Statutory Instrument 1994 No. 1948

The Registration of Births and Deaths (Amendment) Regulations 1994

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© Crown Copyright 1994

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1994 No. 1948

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES ETC.
ENGLAND AND WALES

The Registration of Births and Deaths (Amendment) Regulations 1994

The Registrar General, in exercise of the powers conferred by sections 1(1), 5, 9(5), 10, 10A, 11(1)(b), 12, 14(1), 29(2), 39 and 41 of the Births and Deaths Registration Act 1953^[1], by section 20(a) and 21(1) of the Registration Service Act 1953^[2] and of all other powers enabling him in that behalf, with the approval of the Secretary of State for Health^[3], hereby makes the following Regulations—

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Registration of Births and Deaths (Amendment) Regulations 1994 and shall come into force on 1st April 1995.

    (2)  In these Regulations "the principal Regulations" means the Registration of Births and Deaths Regulations 1987^[4] and unless the context otherwise requires any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in the principal Regulations.

Amendment of regulation 2
    2.    In regulation 2(1) (interpretation) for the definition of "maiden surname" there shall be substituted the following definition:—
""maiden surname", in relation to a woman means the surname under which she contracted her marriage (or, where she has married more than once, her first marriage),"

Amendment of regulation 9
    3.    Regulation 9 (entry of particulars on registration within three months from date of birth) shall be amended as follows—
 (a) paragraph (6)(b) shall be omitted; and
 (b) immediately after paragraph 9(6) as amended by this regulation there shall be inserted the following paragraph—
"  (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"."

Amendment of regulation 19
    4.    For regulation 19(b)(i) (attendance and particulars on re-registration of birth) there shall be substituted—
"(i) in spaces 6 and 8b of form 1 (occupations) the occupations of the father and mother respectively need not be recorded as at both the date of birth and the date of the entry,"

Amendment of regulation 34
    5.    In regulation 34(2) (registration of still-birth where no reference is made to the coroner) in sub-paragraph (a) immediately after the figure "1" there shall be inserted "a", sub-paragraph (ii) shall be omitted and there shall be inserted immediately after sub-paragraph (a)(i) the following sub-paragraph—
"(aa) in space 1(b) (name and surname) any name and surname given by the informant in respect of the child;"

Amendment of regulation 36
    6.    In regulation 36(1)(a) (registration of still-birth on coroner's certificate after inquest) immediately after the figure "1" there shall be inserted "a, 1b".

Amendment of regulation 56
    7.    Subject to regulation 9 of these Regulations, regulation 56(3) (correction of certain minor clerical errors after completion of entries in registers of live-births and deaths)^[5] shall be amended by substituting for heads (iiia) and (iv) of sub-paragraph (3)(a) the following head—
"(iv) in space 8a, in the mother's place of birth and in space 8b in the mother's occupation,"

Substitutions of forms 1, 2, 5, 6, 9, 11 and 20 in Schedule 2
    8.    For forms 1, 2, 5, 6, 9, 11 and 20 in Schedule 2 (prescribed forms)^[6] there shall be substituted respectively forms 1, 2, 5, 6, 9, 11 and 20 in the Schedule to these Regulations.

Transitional Provisions
    9.    Regulation 56(3)(a)(iiia) and (iv) of the principal Regulations shall continue to apply as if these Regulations had not been made in relation to any entry relating to, respectively, the occupation of the mother in space 7, and the place of birth of the mother in space 8, of any form 1 completed in respect of any registration of a birth where that birth occurred before the date upon which these Regulations come into force.

Given under my hand on

P. J. Wormald

Registrar General

18th July 1994
Signed by authority of the Secretary of State for Health

Tom Sackville

Parliamentary Under-Secretary of State, Department of Health

20th July 1994

These Regulations make minor amendments to the Registration of Births and Deaths Regulations 1987.

The definition of "maiden surname" is amended to make it clear that such a term cannot apply to a woman who has never married.

The forms prescribed for the registration of live-births and still-births and their associated declarations, the declaration and statement for the re-registration of a birth and the form of certificate of registration of birth are amended so as to delete any reference to an NHS number, to insert a specific reference to the occupation of the mother and to make other minor changes in layout. Corresponding amendments are made to the regulations dealing with the particulars to be registered on birth and on re-registration of the birth of a legitimated person. In relation to registration of a still birth (including one after an inquest) an entry is prescribed as to the mother's occupation and, more clearly than previously, for any name or names given to a such a child. Provision is also made for the correction of any minor error in the particulars relating to the occupation of the mother.

These amendments, amongst other changes, implement proposals 4.5 and 4.21 of the White Paper "Registration: proposals for change" (Cm 939) published in January 1990.

These amendments impose no costs on business.

FORM 1
Regulation 7(1) Births and Deaths Registration Act 1953, ss.1(1) and 5
PARTICULARS OF BIRTH

FORM 2
Regulations 8, 16, 17(3)(a)(ii) Births and Deaths Registration Act 1953, ss.9(5), 10(1)(b)(i) and (c)(i) and 10A(1)(b)(i) and (c)(i)
DECLARATION/STATEMENT FOR THE REGISTRATION/RE-REGISTRATION OF A BIRTH

For use where the child's parents are not married to each other and one parent produces a statutory declaration of parentage made by the other parent.

FORM 5
STATEMENT FOR THE RE-REGISTRATION OF A BIRTH
Regulation 17(3)(a)(i) Births and Deaths Registration Act 1953, ss.9(5), 10A(1)(a)

For use (a) where the informants give information out of the sub-district of the child's birth or (b) in any case where more than 3 months have elapsed since the date of birth of the child.

FORM 6
Regulation 17(3)(a)(iii) Births and Deaths Registration Act 1953, ss.9(5), 10A(1)(d) to (g)
STATEMENT BY PARENT FOR THE RE-REGISTRATION OF A BIRTH

For use where the child's parents are not married to each other and one of them produces a copy of a parental responsibility agreement or a certified copy of an order.

FORM 9
Regulation 31 Births and Deaths Regulation Act 1953, ss.1(1) and (5)
PARTICULARS OF STILL BIRTH

FORM 11

DECLARATION AS TO STILL-BIRTH
Regulation 32(2) Births and Deaths Registration Act 1953, s.11(1)(b)

Date of still-birth ..........

Place of still-birth ..........

Name and surname of mother of still-born child ..........

Usual address of mother of child ..........

Reason why a certificate that the child was not born alive cannot be obtained from a registered medical practitioner or registered midwife

..........

..........

..........

I, declare that the particulars stated above are true to the best of my knowledge and belief, and that the child mentioned above was not born alive.

Signature .......... Date ..........

State whether "Mother", "Father", of the child or in what other capacity liable to give information concerning the still-birth

..........

FORM 20

CERTIFICATE OF REGISTRATION OF BIRTH
Regulation 62 Births and Deaths Registration Act 1953, s.12

I, the undersigned, do hereby certify that the birth of a male*/female child (still-) born on the has been duly registered by me at Entry No. .......... in my Register No. ..........

Name of informant ..........

Qualification of informant ..........

Date .......... Signature of registrar ..........

District .......... Sub-District ..........

*Strike out whichever does not apply

[1] 1953 c. 20; sections 1(1) and 5 were amended by the Children Act 1975 (c. 72), Schedule 3, paragraph 13(1); section 5 was also amended by the Registration of Births, Deaths and Marriages (Fees) Order 1968 (S.I. 1968/1242), Schedule 2; section 9(5) was added by the Children Act, 1975 section 93(3); sections 10 and 10A were substituted by the Family Law Reform Act 1987 (c. 42), sections 24 and 25 respectively; see the definitions of "the Minister" and "prescribed" in section 41. back

[2] 1953 c. 37; see the definitions of "the Minister" and "prescribed" in section 21(1). back

[3] See the Secretary of State for Social Services Order 1968 (S.I. 1968/1699), article 2, which transferred all the functions of the Minister of Health to the Secretary of State; the approval of the Secretary of State is required by virtue of section 39 of the Births and Deaths Registration Act 1953 and by virtue of section 20 of the Registration Service Act 1953. back

[4] S.I. 1987/2088; the relevant amending instruments are S.I. 1988/638, S.I. 1989/497, S.I. 1991/2275 and S.I. 1992/2753. back

[5] Regulation 56(3)(a)(iiia) was inserted by regulation 10(a) of S.I. 1989/497. back

[6] Form 2 was substituted in the principal Regulations by regulation 12 of S.I. 1989/497; form 6 was substituted by regulation 7(a) of S.I. 1991/2275. back