Births and Deaths Registration Act 1953, Section 41 is up to date with all changes known to be in force on or before 31 July 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F1(1)]In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—
[F2“the 2009 Act” means the Coroners and Justice Act 2009;]
[F3“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;]
[F2“attending practitioner's certificate” has the meaning given by section 20(1)(a) of the 2009 Act;]
“birth” includes a live–birth and a still–birth;
[F2“confirmed attending practitioner's certificate” means an attending practitioner's certificate in respect of which the cause of death has been confirmed by a medical examiner in accordance with regulations under section 20(1)(f)(i) of the 2009 Act;]
“disposal”, in relation to a dead body, means disposal by burial, cremation or any other means, and cognate expressions shall be construed accordingly;
[F4“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;]
[F4“electronic signature” has the meaning given in section 7(2) of the Electronic Communications Act 2000;]
[F5“father”, in relation to an adopted child, means the child’s natural father;]
“general search” means a search conducted during any number of successive hours not exceeding six, without the object of the search being specified;
“house” includes a public institution;
“live–birth” means the birth of a child born alive;
[F2“medical examiner” [F6has the meaning given by section 48(1)] of the 2009 Act;]
[F2“medical examiner's certificate” has the meaning given by section 20(1)(h) of the 2009 Act;]
“the Minister” means [F7the Secretary of State];
[F5“mother”, in relation to an adopted child, means the child’s natural mother;]
“occupier” in relation to a public institution, includes the governor, keeper, master, matron, superintendent, or other chief resident officer, and, in relation to a house let in separate apartments or lodgings, includes any person residing in the house who is the person under whom the lodgings or separate apartments are immediately held, or his agent;
“particular search” means a search of the indexes covering a period not exceeding five years for a specified entry;
[F2“partner” (except in the expression “civil partner”) is to be read in accordance with subsection (2) of this section;]
“public institution” means a prison, lock–up or hospital, and such other public or charitable institution as may be prescribed;
“prescribed” means prescribed by regulations made under section thirty–nine of this Act;
“qualified informant”, in relation to any birth or death, means a person who is by this Act or, in the case of a birth or death occurring before the commencement of this Act, by any enactment repealed by this Act required, or stated to be qualified, to give information concerning that birth or death;
“registrar” in relation to any birth or death, means the registrar of births and deaths for the sub–district in which the birth or death takes place, or where any [F8still–born child] is found exposed or any dead body is found and no information as to the place of birth or death is available, for the sub–district in which the child or the dead body is found;
“relative” includes a relative by marriage [F9or civil partnership] F10....
“still–born child” means a child which has issued forth from its mother after the [F11twenty -fourth week] of pregnancy and which did not at any time after being completely expelled from its mother breathe or show any other signs of life, and the expression “still–birth” shall be construed accordingly;
“superintendent registrar” in relation to any registrar, means the superintendent registrar of births, deaths and marriages for the district in which that registrar’s sub–district is situate.
[F12(2)A person is the partner of a deceased person if the two of them (whether of different sexes or the same sex) were living as partners in an enduring relationship at the time of the deceased person's death.
(3)A reference in this Act to an investigation under Part 1 of the 2009 Act being conducted includes a reference to the case where such an investigation has begun and—
(a)has not yet finished,
(b)is suspended under Schedule 1 to that Act (whether temporarily or otherwise), or
(c)is discontinued under section 4 of that Act.]
Textual Amendments
F1S. 41 renumbered as s. 41(1) (25.7.2013 for specified purposes, 16.4.2024 for specified purposes, 9.9.2024 in so far as not already in force) by virtue of Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 21(2) (with s. 180); S.I. 2013/1869, art. 2(o)(x); S.I. 2024/516, arts. 2(h), 3(m)
F2Words in s. 41 inserted (25.7.2013 for specified purposes, 16.4.2024 for specified purposes, 9.9.2024 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 21(1) (with s. 180); S.I. 2013/1869, art. 2(o)(ix); S.I. 2024/516, arts. 2(h), 3(m)
F3Words in s. 41(1) inserted (1.12.2021) by The Births and Deaths Registration (Electronic Communications and Electronic Storage) Order 2021 (S.I. 2021/1231), arts. 1(2), 3(13)(a)
F4Words in s. 41(1) inserted (1.12.2021) by The Births and Deaths Registration (Electronic Communications and Electronic Storage) Order 2021 (S.I. 2021/1231), arts. 1(2), 3(13)(b)
F5Definition inserted by Children Act 1975 (c. 72), Sch. 3 para. 13(6)
F6Words in s. 41(1) substituted (9.9.2024) by Health and Care Act 2022 (c. 31), ss. 169(5), 186(6); S.I. 2024/511, reg. 2
F7Words in s. 41 substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 1(2), Sch. 2 para. 6 (with art. 4)
F8Words substituted by Children Act 1975 (c. 72), Sch. 3 para 13(1)
F9Words in s. 41 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 19; S.I. 2005/3175, art. 2(2)
F10Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. 1
F11Words in s. 41 substituted (1.10.1992) by Still-Birth (Definition) Act 1992 (c. 29), ss. 1(1), 4(2).
F12S. 41(2)(3) inserted (25.7.2013 for specified purposes, 16.4.2024 for specified purposes, 9.9.2024 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch. 21 para. 21(2) (with s. 180); S.I. 2013/1869, art. 2(o)(x); S.I. 2024/516, arts. 2(h), 3(m)
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