Registration (Births, Still-Births and Deaths) (Amendment) Regulations (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 500

REGISTRATION OF BIRTHS, DEATHS, ETC.

Registration (Births, Still-Births and Deaths) (Amendment) Regulations (Northern Ireland) 1996

Made

21st October 1996

Coming into operation

2nd December 1996

The Department of Finance and Personnel in exercise of the powers conferred on it by Articles 10(1), 14(3), 16(1), 18(2) and 19A(2) of the Births and Deaths Registration (Northern Ireland) Order 1976(1) and of all other powers enabling it on that behalf, hereby makes the following Regulations.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Registration (Births, Still-births and Deaths) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 2nd December 1996.

(2) In these Regulations “the principal Regulations” means the Registration (Births, Still-births and Deaths) Regulations (Northern Ireland) 1973(2) and unless the context otherwise requires, any reference to a numbered regulation or schedule is a reference to the regulation or schedule bearing that number in the principal Regulations.

Interpretation of principal regulations

2.—(1) In regulation 2(1) after the definition of “the Act” there shall be inserted:—

““the 1976 Order” means the Births and Deaths Registration (Northern Ireland) Order 1976”.

(2) In the principal Regulations for the words “the informant” and “an informant” wherever they occur, there shall be substituted the words “the qualified informant” and “a qualified informant” whichever is appropriate.

Amendment of regulation 11 (particulars to be registered)

3.  For regulation 11, there shall be substituted the following regulation—

“Particulars to be registered

11.— (1) The particulars to be registered concerning a birth shall be the particulars required to be entered in form 1.

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

(3) If more than one living child is born at a confinement the time of birth shall be entered after the date of birth.

(4) If the birth is that of a living infant child found exposed and the date of birth is unknown then, subject to Article 11(3) of the 1976 Order, the approximate date of birth shall be entered.

(5) If the birth is that of a living infant child found exposed and the place of birth is unknown, then details of the place where, and the date on which, the child was found shall be entered.

(6) If the father has acquired a surname different from that borne by him at the date of the birth, the name and surname as at the date of birth shall be entered, followed by the surname subsequently acquired.

(7) If the father is deceased, the word “deceased” shall be entered following his surname.

(8) If the parents of the child were not married to each other at the time of the birth, details of the father’s occupation shall not be entered unless his name has been entered as the father in accordance with Article 14(3) of the 1976 Order.

(9) If the mother has acquired a surname different from that borne by her at the date of the birth, there shall be entered the name and surname as at the date of the birth, followed by the surname subsequently acquired.”

Amendment of regulation 12 (verification of particulars)

4.  In regulation 12, for the words “spaces 1 to 14” there shall be substituted the words “form 1”.

Revocation of regulations 13 and 14

5.  Regulations 13 and 14 are hereby revoked.

Amendment of regulation 15 (signature etc. of registrar)

6.  In regulation 15 for the words “the entry in space 17” there shall be substituted the words “at the appropriate place”.

Amendment of regulation 16

7.—(1) In the heading of regulation 16, the word “Illegitimate” shall be omitted.

(2) For paragraph (1) of regulation 16, there shall be substituted the following paragraphs—

“(1) The form of a declaration made by the mother of the child for the purposes of Article 14(3)(b)(i) of the 1976 Order shall be form 4.

(1A) The form of a declaration made by the father of the child for the purposes of Article 14(3)(c)(i) of the 1976 Order shall be form 4A.

(1B) The form of a declaration made by the mother or the father of the child for the purposes of paragraph (3)(d)(ii), (3)(e)(ii), (3)(f)(ii) and (3)(g)(ii) of Article 14 of the 1976 Order shall be form 4B”.

Amendment of regulation 18 (particulars to be registered)

8.  In regulation 18—

(a) In paragraph (1) the words “in spaces 1 to 12” are hereby revoked;

(b) In paragraph (2) for “13” there shall be substituted “12” and for the words from “the entry” to the end there shall be substituted the words “particulars of the cause of the still-birth”; and

(c) In paragraph (3) for the words from the beginning to “the cause” there shall be substituted the words “The cause”.

Amendment of regulation 21 (registration of still-birth where inquest is not held)

9.  In regulation 21 for the words “space 4, following” there shall be substituted the words “the entry relating to”.

Amendment of regulation 22 (registration of still-birth after inquest)

10.  In regulation 22 for the words “the still-birth” to the end there shall be substituted the words “the particulars to be registered concerning the still-birth shall be the particulars required to be entered in form 2 other than those particulars relating to the qualified Informant”.

Amendment of regulation 34 (manner of re-registration)

11.—(1) In regulation 34(2)(a) for the words from “regulations” to the end there shall be substituted the words “regulation 12”.

(2) In regulation 34(2)(b) for the words from “regulations” to “(as they are” there shall be substituted the words “regulation 12 (as it is”.

(3) After regulation 34 there shall be inserted the following regulation—

“Re-registration after declaration of parentage

34A.   Under Article 19(A) of the 1976 Order the particulars to be re-registered concerning a birth shall be the particulars required to be entered in form 1”.

Substitution and insertion of Forms in Schedule 1

12.  In Schedule 1 (prescribed forms)—

(a) for forms 1, 2, 4, 6 and 17 there shall be substituted forms 1, 2, 4, 6 and 17 respectively in Part I of the Schedule to these Regulations; and

(b) after form 4 there shall be inserted forms 4A and 4B in Part II of the Schedule to these Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 21st October 1996.

L.S.

Edgar F. Jardine

Assistant Secretary

Regulation 11(1)

SCHEDULE

Part I

Form 1 Particulars for Registration of a BirthBirths and Deaths Registration (Northern Ireland) Order 1976 Article 10(1)

Regulation 18(1)

Form 2 Particulars for Registration of a Still-birthBirths and Deaths Registration (Northern Ireland) Order 1976 Article 16(1)

Regulation 16(1)

Form 4 Declaration by mother of a child for the Registration/Re-registration of a BirthBirths and Deaths Registration (Northern Ireland) Order 1976 Article 14(3)(b)(i)

Regulation 16(1)

Part II

Form 4A Declaration by father of a child for the Registration/Re-registration of a birthBirths and Deaths Registration (Northern Ireland) Order 1976 Article 14(3)(c)(i)

Regulation 16(1)

Form 4B Declaration by parent on request for the registration/re-registration of a birthBirths and Deaths Registration (Northern Ireland) Order 1976 Article 14(3)(d)-(g)

Regulation 20(a)

Form 6 Coroner’s certificate after inquest (still-birth)Births and Deaths Registration (Northern Ireland) Order 1976 Article 16(1)

Regulation 37(2)

Form 17 Application for recording of change of name or surname (child aged over 2 years and under 18 years)Births and Deaths Registration Act (Northern Ireland) 1967, Section 49(3)

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Registration of (Births, Still-Births and Deaths) Regulations (Northern Ireland) 1973.

The amendments fall into two categories.

The first category of amendments are consequent on the coming into force of Paragraphs 83 to 88 of Schedule 9 to the Children (Northern Ireland) Order 1995. The amendments relate to the registration or re-registration of the births of children whose parents are not married to each other; to associated declarations and to the insertion into the Regulations of regulation 34A relating to the re-registration of a birth following a declaration of parentage or legitimacy under Article 32(4) of the Family Proceedings (Northern Ireland) Order 1989.

The second category of amendments relate to changes to the forms prescribed for the registration of live births and still-births (including after inquest) to insert a specific reference to the mother’s occupation and in the case of a still-birth to provide for any name or names and surname given to such a child.

A minor amendment is also made to the prescribed application form for the recording of a change of name or surname in respect of a child.

(1)

S.I. 1976/1041 (N.I. 14) as amended by Article 3 of the Still-birth (Definition) (Northern Ireland) Order 1992, S.I. 1992/1310 (N.I. 10) and paragraphs 83 to 88 of Schedule 9 to the Children (N.I.) Order 1995, S.I. 1995/755 (N.I. 2)

(2)

S.R. 1973 No. 373