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PART XE+WREGISTRATION OF DEATHS

Particulars to be registeredE+W

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 [F11 to 7 and 9] 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).

Textual Amendments

Commencement Information

I1Reg. 39 in force at 1.1.1988, see reg. 1

Certificate of cause of deathE+W

F240.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2Reg. 40 in force at 1.1.1988, see reg. 1

Reference to coronerE+W

F341.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F4Registration where no report to coroner]E+W

42.—[F5(1) Paragraph (1A) applies where—

(a)the relevant registrar receives from any qualified informant information of the particulars required to be registered concerning a person’s death;

(b)no investigation into the death under Part 1 of the 2009 Act is conducted; and

(c)in accordance with regulations under section 20 of the 2009 Act (medical certificate of cause of death)—

(i)the registrar is given a confirmed attending practitioner’s certificate, or a medical examiner’s certificate, and

(ii)the registrar is not required to invite the medical examiner to issue a revised confirmed attending practitioner’s certificate, or a revised medical examiner’s certificate.

(1A) The registrar shall 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 7 and 9 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, [F6or other parent,] 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–

[F7(i)the names and surnames of the mother, father and other parent are to be entered, whichever is appropriate, and the surname of the mother if it is different from the surname of the father or other parent]

[F8(ii)it is within the knowledge of the informant that the mother was known by the surname of the father or the surname of the other parent 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 [F9spouse] or deceased [F9spouse].

[F10(ba)where the deceased was a married man or widower, the registrar shall, after his occupation enter the words “Husband [or Widower] of …”, inserting the name, surname and occupation of his [F11spouse] or deceased [F11spouse];

(bb)where the deceased was a civil partner or surviving civil partner, the registrar shall, after his occupation enter the words “Civil partner [or Surviving civil partner] of …”, inserting the name, surname and occupation of his civil partner or deceased civil partner.]

[F12(bc)the name, surname and occupation of adoptive parent(s) shall also be entered in space 6.]

[F13(4) In space 9 (cause of death) the registrar—

(a)shall enter the cause of death precisely as stated in the confirmed attending practitioner’s certificate, or in the medical examiner’s certificate, and

(b)shall enter the words—

(i)“Established by .. ...”, inserting the name, surname and qualifications of the attending practitioner who signed the attending practitioner’s certificate, as stated in the certificate, followed by the words “Scrutinised and confirmed by .. .. Medical Examiner”, inserting the name, surname and qualifications of the medical examiner who confirmed the cause of death, as stated in the certificate, or

(ii)“Established and confirmed by .. .. Medical Examiner, following referral by a coroner”, inserting the name, surname and qualifications of the medical examiner who signed the medical examiner’s certificate, as stated in the certificate.]

(5) After entering the required particulars in spaces [F141 to 7 and 9], 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 [F15when the entry is being prepared in manuscript].

(7) The registrar shall then–

(a)call upon the informant to sign the entry in space [F168];

(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.

Textual Amendments

Commencement Information

I3Reg. 42 in force at 1.1.1988, see reg. 1

[F17Declaration and registration under section 23A of the ActE+W

42A.—(1) The officer before whom a declaration for the purposes of section 23A of the Act (giving of information concerning a death to a person other than the registrar) may be made shall be any registrar other than the relevant 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 death, 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, [F18where the declaration is being prepared in manuscript] requiring the informant to initial any amendment and then to sign the declaration;

(c)attest the declaration himself; and

(d)send the declaration to the relevant registrar in accordance with section 23A(3) of the Act.

(3) [F19Where] 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 F20... 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 death in the register in the following manner—

(a)in spaces 1 to 7 of form 13, 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 [F219] of form 13 he shall enter the cause of death [F22as it appears in the confirmed attending practitioner’s certificate or in the medical examiner’s certificate given to the registrar in accordance with regulations under section 20 of the 2009 Act];

(c)in space [F238] of form 13 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;

(d)in space 10 of form 13 he shall enter the date on which the entry is made; and

(e)in space 11 of form 13 he shall sign the entry, adding his official description.]

Textual Amendments

Registration where inquest is not heldE+W

[F2443.—(1)  Where the registrar is notified by the coroner that an investigation into a death has been discontinued under section 4 of the 2009 Act and the coroner certifies the cause of death in his notification, the registrar shall, subject to paragraph (2), take such action as may be required to register the death and the particulars on form 13, in accordance with regulation 42(2) to (7) or, if a declaration is made for the purposes of section 23A of the Act, in accordance with regulation 42A(4).

(2) The registrar shall enter in space 9 of form 13 the cause of death precisely as stated in the notification from the coroner followed by the words—

(a)“Certified by .. .. for .. .. following investigation without post-mortem and without inquest”; or

(b)“Certified by .. .. for .. .. after post-mortem without inquest”;

as the case may be, inserting in the places provided the name, surname and description of the coroner and the name of the area for which the coroner has jurisdiction.

(3) Paragraph (4) applies where—

(a)no confirmed attending practitioner’s certificate, or medical examiner certificate, has been issued in accordance with regulations under section 20 of the 2009 Act in relation to a death;

(b)the registrar is notified by the coroner that they do not intend to conduct an investigation into the death, and

(c)at the time of the death, the deceased had a relevant association with a visiting force.

(4) The registrar shall take such action as may be required to register the death and the particulars on form 13, in accordance with regulation 42(2) to (7) or, if a declaration is made for the purposes of section 23A of the Act, in accordance with regulation 42A(4), except that the registrar shall enter in space 9 of form 13 the cause of death precisely as stated in the coroner’s notification.

(5) In paragraph (3), references to a visiting force, and to a person’s having, at the time of death, a relevant association with a visiting force, have the meaning given to those expressions in section 12 of the Visiting Forces Act 1952.

(6) This regulation is subject to regulation 43A.]

Textual Amendments

[F25Registration where a coroner’s certificate is provided to the registrar on request by the registrarE+W

43A.—(1)  This regulation applies where a death has not already been registered and—

(a)the coroner discontinues an investigation under section 4 of the 2009 Act;

(b)the coroner authorises the disposal of the body; and

(c)a qualified informant is unable or unwilling to provide and verify the particulars required to be registered in accordance with either regulation 42(2) to (7) or 42A(4).

(2) The registrar may request the coroner to provide a certificate stating any particulars required to be registered in accordance with the provisions of this regulation, so far as they have been ascertained by the coroner at the date of the certificate.

(3) On receipt of the coroner’s certificate the registrar shall register the death and the particulars in form 13, in accordance with regulation 45, except that—

(a)in space 7.(a) the registrar shall enter the words “Certificate received from .. .. pursuant to section 23(4) of the Births and Deaths Registration Act 1953.”, inserting the name and surname of the coroner in the place provided as stated in the certificate from the coroner;

(b)in spaces 7.(b), 7.(c) the registrar shall enter no particulars and draw a line through those spaces;

(c)in space 9 the registrar shall enter the cause of death precisely as stated in the certificate from the coroner, in accordance with regulation 43(2).]

Textual Amendments

Noting of existing entry on coroner’s notification of cause of deathE+W

44.  Where the registrar receives a notification as mentioned in [F26Regulation 43(1)] 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 [F279] of form 13, enter in its margin the words “ [F28Inquest discontinued under section 4 of the Coroners and Justice Act 2009 by .. ..]”, 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).

Textual Amendments

Commencement Information

I4Reg. 44 in force at 1.1.1988, see reg. 1

[F29Registration after receipt of declaration and coroner’s notification of cause of deathE+W

44A.  Where the registrar receives a notification as mentioned in regulation [F3043(1)] in respect of a death in respect of which a declaration has been made for the purposes of section 23A of the Act, but that death has not yet been registered, he shall register that death in accordance with regulation 42A and shall enter in the margin of the entry the particulars required by regulation 44(a).]

Textual Amendments

Registration after inquest [F31, or after an investigation by the coroner is suspended] E+W

45.  Where [F32the relevant registrar receives with reference to a death a coroner’s certificate after an inquest, or after an investigation is suspended under Schedule 1 to the 2009 Act or under section 7(1B) and (2) of the Visiting Forces Act 1952, the relevant registrar shall register the death (whether or not it has already been registered) as follows]–

(a)in spaces 1 to 6 and [F339] 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 [F348];

(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.

Textual Amendments

Commencement Information

I5Reg. 45 in force at 1.1.1988, see reg. 1

Noting of previous entry on registration after inquestE+W

46.  Where under regulation 45 F35... 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.

Textual Amendments

Commencement Information

I6Reg. 46 in force at 1.1.1988, see reg. 1

Registration after twelve monthsE+W

F3647.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I7Reg. 47 in force at 1.1.1988, see reg. 1