The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009
| Jurisdiction | UK Non-devolved |
2009 No. 2165
Registration Of Births, Deaths, Marriages Etc., England And Wales
The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009
Made 5th August 2009
Coming into force 1st September 2009
The Registrar General, in exercise of the powers conferred by sections 11, 92, 103, 10A4, 145,15, and 396of the Births and Deaths Registration Act 19537as extended by section 26(3) of the Welsh Language Act 19938, and section 20 of the Registration Service Act 19539, with the approval of the Secretary of State, makes the following Regulations :
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2009 and shall come into force on 1st September 2009.
(2) In these Regulations —
“the Act” means the Births and Deaths Registration Act 1953;
“the Principal Regulations” means the Registration of Births and Deaths Regulations 198710and unless the context otherwise requires any reference in these Regulations to a numbered regulation or Schedule is a reference to the Regulation or Schedule bearing that number in those Regulations; and
“the Welsh Language Regulations” means the Registration of Births and Deaths (Welsh Language) Regulations 198711.
Amendment to regulation 2
2.—(1) Regulation 2 (Interpretation) is amended as follows.
(2) For the definition of “maiden surname” substitute ““maiden surname” means the surname with which a woman entered into her first marriage or civil partnership, and, where a woman has entered into a civil partnership and marriage, it means the surname with which she entered the first of these ceremonies.”
(3) After the definition “name, surname and qualification” insert “ “other parent” means a woman who is a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008.”
Amendment to regulation 3
3. In regulation 3(2) for “Regulation 17(3)(a)” substitute “Regulation 17(7)(a)”.
Amendment to regulation 6
4. In the heading to regulation 6 (Regulation in more than one place) for “Regulation” substitute “Registration”.
Amendment to regulation 7
5. In regulation 7(2) (Particulars to be registered and form of register) for “parents” substitute “mother, father or other parent”.
Amendment to regulation 8
6. For regulation 8 (Declaration by parent for registration of birth) substitute —
“Declaration by mother, father or other parent for registration of birth
8. Form 2 is the prescribed form of the declaration to be made under the Act by—
(a) the mother under section 10(1)(b)(i);
(b) the father under section 10(1)(c)(i);
(c) the mother under section 10(1B)(b)(i); or
(d) the other parent under section 10(1B)(c)(i).”
Amendment to regulation 9
7.—(1) Regulation 9 (Entry of particulars on registration within three months of date of birth) is amended as follows.
(2) For paragraph 4 substitute —
“4 With respect to space 4 (father’s, or other parent’s, name and surname) —
(a) If, other than in a case to which sub-paragraph (b) applies, the father or other parent acquired after the child’s birth a name or surname different from their name at the date of the birth, the registrar shall enter in space 4 the name and surname as at the date of birth followed by the name and surname as at the date of registration preceded by the word ‘now’; or if the father or other parent has died between the birth and the date of registration and changed their name between the birth and their subsequent death, their name and surname at birth is provided followed by the word “afterwards” and then their name at the date of their death is inserted into space 4;
(b) In the case of a request made under paragraph (d), (e), (f) or (g) of section 10(1) or paragraph (d), (e), (f) of section 10(1B) and upon production of a declaration in Form 6A, the registrar shall enter in space 4 of Form 1, the name and surname of the father or putative father or other parent or putative other parent as appropriate and as recorded in the parental responsibility agreement mentioned in section 10(1)(d)(i) or 10(1B)(d)(i) or the orders mentioned in section 10(1)(e)(i), (f)(i), (g)(i),or section 10(1B) (e)(i) or (f)(i).
(c) In the case of a request under section 10ZA of the Act (Registration of father or second female parent by virtue of certain provisions of the Human Fertilisation and Embryology Act 2008) the registrar shall enter in space 4, as the father or other parent of the child, the name and surname as at the date of death, of the man who is the father or the woman who is the other parent.”
(3) In paragraph 4A after “section 10(1)” insert “, and paragraphs (d) to (f) of section 10(1B)”.
(4) For paragraph(5) substitute—
“5 With respect to spaces 5 and 6 (father or other parent’s place of birth and occupation)—
(a) In a case to which section 10(1) or 10(1B) of the Act applies, the registrar shall not complete spaces 5 and 6 unless the name and surname of the father, or other parent, of the child have been entered in space 4 pursuant to either of those sections;
(b) If either the father or the other parent was deceased at the date of the birth the registrar shall enter in space 6 the word ‘deceased’;
(c) If the father or other parent has changed their occupation since the birth of the child, the registrar shall in space 6, after the occupation as at the date of the birth, enter the occupation as at the date of registration, preceded by the word ‘now’.”
(5) For paragraph (7) substitute “With respect to space 9(b) (mother’s surname at marriage or civil partnership if different from maiden surname) the surname to be entered shall be that in which the mother contracted her marriage to the father, or in which she entered her civil partnership with the other parent of the child.”
(6) For paragraph (8) substitute—
“8 For space 13 (informant’s usual address) —
(a) the address required is the address at registration of the birth;
(b) if under sections 10(1)(a) or 10(1B)(a) of the Act an entry of the father or other parent has been made, the registrar shall enter the father’s or other parent’s address followed by the mother’s address if different;
(c) except as provided by sub-paragraph (b), the registrar shall not enter the address of the informant if that address is the same as the mother’s usual address.”
Amendment to regulation 10
8.—(1) Regulation 10 (Completion of registration) is amended as follows.
(2) In sub-paragraph (a) after “(b)” insert “or (c)”.
(3) For sub-paragraph (c) substitute —
“(c)
“(c) where an entry has been made under section 10(1B) of the Act the following persons shall sign the entry in space 14 —
(i) the person acknowledging herself to be the other parent and then the mother if made under paragraph (a) of section 10(1B);
(ii) the mother if made pursuant to paragraph (b) of section 10(1B), in which case the registrar shall add after the mother’s signature the words “Statutory declaration made by … on …” , inserting the name and surname of the person acknowledging herself to be the other parent and the date on which the statutory declaration was made by her;
(iii) the person stating herself to be the other parent if made under paragraph (c) of section 10(1B) in which case the registrar shall add after her signature the words “Statutory declaration made by … on …” inserting the name and surname of the mother and the date on which the statutory declaration was made by her;
(iv) the mother or other parent making the request if made under paragraph (d) of section 10(1B), in which case the registrar shall add after his signature the words ‘Pursuant to section 10(1B)(d) of the Births and Deaths Registration Act 1953’;
(v) the person making the request if made under paragraph (e) of section 10(1B), in which case the registrar shall add after his signature the words ‘Pursuant to section 10(1B)(e) of the Births and Deaths Registration Act 1953’; or
(vi) the person making the request if made under paragraph (f) of section 10(1B), in which case the registrar shall add after his signature the words ‘Pursuant to section 10(1B)(f) of the Births and Deaths Registration Act 1953’.”
(4) After paragraph (c) insert —
“(d)
“(d) Where an entry has been made under section 10ZA of the Act12, the person making the request shall sign the entry in space 14, in which case the registrar shall add after his signature the words “Pursuant to section 10ZA of the Births and Deaths Registration Act 1953.”
Amendment to regulation 13
9. In regulation 13(4)(b)(ii) (Declaration and registration under section 9 of the Act) after the words “of section 10(1) of the Act” insert “,or a request made under paragraph (b), (c), (d), (e), or (f) of section 10(1B) of the Act,”
Amendment to regulation 16
10.—(1) For regulation 16 (Declaration by parent for re-registration of birth) substitute —
“Declaration by mother, father or other parent for the re-registration of a birth
16. Form 2 shall be the prescribed form of the declaration to be made —
(a) by the mother under section 10A(1)(b)(i) and by the person stating himself to be the father under section 10A(1)(c)(i)of the Act; and
(b) by the mother under section 10A(1B)(b)(i) and by the person stating herself to be the other parent of the child under section 10A(1B)(c)(i) of the Act.”
Amendment to regulation 17
11. For regulation 17 (Re-registration of birth) substitute—
“Re-registration of birth
17.—(1) The relevant registrar shall re-register a birth under section 10A or 10A(1B) of the Act in accordance with the following provisions.
(2) Where a mother and father attend together...
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