registrar shall enter in space 6 the words “son (or daughter) of …” and the name and occupation of the father or, if the name and occupation of the father is not given, the words “son (or daughter) of …” and the name and occupation of the mother.

(5) Where the deceased was a female aged 15 or over, the registrar shall enter—

(a) in the case of a married woman or widow, her own occupation and the words “wife (or widow) of …” and the name and occupation of her husband or deceased husband;

(b) in any other case, her own occupation.

(6) The registrar shall enter in space 8 the cause of death precisely as certified in the medical certificate, followed by the words “Certified by …” and the name and qualification of the medical practitioner who gave the medical certificate.

Section 50Verification of particulars

(1) After completing spaces 1 to 8 in the entry, the registrar shall call upon the informant to verify the particulars entered in spaces 1 to 7; and if it appears that any error has been made in those particulars, the registrar shall thereupon in the presence of the informant make the necessary correction in the manner provided in regulation 72.

(2) The registrar shall then call upon the informant to sign the entry in space 9; and when the registrar has signed the entry in space 11 he shall add his official description.

89 sections

Cite this legislation

The Registration of Births, Deaths and Marriages Regulations 1968 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-1968-2049

Contains public sector information licensed under the Open Government Licence v3.0.

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