SCHEDULES

SCHEDULE 13Registration of deaths and still-births

PART 3Northern Ireland

Interpretation

17

(1)

In this Part of this Schedule—

the 1976 Order” means the Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14));

the 2012 Regulations” means the Civil Registration Regulations (Northern Ireland) 2012 (S.R. (N.I.) 2012 No. 408).

(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.

Giving certificate of cause of still-birth directly

18

(1)

This paragraph applies if—

(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.

19

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 ”.

Giving certificate of notice of still-birth directly

20

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, ”.

Giving information to the registrar other than in person and dispensing with signing the register

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—

(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).

22

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 ”.

Signing of certificates of cause of death

23

(1)

This paragraph applies if—

(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.

24

(1)

This paragraph applies if—

(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.

25

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 ”.

26

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.

Giving certificate of cause of death directly

27

(1)

This paragraph applies if—

(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.

28

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, ”.

Giving certificate of registration, or written notice, of death directly

29

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.

Transitional provision

30

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.