The Registration of Births, Deaths and Marriages Regulations 1968

PART I PRELIMINARY

Title and commencement

1.  These regulations may be cited as the Registration of Births, Deaths and Marriages Regulations 1968 and shall come into operation on 1st April 1969.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires—

“the Act” means the Births and Deaths Registration Act 1953;

“authorised person” has the same meaning as in the Marriage Act 1949;

“birth” does not include a still-birth;

“borough” means a county borough or a London borough, and includes the City of London;

“certificate of cause of death” means a certificate required to be signed by a medical practitioner pursuant to section 22 of the Act;

“clerk” means the clerk of a council;

“coroner” includes a deputy coroner and an assistant deputy coroner;

“council”, in relation to a district or sub-district, means the council of the county or borough in which the district or sub-district is situated and, in relation to an officer, means the council of the county or borough which contains the district or sub-district, as the case may be, within which he is authorised to act;

“deputy officer” means a deputy superintendent registrar, a deputy registrar of births and deaths or a deputy registrar of marriages;

“description”, in relation to a coroner, means his official designation and the area of his jurisdiction;

“enactment” includes any instrument made under an Act;

“entry” means a record of the particulars relating to a birth, still-birth, death or marriage completed by the registrar in the appropriate spaces in form 1, 4, 5, 9 or 23;

“interim officer” means an interim superintendent registrar or an interim registrar of births and deaths;

“local scheme”, in relation to an officer, means the scheme in force under section 13 of the Registration Service Act 1953 (which provides for local schemes of registration) in the county or borough which contains the district or the sub-district, as the case may be, within which he is authorised to act;

“maiden surname”, in relation to a woman, means the surname under which she contracted her marriage (or, where she has married more than once, her first marriage;)

“medical practitioner” means a registered medical practitioner; and in relation to a medical practitioner who has signed a certificate, “name and qualification” means his name as stated on the certificate and his registered professional qualification ;

“midwife” means a certified midwife within the meaning of the Midwives Act 1951

“name”, in relation to a person, includes a surname except in regulations 18, 25, 73 and 82, and in forms 1, 2 and 3;

“non-salaried officer” means an officer to whom section 18 of the Registration Service Act 1953 (which relates to non-salaried officers) applies, an interim officer who, on the vacation by such an officer of his office, takes on his duties or an officer appointed under section 7 of the said Act (which provides for the appointment of additional registrars of marriage);

“occupation” includes rank or profession;

“officer” means a superintendent registrar, a registrar, a deputy officer or an interim officer ;

“principal officer” means an officer other than a deputy officer;

“registrar” means a registrar of births and deaths or a registrar of marriages;

“registration office” means the office of superintendent registrar, registrar of births and deaths or registrar of marriages;

“short certificate of birth” means a certificate of birth under section 33 of the Act (which provides for the issue of short certificates of birth);

(2) All institutions maintained wholly or mainly from public funds or charitable endowments or subscriptions or any combination thereof shall be public institutions for the purposes of section 41 of the Act (which relates to interpretation).

(3) In these regulations, unless the context otherwise requires, any reference to any enactment shall be construed as a reference to that enactment as amended by or under any subsequent enactment.

(4) Any reference in these regulations to a numbered regulation or schedule shall, unless the reference is to a regulation of or a schedule to a specified enactment, be construed as a reference to the regulation or schedule bearing that number in these regulations.

(5) Any reference in any regulation in these regulations to a numbered paragraph shall, unless the reference is to a paragraph of a specified regulation, be construed as a reference to the paragraph bearing that number in the first mentioned regulation.

(6) Any reference to a numbered form shall be construed as a reference to the form bearing that number in Schedule 1; and any reference to a numbered space or column on a form shall be construed as a reference to the space or column bearing that number on that form.

(7) The Interpretation Act 1889. shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament and as if these regulations and the regulations hereby revoked were Acts of Parliament.

Provision where date or place of birth or death is unknown

3.  Where a new-born living or still-born child is found exposed or a dead body is found—

(a) if the date of the birth of the child or of the death of the deceased person is unknown, references in these regulations to the doing of anything within a specified period after the birth or death shall be construed as references to the doing thereof within the same period after the child or the dead body was found;

(b) if the place of birth of the child or the place of death of the deceased person is unknown, references in these regulations to the place where a birth or death occurred shall be construed as references to the place where the child or the dead body was found.

PART II REGISTRATION OFFICERS

Qualifications for appointment

4.  A candidate for appointment to a registration office must be qualified in accordance with the following conditions:—

(a) he must produce satisfactory evidence as to character;

(b) he must have attained the age of 21;

(c) he must not have attained the age of 65;

(d) if he has attained the age of 55 he must—

(i) in the case of a candidate for appointment as superintendent registrar, previously have held a registration office or deputy registration office for at least 5 years in the aggregate;

(ii) in the case of a candidate for appointment to any other registration office, previously have held a registration office or a deputy registration office for a period in the aggregate at least equal to that which has elapsed since he attained the age of 55:

Provided that the council may appoint a candidate who is not qualified under paragraph (c), or a candidate who is not qualified under paragraph (d), if the Registrar General is satisfied that there is no other suitable candidate for appointment.

Disqualifications for appointment

5.  Notwithstanding the provisions of regulation 4, no person shall be qualified for appointment—

(a) to any registration office—

(i) if he has been declared bankrupt and has not subsequently obtained his discharge, or if he has made any composition or arrangement with his creditors and has not subsequently paid his debts in full or obtained a certificate of discharge;

(ii) if he has been dismissed from any office by the Registrar General and the Registrar General does not consent to the appointment;

(iii) if he is, or has been during the 12 months preceding the date on which the appointment is to take effect, a member of the council or of a committee of the council having duties in relation to the appointment of registration officers;

(iv) if he is an officer or servant, other than the clerk or deputy clerk, of a local authority employed by them in the performance of duties relating to their functions as a burial authority;

(v) if he holds any office as authorised person, secretary (for marriages) of a synagogue or registering officer of the Society of Friends;

(vi) if he is a minister of religion, a medical practitioner, a midwife, an undertaker or other person concerned in a burial or cremation business, a person engaged in any business concerned with life insurance, or a person engaged in any other calling which would conflict with or prevent the proper performance in person of the duties of the office for which he is a candidate;

(b) as superintendent registrar, if he holds office as a registrar or any deputy registration office;

(c) as registrar, if he holds office as a superintendent registrar or is a coroner.

Powers and duties of deputy

6.—(1) Subject to the provisions of regulation 9, a deputy may in the absence of his principal perform any of the duties of his principal, notwithstanding that his absence may not be unavoidable or occasioned by illness; and a deputy registrar may register—

(a) a birth, still-birth or death in respect of which his principal acts as informant, or

(b) a marriage to which his principal is a party or witness.

(2) Subject as aforesaid, a deputy may, while his principal is performing any duties of his office, perform any of the duties of his principal which are not reserved to the principal under the local scheme.

(3) As soon as a deputy has acted continuously as such for one month in the absence of the principal he shall make a report of the fact to the Registrar General, stating to the best of his ability the circumstances to which the principal's absence from duty is due and the date when the principal expects to resume his duties.

Vacation of office

7.—(1) A superintendent registrar or a registrar may resign his office by giving to the clerk such notice in writing as may have been determined at the time of his appointment; and at the same time he shall inform the Registrar General accordingly.

(2) When a deputy to a superintendent registrar or to a registrar ceases to hold office, the superintendent registrar or the registrar, as the case may be, shall inform the clerk and the Registrar General.

Lists of officers, offices and hours of attendance

8.—(1) A superintendent registrar shall from time to time, at such intervals as he may with the approval of the clerk think fit, cause to be printed a list of the principal officers holding office within his district, stating their names, head offices and stations and their days and hours of attendance, and shall furnish two copies of the list to the Registrar General and one copy each to—

(i) the superintendent registrar of each district adjoining his district;

(ii) the chief officer of every hospital in the district;

(iii) the chief officer of every police station in the district;

(iv) every coroner having jurisdiction in the district;

(v) the clerk of the council of every urban or rural district and parish wholly or partly situated in the district;

(vi) every medical practitioner and midwife practising in the district; and

(vii) such other persons as he may consider expedient for the convenience of the public;

and in the event of any changes in the list he shall notify the change to the persons to whom the list has been supplied.

(2) A superintendent registrar and a registrar of births and deaths shall cause to be exhibited and maintained outside his office and out-stations (if any) a notice stating his name, his official description, the name of his district or sub-district and the hours when his office and out-stations (if any) are open to the public.

Duality of function

9.—(1) A registrar shall not register—

(a) a birth, still-birth or death of which he is an informant, or

(b) a marriage to which he is a party or a witness.

(2) A person who holds jointly the offices of registrar and deputy superintendent registrar shall not perform any of the duties of the superintendent registrar in relation to any duties which he performs as registrar.

General conduct, etc. of officers

10.—(1) An officer shall not, while discharging his official duties with any person attending upon him at his office or otherwise coming into communication with him in his official capacity, transact or attempt to transact or to further the transaction of any business of a private nature, either on his own behalf or on behalf of any other person or body.

(2) An officer shall not, without the express authority of the Registrar General, publish or communicate to any person, otherwise than in the ordinary course of the performance of his official duties, any information acquired by him while performing those duties.

(3) An officer shall comply with any instruction or direction, whether particular or general, given to him by the Registrar General in any matter relating to the due performance by the officer of his duties in the execution of any enactment relating to his functions (not being a matter for which specific provision is made).

Statistical returns

11.  A superintendent registrar or a registrar shall at such times and in such manner as the Registrar General may direct send to the Registrar General such information concerning births, still-births, deaths and marriages as he may require to be extracted from the records kept by the officer.

Inspection, etc., of books

12.  Every officer shall submit all books and forms in his possession to inspection by any person authorised in that behalf by the Registrar General, and shall if so required by the Registrar General give him a statement as to the books and forms in his possession.

PART III GENERAL PROVISIONS AS TO ENTRIES IN REGISTERS

Registration in more than one place

13.—(1) A registrar shall not register a birth, still-birth or death which has already been registered unless—

(a) the provisions of regulation 45 or 55 apply or

(b) the Registrar General gives his authority.

(2) If it appears to a registrar that a birth, still-birth or death has nevertheless been registered more than once, he shall—

(a) if there is no material difference in the particulars recorded, write in the margin of every entry but the original the words “Inadvertently re-registered. For correct entry see No… Register No…” , inserting the number of the original entry and the number of the register in which it is recorded;

(b) if there is any material difference, report the matter to the Registrar General and make such note in the margin of the entry as the Registrar General may authorise.

(3) Where a birth, still-birth or death is re-registered on the authority of the Registrar General, the registrar making the new entry and the registrar or superintendent registrar having custody of the register in which the original entry was made shall make such notes (if any) in the margin of the respective entries as the Registrar General may direct.

Cancellation of entry space

14.  Where during the registration of a birth, still-birth, death or marriage it appears to the registrar that he cannot enter the particulars required in any space or column on the appropriate form (other than space 17 on form 1), then, subject to any other provision of these regulations, he shall draw a line in ink through that space or column before the informant is called upon to certify the entry.

Signature by mark or in foreign characters

15.  Where a person who is required under any provision of these regulations to sign his name in a register makes a mark or signs in characters other than those used in the English or Welsh languages, the registrar shall write against the mark or signature the words “The mark (or signature) of …”, inserting the name of the person.

PART IV BIRTH REGISTRATION

Particulars to be registered

16.  The particulars concerning a birth required to be registered pursuant to section 1 of the Act (which requires prescribed particulars of births to be registered) shall, subject to the provisions of this Part of these regulations, be the particulars required in spaces 1 to 13 in form 1; and form 1 shall be the prescribed form for birth registration for the purposes of section 5 of the Act (which provides for registration of births free of charge).

Particulars as at date of birth

17.  Subject to the provisions of regulation 18(4) and (5), under this part of these regulations the particulars to be recorded in respect of the parents of a child shall be the particulars appropriate as at the date of birth of the child.

Manner of registration

18.—(1) On receiving from an informant, at any time within 3 months after the date of a birth which occurred in his sub-district, information of the particulars required by regulation 16, the registrar shall register the birth in the presence of the informant by inserting in form 1 the particulars required in spaces 1 to 13 subject to the provisions of this regulation.

(2) With respect to space 1 (Date and place of birth)—

(a) if more than one living child is born at a confinement the registrar shall enter the time of birth after the date of birth in each entry respectively;

(b) if the birth is that of a new-born child found exposed and the date and place of birth are unknown, the registrar shall enter the words “On or about…” and the approximate date of birth followed by the words “Found at … on …” , with the relevant place and date.

(3) With respect to space 2 (Name and surname) the surname to be entered shall be the surname by which at the date of the registration of the birth it is intended that the child shall be known and, if a name is not given, the registrar shall enter the surname preceded by a horizontal line.

(4) With respect to spaces 4 and 6 (Father's name, surname and occupation)—

(a) if after the child's birth the father acquired a surname different from that borne by him at the date of the birth, the registrar shall enter the name and surname as at the date of the birth, followed by the acquired surname preceded by the word “now” or, if the father is deceased, by the word “afterwards”;

(b) if the child was illegitimate, the registrar shall not complete space 6 unless the name and surname of a person acknowledging himself to be the father of the child have been entered in space 4 pursuant to section 10 of the Act (which makes provision as to the father of an illegitimate child);

(c) if the father is deceased, the registrar shall enter below the particulars in space 6 the word “deceased”;

(d) if the father has changed his occupation since the birth of the child, the registrar shall enter in space 6 after the occupation as at the date of the birth, the occupation as at the date of registration preceded by the word “now” .

(5) With respect to space 7 (Mother's name and surname)—

(a) if after the birth of the child the mother acquired by marriage or otherwise a surname different from that borne by her at the date of the birth, the registrar shall enter the name and surname as at the date of the birth, followed by the acquired surname preceded by the word “now” or, if the mother is deceased, by the word “afterwards” ;

(b) if the child was illegitimate and the mother was engaged before the birth in gainful employment, the registrar shall enter particulars of the occupation unless pursuant to paragraph (4) an entry is made of the father's occupation.

(6) With respect to space 13 (Informant's address)—

(a) the address required shall be the address as at the date of registration of the birth;

(b) if in pursuance of section 10 of the Act an entry has been made of the name of the person acknowledging himself to be the father of the child, the registrar shall enter that person's address, followed by the mother's address if different;

(c) except as provided by sub-paragraph (b) of this paragraph, the registrar shall not enter the address of the informant if that address is the same as the mother's usual address.

Verification of particulars

19.  After completing spaces 1 to 3 in form 1 the registrar shall call upon the informant to verify the particulars entered; and if it appears that any error has been made in those particulars, the registrar shall thereupon in the presence of the informant make the necessary correction in the manner provided in regulation 72.

Signatures

20.—(1) The registrar shall call upon the informant to sign the entry in space 14.

(2) If, in pursuance of section 10 of the Act, an entry has been made of the name of the person acknowledging himself to be the father, the registrar shall call first upon that person and then upon the mother to sign the entry.

Signature, etc. of registrar

21.  When the registrar has signed the entry in space 16 he shall add his official description.

Registration after 3 months but within 12 months

22.  Where an informant attends before a superintendent registrar to make a declaration under section 6(1)(b) of the Act (which relates to registration after 3 but within 12 months of birth) the superintendent registrar shall supply a form of declaration provided by the Registrar General.

Registration after 12 months

23.—(1) Where a registrar or a superintendent registrar is informed that a birth which occurred more than 12 months previously has not been registered, he shall make a report to the Registrar General stating to the best of his knowledge and belief the particulars required to be registered concerning the birth, the source of his information and the name and address of any qualified informant available to give information for the registration.

(2) Where an informant attends, pursuant to the written authority of the Registrar General, to give information for the registration of a birth which occurred more than 12 months previously, the superintendent registrar shall—

(a) ascertain from the informant the particulars required to be registered concerning the birth, enter them in a form of declaration provided by the Registrar General, read or show the form to the informant and, after correcting any error, require the informant to sign the declaration; and

(b) attest the declaration.

(3) On registering the birth pursuant to this regulation the registrar shall enter immediately after the date of registration the words “On the authority of the Registrar General”.

Making of declaration under section 9 of the Act

24.—(1) The officer before whom a declaration for the purposes of section 9 of the Act (which relates to giving information to a person other than the registrar) may be made shall be—

(a) in a case where not more than 3 months have elapsed since the date of the birth of the child, any registrar of births and deaths, or

(b) in any other case, any superintendent registrar,

not being the superintendent registrar or the registrar of births and deaths for the district or sub-district in which the birth occurred.

(2) A registrar or a superintendent registrar before whom such a declaration is to be made shall ascertain from the informant the particulars to be registered concerning the birth, enter them in such declaration, using for the purpose a form provided by the Registrar General, read or show the form to the informant and, after correcting any error, require the informant to sign the declaration.

(3) Any such declaration shall be attested by the officer in whose presence it was signed.

(4) If it appears to the registrar of the sub-district in which the birth occurred that the particulars contained in any such declaration, as duly sent to him, are in any material respect not proper to be registered, he shall return the declaration to the officer before whom it was attested together with a note of the matters in which it appears to need amendment, and that officer shall in the presence of the declarant amend any error by striking out any incorrect particulars and inserting the correct particulars.

(5) Any amendment so made shall be initialled by the declarant, and the declaration shall be returned to the registrar of the sub-district in which the birth occurred.

(6) Subject to the provisions of paragraphs (7) and (8), when the said registrar receives a declaration which serves the purposes of section 9 of the Act (whether a declaration made solely for the purposes of that section or a declaration made in a case to which section 6 or 7 of the Act applies) he shall, if the birth has not to his knowledge already been registered, enter the particulars of the birth in his register in the following manner:—

(a) in spaces 1 to 13 of the entry, he shall enter the particulars as appearing in the corresponding spaces of the declaration, so, however, that where any particular has been corrected in pursuance of paragraph (4) he shall enter in the register only the particulars as corrected, omitting any incorrect particular which has been struck out and the initials of the declarant;

(b) in space 14 (Signature of informant) he shall write the name of the declarant in the form in which it is signed in the declaration, and shall add the words “by declaration dated …”, inserting the date on which the declaration was made and signed.

(7) If more than 3 but less than 12 months have elapsed since the date of the birth of the child, the registrar shall make the entry in the presence of the superintendent registrar in whose district the birth occurred, and the superintendent registrar and registrar shall sign the entry, adding their official descriptions.

(8) If more than 12 months have elapsed since the date of the birth of the child, the registrar shall not make the entry until he has received the written authority of the Registrar General to register the birth; and below the date of registration in space 15 the registrar shall enter the words “On the authority of the Registrar General”, and the superintendent registrar and registrar shall sign the entry, adding their official descriptions.

Alteration or giving of name after registration

25.—(1) An entry in pursuance of section 13 of the Act (which relates to registering or altering the name of a child) shall be made in space 17 of the entry of birth by the registrar or superintendent registrar having custody of the register in which the birth is registered.

(2) Where an entry is made in pursuance of the said section 13, the registrar or superintendent registrar, as the case may be, shall enter the name shown in the certificate given in pursuance of the said section followed by the surname recorded in space 2 of the entry and—

(a) if the entry is made on production of a certificate in form 2 that a name was given in baptism, add the words “by baptism on …” , inserting the date on which the child was baptised;

(b) if the entry is made on production of a certificate in form 3 that a name was given otherwise than in baptism, add the words “on certificate of naming dated …”, inserting the date on which the certificate was signed.

PART V RE-REGISTRATION OF BIRTHS OF LEGITIMATED PERSONS

Attendance of parent

26.  Where under Section 14 of the Act the Registrar General authorises the re-registration of the birth of a legitimated person, a parent of the legitimated person shall, if required by the Registrar General, attend personally within such time as the Registrar General may specify at the office of the registrar of births and deaths for the sub-district in which the birth occurred.

Relevant date for particulars

27.  The provisions of regulation 17 shall apply to this Part of these regulations except that the surname to be recorded in respect of the mother of a child shall be her surname immediately after her marriage to the father.

Making of entry where parent attends

28.—(1) The registrar of the sub-district in which such a birth occurred shall read or show to the parent the particulars entered in the Registrar General's authority, and if it appears that there is any error or omission therein shall correct it in such manner as the Registrar General may direct.

(2) The registrar shall in the presence of the parent copy the particulars recorded in the spaces of the authority into the corresponding spaces of the entry so, however, that where any particular has been corrected in pursuance of paragraph (1) he shall enter only the particular as corrected, omitting any incorrect particular which has been struck out.

(3) The registrar shall enter in the register the qualification of the informant as “father” or “mother”, as the case may be, and call upon the parent to verify the particulars as entered and to sign the entry.

(4) The registrar shall enter the date on which the entry is made and add the words “On the authority of the Registrar General”.

(5) When the registrar has signed the entry in space 16 he shall add his official description.

Making of declaration where parent does not attend

29.—(1) A parent who is in England or Wales may with the consent of the Registrar General verify the particulars required to be registered on the re-registration of the birth of a legitimated person by making and signing before a registrar other than the registrar for the sub-district in which the birth occurred a declaration of the particulars, on a form provided for the purpose by the Registrar General; and any such declaration shall be attested by the registrar before whom it was made and sent by him to the registrar for the sub-district in which the birth occurred.

(2) A parent who is not in England or Wales may with the consent of the Registrar General verify the particulars required to be registered as aforesaid by making and signing before an authority specified in paragraph (3), (4) or (5), as the case may be, and sending to the Registrar General, a declaration of the particulars on a form provided for the purpose by the Registrar General.

(3) In the case of a parent who is in Scotland, Northern Ireland, the Isle of Man, the Channel Islands or any other country of the Commonwealth or in the Irish Republic, the authorities before whom a declaration may be made are a notary public and any other person lawfully authorised to administer oaths in that country or place.

(4) In the case of a parent who is not in England or Wales or in any country or place mentioned in paragraph (3), the authorities before whom a declaration may be made are one of Her Majesty's consular officers, a notary public and any other person lawfully authorised to administer oaths in that country or place; but a declaration made before an authority other than one of Her Majesty's consular officers shall be authenticated by such an officer, if the Registrar General so requires.

(5) In the case of a parent who is a member of Her Majesty's Forces and who is not in the United Kingdom, the authorities before whom a declaration may be made shall include any officer who holds a rank not below that of Lieutenant-Commander, Major, or Squadron-Leader.

Making of entry in pursuance of declaration

30.—(1) On receiving the Registrar General's authority and consent to re-register a birth under regulation 29 and the declaration made for the purposes thereof, the registrar for the sub-district in which the birth occurred shall copy the particulars recorded in the spaces of the declaration into the corresponding spaces of the entry and shall enter the qualification of the informant as “father” or “mother”, as the case may be; and he shall enter in space 14 the words “by declaration dated …” and the date on which the declaration was made and signed.

(2) After entering such particulars the registrar shall complete the entry in the manner provided in regulation 28(4) and (5).

Making of entry when particulars not verified by parent

31.  Where so directed by the Registrar General the registrar for the sub-district in which the birth of a legitimated person occurred shall re-register the birth in such manner as the Registrar General in his authority may direct, although the particulars to be registered are not verified by a parent; and in any such case the registrar shall enter in the space for the signature the words “On the authority of the Registrar General” without any further entry in that space.

Noting of previous entry

32.  The superintendent registrar or the registrar having the custody of the register in which the birth was previously registered shall, when so directed by the Registrar General, note the previous entry of the birth with the words “Re-registered under section 14 of the Births and Deaths Registration Act 1953 on …”, inserting the date of re-registration, and shall make a certified copy of the previous entry, including a copy of the note, and send the copy to the Registrar General.

Certified copies of re-registered entries

33.  Where application is made to a registrar or a superintendent registrar for a certified copy of the entry of the birth of a legitimated person whose birth has been re-registered in a register in his custody, he shall supply a certified copy of the entry of re-registration; and no certified copy of the previous entry shall be given except under the direction of the Registrar General.

Declaration in respect of a person born at sea

34.  Where information is furnished to the Registrar General for the re-registration of the birth of a legitimated person who was born at sea and whose birth was included in a return sent to the Registrar General, a parent of the legitimated person may verify the particulars required to be registered on the re-registration of the birth of that person by making and signing a declaration of such particulars, on a form provided by the Registrar General for the purpose, before any registrar in England and Wales or such authority specified in regulation 29(3), (4) or (5) as may be applicable, and sending that declaration to the Registrar General.

Entry in respect of a person born at sea

35.  A person deputed for the purpose by the Registrar General, on receiving his authority to re-register the birth of a legitimated person who was born at sea and whose birth was included in a return sent to the Registrar General, shall make the entry in a register to be kept at the General Register Office in form 4, in such manner as the Registrar General may direct.

Noting of previous entry

36.  Where an entry is made under regulation 35, a person deputed as aforesaid shall note any previous record of the birth in the custody of the Registrar General with the words “Re-registered under section 14 of the Births and Deaths Registration Act 1953, on …”, inserting the date of re-registration, and shall send a copy of the previous record, including a copy of the note, certified under the seal of the General Register Office, to the authority from whom that record was received by the Registrar General.

PART VI BIRTH ENTRIES OF ADOPTED CHILDREN

Marking of birth entry of adopted child

37.—(1) A superintendent registrar or a registrar shall, when so directed by the Registrar General acting pursuant to the Adoption Acts 1958 to 1968(1)—

(a) mark any entry specified in the direction with the word “Adopted” or, as the case may be, the words “Provisionally adopted”, followed immediately, if the direction so specifies, by the name, in brackets, of the country in which the adoption order was made;

(b) add his signature and official description; and

(c) make and send to the Registrar General a certified copy of the entry showing the marking.

(2) A superintendent registrar or a registrar shall, when so directed by the Registrar General acting pursuant to the Adoption Acts 1958 to 1968—

(a) strike through any marking as to adoption in the margin of any entry specified in the direction and underneath write, as may be specified in the direction, the words “Adoption order quashed”, “Adoption order revoked”, “Appeal against adoption order allowed”, or “Direction for the marking of this entry revoked”;

(b) add his signature and official description; and

(c) make and send to the Registrar General a certified copy of the entry showing the cancelled marking and the note with respect to its cancellation.

Reproduction of marking in certified copy

38.  Where a certified copy of an entry of birth relating to an adopted person is given under the provisions of sections 30, 31, or 32 of the Act (which relate to searches of registers and indexes) the certified copy shall include a copy of the marking made in pursuance of regulation 37(1).

PART VII REGISTRATION OF STILL-BIRTHS

Application to still-births of certain provisions relating to births

39.  The proviso to section 1(1) of the Act (which requires a registrar to register the birth of a living new-born child found exposed in his sub-district) shall apply to a still-born child as it applies to a live-born child; and section 3 of the Act (which requires information of birth particulars to be given when a living new-born child is found exposed) shall apply to a still-born child as it applies to a live-born child, subject to the modification that the words “and of any person in whose charge the child may be placed” shall be omitted.

Particulars to be registered

40.  The particulars concerning a still-birth required to be registered pursuant to section 1 of the Act shall subject to the provisions of this Part of these regulations be the particulars required in spaces 1 to 13 in form 5; and form 5 shall be the prescribed form for still-birth registration for the purposes of section 5 of the Act.

Manner of registration

41.—(1) In the case of any still-birth with respect to which there has been delivered to the registrar:—

(a) a written certificate in form 6 of a medical practitioner or midwife as referred to in section 11(1)(a) of the Act (which section makes special provision as to registration of still-births) or

(b) a declaration as referred to in section 11(1)(b) thereof, in form 7,

the registrar, on receiving from an informant, at any time within 3 months after the date of the still-birth, information of the particulars required by regulation 40, shall (unless he takes action under regulation 43) register the still-birth in the presence of the informant by completing spaces 1 to 13 in form 5.

(2) Subject to the provisions of regulation 42, the provisions of regulations 17 to 21 shall, with any necessary modifications, apply to completing form 5 as they apply to completing form 1; but an informant shall not be required to verify space 2 on form 5.

Entry of nature of evidence of still-birth

42.—(1) Where the still-birth is registered on the production of a written certificate of a medical practitioner or a midwife, the registrar shall enter in space 2 the cause of death precisely as stated therein, followed by the words “Certified by …” and the name and qualification of the medical practitioner or, as the case may be, the name of the midwife and the words “Certified Midwife”.

(2) Where the still-birth is registered on the production of a declaration as referred to in section 11(1)(b) of the Act, the registrar shall enter in space 2 the words “Declaration by informant”.

Reference to coroner

43.  Where a registrar, on being given information as for still-birth, has reason to believe that the child was born alive, he shall report the matter to the coroner on a form provided by the Registrar General.

Registration of still-birth where no inquest is held

44.—(1) Where, before the expiration of 3 months from the date of still-birth which has not already been registered, a registrar receives from a coroner a notification that he does not intend to hold an inquest thereon, the registrar shall, subject to the provisions of paragraph (2), take such steps as may be required to register the still-birth in accordance with regulations 41 and 42.

(2) Where the coroner certifies in his notification that an examination made by his direction has disclosed that the child was still-born or that there was not sufficient evidence to show that the child was born alive, and delivers to the registrar a certificate showing the result of that examination, the registrar shall enter in space 2 the cause of death precisely as stated therein, followed by the words “Certified by …” and the name and qualification of the medical practitioner who made the examination, and the words “after post-mortem held by direction …” and the name and description of the coroner.

Registration of still-birth after inquest

45.  Where, before the expiration of 3 months from the date of a still-birth which he is required to register, a registrar receives a coroner's certificate upon an inquest from which it appears that the child was still-born or that there was not sufficient evidence to show that the child was born alive, the registrar shall register the still-birth as follows:—

(a) in spaces 1 and 3 to 10 he shall enter the particulars contained in the coroner's certificate, precisely as stated therein, as particulars to be entered in those spaces respectively;

(b) in space 2 he shall enter the cause of death as stated in the coroner's certificate, precisely as stated therein, followed by the words “Certificate after inquest held on …”, and the date of the inquest as stated in the certificate;

(c) in space 11 he shall enter the name and description of the coroner;

(d) in space 15 he shall enter the date on which the entry is made, and in space 16 he shall sign the entry and add his official description.

Annotation of previous entry

46.  If, in any case to which regulation 45 applies, the registrar ascertains that an entry in respect of the child has previously been made in any register of births, still-births or deaths he shall, after registering the still-birth in accordance with the said regulation—

(a) if the previous entry is in a still-birth register in his custody, write in the margin of the previous entry “Re-registered on coroner's certificate at entry No. …” and the number of the new entry, and add his initials;

(b) if the previous entry is in a birth or death register in his custody, write in the margin of the previous entry “This entry relates to a still-birth and is registered at entry No. … in the still-birth register” and the number of the new entry, and add his initials.

PART VIII DISPOSAL OF BODIES OF STILL-BORN CHILDREN

Certificate for disposal

47.—(1) The form of a certificate of a registrar under section 11(2) of the Act (which relates to preliminaries to disposal of bodies) that he has registered a still-birth shall be form 8.

(2) A certificate of a registrar under section 11(2) of the Act that he has received notice of a still-birth shall be given on a form provided by the Registrar General but a registrar shall not give such a certificate except for the purpose of burial in a burial ground in England or Wales, and then only—

(a) where the case is one which is not required to be reported to the coroner, or

(b) where the case has been reported to the coroner and the registrar has been informed by the coroner that he has completed any investigations which he intends to make and has not issued any order or certificate for the purpose of the disposal of the body.

PART IX DEATH REGISTRATION

Particulars to be registered and certificate of cause of death

48.—(1) The particulars concerning a death required to be registered pursuant to section 15 of the Act (which requires prescribed particulars of deaths to be registered) shall, subject to the provisions of this Part of these regulations, be the particulars required in spaces 1 to 8 in form 9; and form 9 shall be the prescribed form for the purposes of section 20 of the Act (which provides for registration of death free of charge).

(2) The form of a certificate of cause of death shall be form 10.

(3) The form of notice required by section 22(2) of the Act to be given by a medical practitioner to a qualified informant shall be form 11.

Registration without reference to coroner

49.—(1) In the case of any death which occurred in the registrar's sub-district with respect to which a certificate of cause of death has been delivered to the registrar and which has not been and is not required to be reported to the coroner the registrar shall, on receiving from an informant, at any time within 12 months of the date of the death, information of the particulars required by regulation 48(1), register the death in the presence of the informant by completing spaces 1 to 8 in form 9.

(2) Where a child lived for less than 24 hours, the registrar shall enter after the date of the child's death the word “Aged …” and the age in completed hours or, if less than one hour, in minutes.

(3) Where the death relates to a dead body in relation to which the date and place of death are unknown, the registrar shall enter in space 1 the words “Dead body found on …” and the date of finding the body, followed by “at …” and the place of finding.

(4) Where the deceased was a child under the age of 15, the registrar shall enter in space 6 the words “son (or daughter) of …” and the name and occupation of the father or, if the name and occupation of the father is not given, the words “son (or daughter) of …” and the name and occupation of the mother.

(5) Where the deceased was a female aged 15 or over, the registrar shall enter—

(a) in the case of a married woman or widow, her own occupation and the words “wife (or widow) of …” and the name and occupation of her husband or deceased husband;

(b) in any other case, her own occupation.

(6) The registrar shall enter in space 8 the cause of death precisely as certified in the medical certificate, followed by the words “Certified by …” and the name and qualification of the medical practitioner who gave the medical certificate.

Verification of particulars

50.—(1) After completing spaces 1 to 8 in the entry, the registrar shall call upon the informant to verify the particulars entered in spaces 1 to 7; and if it appears that any error has been made in those particulars, the registrar shall thereupon in the presence of the informant make the necessary correction in the manner provided in regulation 72.

(2) The registrar shall then call upon the informant to sign the entry in space 9; and when the registrar has signed the entry in space 11 he shall add his official description.

Registration upon reference to coroner

51.—(1) Where a registrar is informed of the death of any person before the expiration of 12 months from the date of the death, he shall report the death to the coroner on a form provided by the Registrar General if the death is one—

(a) in respect of which the deceased was not attended during his last illness by a medical practitioner; or

(b) in respect of which the registrar has been unable to obtain a duly completed certificate of cause of death; or

(c) with respect to which it appears to the registrar, from the particulars contained in such a certificate or otherwise, that the deceased was seen by the certifying medical practitioner neither after death nor within 14 days before death; or

(d) the cause of which appears to be unknown; or

(e) which the registrar has reason to believe to have been unnatural or to have been caused by violence or neglect, or by abortion, or to have been attended by suspicious circumstances; or

(f) which appears to the registrar to have occurred during an operation or before recovery from the effect of an anaesthetic; or

(g) which appears to the registrar from the contents of any medical certificate to have been due to industrial disease or industrial poisoning.

(2) Where the registrar has reason to believe, with respect to any death of which he is informed or in respect of which a certificate of cause of death has been delivered to him, that the circumstances of the death were such that it is the duty of some person or authority other than himself to report the death to the coroner, he shall satisfy himself that it has been reported.

(3) The registrar shall not register any death which he has himself reported to the coroner, or which to his knowledge it is the duty of any other person or authority to report to the coroner, or which to his knowledge has been reported to the coroner, until he has received a coroner's certificate or a notification that the coroner does not intend to hold an inquest.

Registration where inquest is not held

52.  Where, before the expiration of 12 months from the date of a death which it is his duty to register, the registrar is notified by the coroner that he does not intend to hold an inquest thereon, the registrar shall, unless the death has already been registered, register the death in accordance with regulations 49 and 50:

Provided that—

(a) if the coroner in his notification certifies the cause of death disclosed by any report on a post-mortem examination of the body made by his direction under section 21 of the Coroners (Amendment) Act 1926, the entry in space 8 of the cause of death shall be of the cause of death as so certified, followed by the words “Certified by …”, the name and description of the coroner and the words “after post-mortem without inquest”; and

(b) if it appears from the coroner's notification that no post-mortem examination was held by his direction, and the registrar is unable to obtain delivery of a certificate of cause of death, the entry in space 8 of the cause of death shall be of the cause of death as stated in the coroner's notification, or if none is stated therein as stated to the registrar by the informant, without any further or other entry in that space.

Procedure on coroner's notification of cause of death, when death already registered

53.—(1) Where a registrar receives a coroner's notification that he does not intend to hold an inquest in respect of a death which the registrar has already registered on the information of an informant, and the coroner certifies in that notification the cause of death as disclosed by any report on a post-mortem examination made by his direction, the registrar shall, without altering the entry of the death, enter in the margin of that entry the words “Post-mortem without inquest held by the direction of …” and the name and description of the coroner and the words “and cause of death disclosed as …” and the cause of death as certified by the coroner, and shall add his initials and the date.

(2) If the register containing the entry is in the custody of the superintendent registrar, the registrar shall deliver the notification to the superintendent registrar, who shall enter in the margin of the entry the particulars required by paragraph (1) and add his initials and the date.

Registration of death after inquest

54.—(1) Subject to the provisions of paragraph (2), where, before the expiration of 12 months from the date of a death which it is his duty to register, a registrar receives a coroner's certificate upon an inquest with reference to that death, the registrar shall register the death as follows:—

(a) in spaces 1 to 6 and 8 he shall enter the particulars contained in the certificate, precisely as stated therein, as particulars to be entered in those spaces respectively:

Provided that if any person is named in the certificate as having caused the death, the name of that person shall be omitted;

(b) in space 7 he shall enter the words “Certificate received from …” and the name and description of the coroner, and the words “Inquest held …” and the date of the inquest as stated in the certificate;

(c) in space 10 he shall enter the date on which the entry is made and in space 11 he shall sign the entry and add his official description.

(2) Where the coroner's certificate relates to an inquest which has been adjourned and not resumed, the registrar shall register the death in accordance with the foregoing provisions of this regulation with the following modifications:—

(a) in space 8 he shall enter the cause of death as stated in the certificate, and where it appears that the inquest was adjourned under section 20 of the Coroners (Amendment) Act 1926 and a person has been charged with the murder, manslaughter or infanticide of the deceased person, the registrar shall enter after the entry of the cause of death the result of the criminal proceedings as stated in the certificate:

Provided that if any person is named in the certificate as having been so charged, the name of that person shall be omitted; and

(b) in space 7, instead of the words “Certificate received from” the registrar shall enter—

(i) if the inquest was adjourned and not resumed, the words “Certificate on inquest adjourned and not resumed received from …”; and

(ii) if the inquest was adjourned sine die, the words “Certificate on inquest adjourned sine die received from …”

Registration on coroner's certificate of death already registered

55.  Where a registrar has received a coroner's certificate upon an inquest relating to the death of any person in respect of whom an entry has previously been made in a register of still-births or deaths on the information of an informant, the registrar shall make a fresh entry in respect of the death in accordance with regulation 54, and the officer having custody of the register containing the previous entry shall write in the margin of that entry “Re-registered on coroner's certificate at entry No. …”, and the number of the new entry, particulars of the register in which it is contained and his initials.

Registration after 12 months

56.—(1) Where a registrar is informed that the death of a person who died more than 12 months previously has not been registered, the registrar shall make a report to the Registrar General stating to the best of his knowledge and belief the particulars required to be registered concerning the death, the source of his information and the name and address of any qualified informant available to give information for the registration, and shall send with the report any certificate of the cause of death and any coroner's notification that he does not intend to hold an inquest or coroner's certificate after an inquest held with reference to the death.

(2) On receiving the Registrar General's written authority to register the death on the information of an informant, the registrar shall arrange for the informant specified in the authority to attend at his office and shall register the death in the presence of the informant; and the provisions of regulations 49 and 50 shall, subject to the modifications set out in paragraph (3), apply as they apply to the registration of a death within 12 months.

(3) On receiving the Registrar General's authority to register a death which occurred more than 12 months previously in respect of which the registrar has received a coroner's certificate after an inquest, the registrar shall register the death; and the provisions of regulation 54 shall apply as they apply to the registration of a death within 12 months, subject to the modification that in space 10 the registrar shall, after entering the date on which the entry is made, enter the words “On the authority of the Registrar General”.

PART X DISPOSAL OF BODIES OF DECEASED PERSONS

Interpretation of Part X

57.  In this Part of these regulations—

“certificate for disposal after registration” means a certificate of a registrar under section 24(1) of the Act that he has registered a death;

“certificate for disposal before registration” means a certificate of a registrar under the said subsection that he has received notice of a death;

“certificate for disposal” means either of the above-mentioned certificates;

“notification of disposal” means a notification as to the date, place and means of disposal of the body of a deceased person which a person effecting the disposal is required by section 3 of the Births and Death Registration Act 1926 to deliver to the registrar; and

“person effecting the disposal” has the same meaning as in section 12 of that Act.

Certificates for disposal

58.—(1) A registrar shall give a certificate for disposal on a form provided by the Registrar General, and such certificate shall embody a form of notification of disposal, for use of the person effecting the disposal, in form 12.

(2) A registrar shall not give a certificate for disposal before registration except for the purpose of burial in England or Wales, and then only—

(a) where the death is one which is not required to be reported to the coroner, or

(b) where the death has been reported to the coroner and the registrar has been informed by the coroner that he has completed any investigations which he intends to make and has not issued any order or certificate for the purpose of the disposal of the body.

Certificate that death is not required to be registered

59.  The form of a certificate of a registrar in pursuance of section 24(2) of the Act that a death is not required to be registered in England and Wales shall be form 13.

Declaration that registrar's certificate or

60.  The form of a declaration for the purposes of the proviso to section 1(1) of the Births and Deaths Registration Act 1926 that a certificate of the registrar or order of the coroner has been issued in respect of a deceased person shall be form 14.

Notification of disposal

61.  The person effecting the disposal of the body of a deceased person, or some responsible person deputed to act on his behalf, shall write, sign and date the notification of disposal embodied in the certificate for disposal or in the coroner's order with respect to the deceased person, and then detach the notification and deliver it to the registrar; or, where a declaration has been made as referred to in regulation 60, the person effecting the disposal shall notify the registrar in writing in the terms used in form 12.

Enquiry in default of notification of disposal

62.—(1) The period after the issue of a registrar's certificate for disposal or a coroner's order authorising the disposal of the body on the expiration of which the registrar, if he has not previously received a notification of disposal, is required under section 24(5) of the Act to make such enquiry as is therein mentioned shall be a period of 14 days from the date of the issue of the certificate or order.

(2) Where in response to such an enquiry the registrar is informed that the body of the deceased person to whom the enquiry relates has not been disposed of, he shall, unless he is informed that the body is being held for the purposes of the Anatomy Acts 1832 and 1871 report the matter to the medical officer of health for the district in which the body is lying.

(3) Where after such an enquiry it appears to the registrar that the body has been disposed of and notification of disposal has not been made to him within the time required by law, he shall make immediate application for such notification to the person effecting the disposal of the body, and if the notification is not received within 3 days he shall report the matter to the Registrar General.

PART XI REGISTRATION OF MARRIAGE

Form of notice of marriage

63.—(1) The form of notice of marriage to be given under section 27(1) of the Marriage Act 1949 where a marriage is intended to be solemnized on the authority of a certificate of a superintendent registrar without licence shall be form 15 or, where either party to the marriage is under the age of 21 years, and not a widower or widow, form 16.

(2) The form of notice of marriage to be given under section 27(2) of the Marriage Act 1949 where a marriage is intended to be solemnized on the authority of a certificate of a superintendent registrar by licence shall be form 17, or where either party of the marriage is under the age of 21 years, and not a widower or widow, form 18.

Endorsement on notice of marriage

64.  The form of endorsement on the notice of marriage to be made under section 35(1) of the Marriage Act 1949 where a marriage is intended to be solemnized in a registered building which is not within a registration district in which either of the persons to be married resides shall be form 19

Form of certificate and form of certificate and licence for marriage

65.—(1) The form of certificate for marriage to be issued by a superintendent registrar under section 31 of the Marriage Act 1949 shall be form 20

(2) The form of certificate and licence for marriage to be issued by a superintendent registrar under section 32 of the Marriage Act 1949 shall be form 21.

Form of instructions for solemnization of a marriage in a registered building without the presence of a registrar

66.  The form of instructions to be given under sections 31 and 32 of the Marriage Act 1949 to one of the persons whose marriage is to be solemnized in a registered building for which an authorised person has been appointed, where no notice has been given requiring a registrar to be present at the marriage, shall be form 22.

Particulars to be registered

67.—(1) The particulars relating to a marriage required to be registered pursuant to section 55(1) of the Marriage Act 1949 shall, subject to the provisions of regulations 68 to 70, be the particulars required in Part I of form 23 and the particulars of attestation required by Part II of form 23 which are appropriate to the place and manner of solemnization.

(2) Where a registrar is required to register a marriage pursuant to the said section 55(1), he shall register it, in the manner prescribed by law, in some part of the registered building or superintendent registrar's office where it was solemnized and according to the provisions of this Part of these regulations.

Manner of registration

68.—(1) In column 3 in form 23 the registrar, if unable to ascertain the exact age of either party, shall enter an age which accords with such information in that respect as he is able to obtain, or, failing any such information, the words “of full age” or the word “minor” , as the case may be;

(2) In column 4 in form 23 the registrar shall enter the condition of the parties to the marriage in the following manner—

(a) if a party has not previously been married, he shall enter the word “Bachelor” or “Spinster” , as the case may be, and if a party's previous marriage was terminated by the death of the previous wife or husband the word “Widower” or “Widow”, as the case may be;

(b) if a party's previous marriage was terminated by divorce, he shall enter the words “Previous marriage dissolved”;

(c) if the marriage is between two parties who have previously been through a form of marriage with each other (not being a marriage which is known to have been null and void) and neither of whom has since married a third person, then—

(i) if that marriage was terminated by divorce, he shall enter the words “Previously married at … on … Marriage dissolved on …” , inserting particulars of the place and date of marriage and the date of its dissolution; or

(ii) if the ceremony was performed for the avoidance of doubt as to the validity of a previous ceremony, he shall enter the words “Previously went through a form of marriage at … on …”, inserting particulars of the place and the date of the previous ceremony;

and no further entry shall be made in column 4.

(3) In column 6 in form 23, if either of the parties has removed into another district since the notice of marriage was given, the registrar shall enter the words “Late of … but now residing at …”, together with the full address of both residences;

(4) In column 7 in form 23, if either father is deceased, the registrar shall enter the word “deceased” after the surname.

Entry of attestation

69.  In the form of attestation set out in Part II of form 23 the registrar shall—

(a) if the marriage has been solemnized in a registered building according to the rites and ceremonies of any religious body or denomination, enter in the places respectively provided for the purpose the description of the registered building, the title of the body or denomination according to the rites and ceremonies of which the marriage has been solemnized, and the word “certificate” or “licence”, as the case may be;

(b) if the marriage has been solemnized in a superintendent registrar's office, enter in the places respectively provided for the purpose the words “register office” and the word “certificate” or “licence”, as the case may be.

Signing the register

70.—(1) After entering the required particulars the registrar shall call upon the parties to the marriage to verify those particulars; and if it appears that any error has been made, the registrar shall thereupon in the presence of the parties make the necessary correction in the manner provided in regulation 72.

(2) When the required particulars have been verified in accordance with paragraph (1) the registrar shall call upon the parties to sign the register in the spaces provided; and after the parties have signed the register the registrar shall call upon the witnesses to sign similarly.

(3) The registrar shall then call upon the minister or other person, if any, or the superintendent registrar by or before whom the marriage was solemnized to sign the register in the space provided and to add his official designation or description.

(4) The registrar shall then sign the register in the space provided and add his official description.

PART XII CORRECTION OF ERRORS

Time when entry is complete

71.  An entry of a birth, still-birth, death or marriage shall for the purposes of these regulations be deemed to have been completed when the registrar by whom it is made has signed the entry and added his official description.

Correction of entry before completion

72.—(1) Where under these regulations a registrar is required to correct an error in an entry of a birth, still-birth, death or marriage before the completion of the entry, he shall, subject to the provisions of paragraph (2), make the correction in the following manner—

(a) if a word is incorrect, he shall strike it out by a line drawn through it, so, however, that the word remains legible, and write the correct word above it;

(b) if in any group of figures one or more figures is incorrect, he shall strike out all the figures in the group by a line drawn through them, so, however, that they remain legible, and write the correct figures above them;

(c) if a word has been omitted, he shall place a caret where the omission occurs and above the caret he shall write the word omitted, or if there is space to write the word omitted in the place of the omission, he shall write the word therein and underline it;

(d) all errors corrected as aforesaid shall be numbered consecutively by the registrar from the beginning of the register starting with “one”, and on making any such correction the registrar shall write the number of the error in figures against the correction in the body of the entry and shall repeat the same number in words in the margin of the entry and add his initials;

(e) if the particulars required to be entered in any two spaces or columns have been inadvertently transposed, the registrar shall, without any other correction, write in the margin of the entry a note of the error in the following form: “The particulars in … and … inadvertently transposed”, and add his initials.

(f) if the particulars required to be entered in respect of the parties to a marriage, or the fathers of the parties, have been inadvertently transposed, the registrar shall, without any other correction, write in the margin of the entry a note to that effect, specifying the particulars to which the note relates, and add his initials.

(2) If it appears that an error has been made in the signature of the informant or of one of the parties or witnesses to a marriage, the signatory and not the registrar shall make the correction, and the registrar shall number the error and make an entry in the margin as provided in paragraph (1)(d).

Correction of minor clerical errors after completion

73.—(1)  Where it appears to the superintendent registrar or the registrar, as the case may be, that there is in any completed entry in a register of births, still-births or deaths in his custody any error or omission to which this regulation applies (in this part of these regulations called a “Class I clerical error”), he shall correct the error in the manner prescribed in regulation 72(1), (a), (b), (c) or (e), whichever is appropriate.

(2) The clerical errors to which this regulation applies are—

(a) in a case where the particulars have been entered otherwise than by copying from a document specified in sub-paragraph (f) of this paragraph, any error in spelling any word which is not the name or surname of any person, or the misplacement or incorrect repetition of any such word;

(b) the incorrect statement or omission of the year of the birth, still-birth or death to which an entry relates or of the year of registration (but not of both);

(c) the incorrect statement or omission of the month in the date of registration, where it is evident from the preceding and succeeding entries what month should have been inserted;

(d) the omission of the words “by declaration dated …” in space 14 of a birth entry made in pursuance of regulation 24;

(e) the omission of any of the words “by baptism on …” or “on certificate of naming dated …” , as the case may be, following the entry of a name in space 17 of a birth entry made in pursuance of section 13 of the Act (which relates to registration or alteration of name after registration of birth);

(f) any error or omission in copying any particulars required to be copied from—

(i) a declaration made in pursuance of regulation 24;

(ii) a certificate of name given in baptism, or a certificate of name given otherwise than in baptism, delivered in pursuance of the said section 13;

(iii) a certificate of cause of death;

(iv) a doctor's or midwife's certificate of still-birth;

(v) a coroner's notification after post-mortem without inquest;

(vi) a coroner's certificate after inquest.

(3) Where a registrar makes any correction under paragraph (1), he shall make the correction in the presence and with the concurrence of the superintendent registrar or Inspector of Registration, and shall write in the margin of the entry a note in the following form:—

“

”

and shall complete and sign the note in the places provided; and the super-intendent registrar or Inspector of Registration, as the case may be, shall thereupon sign the note in the place provided.

(4) Where a superintendent registrar makes a correction under paragraph (1), he shall write in the margin of corrected entry a note in the following form—

“

”

(5) Where a registrar or a superintendent registrar is authorised by the Registrar General to correct, as if it were a Class I clerical error, a clerical error or omission of a kind other than those specified in paragraph (2), he shall correct the error or omission in the manner provided in regulation 72(1), (a), (b), (c) or (e), whichever is appropriate, and shall write in the margin of the entry a note in the following form or in such other form as the Registrar General may in any particular case direct—

“

”

and shall complete and sign the note in the places provided.

Correction of other clerical errors

74.—(1) Where it appears or is represented to a superintendent registrar or a registrar that there is in a completed entry made on the information of an informant in a register of births, still-births or deaths in his custody a clerical error other than a Class I clerical error, he shall send a report to the Registrar General about the alleged error, including in that report—

(a) such evidence as the Registrar General may require for the purpose of verifying the facts;

(b) the name of a qualified informant who will be available to witness a correction of the error; and

(c) a copy of the entry.

(2) On receiving the authority of the Registrar General to correct such an error, the superintendent registrar or the registrar, as the case may be, shall, in the presence of a qualified informant specified in the authority for the purpose, correct the error in the manner provided in regulation 72 (1), (a), (b), (c) or (e), whichever is appropriate.

(3) Where any correction is made under this regulation, the superintendent registrar or the registrar, as the case may be, shall write in the margin of the entry a note in the following form —

“

”

and shall complete and sign the note in the places provided; and the informant shall sign the note in the place provided and the superintendent registrar or registrar shall add to the signature of the informant his qualification.

Errors of fact or substance

75.—(1) Where it appears or is represented to a superintendent registrar or a registrar that there is an error of fact or substance in a completed entry in a register of births, still-births or deaths in his custody, not being an entry made in pursuance of a coroner's certificate after inquest, he shall send a report to the Registrar General about the alleged error, giving such information as the Registrar General may require, together with a copy of the entry, and shall comply with any particular instruction which the Registrar General may give for the purpose of verifying the facts of the case and ascertaining whether there are available two persons qualified to make a statutory declaration required by section 29(3) of the Act (which relates to the correction of errors in registers).

(2) On being informed by the Registrar General that the alleged error may be corrected on production of a statutory declaration made by the two persons aforesaid in such terms as satisfy the requirements of the said section 29(3), the superintendent registrar or the registrar, as the case may be, shall on production to him of the statutory declaration correct the error in the following manner—

(a) he shall underline the erroneous matter in the entry; and

(b) he shall, unless otherwise directed by the Registrar General, write in the margin of the entry a note in the following form—

“

”

and he shall enter the particulars of the correction and of the declarants and complete and sign the note in the places provided.

Correction on coroner's certificate

76.—(1) Where the superintendent registrar or the registrar having the custody of a register containing an entry made in pursuance of a coroner's certificate after inquest receives a certificate relating to that entry given by the coroner authorising the correction of the entry, he shall send a report to the Registrar General about the error, together with a copy of the entry and any coroner's certificate relating to the entry.

(2) Where the error is a clerical error, the superintendent registrar or the registrar, as the case may be, shall correct the error in the manner provided in regulation 72(1), (a), (b), (c), or (e), whichever is appropriate, and shall write in the margin of the said entry a note in the following form—

“

”

(3) Where the error is one of fact or substance, the superintendent registrar or the registrar, as the case may be, shall—

(a) underline the erroneous matter in the entry; and

(b) write in the margin of the entry a note in the following form—

“

”

and shall complete and sign the note in the places provided.

Correction of marriage entry

77.  Where it appears or is represented to the superintendent registrar or the registrar that there is in a completed entry in a register of marriages in his custody an error to which section 61 of the Marriage Act 1949 relates, he shall send a report to the Registrar General about the alleged error, giving such information as the Registrar General may require, together with a copy of the entry, and shall comply with any instruction which the Registrar General may give for the purpose of verifying the facts of the case and of ascertaining whether the parties or witnesses will be available to witness a correction of the entry.

PART XIII MISCELLANEOUS

Quarterly certified copies

78.—(1) For the purposes of section 26(1) of the Act (which requires registrars to make quarterly returns to superintendent registrars)—

(a) the forms of true copy of all the entries of births, still-births and deaths made in the registers during a period shall be forms 1, 5 and 9respectively, and such a copy shall be certified in form 24; and

(b) the form of certificate that no birth, still-birth or death has been registered in a sub-district during that period shall be form 25.

(2) For the purposes of section 57(2) of the Marriage Act) (which requires registrars to make quarterly returns to superintendent registrars), the form of certification by a registrar—

(a) of a true copy of all entries of marriages made in the marriage register book during a period, shall be form 26, and

(b) that no marriage has been registered in that book during that period, shall be form 27

Certificate of registration of birth or still-birth

79.  For the purposes of section 12 of the Act (which relates to certificates of registration of birth) the form of certificate that a registrar has registered a birth or still-birth shall be form 28

Section33 of Act not to apply to still-births

80.  Section 33 of the Act (which relates to short certificates of birth) shall not apply in relation to still-births.

Application for short certificate of birth

81.  For the purposes of section 33(1) of the Act (which relates to short certificates of birth) the particulars to be furnished on an application for a short certificate of birth shall be the following particulars relating to the registered person:—

(i) his name and surname;

(ii) the date and place of his birth;

(iii) the name and surname of his father; and

(iv) the name, surname and maiden surname of his mother;

Provided that—

(a) no particulars shall be required if the application is made at the time of registering the birth;

(b) any of the said particulars may be omitted if in the opinion of a superintendent registrar or registrar to whom the application is made it is not reasonably practicable for the applicant to furnish such particular.

Compilation of short certificate of birth

82.—(1) For the purposes of section 33(2) of the Act—

(a) the form of a short certificate of birth shall be form 29;

(b) the manner of compilation of such a form from registers in the custody of the superintendent registrar or registrar shall be as described in paragraphs (2) to (4); and

(c) the particulars to be contained therein shall be the particulars shown in the said form 29:

Provided that where the place of birth is not recorded in the birth entry, the superintendent registrar or registrar shall remit the application to the Registrar General.

(2) Opposite the words “Name and Surname” there shall be entered the name and surname of the person as recorded in space 17 or, if there is no name and surname therein, in space 2; and if more than one surname is so recorded there shall be entered such one of those surnames as the applicant may request.

(3) Opposite the words “Sex” and “Date of birth” respectively there shall be inserted the particulars thereof in the entry.

(4) Opposite the words “Place of birth” there shall be inserted the name of the registration district and sub-district in which the birth was registered.

Certificates of death for purposes of Industrial Assurance and Friendly Societies Act 1948

83.—(1) Where a person wishes to make an application for the issue of a certificate of death for the purposes of Schedule 1 to the Industrial Assurance and Friendly Societies Act 1948 (in this regulation called “the Act of 1948”) the registrar shall provide that person with a form of application supplied by the Registrar General.

(2) A superintendent registrar or a registrar shall not issue such a certificate to an applicant unless the applicant certifies in the application that he is the child, grandchild or stepchild, within the meaning of the Act of 1948, of the person to whose death the application relates and that he is entitled to claim under an insurance taken out by him on or after 1st January 1924 on the life of that person.

(3) Except as mentioned in paragraph (4), more than one certificate of death for the purposes of Schedule 1 to the Act of 1948 shall not be issued to the same person; and to ensure compliance with this provision every superintendent registrar and registrar shall keep a record in the form provided by the Registrar General of the number of the entry in the register in respect of which each such certificate is issued, the serial number of the certificate and the name and relationship to the deceased person of the person to whom that certificate is issued.

(4) If a person to whom a death certificate has been issued for the purposes of the Act of 1948 makes and delivers to the superintendent registrar or the registrar having custody of the register in which the death was registered a statutory declaration stating—

(a) that the certificate has been lost or destroyed; and

(b) whether any endorsement has been made on the certificate and, if so, by what society or company; and

(c) that if the original is recovered he will surrender it to the superintendent registrar or the registrar;

the superintendent registrar or the registrar shall issue to that person a duplicate of the certificate on a form provided for the purpose by the Registrar General.

(5) A superintendent registrar or a registrar who issues a duplicate certificate under this regulation in a case where it appears from the statutory declaration that an endorsement had been made on the lost or destroyed certificate by any society or company shall record on the duplicate certificate a requirement that it is to be produced to that society or company for the endorsement to be repeated on the duplicate.

Applications for certificates under various enactments

84.—(1) Where a person wishes to make an application or present a requisition to a registrar for a certificate of any birth, death or marriage for the purposes of any enactment referred to in paragraph (2), the registrar may on request provide that person with a form of application or requisition supplied by the Registrar General—

(2) The enactments referred to in paragraph (1) are—

(a) Savings Bank Act 1887,section 10;

(b) Friendly Societies Act 1896,section 98(5);

(c) Savings Certificate Regulations 1933 (2), regulation 30;

(d) Young Persons (Employment) Act 1938,section 5;

(e) Shops Act 1950,section 35;

(f) Premium Bonds Regulations 1956 (3), regulation 21;

(g) National Insurance Act 1965, section 91(3) (including that subsection as applied by—

(i) Family Allowances Act 1965, section 12; and

(ii) Industrial Injuries and Diseases (Old Cases) Act 1967, (section 13)

PART XIV ACCOUNTING

Duties which may be performed without pre-payment of fee

85.—(1) An officer, if authorised by the clerk in a particular case, may comply with an application made to him for any purpose for which a fee is payable under any enactment notwithstanding that the fee or, in the case of a non-salaried officer, so much of the fee as is payable by him to the council, has not been paid to him and, if so directed by the clerk in the particular case, he shall not refuse to comply with such an application on the ground that the fee or, in the case of a non-salaried officer, so much of the fee as is payable by him to the council has not been paid to him.

(2) The clerk may delegate his duties under this regulation, so far as they relate to applications made to a registrar, to the superintendent registrar within whose district that registrar has been appointed to act.

Recovery of fees, etc

86.—(1) Save as provided in regulation 85, an officer shall refuse to comply with an application voluntarily made to him until there shall have been paid to him the fee chargeable or, if he is a non-salaried officer, so much of the fee as is payable by him to the council.

(2) In any case where, in pursuance of regulation 85 an officer complies with an application without prior payment of the fee or, as the case may be, so much of the fee as is payable by him to the council, he shall report the circumstances to the council within 7 days thereafter and shall, on receiving from the council an indemnity in respect of all costs and expenses which he may incur, take such steps as the council may require to recover the fee or, as the case may be, so much of the fee as is payable by him to them.

Rendering of accounts

87.—(1) A principal officer shall within 14 days after the expiration of each period of 3 months ending on the last day of March, June, September and December respectively render to the Registrar General on a form provided by him for the purpose an account of all fees or parts of fees for which the officer is required under any enactment to account to the Registrar General in respect of that period.

(2) A principal officer shall also submit any special account which the Registrar General may require with respect to the said fees.

PART XV OFFENCES

Offences and proceedings

88.—(1) If it appears to any officer that any offence under or breach of the Act, the Population (Statistics) Act 1938 or the Marriage Act 1949 or, so far as they relate to marriages or to the registration of births, still-births and deaths, the Perjury Act 1911 or the Forgery Act 1913 has been committed, he shall report the matter to the Registrar General.(2) Save in accordance with any instructions given to him by the Registrar General, a superintendent registrar shall not commence any proceedings in respect of an offence under the Act or the Population (Statistics) Act 1938 or under section 76(1) or (2) of the Marriage Act 1949, (which relates to offences in the registration of marriage).

(2) Save in accordance with any instructions given to him by the Registrar General, a superintendent registrar shall not commence any proceedings in respect of an offence under the Act or the Population (Statistics) Act 1938 or under section 76(1) or (2) of the Marriage Act 1949, (which relates to the offences in the registration of marriage).

PART XVI REVOCATIONS

Revocations and saving for existing forms

89.  The regulations specified in schedule 2 are hereby revoked:

Provided that—

(a) such revocation shall not affect anything duly done or suffered or any right, privilege, obligation or liability acquired, accrued or incurred under any of those regulations;

(b) where any action is required to be taken in relation to any entry made before the commencement of these regulations, it shall be taken as if these regulations had not been made;

(c) notwithstanding anything in these regulations, any form lawfully used immediately before the commencement of these regulations for any of the purposes for which these regulations provide may be used for the like purpose until 1st April 1970.

Given under my hand on 17th December 1968.

Michael Reed

Registrar General

I approve

R. H. S. Crossman

Secretary of State for Social Services

18th December 1968