Schedule 3 | Registers of births and deaths: minor and consequential amendments

Part 1Amendments of the Births and Deaths Registration Act 1953

(1)The Births and Deaths Registration Act 1953 is amended as follows.

(1)Section 3A (registration of births of abandoned children) is amended as follows.

(2)In subsection (5), for the words from “direct” to the end substitute “enter in the margin of the relevant register of births a reference to the re-registration of the birth or, if the relevant register of births is in hard copy form, shall direct the officer having custody of that register to do so.”

(3)After that subsection insert—

(6)In subsection (5) “the relevant register of births”, in relation to the re-registration of the birth of a child, means the register of births in which the entry relating to the child was previously made.

(1)Section 13 (registration of name of child or of alteration of name) is amended as follows.

(2)In subsection (1), for “the registrar or superintendent registrar having the custody of the register” substitute “the relevant registration officer for the register”.

(3)In subsection (1A), for “The registrar or superintendent registrar having custody of the register in question” substitute “The relevant registration officer”.

(4)In subsection (1B), for “the registrar or superintendent registrar” substitute “the relevant registration officer”.

(5)After subsection (2) insert—

(2A)In this section the “relevant registration officer” for a register means—

(a)the registrar of births and deaths for the sub-district for which the register is or has been kept, or

(b)the superintendent registrar for the district containing that sub-district.

(4)In Part 3 (general), the italic heading before section 25 becomes “Registers, etc”.

(1)Section 29 (correction of errors in registers) is amended as follows.

(2)In subsection (3), for “the officer having the custody of the register” substitute “the appropriate registration officer”.

(3)In subsection (3A)(b), for “the officer having the custody of the register” substitute “the appropriate registration officer”.

(4)In subsection (3B)(b), for “the officer having the custody of the register” substitute “the appropriate registration officer”.

(5)In subsection (4), for “the officer having the custody of the register” substitute “the appropriate registration officer for the register”.

(6)After subsection (4) insert—

(5)In this section the “appropriate registration officer”, in relation to a register, means—

(a)in the case of a register of live-births or of deaths in hard copy form, the superintendent registrar having custody of the register;

(b)in the case of a register of live-births or of deaths not in hard copy form—

(i)the registrar of births and deaths for the sub-district for which the register is or has been kept, or

(ii)the superintendent registrar for the district containing that sub-district;

(c)in the case of a register of still-births, the Registrar General.

(6)In section 29A (alternative procedure for certain corrections), in subsection (4)—

(a)for “the officer having custody of the register” substitute “the appropriate registration officer”;

(b)at the end insert—

(1)Section 30 (searches of indexes kept by Registrar General) is amended as follows.

(2)After subsection (1) insert—

(1ZA)The Registrar General shall cause the following indexes to be made and kept in the General Register Office—

(a)an index of the entries in the registers kept under section 1 of this Act;

(b)an index of the entries in the registers kept under section 15 of this Act.

(3)In subsection (2), after “certified copies” insert “or in the said registers (as the case may be)”.

(4)In subsection (3)—

(a)for “to certified copies of entries in” substitute “in relation to”;

(b)for the words from “any such” to the end substitute “any register of still-births”.

(8)In section 31 (searches of indexes kept by superintendent registrars), for subsection (1) substitute—

(1)The superintendent registrar for each district shall cause the following indexes to be made—

(a)an index of the entries in the registers of live-births kept for the sub-districts within that district;

(b)an index of the entries in the registers of deaths kept for the sub-districts within that district.

(1A)The indexes must be kept with the other records of the register office for the district.

(9)For section 32 (searches in registers kept by registrars) substitute—

32Obtaining copies of entries from registrars

(1)Any person is entitled to obtain from a registrar for a sub-district, at any time when the registrar’s office is required to be open for the transaction of public business, a copy certified by the registrar of any entry in any register of births or register of deaths kept for that sub-district.

(2)But subsection (1) does not apply in relation to any register of still-births except as the registrar may, with the consent of the Registrar General, in any particular case allow.

(1)Section 33 (short certificate of birth) is amended as follows.

(2)In subsection (1), for “the Registrar General, a superintendent registrar or a registrar” substitute “the appropriate registration officer”.

(3)After subsection (1) insert—

(1A)In subsection (1) the “appropriate registration officer” means—

(a)in the case of a live-birth, the Registrar General, a superintendent registrar or a registrar;

(b)in the case of a still-birth—

(i)the Registrar General, or

(ii)a registrar acting at the time of the registration of the still-birth or with the consent of the Registrar General.

(4)In subsection (2)—

(a)for the words from “the records and registers” to “may be” substitute “the register in which the entry relating to the birth is made, or, in the case of the Registrar General, from the records in the Registrar General’s custody”;

(b)for “any such records or registers” substitute “any register of births or in any such records”.

(11)In section 33A (short certificate of death), in subsection (2), for the words from “the records and registers” to “may be” substitute “the register in which the entry relating to the death is made, or, in the case of the Registrar General, from the records in the Registrar General’s custody”.

(12)In section 34 (entry in register as evidence of birth or death), in subsection (5), before “on which” insert “in or”.

(1)Section 34A (searches and records of information: additional provision) is amended as follows.

(2)In subsection (1)—

(a)after paragraph (a) insert—

(aa)to carry out, on request, a search to find out whether any of the registers kept under this Act contains a particular entry;

;

(b)in paragraph (b), after “copies” insert “or in such a register”.

(3)In subsection (5), at the end insert “or in a register kept under this Act”.

(14)In section 35 (offences relating to registers), in paragraph (b), after “deaths” insert “kept in hard copy form”.

(15)In section 40 (sending and providing notices, information or other documents), omit “, return”.

(16)In section 41 (interpretation), after subsection (3) insert—

(4)For the purposes of this Act a register is in hard copy form if it consists of a paper copy or similar form capable of being read with the naked eye.

Part 2Amendments of other legislation

(17)The Registration Service Act 1953 is amended as follows.

(18)In section 10 (district register offices), in subsection (1), omit the words from “, and shall provide” to the end.

(19)In section 12 (provision of register boxes), omit “registrar of births and deaths and”.

(20)In section 13 (local schemes of organisation), in subsection (2), after paragraph (b) insert— .

(ba)determining the equipment or facilities to be provided at those offices and stations by the council for the non-metropolitan county or metropolitan district;

(21)In Schedule 1 to the Public Records Act 1958 (definition of public records), in paragraph 2(2)(b), after “adoptions,” insert “or to any other records held by the Registrar General of information entered in any register of births or deaths kept under any such enactment,”.

(22)In section 124 of the Social Security Administration Act 1992 (provisions relating to age, death and marriage), after subsection (5) insert—

(6)The reference in subsection (1) above to a register in the custody of a registrar or superintendent registrar includes, in relation to registers of births or deaths kept under the Births and Deaths Registration Act 1953, a reference to any such register kept for the registrar’s sub-district or (as the case may be) for a sub-district within the superintendent registrar’s district; and references in subsection (3) above to the custodian of the register are to be read accordingly.

(1)Section 564 of the Education Act 1996 (certificates of birth and registrars’ returns) is amended as follows.

(2)In subsection (1), for “the registrar having the custody of the register of births and deaths” substitute “the relevant registrar for the register”.

(3)In subsection (3)—

(a)for “A registrar” substitute “The relevant registrar for a register”;

(b)for “any register of births and deaths in his custody” substitute “the register”.

(4)In subsection (4)—

(a)in the definition of “the appropriate fee”, for “the registrar having custody of the register concerned” substitute “the relevant registrar for a register”;

(b)for the definition of “register of births and deaths” substitute— ;

(c)at the end insert—

(24)In section 78 of the Adoption and Children Act 2002 (Adopted Children Register: searches and copies), in subsection (4)—

(a)in paragraph (a), omit “certified copies of”;

(b)in paragraph (b), for “certified copies”, in the second place it occurs, substitute “registers”.

(25)The Gender Recognition Act 2004 is amended as follows.

(1)Section 10 (registration) is amended as follows.

(2)In subsection (2), omit the “or” after paragraph (a) and after paragraph (b) insert

(c)an entry in a register kept under section 1 of the Births and Deaths Registration Act 1953,

.

(3)For subsection (3) substitute—

(3)“The appropriate Registrar General” means—

(a)in relation to a UK birth register entry of which a certified copy is kept by a Registrar General or which is in a register so kept, whichever Registrar General keeps that certified copy or that register;

(b)in relation to a UK birth register entry in a register kept under section 1 of the Births and Deaths Registration Act 1953, the Registrar General for England and Wales.

(3A)For the purposes of this section each of the following is a Registrar General—

(a)the Registrar General for England and Wales;

(b)the Registrar General for Scotland;

(c)the Registrar General for Northern Ireland.

(27)In Part 1 of Schedule 3 (registration: England and Wales), in paragraphs 5(3) and 8(2), for “or (b)” substitute “, (b) or (c)”.

(28)In Schedule 1 to the Presumption of Death Act 2013 (Register of Presumed Deaths), in paragraph 7 (interpretation)—

(a)after “means” insert

;

(b)at the end insert

(b)the index kept in the General Register Office of such entries.