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Reform history

Civil Registration Act (Northern Ireland) 2011

3 versions · 2011-05-03

2012-11-16

Civil Registration Act (Northern Ireland) 2011

View changes Text at this date

2011-10-03

Civil Registration Act (Northern Ireland) 2011

View changes Text at this date

Changes on 2011-10-03

@@ -8,17 +8,17 @@

- (1) Article 10 of the 1976 Order (registration of births) shall be amended in accordance with subsections (2) to (4).

- (2) In paragraph (1) (registration by registrar for district where child born or mother ordinarily resident), for the words from “by the registrar for the district” to the words “in a register in his custody” there shall be substituted the words “in a register by any registrar together with”.

- (3) In paragraph (4) (duty to give information to the registrar and sign the register in the presence of the registrar)—

- (a) for the words “the registrar” there shall be substituted the words “any registrar”; and

- (b) for the words “and to sign the register in the presence of the registrar” there shall be substituted the words “in such manner as may be prescribed”.

- (4) In paragraph (6) (effect of qualified informant giving required information and signing the register), for the words “and signs the register” there shall be substituted the words “in the prescribed manner”.

- (5) In the definition of “birth” in Article 2(2) of the 1976 Order (interpretation), at the end there shall be added the words “in Northern Ireland”.

- (a) for the words “the registrar” there shall be substituted the words “ any registrar ”; and

- (b) for the words “and to sign the register in the presence of the registrar” there shall be substituted the words “ in such manner as may be prescribed ”.

- (5) In the definition of “birth” in Article 2(2) of the 1976 Order (interpretation), at the end there shall be added the words “ in Northern Ireland ”.

#### Infant children found exposed

@@ -26,17 +26,17 @@

- (1) Article 11 of the 1976 Order (infant children found exposed) shall be amended as follows.

- (2) In paragraph (1) (duty of certain persons to give information to the registrar and to sign the register in the presence of the registrar), for the words “and to sign the register in the presence of the registrar” there shall be substituted the words “in the prescribed manner”.

- (3) In paragraph (2) (effect of person giving information and signing the register), for the words “and signs the register” there shall be substituted the words “in the prescribed manner”.

#### Issue of notice for information concerning births

- (3) In paragraph (2) (effect of person giving information and signing the register), for the words “and signs the register” there shall be substituted the words “ in the prescribed manner ”.

#### Notification of registration of marriages and civil partnerships

##### 3

- (1) In Article 12 of the 1976 Order (issue of notice for information concerning births), paragraph (1) shall be amended as follows.

- (2) In sub-paragraph (b) (requirement to give certain information), after the word “give” there shall be inserted the words “in the prescribed manner within such time as may be specified in the notice”.

- (2) In sub-paragraph (b) (requirement to give certain information), after the word “give” there shall be inserted the words “ in the prescribed manner within such time as may be specified in the notice ”.

- (3) The following provisions shall cease to have effect—

@@ -50,9 +50,9 @@

- (1) Article 14 of the 1976 Order (registration of father where parents not married) shall be amended as follows.

- (2) In paragraph (3)(a) (mother and father jointly request registration and sign the register in the presence of each other), for the words “and in that event the mother and that person shall sign the register in the presence of each other” there shall be substituted the words “in the prescribed manner”.

- (3) In paragraph (5)(b) (effect of giving information and signing register), for the words “and the signing of the register by him in the presence of the registrar” there shall be substituted the words “in the prescribed manner”.

### Still-births

@@ -95,7 +95,7 @@

##### 7

In Article 19 of the 1976 Order (re-registration of births of legitimated persons), in paragraph (6) (power of Registrar General where re-registration not pursued to require person to attend and sign register), for sub-paragraphs (i) and (ii) there shall be substituted the words “to take such steps for the purposes of re-registration as are specified in the notice within such time as may be so specified.”.

In Article 19 of the 1976 Order (re-registration of births of legitimated persons), in paragraph (6) (power of Registrar General where re-registration not pursued to require person to attend and sign register), for sub-paragraphs (i) and (ii) there shall be substituted the words “ to take such steps for the purposes of re-registration as are specified in the notice within such time as may be so specified. ”.

### Declarations of parentage

@@ -113,21 +113,21 @@

- (1) Article 21 of the 1976 Order (registration of deaths) shall be amended in accordance with subsections (2) to (5).

- (2) In paragraph (1) (registration by registrar for district where person died or was ordinarily resident), for the words from “by the registrar for the district” to the words “in a register maintained by him for the purpose” there shall be substituted the words “in a register by any registrar”.

- (3) In paragraphs (2) and (3) (cases where body found but no information as to place of death), for the words “in the district” there shall be substituted the words “by the registrar for the district”.

- (4) In paragraph (5) (duty to give information and to sign register)—

- (a) for the words “to the registrar” there shall be substituted the words “to any registrar”;

- (b) for the words “to sign the register in the presence of the registrar” there shall be substituted the words “of such other particulars as may be prescribed, in the prescribed manner”.

- (5) In paragraph (6) (effect of information being given and register signed), for the words “and signs the register” there shall be substituted the words “in the prescribed manner”.

- (a) for the words “to the registrar” there shall be substituted the words “ to any registrar ”;

- (b) for the words “to sign the register in the presence of the registrar” there shall be substituted the words “ of such other particulars as may be prescribed, in the prescribed manner ”.

- (5) In paragraph (6) (effect of information being given and register signed), for the words “and signs the register” there shall be substituted the words “ in the prescribed manner ”.

- (6) In Article 2(2) of the 1976 Order (interpretation), after the definition of “birth” there shall be inserted the following definition—

> - “death” means death in Northern Ireland;

> “*death*” means death in Northern Ireland;

@@ -137,7 +137,7 @@

- (1) In Article 23 of the 1976 Order (issue of notice for information concerning deaths), paragraph (1) shall be amended in accordance with subsections (2) and (3).

- (2) In sub-paragraph (b) (requirement to give certain information), after the word “give” there shall be inserted the words “ in the prescribed manner within such time as may be specified in the notice ”.

- (3) The following provisions shall cease to have effect—

@@ -145,7 +145,7 @@

- (b) sub-paragraph (c) (requirement to sign register).

- (4) In Article 26 of the 1976 Order (informant’s position following an inquest), paragraph (a) (person not liable to attend registrar upon a notice issued by registrar) shall cease to have effect.

- (4) In Article 26 of the 1976 Order (informant's position following an inquest), paragraph (a) (person not liable to attend registrar upon a notice issued by registrar) shall cease to have effect.

#### Short death certificate

@@ -162,7 +162,7 @@

- (2) In Article 34(5) of the 1976 Order (which contains provision that judicial notice shall be taken of any certificate under Article 40 of that Order), after “40” there shall be inserted “or 40A”.

### Other amendments of the 1976 Order

@@ -191,7 +191,7 @@

> (34A)

> (1) Regulations may make provision for any person to have access on payment of the prescribed fee to any information contained in the registers.

> (2) Regulations under paragraph (1) may provide that the relevant period must have expired in relation to the information.

> (3) In paragraph (2) “the relevant period” means—

> (3) In paragraph (2) “*the relevant period*” means—

> (a) in relation to information relating to a birth, the period of 100 years from the date of the birth or such other period as may be prescribed;

> (b) in relation to information relating to a death, the period of 50 years from the date of the death or such other period as may be prescribed.

> (4) Regulations under paragraph (1) may provide for the Registrar General—

@@ -206,29 +206,29 @@

##### 15

- (1) In Article 35 of the 1976 Order (correction of errors in registers), in paragraph (2)(a) (clerical errors), for the words “clerical error” there shall be substituted the words “error (other than an error of fact or substance)”.

- (1) In Article 35 of the 1976 Order (correction of errors in registers), in paragraph (2)(a) (clerical errors), for the words “clerical error” there shall be substituted the words “ error (other than an error of fact or substance) ”.

- (2) In Article 36 of the 1976 Order (correction or cancellation of entries in registers on motion of certain officers)—

- (a) in paragraph (1), the words “in his custody” shall cease to have effect;

- (b) in paragraph (2), for the words “the registrar having custody of the register” there shall be substituted the words “any registrar”;

- (b) in paragraph (2), for the words “the registrar having custody of the register” there shall be substituted the words “ any registrar ”;

- (c) in paragraph (3)—

- (i) for the words “the registrar having custody of the register when” there shall be substituted the words “any registrar”;

- (ii) in sub-paragraph (a) for the words from “attend” to “of the notice)” there shall be substituted the words “take such steps as may be specified in the notice for the purposes of this paragraph within such time”;

- (d) in paragraph (4), for the words “the registrar having custody of the register” there shall be substituted the words “any registrar”;

- (e) in paragraph (5), for the words from “to the person” to the end there shall be substituted the words “requiring any person to cancel such of the entries as the Registrar General may specify”.

- (i) for the words “the registrar having custody of the register when” there shall be substituted the words “ any registrar ”;

- (ii) in sub-paragraph (a) for the words from “attend” to “of the notice)” there shall be substituted the words “ take such steps as may be specified in the notice for the purposes of this paragraph within such time ”;

- (d) in paragraph (4), for the words “the registrar having custody of the register” there shall be substituted the words “ any registrar ”;

- (e) in paragraph (5), for the words from “to the person” to the end there shall be substituted the words “ requiring any person to cancel such of the entries as the Registrar General may specify ”.

#### Registration or alteration of child's name

##### 16

- (1) Article 37 of the 1976 Order (registration or alteration of child’s name) shall be amended as follows.

- (1) Article 37 of the 1976 Order (registration or alteration of child's name) shall be amended as follows.

- (2) Paragraph (2) (special procedure for children under the age of two) shall cease to have effect.

@@ -236,7 +236,7 @@

- (a) sub-paragraphs (a) and (b) (evidence produced to Registrar General) shall cease to have effect;

- (b) for the words from “recorded under this paragraph” to the end there shall be substituted the words “so recorded”.

- (b) for the words from “recorded under this paragraph” to the end there shall be substituted the words “ so recorded ”.

- (4) In paragraph (4) (procedure for persons over the age of 18), sub-paragraphs (a) and (b) (evidence produced to Registrar General) shall cease to have effect.

@@ -250,7 +250,7 @@

- (6) In paragraph (7), for the words “paragraphs (2) and (3)” there shall be substituted the words “paragraph (3)”.

- (6) In paragraph (7), for the words “paragraphs (2) and (3)” there shall be substituted the words “ paragraph (3) ”.

#### Certified copies

@@ -268,7 +268,7 @@

##### 18

In Article 40 of the 1976 Order (short birth certificate), in paragraph (a) (issue by Registrar General or person having custody of the register) for the words “person having the custody of the register” there shall be substituted the words “any registrar”.

#### Notification of births and deaths

@@ -290,7 +290,7 @@

##### 20

In Article 41 of the 1976 Order (entries in registers as evidence), in paragraph (1)(a) (entry of a birth or death in a register not to be evidence unless signed by a person professing to be a valid informant), for the words “is signed by” there shall be substituted the words “includes the name of”.

#### Refusal to give information

@@ -306,7 +306,7 @@

- (2) In paragraph (1) (matters for or in respect of which fees payable)—

- (a) in sub-paragraph (c), for the word “officer” there shall be substituted the word “person”;

- (a) in sub-paragraph (c), for the word “officer” there shall be substituted the word “ person ”;

- (b) after sub-paragraph (c) there shall be inserted the following sub-paragraph—

@@ -323,11 +323,11 @@

- (3) In paragraph (4) (registrar may refuse to comply until fee paid)—

- (a) after the words “Except as may be prescribed” there shall be inserted the words “the Registrar General or”;

- (b) after the words “this Order” there shall be inserted the words “or the Civil Registration Act (Northern Ireland) 2011”;

- (c) for the word “officer” there shall be substituted the word “person”.

- (a) after the words “Except as may be prescribed” there shall be inserted the words “ the Registrar General or ”;

- (b) after the words “this Order” there shall be inserted the words “ or the Civil Registration Act (Northern Ireland) 2011 ”;

- (c) for the word “officer” there shall be substituted the word “ person ”.

### Miscellaneous

@@ -335,22 +335,22 @@

##### 23

- (1) In Article 35 of the [Marriage (Northern Ireland) Order 2003 (NI 3)](https://www.legislation.gov.uk/nisi/2003/413) (searches), after paragraph (4) there shall be added the following paragraphs—

- (1) In Article 35 of the Marriage (Northern Ireland) Order 2003 (NI 3) (searches), after paragraph (4) there shall be added the following paragraphs—

> (5) Regulations may make provision for any person to have access, on payment of the prescribed fee, to any information contained in any marriage registration records.

> (6) Regulations under paragraph (5) may provide that the relevant period must have expired in relation to the information.

> (7) In paragraph (6) “the relevant period” in relation to a marriage means the period of 75 years from the date on which the marriage was solemnised or such other period as may be prescribed.

> (7) In paragraph (6) “*the relevant period*” in relation to a marriage means the period of 75 years from the date on which the marriage was solemnised or such other period as may be prescribed.

> (8) Regulations under paragraph (5) may provide for the Registrar General—

> (a) to make arrangements with any person for the purpose of providing access to information as mentioned in that paragraph; and

> (b) for that purpose to transfer information to that person subject to conditions (including conditions as to the making of payments by that person to the Registrar General).

- (2) In section 155 of the Civil Partnership Act [2004 (c. 33)](https://www.legislation.gov.uk/ukpga/2004/33) (searches), after subsection (5) there shall be added the following subsections—

- (2) In section 155 of the Civil Partnership Act 2004 (c. 33) (searches), after subsection (5) there shall be added the following subsections—

> (6) Regulations under section 159 may make provision for any person to have access, on payment of the prescribed fee, to any information contained in any civil partnership registration records.

> (7) Regulations under section 159 may provide that the relevant period must have expired in relation to the information.

> (8) In subsection (7) “the relevant period” in relation to a civil partnership means the period of 75 years from the date on which the civil partnership was registered or such other period as may be prescribed.

> (8) In subsection (7) “*the relevant period*” in relation to a civil partnership means the period of 75 years from the date on which the civil partnership was registered or such other period as may be prescribed.

> (9) Regulations under section 159 may provide for the Registrar General—

> (a) to make arrangements with any person for the purpose of providing access to information as mentioned in subsection (6); and

> (b) for that purpose to transfer information to that person subject to conditions (including conditions as to the making of payments by that person to the Registrar General).

@@ -361,7 +361,7 @@

##### 24

- (1) After Article 35 of the [Marriage (Northern Ireland) Order 2003 (NI 3)](https://www.legislation.gov.uk/nisi/2003/413) there shall be inserted the following Article—

- (1) After Article 35 of the Marriage (Northern Ireland) Order 2003 (NI 3) there shall be inserted the following Article—

> (35A)

> (1) The Registrar General may notify such persons as the Registrar General considers appropriate of the registration of a marriage.

@@ -372,7 +372,7 @@

- (2) After section 155 of the Civil Partnership Act [2004 (c. 33)](https://www.legislation.gov.uk/ukpga/2004/33) there shall be inserted the following section—

- (2) After section 155 of the Civil Partnership Act 2004 (c. 33) there shall be inserted the following section—

> (155A)

> (1) The Registrar General may notify such persons as the Registrar General considers appropriate of the registration of a civil partnership.

@@ -387,15 +387,15 @@

##### 25

- (1) The [Adoption (Northern Ireland) Order 1987 (NI 22)](https://www.legislation.gov.uk/nisi/1987/2203) (Adopted Children Register) shall be amended as follows.

- (2) In the definition of “prescribed” in Article 2(2), after the word “Articles” in the second place where it occurs there shall be inserted “50(4) and (6),”.

- (1) The Adoption (Northern Ireland) Order 1987 (NI 22) (Adopted Children Register) shall be amended as follows.

- (2) In the definition of “prescribed” in Article 2(2), after the word “Articles” in the second place where it occurs there shall be inserted “ 50(4) and (6), ”.

- (3) In Article 50, after paragraph (3) there shall be added the following paragraphs—

> (4) The Department of Finance and Personnel may by regulations make provision for any person to have access, on payment of the prescribed fee, to any information contained in the Adopted Children Register.

> (5) Regulations under paragraph (4) may provide that the relevant period must have expired in relation to the information.

> (6) In paragraph (5) “the relevant period” in relation to the adoption of a child means the expiration of the period of 100 years from the date of the child’s birth or such other period as may be prescribed.

> (6) In paragraph (5) “*the relevant period*” in relation to the adoption of a child means the expiration of the period of 100 years from the date of the child's birth or such other period as may be prescribed.

> (7) Regulations under paragraph (4) may provide for the Registrar General—

> (a) to make arrangements with any person for the purpose of providing access to information as mentioned in that paragraph; and

> (b) for that purpose to transfer information to that person subject to conditions (including conditions as to the making of payments by that person to the Registrar General).

@@ -406,15 +406,15 @@

##### 26

- (1) Paragraph 22 of Schedule 3 to the Gender Recognition Act [2004 (c. 7)](https://www.legislation.gov.uk/ukpga/2004/7) (Gender Recognition Register maintained in Northern Ireland) shall be amended as follows.

- (2) In sub-paragraph (4) (Gender Recognition Register not to be open to public inspection or search), for the word “The” there shall be substituted the words “Subject to sub-paragraph (5), the”.

- (1) Paragraph 22 of Schedule 3 to the Gender Recognition Act 2004 (c. 7) (Gender Recognition Register maintained in Northern Ireland) shall be amended as follows.

- (3) After sub-paragraph (4) there shall be added the following sub-paragraphs—

> (5) The Department of Finance and Personnel may by regulations make provision for any person to have access, on payment of the prescribed fee, to any information contained in the Gender Recognition Register.

> (6) Regulations under sub-paragraph (5) may provide that the relevant period must have expired in relation to the information.

> (7) In sub-paragraph (6) “the relevant period” in relation to information relating to a person means the period of 100 years from the date of that person’s birth or such other period as may be prescribed.

> (7) In sub-paragraph (6) “*the relevant period*” in relation to information relating to a person means the period of 100 years from the date of that person's birth or such other period as may be prescribed.

> (8) Regulations under sub-paragraph (5) may provide for the Registrar General—

> (a) to make arrangements with any person for the purpose of providing access to information as mentioned in that sub-paragraph; and

> (b) for that purpose to transfer information to that person subject to conditions (including conditions as to the making of payments by that person to the Registrar General).

@@ -442,9 +442,9 @@

> (3A)

> (1) Regulations made by the Department may make provision for any person to have access on payment of the prescribed fee to any information contained in the Register of Presumed Deaths.

> (2) In sub-paragraph (1) “the prescribed fee” means the fee of such amount as may be prescribed by order made by the Department under paragraph 7(1).

> (2) In sub-paragraph (1) “*the prescribed fee*” means the fee of such amount as may be prescribed by order made by the Department under paragraph 7(1).

> (3) Regulations under sub-paragraph (1) may provide that the relevant period must have expired in relation to the information.

> (4) In sub-paragraph (3) “the relevant period” means, in relation to information relating to a presumed death, the period of 50 years from the presumed date of death or such other period as may be prescribed.

> (4) In sub-paragraph (3) “*the relevant period*” means, in relation to information relating to a presumed death, the period of 50 years from the presumed date of death or such other period as may be prescribed.

> (5) Regulations under sub-paragraph (1) may provide for the Registrar General—

> (a) to make arrangements with any person for the purpose of providing access to information as mentioned in that sub-paragraph; and

> (b) for that purpose to transfer information to that person subject to conditions (including conditions as to the making of payments by that person to the Registrar General).

@@ -458,13 +458,13 @@

- (4) In consequence of subsection (2), in the definition of “prescribed” in section 17 (interpretation) of that Act, for the word “paragraph” there shall be substituted the words “paragraphs 3A(1) and (2) and”.

#### Correction of errors in the Register of Presumed Deaths

##### 29

In paragraph 4(1) of Schedule 1 to the Presumption of Death Act (Northern Ireland) 2009 (correction, etc. of Register of Presumed Deaths), for the words “any clerical error or any error of fact or substance” there shall be substituted the words “an error”.

#### Commemorative documents

@@ -480,7 +480,7 @@

on payment of the prescribed fee to the Registrar General.

- (2) In this section “prescribed” means prescribed by order made under Article 47 of the 1976 Order.

- (2) In this section “*prescribed*” means prescribed by order made under Article 47 of the 1976 Order.

#### Record of Northern Ireland Connections

@@ -506,9 +506,9 @@

- (5) In this section—

- “prescribed” means— except in the case of any fee, prescribed by regulations made by the Department of Finance and Personnel; in the case of any fee, prescribed by order made under Article 47 of the 1976 Order;

- “register” means the Record of Northern Ireland Connections established under subsection (1).

- “*prescribed*” means—except in the case of any fee, prescribed by regulations made by the Department of Finance and Personnel;in the case of any fee, prescribed by order made under Article 47 of the 1976 Order;

- “*register*” means the Record of Northern Ireland Connections established under subsection (1).

- (6) Regulations under this section shall be subject to negative resolution.

@@ -518,7 +518,7 @@

##### 32

In this Act “the 1976 Order” means the [Births and Deaths Registration (Northern Ireland) Order 1976 (NI 14)](https://www.legislation.gov.uk/nisi/1976/1041).

In this Act “*the 1976 Order*” means the Births and Deaths Registration (Northern Ireland) Order 1976 (NI 14).

#### Repeals

@@ -570,9 +570,9 @@

- (2) In this paragraph—

- “parent or grandparent” means parent or grandparent of at least one of the parties;

- “parties” means parties to the marriage.

- “*parent or grandparent*” means parent or grandparent of at least one of the parties;

- “*parties*” means parties to the marriage.

##### 4

@@ -586,11 +586,11 @@

- (2) In this paragraph—

- “overseas relationship” has the meaning given by section 212 of the Civil Partnership Act [2004 (c. 33)](https://www.legislation.gov.uk/ukpga/2004/33);

- “parent or grandparent” means parent or grandparent of at least one of the parties;

- “parties” means parties to the formation of the civil partnership.

- “*overseas relationship*” has the meaning given by section 212 of the Civil Partnership Act 2004 (c. 33);

- “*parent or grandparent*” means parent or grandparent of at least one of the parties;

- “*parties*” means parties to the formation of the civil partnership.

## SCHEDULE 2

2011-05-03

Civil Registration Act (Northern Ireland) 2011

original version Text at this date