National Health Service Act 1977

124 Special notices of births and deaths. E+W+S

(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.

(2) It is the duty of each registrar of births and deaths to furnish, to the prescribed medical officer of the Area [F1 or District] Health Authority of which the area [F1 or district] includes the whole or part of the registrar’s sub-district, such particulars of each birth and death which occurred in the Authority’s area [F1 or district] as are entered (on and after 1st April 1974) in a register of births or deaths kept for that sub-district.

(3) Regulations may provide as to the manner in which and the times at which particulars are to be furnished in pursuance of subsection (2) above.

(4) In the case of every child born, it is the duty—

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

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

to give notice of the birth (as provided in subsection (5) below) to the prescribed medical officer of the Area [F1 or District] Health Authority for the area [F1 or district] in which the birth takes place.

This subsection applies to any child which has issued forth from its mother after the expiry of the twenty-eighth week of pregnancy whether alive or dead.

(5) Notice under subsection (4) above shall be given either—

(a) by posting within 36 hours after the birth a prepaid letter or postcard addressed to the prescribed medical officer of the Area [F1 or District] Health Authority at his office and containing the required information, or

(b) by delivering within that period at that officer’s office a written notice containing the required information,

and an Area [F1 or District] Health Authority shall, upon application to them, supply without charge to any medical practitioner or midwife residing or practising within their area [F1 or district] prepaid addressed envelopes together with the forms of notice.

(6) Any person who fails to give notice of a birth in accordance with subsection (4) above is liable on summary conviction to a fine not exceeding [F2 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.

Proceedings in respect of this offence shall not, without the Attorney-General’s written consent, be taken by any person other than a party aggrieved or the Area [F1 or District] Health Authority concerned.

(7) A registrar of births and deaths shall, for the purpose of obtaining information concerning births which have occurred in his sub-district, have access at all reasonable times to notices of births received by a medical officer under this section, or to any book in which those notices may be recorded.

Textual Amendments

F1 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1, para. 75

F2 Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46