xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

Section 18

SCHEDULE 13U.K.Registration of deaths and still-births

PART 1E+WEngland and Wales

InterpretationE+W

1(1)In this Part of this Schedule—E+W

(2)Expressions used in this Part of this Schedule and in the 1953 Act have the same meaning as in that Act.

Commencement Information

I1Sch. 13 para. 1 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

Information concerning deaths: England and WalesE+W

F12E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 13 para. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

Giving information other than in person and dispensing with signing the registerE+W

F23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 13 para. 3 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

Medical certificates of cause of deathE+W

F34E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Delivery of documents by alternative methodsE+W

F45E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 13 para. 5 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

Further modifications of the principal 1987 RegulationsE+W

F56E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 13 para. 6 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

Notification of death to coronerE+W

F67E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transitional provisionE+W

8E+WAnything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.

Commencement Information

I2Sch. 13 para. 8 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

9(1)This paragraph applies where, during any period for which paragraph 5 has effect, a person delivers a relevant document in reliance on that paragraph.E+W

(2)The person must give, deliver or send the document in accordance with the applicable legislation as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.

(3)The Registrar General may give a direction—

(a)setting a later deadline than the one specified in sub-paragraph (2), or

(b)dispensing with the duty under sub-paragraph (2).

(4)A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.

(5)A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.

(6)A registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—

(a)setting a later deadline than the one specified in sub-paragraph (2), or

(b)dispensing with the duty under sub-paragraph (2).

(7)In this paragraph—

Commencement Information

I3Sch. 13 para. 9 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

PART 2SScotland

Modifications etc. (not altering text)

InterpretationS

10(1)In this Part of this Schedule “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965.S

(2)Expressions used in this Part of this Schedule and in the 1965 Act have the same meaning as in that Act.

Commencement Information

I4Sch. 13 para. 10 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

Information concerning deathsS

11SA funeral director may for the purposes of section 23(1) of the 1965 Act give information concerning the death of a person if the funeral director—

(a)is responsible for the arrangement of the deceased's funeral, and

(b)is authorised by a relative of the deceased to give information concerning the death.

Commencement Information

I5Sch. 13 para. 11 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

Giving information other than in personS

12(1)A person who is required under the 1965 Act to give information about a death or still-birth to the district registrar for a registration district may give the information to the registrar—S

(a)by telephone, or

(b)by any other methods specified in guidance by the Registrar General,

if the person is unable to attend the registrar personally.

(2)A person is to be treated as unable to give information for the purposes of sub-paragraph (1) if it would be unreasonable for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the district registrar's office or any other reason).

(3)Where information is given under sub-paragraph (1)—

(a)if an approved digital means of attesting the death registration form or, as the case may be, register is available for the person providing the information (“the informant”) to use, the informant may attest the death registration form or, as the case may be, register by that means;

(b)otherwise—

(i)the informant must provide such details as to the informant's usual signature as the district registrar may require, and

(ii)if satisfied with those details, the registrar may in a manner specified in guidance by the Registrar General attest the death registration form or, as the case may be, register on behalf of the informant.

(4)For the purpose of sub-paragraph (3), “an approved digital means of attesting” is a means specified for that purpose in guidance issued by the Registrar General.

Commencement Information

I6Sch. 13 para. 12 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

Delivery of documents by alternative methodsS

13(1)Any relevant document may be given or delivered by any electronic or other means specified in guidance issued by the Registrar General.S

(2)“Relevant document” means a document relating to a death or still-birth that is required or permitted by or under the 1965 Act.

Commencement Information

I7Sch. 13 para. 13 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

GuidanceS

14SThe Registrar General may vary or revoke any guidance issued under this Part of this Schedule.

Commencement Information

I8Sch. 13 para. 14 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

Transitional provisionS

15SAnything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.

Commencement Information

I9Sch. 13 para. 15 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

16(1)This paragraph applies where, during any period for which paragraph 13 has effect, a person gives or delivers a relevant document in reliance on that paragraph.S

(2)The person must give, deliver or send the document in accordance with the 1965 Act as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.

(3)The Registrar General may give a direction—

(a)setting a later deadline than the one specified in sub-paragraph (2), or

(b)dispensing with the duty under sub-paragraph (2).

(4)A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.

(5)A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.

(6)A district registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—

(a)setting a later deadline than the one specified in sub-paragraph (2), or

(b)dispensing with the duty under sub-paragraph (2).

(7)In this paragraph “relevant document” has the same meaning as in paragraph 13.

Commencement Information

I10Sch. 13 para. 16 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

PART 3N.I.Northern Ireland

Modifications etc. (not altering text)

C2Sch. 13 Pt. 3 continued in part until immediately before 25.9.2022 (24.3.2022) by The Coronavirus Act 2020 (Registration of deaths and still-births) (Extension) Order (Northern Ireland) 2022 (S.R. 2022/160), arts. 1, 3

InterpretationN.I.

17(1)In this Part of this Schedule—N.I.

(2)In this Part of this Schedule—

(a)references to Articles are to Articles of the 1976 Order;

(b)references to Forms are to Forms in Schedule 1 to the 2012 Regulations.

(3)Expressions used in this Schedule and in the 1976 Order have the meaning given in that Order.

Modifications etc. (not altering text)

Commencement Information

I11Sch. 13 para. 17 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

Giving certificate of cause of still-birth directlyN.I.

18(1)This paragraph applies if—N.I.

(a)a registered medical practitioner or registered midwife is required under Article 15(5) to give an informant a certificate for the purposes of Article 15(3), and

(b)the certificate is signed during any period for which this paragraph has effect.

(2)The medical practitioner or, as the case may be, the registered midwife—

(a)must forthwith send a copy of the certificate to the registrar by electronic means;

(b)is not required to give the certificate to the informant (but may do so).

(3)The informant is not subject to any duty under Article 15(3) in relation to the certificate.

Modifications etc. (not altering text)

Commencement Information

I12Sch. 13 para. 18 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

19N.I.In accordance with paragraph 18, Form 10 has effect as if, in the opening lines, for “accompanied by” there were substituted “ and a copy of ”.

Modifications etc. (not altering text)

Commencement Information

I13Sch. 13 para. 19 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

Giving certificate of notice of still-birth directlyN.I.

20N.I.Article 15(7) (registrar receiving written notice of still-births) has effect as if—

(a)for “accompanied by such a certificate” there were substituted “ and a copy of such a certificate ”;

(b)for “person sending the notice” there were substituted “ person who has control over, or who ordinarily effects the disposal of bodies at, any burial ground or other place at which it is intended to dispose of the body of a still-born child, ”.

Modifications etc. (not altering text)

Commencement Information

I14Sch. 13 para. 20 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

Giving information to the registrar other than in person and dispensing with signing the registerN.I.

21(1)A qualified informant who is required under the 1976 Order to give information concerning a death or still-birth to a registrar, but who is unable to attend before a registrar in person, may give that information—N.I.

(a)by telephone, or

(b)by electronic means.

(2)The duty of a qualified informant to sign the register does not apply where information is given in reliance on sub-paragraph (1).

(3)Where information is given in reliance on sub-paragraph (1), that information is to be regarded for the purposes of the 1976 Order as having been given in the manner that is required by the 2012 Regulations.

(4)An entry in the register of deaths or the register of still-births for which, by virtue of sub-paragraph (2), no signature is required is to be treated as an entry signed by a qualified informant for the purposes of the 2012 Regulations.

(5)A qualified informant is to be treated as unable to attend before a registrar in person for the purposes of sub-paragraph (1) if it would be unreasonable or impracticable for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the registrar's office or any other reason).

Modifications etc. (not altering text)

Commencement Information

I15Sch. 13 para. 21 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

22N.I.In accordance with paragraph 21—

(a)Form 2 has effect as if at entry number 15 for “Signature” there were substituted “ Name of person professing to be informant ”;

(b)Form 3 has effect as if at entry number 16 for “Signature of informant” there were substituted “ Name of person professing to be informant ”.

Modifications etc. (not altering text)

Commencement Information

I16Sch. 13 para. 22 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

Signing of certificates of cause of deathN.I.

23(1)This paragraph applies if—N.I.

(a)a person dies as a result of any natural illness,

(b)the person was treated by a registered medical practitioner (“A”) within 28 days prior to the date of the person's death,

(c)the time when (apart from this paragraph) A would be required to sign the certificate of cause of death under Article 25(2) falls within any period for which this paragraph has effect,

(d)at that time, A is unable to sign the certificate or it is impracticable for A to do so, and

(e)another registered medical practitioner (“B”) can state to the best of B's knowledge and belief the cause of death.

(2)B may sign the certificate of cause of death under Article 25(2).

(3)B is subject to the other duties applicable to a person who has signed such a certificate.

(4)A is not subject to any duties in relation to such a certificate.

Commencement Information

I17Sch. 13 para. 23 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

24(1)This paragraph applies if—N.I.

(a)a person dies as a result of any natural illness,

(b)the person was not treated by a registered medical practitioner within 28 days prior to the date of the person's death, and

(c)a registered medical practitioner (“C”) can state to the best of C's knowledge and belief the cause of death.

(2)C may sign the certificate of cause of death under Article 25(2).

(3)C is subject to the other duties applicable to a person who has signed such a certificate.

Commencement Information

I18Sch. 13 para. 24 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

25N.I.Where B or C proposes to sign a certificate under Article 25(2) in reliance on paragraph 23 or 24, Form 12 has effect as if—

(a)the two lines beginning with “Date on which was last seen alive and treated by me” were omitted, and

(b)for “has died as a result of the natural illness or disease for which he has been treated by me within twenty eight days prior to the date of death” there were substituted “ has died as a result of the cause of death referred to above ”.

Commencement Information

I19Sch. 13 para. 25 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

26N.I.Where C signs a certificate under Article 25(2) in reliance on paragraph 24, section 7 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) has effect as if the words “for which he had been seen and treated by a registered medical practitioner within twenty-eight days prior to his death” were omitted.

Commencement Information

I20Sch. 13 para. 26 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

Giving certificate of cause of death directlyN.I.

27(1)This paragraph applies if—N.I.

(a)a registered medical practitioner signs a certificate of cause of death under Article 25(2) (whether or not the certificate is signed in reliance on paragraph 23 or 24), and

(b)the certificate is signed during any period for which this paragraph has effect.

(2)The medical practitioner—

(a)must forthwith send a copy of the certificate, together with such other particulars as are prescribed under Article 25(2), to the registrar by electronic means,

(b)is not required to give the certificate to the informant (but may do so).

(3)The informant is not subject to any duties in relation to the certificate.

Modifications etc. (not altering text)

Commencement Information

I21Sch. 13 para. 27 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

28N.I.In accordance with paragraph 27—

(a)Article 22 has effect as if the words “, accompanied by such medical certificate of the cause of the death as is required by Article 25 to be given to the registrar,” were omitted;

(b)Article 25(3) has effect as if after “paragraph (2)” there were inserted “ or give the registrar a copy of such a certificate ”;

(c)Article 25(4) has effect as if for the words from “An informant” to “and” there were substituted “ Where a registered medical practitioner gives to the registrar a copy of the certificate which the practitioner has signed under Article 25(2) together with such other particulars as are required under Article 25(2) to be given by the practitioner, ”.

Modifications etc. (not altering text)

Commencement Information

I22Sch. 13 para. 28 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

Giving certificate of registration, or written notice, of death directlyN.I.

29N.I.Article 29 (certificate of registration of death) has effect with the following modifications—

(a)paragraph (1) has effect as if—

(i)after “person giving information concerning the death” there were inserted “ or the person who effects the disposal of, or performs any funeral service for, the body of the deceased person ”;

(ii)after “a certificate in the prescribed form”, the words “under his hand” were omitted;

(b)paragraph (2) has effect as if—

(i)for “the person sending the notice, if required to do so,” there were substituted “ the person who effects the disposal of, or performs any funeral service for, the body of the deceased person ”;

(ii)after “a certificate in the prescribed form”, the words “under his hand” were omitted.

Modifications etc. (not altering text)

Commencement Information

I23Sch. 13 para. 29 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)

Transitional provisionN.I.

30N.I.Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which any provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.

Commencement Information

I24Sch. 13 para. 30 in force at 26.3.2020 by S.I. 2020/361, reg. 2(a)