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PART IIIE+WREGISTRATION OF LIVE-BIRTHS

Particulars to be registered and form of registerE+W

7.—(1) The particulars concerning a live-birth required to be registered pursuant to section 1(1) of the Act(1) shall, subject to the provisions of these Regulations, be those required in spaces 1 to 13 in form 1 and that form shall be the prescribed form for registration of live-births for the purpose of section 5 of the Act (which provides for registration of births free of charge).

(2) Except as otherwise provided in these Regulations the particulars to be recorded in respect of the [F1mother, father or other parent] of a child shall be those appropriate as at the date of its birth.

Textual Amendments

Commencement Information

I1Reg. 7 in force at 1.1.1988, see reg. 1

[F2Declaration by mother, father or other parent for registration of birthE+W

8.  Form 2 is the prescribed form of the declaration to be made under the Act by—

(a)the mother under section 10(1)(b)(i);

(b)the father under section 10(1)(c)(i);

(c)the mother under section 10(1B)(b)(i); or

(d)the other parent under section 10(1B)(c)(i).]

Textual Amendments

Commencement Information

I2Reg. 8 in force at 1.1.1988, see reg. 1

[F3Entry of particulars on registration]E+W

9.—(1) Where the relevant registrar receives from any qualified informant F4... information of the particulars required by Regulation 7(1) he shall F5... register the birth and the particulars, if not previously registered, F6... on form 1, entering the particulars required in spaces 1 to 13 in accordance, where applicable, with the following provisions of this Regulation.

(2) With respect to space 1 (date and place of birth), if more than one living child is born at the confinement the registrar shall after the date of birth enter the time of birth.

(3) With respect to space 2 (name and surname)–

(a)if a name is not given, the registrar shall enter only the surname, preceded by a horizontal line;

(b)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.

[F7(4) With respect to space 4 (father’s, or other parent’s, name and surname) —

(a)If, other than in a case to which sub-paragraph (b) applies, the father or other parent acquired after the child’s birth a name or surname different from their name at the date of the birth, the registrar shall enter in space 4 the name and surname as at the date of birth followed by the name and surname as at the date of registration preceded by the word ‘now’; or if the father or other parent has died between the birth and the date of registration and changed their name between the birth and their subsequent death, their name and surname at birth is provided followed by the word “afterwards” and then their name at the date of their death is inserted into space 4;

(b)In the case of a request made under paragraph (d), (e), (f) or (g) of section 10(1) or paragraph (d), (e), (f) of section 10(1B) and upon production of a declaration in Form 6A, the registrar shall enter in space 4 of Form 1, the name and surname of the father or putative father or other parent or putative other parent as appropriate and as recorded in the parental responsibility agreement mentioned in section 10(1)(d)(i) or 10(1B)(d)(i) or the orders mentioned in section 10(1)(e)(i), (f)(i), (g)(i),or section 10(1B) (e)(i) or (f)(i).

(c)In the case of a request under section 10ZA of the Act (Registration of father or second female parent by virtue of certain provisions of the Human Fertilisation and Embryology Act 2008) the registrar shall enter in space 4, as the father or other parent of the child, the name and surname as at the date of death, of the man who is the father or the woman who is the other parent.]

[F8(4A) Form 6A shall be the prescribed form of the declaration for the purposes of paragraphs (d) to (g) of section 10(1) [F9, and paragraphs (d) to (f) of section 10(1B)] of the Act.]

[F10(5) With respect to spaces 5 and 6 (father or other parent’s place of birth and occupation)—

(a)In a case to which section 10(1) or 10(1B) of the Act applies, the registrar shall not complete spaces 5 and 6 unless the name and surname of the father, or other parent, of the child have been entered in space 4 pursuant to either of those sections;

(b)If either the father or the other parent was deceased at the date of the birth the registrar shall enter in space 6 the word ‘deceased’;

(c)If the father or other parent has changed their occupation since the birth of the child, the registrar shall in space 6, after the occupation as at the date of the birth, enter the occupation as at the date of registration, preceded by the word ‘now’.]

(6) With respect to space 7 (mother’s name and surname)–

(a)if after the birth of the child the mother acquired a name or 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 name and surname as at the date of registration preceded by the word “now” or, if the mother is deceased, the name and surname as at her death preceded by the word “afterwards”;

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(6A) With respect to space 8b (mother’s occupation) if the mother has changed her occupation since the birth of the child, the registrar shall in space 8b after the occupation as at the date of the birth enter the occupation as at the date of registration preceded by the word “now”.]

[F13(7) With respect to space 9(b) (mother’s surname at marriage or civil partnership if different from maiden surname) the surname to be entered shall be—

F14(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the name in which she contracted her marriage with, or in which she entered into a civil partnership with, the [F15father or] other parent of the child [F16(and where the marriage results from the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, the name to be entered is that used for the conversion, if different)].]

[F17(8) For space 13 (informant’s usual address) —

(a)the address required is the address at registration of the birth;

(b)if under sections 10(1)(a) or 10(1B)(a) of the Act an entry of the father or other parent has been made, the registrar shall enter the father’s or other parent’s address followed by the mother’s address if different;

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

(9) After completing spaces 1 to 13 of the entry the registrar shall call upon the informant to verify the particulars entered.

(10) If any error has been made in those particulars, [F18the registrar, in the presence of the informant, shall, where the entry is being completed in manuscript, make the correction in accordance with regulation 54].

Textual Amendments

Commencement Information

I3Reg. 9 in force at 1.1.1988, see reg. 1

Completion of registrationE+W

10.—(1) When spaces 1 to 13 of form 1 have been completed and verified the registrar shall call upon the following persons to sign the entry in space 14 of the form–

(a)subject to sub-paragraph (b) [F19or (c)], the informant;

(b)where an entry has been made under [F20section 10(1)] of the Act–

(i)if made pursuant to paragraph (a) of that [F21sub-section], the person acknowledging himself to be the father, and then the mother,

(ii)if made pursuant to paragraph (b) of that [F21sub-section], the mother, in which case the registrar shall add after her signature the words “Statutory declaration made by ... ... ... ...on ... ... ... ...”, inserting the name and surname of the person acknowledging himself to be the father and the date on which the statutory declaration was made by him,

[F22(iii)if made pursuant to paragraph (c) of that sub-section, the person stating himself to be the father of the child, in which case the registrar shall add after his signature the words “Statutory declaration made by ... ... ... ... on ... ... ... ...”, inserting the name and surname of the mother and the date on which the statutory declaration was made by her,]

[F23(iv)if made pursuant to paragraph (d) of that sub-section, the person making the request in which case the registrar shall add after his signature the words “Pursuant to section 10(1)(d) of the Births and Deaths Registration Act 1953”,

(v)if made pursuant to paragraph (e) of that sub-section, the person making the request, in which case the registrar shall add after his signature the words “Pursuant to section 10(1)(e) of the Births and Deaths Registration Act 1953,”

(vi)if made pursuant to paragraph (f) of that sub-section, the person making the request in which case the registrar shall add after his signature the words “Pursuant to section 10(1)(f) of the Births and Deaths Registration Act 1953,”

(vii)if made pursuant to paragraph (g) of that sub-section, the person making the request in which case the Registrar shall add after his signature the words “Pursuant to section 10(1)(g) of the Births and Deaths Registration Act 1953”.]

[F24(c)where an entry has been made under section 10(1B) of the Act the following persons shall sign the entry in space 14 —

(i)the person acknowledging herself to be the other parent and then the mother if made under paragraph (a) of section 10(1B);

(ii)the mother if made pursuant to paragraph (b) of section 10(1B), in which case the registrar shall add after the mother’s signature the words “Statutory declaration made by … on …” , inserting the name and surname of the person acknowledging herself to be the other parent and the date on which the statutory declaration was made by her;

(iii)the person stating herself to be the other parent if made under paragraph (c) of section 10(1B) in which case the registrar shall add after her signature the words “Statutory declaration made by … on …” inserting the name and surname of the mother and the date on which the statutory declaration was made by her;

(iv)the mother or other parent making the request if made under paragraph (d) of section 10(1B), in which case the registrar shall add after his signature the words ‘Pursuant to section 10(1B)(d) of the Births and Deaths Registration Act 1953’;

(v)the person making the request if made under paragraph (e) of section 10(1B), in which case the registrar shall add after his signature the words ‘Pursuant to section 10(1B)(e) of the Births and Deaths Registration Act 1953’; or

(vi)the person making the request if made under paragraph (f) of section 10(1B), in which case the registrar shall add after his signature the words ‘Pursuant to section 10(1B)(f) of the Births and Deaths Registration Act 1953’.]

[F25(d)Where an entry has been made under section 10ZA of the Act, the person making the request shall sign the entry in space 14, in which case the registrar shall add after his signature the words “Pursuant to section 10ZA of the Births and Deaths Registration Act 1953.]

(2) The registrar shall then enter in space 15 the date on which the entry is made and shall sign the entry in space 16, adding his official description.

Textual Amendments

Commencement Information

I4Reg. 10 in force at 1.1.1988, see reg. 1

Registration between three and twelve months from date of birthE+W

F2611.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I5Reg. 11 in force at 1.1.1988, see reg. 1

[F27Report to the Registrar General]E+W

12.—(1) Where a relevant registrar F28... is informed that a live-birth which occurred more than twelve months previously has not been registered, he shall make a report to the Registrar General stating, to the best of his knowledge and belief–

(a)the particulars required to be registered concerning the birth;

(b)the source of his information; and

(c)the name, surname and address of any qualified informant available to give information for the registration.

[F29(2) On being satisfied that the Registrar General has issued his written authority to the relevant registrar for the registration of the birth, that registrar, on registering the birth, shall enter in space 15 the words “On the authority of the Registrar General”.]

F30(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I6Reg. 12 in force at 1.1.1988, see reg. 1

Declaration and registration under section 9 of the ActE+W

13.—[F31(1) In relation to a live-birth, the officer prescribed for the purposes of section 9(1) of the Act is a registrar who is not the relevant registrar.]

(2) The officer before whom the declaration is to be made shall–

(a)enter in the declaration the particulars required to be registered concerning the birth, using an approved form for the purpose;

(b)[F32show or read the declaration to the informant and correct any error or omission, requiring the informant to initial any amendment if the declaration is prepared in manuscript, and then to sign the declaration];

(c)attest the declaration himself;

(d)send the declaration to the relevant registrar in accordance with section 9(2) of the Act.

(3) Where it appears to the relevant registrar that the particulars contained in the declaration 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–

(a)that officer shall then F33... amend any error by striking out any incorrect particulars and inserting the correct particulars;

(b)any amendment so made shall be initialled by the declarant, and the declaration shall be returned to the relevant registrar.

(4) On receiving the declaration the registrar shall, subject to paragraph (3), enter the particulars of the birth in the register in the following manner–

(a)in spaces 1 to 13 of form 1, he shall enter the particulars as appearing in the corresponding spaces of the declaration, except that where any particulars have been corrected in pursuance of paragraph (3) 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 of form 1 (signature of informant)–

(i)he shall enter the name of the declarant in the form in which he signed the declaration and shall add the words “by declaration dated ... ... ... ...”, inserting the date on which the declaration was made and signed,

(ii)if, pursuant to section 9(4) of the Act(2), a request made under [F34paragraph (b), (c), (d), (e), (f) or (g) of section 10(1) of the Act] [F35, or a request made under paragraph (b), (c), (d), (e), or (f) of section 10(1B) of the Act,] was included in the declaration, he shall after the words required by head (i) make the same addition as, on completion of registration under Regulation 10, would be required under (as the case may be) [F36head (ii), (iii), (iv), (v), (vi) or (vii)] of paragraph (1)(b) of that Regulation.

[F37(iii)if, pursuant to section 9(4)(A) of the Act, a request made under section 10ZA of the Act was included in the declaration, he shall after the words “by declaration dated…” add “Pursuant to section 10ZA of the Births and Deaths Registration Act 1953.”]

[F38(5) If—

(a)not more than twelve months have elapsed from the date of the birth, the registrar shall enter the date on which the entry is made in space 15 of form 1 and shall sign the entry in space 16 of that form, adding his official description;

(b)more than twelve months have elapsed since the date of the birth, the registrar shall, on being satisfied that the Registrar General has given written authority in accordance with section 7 of the Act—

(i)enter the date on which the entry is made and the words “On the authority of the Registrar General” in space 15 of form 1; and

(ii)sign the entry in space 16 of that form, adding his official description.]

Textual Amendments

Commencement Information

I7Reg. 13 in force at 1.1.1988, see reg. 1

Alteration or giving of name after registrationE+W

14.—(1) The form of the certificate pursuant to section 13(1) of the Act, as to the alteration of or giving of a name to a child before the expiration of twelve months from the date of the registration of its birth, shall be–

(a)where the name was altered or given in baptism, form 3;

(b)where the name was altered or given otherwise than in baptism, form 4.

(2) Upon delivery to him of a certificate duly signed in accordance with section 13(1), the registrar or superintendent registrar having custody of the register in which the birth is entered shall (in pursuance of section 13(1)) enter in space 17 of the entry the name shown in the certificate, followed by the surname recorded in space 2 of the entry and–

(a)[F39where the name was altered or given in baptism] he shall add the words “by baptism on ... ... ... ...”, inserting the date on which the child was baptised;

(b)[F40where the name was altered or given otherwise than in baptism], he shall add the words “on certificate of naming dated ... ... ... ...”, inserting the date on which the certificate was signed.

Textual Amendments

Commencement Information

I8Reg. 14 in force at 1.1.1988, see reg. 1

(1)

Section 1(1) was amended by paragraph 13(1) of Schedule 3 to the Children Act 1975 (c. 72).

(2)

Section 9(4) was added by section 93(3) of the Children Act 1975 (c. 72).