PART XE+WREGISTRATION OF DEATHS

Particulars to be registeredE+W

39.  The particulars concerning a death required to be registered pursuant to section 15 of the Act shall, subject to the provisions of this Part of these Regulations, be those required in spaces 1 to 8 in form 13 and that form shall be the prescribed form for registration of deaths for the purpose of section 20 of the Act (which provides for registration of deaths free of charge).

Certificate of cause of deathE+W

40.—(1) Subject to paragraph (2)–

(a)the form of a certificate of cause of death required to be signed by a registered medical practitioner pursuant to section 22(1) of the Act shall be–

(i)except in the case of a child who dies within 28 days of birth, form 14,

(ii)in the case of such a child, form 15;

(b)the form of notice of signing of the certificate of cause of death required by section 22(2) of the Act to be given by the medical practitioner to a qualified informant shall be form 16.

(2) Where the place of death is in England but the certificate of cause of death is issued in Wales–

(a)the form of the certificate or notice may instead be the corresponding form (11, 12 or 13 as the case may be) prescribed by Regulation 2(a) of the Registration of Births and Deaths (Welsh Language) Regulations 1987(1);

(b)where the corresponding form 11 or 12 is used under sub-paragraph (a) above the version in Welsh shall be disregarded for any other purpose of these Regulations.

Reference to coronerE+W

41.—(1) Where the relevant registrar is informed of the death of any person he shall, subject to paragraph (2), report the death to the coroner on an approved form if the death is one–

(a)in respect of which the deceased was not attended during his last illness by a registered medical practitioner; or

(b)in respect of which the registrar–

(i)has been unable to obtain a duly completed certificate of cause of death, or

(ii)has received such a certificate with respect to which it appears to him, from the particulars contained in the certificate or otherwise, that the deceased was not seen by the certifying medical practitioner either after death or within 14 days before death; or

(c)the cause of which appears to be unknown; or

(d)which the registrar has reason to believe to have been unnatural or to have been caused by violence or neglect or by abortion or to have been attended by suspicious circumstances; or

(e)which appears to the registrar to have occurred during an operation or before recovery from the effect of an anaesthetic; or

(f)which appears to the registrar from the contents of any medical certificate of cause of death to have been due to industrial disease or industrial poisoning.

(2) Where the registrar has reason to believe, with respect to any death of which he is informed or in respect of which a certificate of cause of death has been delivered to him, that the circumstances of the death were such that it is the duty of some person or authority other than himself to report the death to the coroner, he shall either satisfy himself that it has been reported or report it himself.

(3) The registrar shall not register any death–

(a)which he has himself reported to the coroner;

(b)which to his knowledge it is the duty of any other person or authority to report to the coroner; or

(c)which to his knowledge has been reported to the coroner,

until he has received either a coroner’s certificate after inquest or a notification from the coroner that he does not intend to hold an inquest.

Registration within twelve months from date of death where no report to coronerE+W

42.—(1) Where–

(a)a certificate of cause of death has been delivered to the relevant registrar;

(b)the death is not one which has been, or is required to be, reported to the coroner; and

(c)before the expiration of 12 months from the date of death the relevant registrar receives personally from any qualified informant information of the particulars required to be registered concerning the person’s death,

the relevant registrar shall forthwith register the death and the particulars, if not previously registered, in the presence of the informant on form 13, entering the particulars required in spaces 1 to 8 in accordance, where applicable, with the following provisions of this Regulation.

(2) In space 1 (date and place of death)–

(a)where a child lived for less than 24 hours, the registrar shall enter after the date of the child’s death the word “Aged ... ... ... ...”, inserting the age in completed hours or, if less than one hour, in minutes;

(b)where the date, but not the place, of death is known, the registrar shall enter the date of death followed by the words “Found dead ... ... ... ...”, inserting the place where the body was found;

(c)where the place, but not the date, of death is known the registrar shall enter the words “On or about ... ... ... ...”, inserting the date on which the body was found followed by the place of death;

(d)where both the date and place of death are unknown, the registrar shall enter the words “Deceased found on ... ... ... ...”, inserting the date on which the body was found followed by the place where it was found.

(3) In space 6 (occupation and usual address of deceased person)–

(a)where the deceased was a child under the age of 16 years, the registrar shall enter the words “son [or daughter] of ... ... ... ...”, inserting the name, surname and occupation of the father, if that information is given, and the name, surname and occupation of the mother preceded where appropriate by the word “and” so however that if–

(i)the names and surnames of both parents are to be entered and the surname of the mother is different from that of the father, and

(ii)it is within the knowledge of the informant that the mother was known by the surname of the father at any time during the lifetime of the child,

the registrar shall enter in respect of the mother that surname followed by her name and surname as at the death of the child preceded by the word “now” or, if the mother is deceased, the name and surname as at her death preceded by the word “afterwards”;

(b)where the deceased was a married woman or widow, the registrar shall, after her occupation enter the words “Wife [or Widow] of ... ... ... ...”, inserting the name, surname and occupation of her husband or deceased husband.

[F1(ba)where the deceased was a married man or widower, the registrar shall, after his occupation enter the words “Husband [or Widower] of …”, inserting the name, surname and occupation of his wife or deceased wife;

(bb)where the deceased was a civil partner or surviving civil partner, the registrar shall, after his occupation enter the words “Civil partner [or Surviving civil partner] of …”, inserting the name, surname and occupation of his civil partner or deceased civil partner.]

(4) In space 8 (cause of death), the registrar shall enter the cause of death precisely as stated in the certificate of cause of death, followed by the words “Certified by ... ... ... ...”, inserting the name, surname and qualification of the registered medical practitioner who signed the certificate.

(5) After entering the required particulars in spaces 1 to 8, the registrar shall call upon the informant to verify the particulars in spaces 1 to 7.

(6) If any error has been made in those particulars, the registrar shall, in the presence of the informant, make the necessary correction as provided in Regulation 54.

(7) The registrar shall then–

(a)call upon the informant to sign the entry in space 9;

(b)enter in space 10 the date on which the entry is made; and

(c)sign the entry in space 11, adding his official description.

[F2Declaration and registration under section 23A of the ActE+W

42A.—(1) The officer before whom a declaration for the purposes of section 23A of the Act (giving of information concerning a death to a person other than the registrar) may be made shall be any registrar other than the relevant registrar.

(2) The officer before whom the declaration is to be made shall—

(a)enter in the declaration the particulars required to be registered concerning the death, using an approved form for the purpose;

(b)show or read the particulars entered on the form to the informant and correct any error or omission, requiring the informant to initial any amendment and then to sign the declaration;

(c)attest the declaration himself; and

(d)send the declaration to the relevant registrar in accordance with section 23A(3) of the Act.

(3) Except in a case to which regulation 41 applies, where it appears to the relevant registrar that the particulars contained in the declaration are in any material respect not proper to be registered, he shall return the declaration to the officer before whom it was attested together with a note of the matters in which it appears to need amendment, and—

(a)that officer shall then in the presence of the declarant amend any error by striking out any incorrect particulars and inserting the correct particulars;

(b)any amendment so made shall be initialled by the declarant and the declaration shall be returned to the relevant registrar.

(4) On receiving the declaration the registrar shall, subject to paragraph (3), enter the particulars of the death in the register in the following manner—

(a)in spaces 1 to 7 of form 13, he shall enter the particulars as appearing in the corresponding spaces of the declaration, except that where any particulars have been corrected in pursuance of paragraph (3) he shall enter in the register only the particulars as corrected, omitting any incorrect particular which has been struck out and the initials of the declarant;

(b)in space 8 of form 13 he shall enter the cause of death as it appears in the certificate of cause of death delivered to the registrar under section 22(1) of the Act;

(c)in space 9 of form 13 he shall enter the name of the declarant in the form in which he signed the declaration and shall add the words “by declaration dated ... ... ... ...”, inserting the date on which the declaration was made and signed;

(d)in space 10 of form 13 he shall enter the date on which the entry is made; and

(e)in space 11 of form 13 he shall sign the entry, adding his official description.]

Registration where inquest is not heldE+W

43.—(1) Where, before the expiration of 12 months from the date of a death which has not been registered, the relevant registrar is notified by the coroner that he does not intend to hold an inquest, the registrar shall, subject to paragraph (4), take such action as may be required to register the death and the particulars on form 13 in the presence of a qualified informant, entering the particulars required in spaces 1 to 8, in accordance with Regulation 42(2) to (7) [F3or, if a declaration is made for the purposes of section 23A of the Act, in accordance with Regulation 42A(4)] but subject, in relation to space 8 of form 13 (cause of death), to paragraphs (2) and (3) below.

(2) Where the coroner in his notification certifies the cause of death disclosed by any report on a post-mortem examination of the body made by his direction under [F4section 19 of the Coroners Act 1988], the registrar shall enter in space 8 of form 13 the cause of death precisely as stated in the notification followed by the words “Certified by ... ... ... ...”, inserting the name, surname and description of the coroner followed by the words “after post-mortem without inquest”.

(3) Where the coroner’s notification shows that no post-mortem examination was held by his direction, and the registrar is unable to obtain delivery of a certificate of cause of death, he shall enter in space 8 of form 13 the cause of death–

(a)if the cause is stated in the coroner’s notification, precisely as so stated;

(b)in any other case, as stated by the informant who shall then also verify space 8 (as well as spaces 1 to 7).

(4) After the expiration of 12 months from its date a death shall not be registered under this Regulation.

Noting of existing entry on coroner’s notification of cause of deathE+W

44.  Where the registrar receives a notification as mentioned in Regulation 43(2) in respect of a death which he has already registered on the information of a qualified informant–

(a)if the register containing the entry is in his custody, he shall, without altering the entry in space 8 of form 13, enter in its margin the words “Post-mortem without inquest held by the direction of ... ... ... ...”, inserting the name, surname and description of the coroner, followed by the words “and cause of death disclosed as ... ... ... ...”, inserting the cause of death as certified by the coroner;

(b)if the register containing the entry is in the custody of the superintendent registrar, he shall deliver the notification to the superintendent registrar who shall, without altering the entry of the death, enter in its margin the particulars required by paragraph (a).

[F5Registration after receipt of declaration and coroner’s notification of cause of deathE+W

44A.  Where the registrar receives a notification as mentioned in regulation 43(2) in respect of a death in respect of which a declaration has been made for the purposes of section 23A of the Act, but that death has not yet been registered, he shall register that death in accordance with regulation 42A and shall enter in the margin of the entry the particulars required by regulation 44(a).]

Registration after inquestE+W

45.  Where, before the expiration of 12 months from the date of a death, the relevant registrar receives with reference to that death a coroner’s certificate after an inquest he shall register the death (whether or not it has already been registered) as follows–

(a)in spaces 1 to 6 and 8 in form 13, he shall enter the particulars contained in the certificate, precisely as stated in the certificate, except that if any person is named in the certificate as having caused the death his name and surname shall be omitted;

(b)in space 7–

(i)subject to head (ii) below, he shall enter the words “Certificate received from ... ... ... ...”, inserting the name, surname and description of the coroner followed by the words “Inquest held on ... ... ... ...”, inserting the date of inquest as stated in the certificate,

(ii)if the inquest was adjourned, instead of the words “Certificate received from” he shall enter the words “Certificate on inquest adjourned received from”,

(c)he shall draw a line through space 9;

(d)in space 10, he shall enter the date on which the entry is made;

(e)in space 11, he shall sign the entry and add his official description.

Noting of previous entry on registration after inquestE+W

46.  Where under regulation 45 or 47(4) the registrar registers a death which has already been registered on the information of a qualified informant–

(a)if the registrar has custody of the register containing the previous entry, he shall, without altering that entry, write in its margin the words “Re-registered on coroner’s certificate at entry No ... ... ... ...”, inserting the number of the new entry;

(b)where the previous entry is in a register in the custody of a superintendent registrar, he shall give him a copy of the new entry together with particulars of the previous entry whereupon the superintendent registrar shall, without altering the previous entry, write in its margin the words “Re-registered on coroner’s certificate at entry No ... ... ... ...in register No ... ... ... ...”, inserting the number of the new entry and of the register.

Registration after twelve monthsE+W

47.—(1) Where in respect of a death which occurred more than 12 months previously a relevant registrar–

(a)is informed that the death has not been registered; or

(b)whether or not it has already been registered on the information of a qualified informant, receives a coroner’s certificate upon an inquest with respect to the death,

he shall make a report to the Registrar General enclosing any certificate of the cause of death and any coroner’s notification that he does not intend to hold an inquest or coroner’s certificate after an inquest.

(2) Except in a case to which paragraph (1)(b) applies, the registrar shall, in his report to the Registrar General, state–

(a)to the best of his knowledge and belief, the particulars required to be registered concerning the death;

(b)the source of his information; and

(c)the name, surname and address of any qualified informant available to give information for the registration.

(3) On receiving the Registrar General’s written authority to register the death on the information of a qualified informant, the registrar shall arrange for that informant to attend at his office and shall register the death in his presence [F6or shall enter in the register the particulars of death given in a declaration made for the purposes of section 23A of the Act, in accordance with regulation 42A].

(4) On receiving the Registrar General’s written authority to register a death in respect of which the registrar has received a coroner’s certificate after an inquest the registrar shall proceed to register the death.

(5) Subject to paragraph (6), the provisions of Regulation 42, 43 (other than paragraph (4)) or 45 (as the case may be) shall apply to registration under paragraph (3) or (4) as they apply on a registration within 12 months.

(6) In space 10, after entering the date on which the entry is made, the registrar shall enter the words “On the authority of the Registrar General”.