The Registration of Births and Deaths Regulations 1987

PART V E+W RE-REGISTRATION OF BIRTHS OF LEGITIMATED PERSONS

Attendance and particulars on re-registration E+W

19.  Where under section 14(1) of the Act(1) the Registrar General authorises the re-registration of the birth of a legitimated person–

(a) except where Regulation 21 or 23 applies, and subject to section 14(2) of the Act(2) (personal attendance as required by the Registrar General), [F1 a mother, father or other parent] of the legitimated person shall attend personally at the office of the relevant registrar for re-registration of the birth within such time as the Registrar General may direct;

(b) Regulation 7(2) shall apply as to the particulars to be recorded in respect of the [F2 mother, father or other parent] except that–

[F3 (i) in spaces 6 and 8b of form 1 (occupations) the occupations of the [F4 father and mother, or the other parent and mother] respectively need not be recorded as at both the date of birth and the date of the entry,]

(ii) in space 7 of form 1, the surname to be recorded in respect of the mother of the child shall be her surname immediately after her marriage to the father [F5 or her civil partnership with the other parent], and

[F6 (iii) in space 9(b) of form 1 the surname (if any) to be entered shall be that in which the mother contracted her marriage or civil partnership to the father or other parent (respectively) of the child prior to re-registration.]

Textual Amendments

F1 Words in reg. 19(a) substituted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 13(1)

F2 Words in reg. 19(b) substituted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 13(2)

F3 Reg. 19(b)(i) substituted (1.4.1995) by The Registration of Births and Deaths (Amendment) Regulations 1994 (S.I. 1994/1948), regs. 1(1), 4

F4 Words in reg. 19(b)(i) substituted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 13(3)

F5 Words in reg. 19(b)(ii) inserted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 13(4)

F6 Words in reg. 19(b)(iii) substituted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 13(5)

Commencement Information

I1 Reg. 19 in force at 1.1.1988, see reg. 1

[F7 Re-registration where mother, father or other parent attends E+W

20.   Where the mother, father or other parent as the case may be, attend at the office of the relevant registrar to re-register a birth, the registrar must —

(a) ascertain from them the particulars to be registered and enter them in spaces 1 to 13 of form 1 and;

(b) ask whoever is acting as the informant to verify the particulars and to sign the entry in space 14 of form 1;

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

(d) sign the entry in space 16 of form 1 and add his official description.]

Textual Amendments

F7 Reg. 20 substituted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 14

Commencement Information

I2 Reg. 20 in force at 1.1.1988, see reg. 1

Making of declaration where parent does not attend E+W

21.—(1) Instead of attending personally at the office of the relevant registrar, a parent may F8 ... verify the particulars required on re-registration in accordance with the following provisions of this Regulation [F9 , provided that if the parent is not in England and Wales, he has obtained the written consent of the Registrar General].

(2) A parent who is in England or Wales may verify the particulars by making and signing before any registrar other than the relevant registrar a declaration of the particulars on an approved form.

(3) Any such declaration shall be attested by the registrar before whom it is made and sent by him to the relevant registrar.

(4) A parent who is not in England or Wales may verify the particulars by making and signing before a relevant authority, and sending to the Registrar General, a declaration of the particulars on an approved form.

(5) In paragraph (4) “relevant authority” means–

(a) in the case of a parent who is in Scotland, Northern Ireland, the Isle of Man, the Channel Islands or any part of the Commonwealth outside the British Islands or who is in the Irish Republic, a notary public and any other person who, in the place where the declaration is made, is authorised to administer oaths;

(b) in the case of a parent to whom sub-paragraph (a) above does not apply (and who is outside England and Wales), one of Her Majesty’s consular officers, a notary public and any other person who, in the place where the declaration is made, is authorised to administer oaths so however that a declaration made otherwise than before a consular officer shall be authenticated by such an officer if the Registrar General so requires;

(c) in the case of a parent who is a member of Her Majesty’s Forces and who is not in the United Kingdom, any officer who holds a rank not below that of Lieutenant-Commander, Major or Squadron-Leader.

[F10 (6) In this regulation parent means mother, father or other parent.]

Textual Amendments

F8 Words in reg. 21(1) omitted (1.7.1997) by virtue of The Registration of Births and Deaths (Amendment No. 2) Regulations 1997 (S.I. 1997/1533), regs. 1, 2(4)(a)

F9 Words in reg. 21(1) inserted (1.7.1997) by The Registration of Births and Deaths (Amendment No. 2) Regulations 1997 (S.I. 1997/1533), regs. 1, 2(4)(b)

F10 Reg. 21(6) inserted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 15

Commencement Information

I3 Reg. 21 in force at 1.1.1988, see reg. 1

Re-registration in pursuance of declaration E+W

22.  On receiving the Registrar General’s authority to re-register a birth together with his consent as to verification and the declaration made for the purposes of Regulation 21, the relevant registrar shall–

(a) copy the particulars recorded in the spaces of the declaration into the corresponding spaces of form 1;

(b) enter in space 12 of form 1 the qualification of the informant as “father” or “mother” [F11 or “other parent”], as the case may be;

(c) enter in space 14 of form 1 the name of the declarant in the form in which he signed the declaration and add the words “by declaration dated ... ... ... ...”, inserting the date on which the declaration was made and signed;

(d) complete the entry as provided in regulation 20(3)(c) and (d).

Textual Amendments

F11 Words in reg. 22(b) inserted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 16

Commencement Information

I4 Reg. 22 in force at 1.1.1988, see reg. 1

Re-registration where particulars not verified by parent E+W

23.  Where, in a case to which any of the provisos to section 14(1)(3) [F12 of the Act] applies, the Registrar General authorises the relevant registrar to re-register the birth of a legitimated person notwithstanding that the particulars to be registered have not been verified by either parent, the registrar shall–

(a) copy the particulars recorded in the spaces of the authority into the corresponding spaces of form 1;

(b) enter in space 14 the words “On the authority of the Registrar General” without any further entry in that space;

(c) enter in space 15 the date on which the entry is made and sign the entry in space 16, adding his official description.

[F13 (2)  In this regulation, parent means mother, father or other parent.]

Textual Amendments

F12 Words in reg. 23 inserted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 17(1)

F13 Words in reg. 23 inserted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 17(2)

Commencement Information

I5 Reg. 23 in force at 1.1.1988, see reg. 1

Noting of previous entry E+W

24.  Where the birth of a legitimated person is re-registered in accordance with Regulation 20, 22 or 23 the superintendent registrar or registrar having custody of the register in which the birth was previously registered shall, when so directed by the Registrar General, note in the margin of the previous entry the words “Re-registered under section 14 of the Births and Deaths Registration Act 1953, on ... ... ... ...”, inserting the date of the re-registration.

Commencement Information

I6 Reg. 24 in force at 1.1.1988, see reg. 1

Certified copies of re-registered entries E+W

25.  Where an application is made to a superintendent registrar or 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–

(a) he shall supply a certified copy of the entry of re-registration;

(b) a certified copy of the superseded entry shall not be supplied except with the authority of the Registrar General.

Commencement Information

I7 Reg. 25 in force at 1.1.1988, see reg. 1

Re-registration where person born at sea E+W

26.—(1) Where under section 14(1) of the Act the Registrar General authorises 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) a [F14 mother, father or other parent] of the legitimated person shall verify the particulars required on re-registration by making and signing on an approved form a declaration of those particulars before a registrar or a relevant authority as defined in Regulation 21(5);

(b) the [F15 mother, father or other parent] shall send the declaration to the Registrar General.

(2) In relation to any case to which this Regulation applies, section 14(1) of the Act shall apply with the modification that a person deputed for the purpose by the Registrar General shall on receiving the Registrar General’s authority, together with the declaration made by the [F16 mother, father or other parent] under paragraph (1), effect re-registration by–

(a) making the entry in a register to be kept at the General Register Office in form 7, copying the particulars recorded in the spaces of the authority into the corresponding spaces of the form;

(b) noting in the margin of any previous record of the birth in the custody of the Registrar General the words “Re-registered under section 14 of the Births and Deaths Registration Act 1953, on ... ... ... ...”, inserting the date of re-registration; and

(c) sending a copy of the previous record, including a copy of the marginal note, certified under the seal of the General Register Office, to the authority from whom that record was received by the Registrar General.

Textual Amendments

F14 Words in reg. 26(1)(a) substituted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 18(1)

F15 Words in reg. 26(1)(b) substituted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 18(2)

F16 Words in reg. 26(2) substituted (1.9.2009) by The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/2165), regs. 1(1), 18(3)

Commencement Information

I8 Reg. 26 in force at 1.1.1988, see reg. 1

(1)

Section 14(1) was amended by section 1(2) of the Legitimation (Re-registration of Birth) Act 1957 (c. 39); by paragraph 1(b) of Schedule 1 to the Matrimonial Causes Act 1973 (c. 18); and by paragraph 13(3) of Schedule 3 to the Children Act 1975 (c. 72).

(2)

Section 14(2) was amended by section 1(2) of the Legitimation (Re-registration of Birth) Act 1957 (c. 39).

(3)

Proviso (a) was amended by paragraph 13(3) of Schedule 3 to the Children Act 1975 (c. 72) and proviso (c) by paragraph 1(b) of Schedule 1 to the Matrimonial Causes Act 1973 (c. 18).