The Registration of Births and Deaths (Amendment) Regulations 1991

Statutory Instruments

1991 No. 2275

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES ETC.

ENGLAND AND WALES

The Registration of Births and Deaths (Amendment) Regulations 1991

Made

11th October 1991

Coming into force

14th October 1991

The Registrar General, in exercise of powers conferred by sections 1(1), 9(2) and (5), 10(1), 10A(1), 39 and 41 of the Births and Deaths Registration Act 1953(1) and all other powers enabling him in that behalf, with the approval(2) of the Secretary of State for Health(3), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Registration of Births and Deaths (Amendment) Regulations 1991 and shall come into force on 14th October 1991.

(2) In these Regulations—

“the Act” means the Births and Deaths Registration Act 1953(4); and

“the principal Regulations” means the Registration of Births and Deaths Regulations 1987(5) 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.

Amendment of regulation 9

2.—(1) Regulation 9 (entry of particulars on registration within three months from date of birth) is amended in accordance with the following provisions of this regulation.

(2) For paragraph 4(b) there shall be substituted the following paragraph—

“(b) in the case of a request made under paragraph (d), (e), (f) or (g) of section 10(1) of the Act and upon production of a declaration in Form 6A, the Registrar shall enter in space 4 of Form 1, name and surname of the father or putative father as recorded either in the parental responsibility agreement mentioned in paragraph (d) of that section or the order mentioned in paragraphs (e), (f) or (g) of that section.”.

(3) After paragraph 4 there shall be inserted the following paragraphenrule;

“(4A) Form 6A shall be the prescribed form of the declaration for the purposes of paragraphs (d) to (g) of section 10(1) of the Act.”.

Amendment of regulation 10

3.  For paragraph (b)(iv) of regulation 10(1) (completion of registration) there shall be substituted

“(iv) if made pursuant to paragraph (d) of that sub-section, the person making the request in which case the registrar shall add after his signature the words “Pursuant to section 10(1)(d) of the Births and Deaths Registration Act 1953”,

(v) if made pursuant to paragraph (e) of that sub-section, the person making the request, in which case the registrar shall add after his signature the words “Pursuant to section 10(1)(e) of the Births and Deaths Registration Act 1953,”

(vi) if made pursuant to paragraph (f) of that sub-section, the person making the request in which case the registrar shall add after his signature the words “Pursuant to section 10(1)(f) of the Births and Deaths Registration Act 1953,”

(vii) if made pursuant to paragraph (g) of that sub-section, the person making the request in which case the Registrar shall add after his signature the words “Pursuant to section 10(1)(g) of the Births and Deaths Registration Act 1953”.”.

Amendment of regulation 13

4.  In paragraph (4)(b)(ii) of regulation 13 (declaration and registration under section 9 of the Act)

(a) for the words “paragraph (b), (c) or (d) of section 10(1) of the Act” there shall be substituted the words “paragraph (b), (c), (d), (e), (f) or (g) of section 10(1) of the Act” and

(b) for the words “head (ii), (iii) or (iv)”, there shall be substituted the words “head (ii), (iii), (iv), (v), (vi) or (vii)”.

Amendment of regulation 14

5.  In paragraph (2) of regulation 14 (alteration or giving of name after registration)—

(a) in sub-paragraph (a) for the words “form 2” there shall be substituted the words “form 3”; and

(b) in sub-paragraph (b) for the words “form 3” there shall be substituted the words “form 4”.

Amendment of regulation 17

6.—(1) Regulation 17 (re-registration of birth) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraph (2)(b)(iii) there shall be substituted the following—

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

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

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

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

(3) In paragraph (3)(a)(iii) for the words “in a section 10A(1)(d) case” there shall be substituted the words “in a case under paragraph (d), (e), (f) or (g) of section 10A(1)”.

(4) For head (ii) of paragraph (3)(b) there shall be substituted the following head—

“(ii) in the case under paragraph (d), (e), (f) or (g) of section 10A(1), a declaration in Form 6B and either the parental responsibility agreement in a case mentioned in paragraph (d) or the order mentioned in paragraphs (e), (f) or (g) of that section.”.

(5) After sub-paragraph (b) of paragraph 3, there shall be added the following sub-paragraph—

“(c) Form 6B shall be the prescribed form of the declaration for the purposes of paragraphs (d) to (g) of section 10A(1) of the Act.”.

(6) In paragraph (4)(b)(ii) for the words—

(a) “in a section 10A(1)(b), (c) or (d) case” there shall be substituted the words “in a case under paragraph (b), (c), (d), (e), (f) or (g) of section 10A(1)” and

(b) for the words “head (i), (ii) or (iii)” there shall be substituted the words “head (i), (ii), (iii), (iv), (v) or (vi)”.

(7) In sub-paragraph (d) of paragraph (5) for the words “in a section 10A(1)(d) case” there shall be substituted the words “in a case under paragraph (d), (e), (f) or (g) of section 10A(1)”.

Substitution and insertion of forms in Schedule 2

7.  In Schedule 2 (prescribed forms)—

(a) for form 6 there shall be substituted the form 6 in Part I of the Schedule to these Regulations; and

(b) after form 6 there shall be inserted forms 6A and 6B in Part II of the Schedule to these Regulations.

Given under my hand on 11th October 1991

P. J. Wormald

Registrar General

Signed by authority of the Secretary of State for Health

Stephen Dorrell

Department of Health

11th October 1991

Regulation 7(a)

SCHEDULE

PART I

FORM 6 STATEMENT BY PARENT FOR THE RE-REGISTRATION OF A BIRTHRegulation 17(3)(a)(iii) Birthsand Deaths Registration Act 1953, s.9(5)

PART II

FORM 6A DECLARATION BY PARENT ON REQUEST FOR THE REGISTRATION OF A BIRTHRegulation 9(4) and (4A) Births and Deaths Registration Act 1953, s.10(1)(d)–(g)

FORM 6B DECLARATION BY PARENT ON REQUEST FOR THE RE-REGISTRATION OF A BIRTHRegulation 17(3) Births and Deaths Registration Act 1953, s.10A(1)(d)–(g)

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Registration of Births and Deaths Regulations 1987 (“the principal Regulations”).

Regulations 2, 3, 4, 6 and 8 amend respectively regulations 9, 10, 13, 17 and Schedule 2 of the principal regulations because of the coming into force on 14th October 1991 of paragraph 6 of Schedule 12 to the Children Act 1989. The amendments relate to registration or re-registration of the births of children whose parents are not married to each other.

Regulation 5 corrects two mistakes in regulation 14 of the principal regulations.

(1)

1953 c. 20. See section 41 (amended by virtue of S.I. 1968/1699, articles 2 and 5(4)(a)) for the definitions “the Minister” and “prescribed”. Section 1(1) was amended by paragraph 13(1) of Schedule 3 to the Children Act 1975 (c. 72). Section 9(5) was amended by section 93(3) of the Children Act 1975. Sections 10 and 10A were substituted by sections 24 and 25 respectively of the Family Law Reform Act 1987 (c. 42) and were further amended by section 108(4) and paragraph 6 of Schedule 12 to the Children Act 1989 (c. 41) (see S.I. 1991/828).

(2)

The approval of the Secretary of State is required by virtue of section 39 of the Births and Deaths Registration Act 1953.

(3)

Article 2 of the Secretary of State for Social Services Order (see S.I. 1968/1699) transferred all functions of the Minister of Health to the Secretary of State for Social Services and article 2(1) of the Transfer of Functions (Health and Social Security) Order 1988 (see S.I. 1988/1843) transferred certain of those functions, including those in relation to registration of births and deaths to the Secretary of State for Health.

(4)

1953 c. 20.

(5)

S.I. 1987/2088, amended by S.I. 1988/638 and 1989/497.