The Legislative Reform (Overseas Registration of Births and Deaths) Order 2014

Statutory Instruments

2014 No. 542

Registration Of Births, Deaths, Marriages Etc

Regulatory Reform

The Legislative Reform (Overseas Registration of Births and Deaths) Order 2014

Made

5th March 2014

Coming into force

1st April 2014

The Secretary of State, in exercise of the powers conferred by sections 1 and 2 of the Legislative and Regulatory Reform Act 2006(1), makes the following Order.

The Secretary of State considers that the conditions in section 3(2) of that Act are satisfied.

The Secretary of State has consulted in accordance with section 13 of that Act and has laid a draft Order and explanatory document before Parliament in accordance with section 14 of that Act.

Pursuant to section 15 of that Act, the affirmative resolution procedure (within the meaning of section 17 of that Act) applies in relation to the making of this Order.

In accordance with section 17(2) of that Act, the draft has been approved by resolution of each House of Parliament after the expiry of the 40-day period.

Citation and commencement

1.  This Order may be cited as the Legislative Reform (Overseas Registration of Births and Deaths) Order 2014 and comes into force on 1st April 2014.

Amendment of the British Nationality Act 1981

2.  In section 41 of the British Nationality Act 1981(2) (powers to make regulations and Orders in Council)—

(a) in subsection (1)—

(i) in paragraph (g) omit from “there” to the end;

(ii) in paragraph (h) omit from “there” to the end;

(iii) omit paragraph (i);

(b) in subsection (4)(a) for “to (i)” substitute “and (h)”.

Mark Simmonds

Parliamentary Under-Secretary of State

Foreign and Commonwealth Office

5th March 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends section 41 of the British Nationality Act 1981 which enables regulations to be made relating to the registration of births and deaths of persons who were born or who died in a country outside the United Kingdom.

This Order removes the existing provisions which require, subject to certain exceptions, the registration of such persons to be carried out in the country in which they were born or in which they died, if there is a consular or diplomatic presence in that country.

The regulations to be made under this new provision may enable registration to take place in a different country to that in which the person was born or died, for example in the United Kingdom.

(1)

2006 c. 51.

(2)

1981 c. 61.