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Amendment of provisions relating to the registration of births

2.—(1) The provisions of Parts III (registration of live-births) and VIII (registration of still-births) of the principal Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 13 (declaration and registration under section 9 of the Act) at the beginning of paragraph (1) there shall be inserted the words “In relation to a live-birth,”.

(3) In regulation 33 (reference to coroner) in paragraph (1) for the words “a registrar” there shall be substituted the words “the relevant registrar”.

(4) After regulation 34 there shall be inserted the following regulation—

Declaration and registration of a still-birth under section 9 of the Act

34A.(1) In relation to a still-birth, the officer before whom a declaration for the purposes of section 9(1) of the Act (giving of information to a person other than the registrar may be made shall be any registrar) other than 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 still-birth, using an approved form for the purpose;

(b)show or read the particulars entered on the form to the informant and correct any error or omission, requiring the informant to initial any amendment and then to sign the declaration;

(c)attest the declaration himself; and

(d)send the declaration and either the certificate in form 10 or the declaration in form 11 to the relevant registrar in accordance with section 11(1B)(b) of the Act(1).

(3) Except in a case to which regulation 33 applies, 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 in the presence of the declarant 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 and either the certificate in form 10 or the declaration in form 11 the registrar shall, subject to paragraph (3), enter the particulars of the birth in the register in the following manner—

(a)in spaces 1 and 3 to 13 of form 9, 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 2 of form 9, he shall enter the cause of death and nature of the evidence that the child was still-born—

(i)if he has received a certificate in form 10, as they appear in that certificate; or

(ii)if he has received a declaration in form 11, as they appear in the corresponding spaces of the declaration for the purposes of section 9(1) of the Act, except that where those 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.

(c)in space 14 of form 9—

(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 paragraph (b) or (c) of section 10(1) of the Act(3) 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) head (ii) or (iii) of paragraph (1)(b) of that regulation;

(d)in space 15 of form 9 he shall enter the date on which the entry is made; and

(e)in space 16 of form 9 he shall sign the entry, adding his official description..

(5) In regulation 35 (registration on coroner’s notification where no inquest is held) in paragraph (1) after the words “in accordance with Regulation 34(2)” there shall be inserted the words “or, if a declaration is made for the purposes of section 9(1) of the Act, in accordance with regulation 34A(4)”.

(1)

Section 11(1B) was inserted by S.I. 1996/2395.

(2)

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

(3)

Section 10 was substituted by section 24 of the Family Law Reform Act 1987 and amended by section 108(4) of and paragraph 6 of Schedule 12 to the Children Act 1989.