The Births and Deaths Registration (Electronic Communications and Electronic Storage) Order 2021

Amendment of the Births and Deaths Registration Act 1926

2.—(1) The Births and Deaths Registration Act 1926(1) is amended as follows.

(2) In section 1 (prohibition of disposal except on registrar’s certificate or coroner’s order)(2), after subsection (1), insert—

“(1A) For the purposes of subsection (1), a certificate, an order of the coroner or a written declaration may be delivered as a copy in an approved electronic form.

(1B) A declaration under subsection (1) may be made in an approved electronic form.”.

(3) In section 3 (notification of disposal to registrar)(3), after subsection (1), insert—

“(3) A notification under subsection (1) may be made and delivered in an approved electronic form.”.

(4) In section 5 (burial of still-born children)(4), after “delivered to him”, insert “(either physically or as a copy in an approved electronic form)”.

(5) In section 9 (regulations)(5)—

(a) in the heading, after “Regulations”, insert “and approval of electronic forms etc.”;

(b) the existing text becomes subsection (1);

(c) after that subsection, insert—

“(2) The Registrar General may approve forms of electronic communication or electronic storage (including an electronic signature) for the purposes of a provision of this Act.”.

(6) In section 12 (definitions)(6), after the definition of “Registrar”, insert—

““approved electronic form” means any form of electronic communication or electronic storage (including an electronic signature) approved by the Registrar General pursuant to section 9(2) of this Act;”.

(7) After the definition of “disposal”, insert—

““electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;

“electronic signature” has the meaning given in section 7(2) of the Electronic Communications Act 2000;”.

(1)

1926 c. 48.

(2)

Section 1 was amended by the Criminal Justice Act 1967 (c. 80), section 92(1) and Schedule 3, Part 1, and modified by the Births and Deaths Registration Act 1953 (c. 20), Schedule 1, paragraph 2.

(3)

Section 3 was amended by the Births and Deaths Registration Act 1953 (c. 20), section 43(2) and Schedule 2.

(4)

Section 5 was amended by the Coroners and Justice Act 2009 (c. 25), section 177(1) and Schedule 21, Part 1, paragraphs 2 and 4, and amended by the Births and Deaths Registration Act 1953 (c. 20), Schedule 1, paragraph 3.

(5)

Section 9 was amended by the Public Health Act 1936 (c. 49), section 346 and Schedule 3, Part 5, and amended by the Public Health (London) Act 1936 (c. 49), section 308 and Schedule 7; and amended by S. I. 2008/678.

(6)

Section 12 was amended by the Still-Birth (Definition) Act 1992 (c. 29), section 1(1) and by S.I. 2008/678.