The Registration of Births and Deaths Regulations 1987

PART VRE-REGISTRATION OF BIRTHS OF LEGITIMATED PERSONS

Attendance and particulars on re-registration

19.  Where under section 14(1) of the Act(1) the Registrar General authorises the re-registration of the birth of a legitimated person–

(a)except where Regulation 21 or 23 applies, and subject to section 14(2) of the Act(2) (personal attendance as required by the Registrar General), a parent of the legitimated person shall attend personally at the office of the relevant registrar for re-registration of the birth within such time as the Registrar General may direct;

(b)Regulation 7(2) shall apply as to the particulars to be recorded in respect of the parents except that–

(i)in space 6 of form 1, the occupation of the father need not be recorded as at both the date of birth and the date of the entry,

(ii)in space 7 of form 1, the surname to be recorded in respect of the mother of the child shall be her surname immediately after her marriage to the father, and

(iii)in space 9(b) of form 1, the surname (if any) to be entered shall be that in which the mother contracted her most recent marriage prior to re-registration.

Re-registration where parent attends

20.—(1) Where the parent attends personally at the office of the relevant registrar for re-registration, the registrar shall show or read to the parent the particulars entered in the Registrar General’s authority.

(2) If it appears that there is any error or omission in those particulars the registrar shall correct it in such manner as the Registrar General may direct.

(3) The registrar shall then in the presence of the parent–

(a)copy the particulars recorded in the spaces of the authority into the corresponding spaces of form 1 so however that if any particular has been corrected in pursuance of paragraph (2) he shall enter only the particulars as corrected, omitting any incorrect particular which has been struck out;

(b)enter in space 12 of form 1 the qualification of the informant as “father” or “mother”, as the case may be, and call upon the parent to verify the particulars as entered and to sign the entry in space 14;

(c)enter in space 15 of form 1 the date on which the entry is made and add the words “On the authority of the Registrar General”;

(d)sign the entry in space 16 of form 1 and add his official description.

Making of declaration where parent does not attend

21.—(1) Instead of attending personally at the office of the relevant registrar, a parent may with the written consent of the Registrar General verify the particulars required on re-registration in accordance with the following provisions of this Regulation.

(2) A parent who is in England or Wales may verify the particulars by making and signing before any registrar other than the relevant registrar a declaration of the particulars on an approved form.

(3) Any such declaration shall be attested by the registrar before whom it is made and sent by him to the relevant registrar.

(4) A parent who is not in England or Wales may verify the particulars by making and signing before a relevant authority, and sending to the Registrar General, a declaration of the particulars on an approved form.

(5) In paragraph (4) “relevant authority” means–

(a)in the case of a parent who is in Scotland, Northern Ireland, the Isle of Man, the Channel Islands or any part of the Commonwealth outside the British Islands or who is in the Irish Republic, a notary public and any other person who, in the place where the declaration is made, is authorised to administer oaths;

(b)in the case of a parent to whom sub-paragraph (a) above does not apply (and who is outside England and Wales), one of Her Majesty’s consular officers, a notary public and any other person who, in the place where the declaration is made, is authorised to administer oaths so however that a declaration made otherwise than before a consular officer shall be authenticated by such an officer if the Registrar General so requires;

(c)in the case of a parent who is a member of Her Majesty’s Forces and who is not in the United Kingdom, any officer who holds a rank not below that of Lieutenant-Commander, Major or Squadron-Leader.

Re-registration in pursuance of declaration

22.  On receiving the Registrar General’s authority to re-register a birth together with his consent as to verification and the declaration made for the purposes of Regulation 21, the relevant registrar shall–

(a)copy the particulars recorded in the spaces of the declaration into the corresponding spaces of form 1;

(b)enter in space 12 of form 1 the qualification of the informant as “father” or “mother”, as the case may be;

(c)enter in space 14 of form 1 the name of the declarant in the form in which he signed the declaration and add the words “by declaration dated ... ... ... ...”, inserting the date on which the declaration was made and signed;

(d)complete the entry as provided in regulation 20(3)(c) and (d).

Re-registration where particulars not verified by parent

23.  Where, in a case to which any of the provisos to section 14(1)(3) applies, the Registrar General authorises the relevant registrar to re-register the birth of a legitimated person notwithstanding that the particulars to be registered have not been verified by either parent, the registrar shall–

(a)copy the particulars recorded in the spaces of the authority into the corresponding spaces of form 1;

(b)enter in space 14 the words “On the authority of the Registrar General” without any further entry in that space;

(c)enter in space 15 the date on which the entry is made and sign the entry in space 16, adding his official description.

Noting of previous entry

24.  Where the birth of a legitimated person is re-registered in accordance with Regulation 20, 22 or 23 the superintendent registrar or registrar having custody of the register in which the birth was previously registered shall, when so directed by the Registrar General, note in the margin of the previous entry the words “Re-registered under section 14 of the Births and Deaths Registration Act 1953, on ... ... ... ...”, inserting the date of the re-registration.

Certified copies of re-registered entries

25.  Where an application is made to a superintendent registrar or registrar for a certified copy of the entry of the birth of a legitimated person whose birth has been re-registered in a register in his custody–

(a)he shall supply a certified copy of the entry of re-registration;

(b)a certified copy of the superseded entry shall not be supplied except with the authority of the Registrar General.

Re-registration where person born at sea

26.—(1) Where under section 14(1) of the Act the Registrar General authorises the re-registration of the birth of a legitimated person who was born at sea and whose birth was included in a return sent to the Registrar General–

(a)a parent of the legitimated person shall verify the particulars required on re-registration by making and signing on an approved form a declaration of those particulars before a registrar or a relevant authority as defined in Regulation 21(5);

(b)the parent shall send the declaration to the Registrar General.

(2) In relation to any case to which this Regulation applies, section 14(1) of the Act shall apply with the modification that a person deputed for the purpose by the Registrar General shall on receiving the Registrar General’s authority, together with the declaration made by the parent under paragraph (1), effect re-registration by–

(a)making the entry in a register to be kept at the General Register Office in form 7, copying the particulars recorded in the spaces of the authority into the corresponding spaces of the form;

(b)noting in the margin of any previous record of the birth in the custody of the Registrar General the words “Re-registered under section 14 of the Births and Deaths Registration Act 1953, on ... ... ... ...”, inserting the date of re-registration; and

(c)sending a copy of the previous record, including a copy of the marginal note, certified under the seal of the General Register Office, to the authority from whom that record was received by the Registrar General.