National Health Service Act 2006

269 Special notices of births and deaths E+W

(1) The requirements of this section with respect to the notification of births and deaths are in addition to, and not in substitution for, the requirements of any Act relating to the registration of births and deaths.

[F1 (2) Each registrar of births and deaths must furnish to such relevant body or bodies as may be determined in accordance with regulations the particulars of such births or deaths entered in a register of births or deaths kept for the registrar's sub-district as may be prescribed.]

(3) Regulations may provide as to the manner in which and the times at which particulars must be furnished under subsection (2).

(4) In the case of each child born—

(a) the child's father, if at the time of the birth he is residing on the premises where the birth takes place, and

(b) any person in attendance upon the mother at the time of, or within six hours after, the birth,

must give notice of the birth to [F2 such relevant body or bodies as may be determined in accordance with regulations].

(5) Subsection (4) applies to any child which is born after the expiry of the twenty-fourth week of pregnancy whether alive or dead.

(6) Notice under subsection (4) [F3 to a relevant body] must be given either—

(a) by posting within 36 hours after the birth a prepaid letter or postcard addressed to [F4 the body] at its offices and containing the required information, or

(b) by delivering within that period at the offices of [F4 the body] a written notice containing the required information.

(7) [F5 A relevant body to whom notice is required to be given under subsection (4)] must, upon application to it, supply without charge to [F6 such descriptions of medical practitioners or midwives as may be prescribed] prepaid addressed envelopes together with the forms of notice.

(8) Any person who fails to give notice of a birth in accordance with subsection (4) is liable on summary conviction to a fine not exceeding level 1 on the standard scale, unless he satisfies the court that he believed, and had reasonable grounds for believing, that notice had been duly given by some other person.

(9) Proceedings in respect of an offence under subsection (8) must not, without the Attorney-General's written consent, be taken by any person other than a party aggrieved or [F7 the relevant body or bodies to whom the failure relates].

(10) A registrar of births and deaths must, for the purpose of obtaining information concerning births which have occurred in his sub-district, have access at all reasonable times to—

(a) notices of births received by [F8 a relevant body] under this section, or

(b) any book in which those notices may be recorded.

[F9 (11) For the purposes of this section, the following are relevant bodies—

(a) [F10 NHS England],

[F11 (b) integrated care boards,]

(c) local authorities.

(12) Information received by a local authority by virtue of this section may be used by it only for the purposes of functions exercisable by it in relation to the health service.

(13) In this section, “local authority” has the same meaning as in section 2B.]

Textual Amendments

F1 S. 269(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 284(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2 Words in s. 269(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 284(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 Words in s. 269(6) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 284(4)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 Words in s. 269(6) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 284(4)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 Words in s. 269(7) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 284(5)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6 Words in s. 269(7) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 284(5)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7 Words in s. 269(9) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 284(6), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8 Words in s. 269(10)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 284(7), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9 S. 269(11)-(13) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 284(8), 306(4) (with s. 284(9)); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F11 S. 269(11)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 128; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)