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

Amendment of the Births and Deaths Registration Act 1953

3.—(1) The Births and Deaths Registration Act 1953(1) is amended as follows.

(2) In section 11 (special provision as to registration of still-birth), in subsection (2)(2), omit “under his hand”.

(3) In section 13 (registration of name of child or of alteration of name), after subsection (1A)(3), insert—

“(1B) Where a certificate delivered under subsection (1) is in an approved electronic form, the registrar or superintendent registrar may (subject to the terms of any approval given by the Registrar General under section 39(2)) discharge the duty set out in subsection (1A)(a) by incorporating into the certificate (or a copy of it), or associating to the certificate (or a copy of it), an electronic signature and a statement that the entry mentioned in subsection (1) has been made.”.

(4) In section 24 (certificates as to registration of death)—

(a) in subsection (1)(4), for “under his hand”, substitute “in writing”;

(b) in subsection (5), for the words from “as to the person” to “certificate or order”, substitute “as to any person to whom the certificate or order has been given or sent”.

(5) In section 26 (quarterly returns to be made by registrar to superintendent registrar)—

(a) in paragraph (1)(b)(5)—

(i) omit “, either”,

(ii) for the words from “in the prescribed form” to “under his hand, or”, substitute “a certificate in the prescribed form to that effect.”,

(iii) omit paragraph (b)(ii);

(b) in subsection (2)(6), for “under his hand”, substitute “in writing”;

(c) in subsection (4)(7), omit the definitions of “approved” and “electronic signature”.

(6) In section 29 (correction of errors in registers), in subsection (4)(8), for “under his hand”, substitute “in writing”.

(7) In section 31 (searches of indexes kept by superintendent registrars), for “under the hand of”, substitute “issued by”.

(8) In section 32 (searches in registers kept by registrars)(9), for “under his hand”, substitute “by the registrar”.

(9) In section 37 (penalty for forging certificate, etc)(10) after “order”, in each place it occurs, insert “(including any copy of the same in an approved electronic form)”.

(10) In section 39 (regulations)(11)—

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

(b) the existing text becomes subsection (1) of that section;

(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.”.

(11) In section 40 (sending documents by post)—

(a) in the heading, for “Sending documents by post”, substitute “Sending and providing notices, information or other documents”;

(b) for “Any notice”, substitute “Where any notice”;

(c) for the words from “required by” to “by post.”, substitute—

“is required to be given, sent, delivered, produced, supplied, transmitted or otherwise provided for any purpose of this Act, the requirement may be met by—

(a) sending the document by post, or

(b) providing the document, or a copy of it, in an approved electronic form.”.

(12) After section 40, insert—

“40A    Original documents may be in an approved electronic form

If a declaration made or certificate issued in the prescribed form for the purposes of this Act is made or issued in electronic form, it must be made or issued in an approved electronic form.”.

(13) In section 41 (interpretation)—

(a) in subsection (1)(12), after the definition of “the 2009 Act”, insert—

““approved electronic form” means any form of electronic communication or electronic storage (including an electronic signature) approved by the Registrar General pursuant to the powers conferred under section 39(2) of this Act;”;

(b) 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)

1953 c. 20.

(2)

Subsection (2) was amended by the Population (Statistics) Act 1960 (c. 32), section 2.

(3)

Subsection (1A) was inserted by S.I. 2006/2809.

(4)

Subsection (1) was amended by the Coroners and Justice Act 2009 (c. 25), section 177(1) and Schedule 3, paragraphs 6 and 17. The amendment introduced by the Coroners and Justice Act 2009 is yet to be brought into force.

(5)

Paragraph 1(b) was substituted by S.I. 2006/2809.

(6)

Subsection (2) was amended by S.I. 2006/2809.

(7)

Subsection (4) was inserted by S.I. 2006/2809.

(8)

Subsection (4) was substituted by the Criminal Law Act 1977 (c. 45), section 65 and Schedule 12 and amended by the Coroners Act 1980 (c. 38), section 1 and Schedule 2, and amended by the Coroners Act 1988 (c. 13), section 36(1) and Schedule 3, paragraph 5. Subsection (4) was also amended by the Coroners and Justice Act 2009 (c. 25), section 177(1) and Schedule 21, Part 1, paragraphs 6, 18(1), (3), and (4) and Schedule 23, Part 1.

(9)

Section 32 was amended by the Immigration Act 2016 (c. 19), sections 89(1) and (2)(b), and by Schedule 15, Part 2, paragraphs 21 and 25.

(10)

Section 37 was amended by the Forgery and Counterfeiting Act 1981 (c. 45), section 30 and Schedule 1, Part 1, and by the Criminal Law Act 1977 (c. 45), section 31(6).

(11)

Section 39 was amended by the Welfare Reform Act 2009 (c. 25), section 177(1) and Schedule 6, Part 1, paragraphs 1 and 16, and amended by the Deregulation Act 2015 (c. 20), section 98, and by the Immigration Act 2016 (c. 19), Schedule 15, Part 2, paragraphs 21 and 29. Amendments by the Welfare Reform Act 2009 and the Deregulation Act 2015 are yet to be brought into force.

(12)

The current text of section 41 has been renumbered as subsection (1) by the Coroners and Justice Act 2009 (c. 25), section 177(1) and Schedule 21, Part 1, paragraphs 6 and 21(2). The amendment is yet to be brought into force.