Welfare Reform Act 2009

(ii) a declaration in the prescribed form which is made by the mother, states that the woman concerned is a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or

.

• (4) In subsection (2), omit paragraph (d) (requirement for signature by superintendent registrar where re-registration takes place more than 3 months after the birth) and the word “and” immediately before it.

13

After section 10A of the 1953 Act insert—

(10B) (1) The Minister may by regulations make provision for the re-registration of a birth to show a person as the father of a relevant child, on the basis of information given by that person after the birth is registered and confirmed by the mother. (2) In this section a “relevant child” means a child— (a) whose father and mother were not married to, or civil partners of, each other at the time of the child's birth, and (b) whose birth has been registered before or after the commencement of this section without any person being registered as the father of the child (or as a parent of the child by virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008). (3) Regulations under subsection (1) may— (a) enable a person who believes himself to be the father of a relevant child to make a declaration to that effect to the registrar, (b) enable or require the registrar by notice to require the mother to state whether or not she acknowledges that the person is the father of the child, and (c) where the mother acknowledges that the person is the father, require the registrar to re-register the birth so as to show the person as the father. (4) In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, references in subsections (1) and (3) to the father are to be read as references to the woman who is a parent by virtue of that section. (5) Regulations under this section may— (a) require anything to be done in a prescribed form or manner or in the presence of the registrar, (b) make provision as to the time within which anything is required or authorised to be done. (6) Regulations under this section may not provide for any birth to be re-registered except with the authority of the Registrar General. (7) In this section “prescribed” means prescribed by regulations made under this section by the Minister. (10C) (1) The Minister may by regulations make provision for the re-registration of a birth to show a person as the father of a relevant child, on the basis of information given by the mother after the birth is registered and confirmed by that person. (2) In this section a “relevant child” means a child— (a) whose father and mother were not married to, or civil partners of, each other at the time of the child's birth, and (b) whose birth has been registered before or after the commencement of this section without any person being registered as the father of the child (or as a parent of the child by virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008). (3) Regulations under subsection (1) may— (a) enable the mother of a relevant child to make a declaration to the registrar stating that a specified person (“the alleged father”) is the father of the child, (b) enable or require the registrar by notice to require the alleged father to state whether or not he acknowledges that he is the father of the child, (c) where the alleged father acknowledges that he is the father of the child, require the alleged father to give prescribed information to the registrar, and (d) where the alleged father gives that information to the registrar, require the registrar to re-register the birth so as to show the alleged father as the father. (4) In the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, references in subsections (1) and (3) to the father are to be read as references to the woman who is a parent by virtue of that section (and references to the alleged father have a corresponding meaning). (5) Regulations under this section may— (a) require anything to be done in a prescribed form or manner or in the presence of the registrar, (b) make provision as to the time within which anything is required or authorised to be done. (6) Regulations under this section may not provide for any birth to be re-registered except with the authority of the Registrar General. (7) In this section “prescribed” means prescribed by regulations made under this section by the Minister.

14

In section 34 of the 1953 Act (entry in register as evidence of birth or death), in subsection (3), for paragraph (a) substitute—

(a) if it appears that not more than 12 months have so intervened— (i) the original entry was made after the commencement of paragraph 7 of Schedule 6 to the Welfare Reform Act 2009, or (ii) the entry purports either to be signed by the superintendent registrar as well as by the registrar or to have been made with the authority of the Registrar General;

.

15

In section 36 of the 1953 Act (penalties for failure to give information) after paragraph (a) insert—

(aa) if, being required by regulations under section 2C, 2D, 2E, 10B or 10C to do anything within a particular time, he refuses or fails without reasonable excuse to do so;

.

16

In section 39 of the 1953 Act (regulations), in paragraph (a), for “this Act” substitute “ any provision of this Act other than sections 2B(1), (4) and (6), 2C, 2D, 2E, 10B and 10C ”.

17

After section 39 of the 1953 Act insert—

(39A) (1) Regulations made by the Minister under the relevant provisions may— (a) make different provision for different cases or areas, (b) provide for exemptions from any of the provisions of the regulations, and (c) contain such incidental, supplemental and transitional provision as the Minister considers appropriate. (2) Before making regulations under the relevant provisions, the Minister must consult the Registrar General. (3) Any power of the Minister to make regulations under the relevant provisions is exercisable by statutory instrument. (4) A statutory instrument containing regulations made by the Minister under the relevant provisions is subject to annulment in pursuance of a resolution of either House of Parliament. (5) In this section “the relevant provisions” means sections 2B(1), (4) and (6), 2C, 2D, 2E, 10B and 10C.

18

In section 41 of the 1953 Act (interpretation), in the definition of “prescribed”, after “ “prescribed””, insert “ (except in sections 2B(1), (4) and (6), 2C, 2D, 2E, 10B and 10C) ”.

Part 2 — Other amendments

Perjury Act 1911 (c. 6)

19

In section 4 of the Perjury Act 1911 (false statements, etc, as to births or deaths) after subsection (1) insert—

(1A) For the purposes of subsection (1)(a), information which a person is required to provide to a registrar of births or deaths for the purposes of subsection (1) of section 2B of the Births and Deaths Registration Act 1953 (duties of mother not married or a civil partner when acting alone) is to be taken to be information concerning a birth.

Population (Statistics) Act 1938 (c. 12)

20

• (1) In the Schedule to the Population (Statistics) Act 1938 (particulars which may be required on registration of a birth), in paragraph 1—

• (a) for paragraph (a) substitute—

(a) in all cases— (i) the age of the mother; (ii) the number of previous children of the mother, and how many of them were born alive or were still-born;

.

• (b) for paragraph (c) substitute—

(c) where the birth is of a child whose father and mother were married to each other at the time of the child's birth (or is by reason of any marriage of the child's parents treated by section 1(2) of the Family Law Reform Act 1987 as such a child for the purposes of that Act)— (i) the date of the marriage, and (ii) whether the mother had been married, or had formed a civil partnership, before her marriage to the child's father; (d) where the birth is of a child to whom section 1(3) of that Act applies by reason of any civil partnership between the child's parents— (i) the date of the formation of the civil partnership, and (ii) whether the mother had been married, or had formed a civil partnership, before she formed the civil partnership with the child's other parent; (e) where the birth does not fall within paragraph (c) or (d), whether at any time before the birth the mother had been married or had formed a civil partnership.

• (2) This paragraph does not extend to Scotland.

Children Act 1989 (c. 41)

21

• (1) Section 4 of the Children Act 1989 (acquisition of parental responsibility by father) is amended as follows.

• (2) At the beginning of subsection (1)(a) insert “ except where subsection (1C) applies, ”.

• (3) In subsection (1A), after paragraph (a) insert—

(aa) regulations under section 2C, 2D, 2E, 10B or 10C of the Births and Deaths Registration Act 1953;

.

• (4) After subsection (1B) insert—

(1C) The father of a child does not acquire parental responsibility by virtue of subsection (1)(a) if, before he became registered as the child's father under the enactment in question— (a) the court considered an application by him for an order under subsection (1)(c) in relation to the child but did not make such an order, or (b) in a case where he had previously acquired parental responsibility for the child, the court ordered that he was to cease to have that responsibility.

22

• (1) Section 4ZA of the Children Act 1989 (acquisition of parental responsibility by second female parent) is amended as follows.

• (2) At the beginning of subsection (1)(a) insert “ except where subsection (3A) applies, ”.

• (3) In subsection (2), after paragraph (a) insert—

(aa) regulations under section 2C, 2D, 10B or 10C of the Births and Deaths Registration Act 1953;

.

• (4) After subsection (3) insert—

(3A) A person who is a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 does not acquire parental responsibility by virtue of subsection (1)(a) if, before she became registered as a parent of the child under the enactment in question— (a) the court considered an application by her for an order under subsection (1)(c) in relation to the child but did not make such an order, or (b) in a case where she had previously acquired parental responsibility for the child, the court ordered that she was to cease to have that responsibility.

Child Support Act 1991 (c. 48)

23

In section 26 of the Child Support Act 1991 (disputes about parentage), in subsection (2), in Case A2, in paragraph (b), after “10 or 10A of” insert “ , or regulations made under section 2C, 2D, 2E, 10B or 10C of, ”.

Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))

24

In Article 27 of the Child Support (Northern Ireland) Order 1991 (disputes about parentage), in paragraph (2), in Case A2, in paragraph (b), after “10 or 10A of” insert “ , or regulations made under section 2C, 2D, 2E, 10B or 10C of, ”.

Children (Scotland) Act 1995 (c. 36)

25

In section 3 of the Children (Scotland) Act 1995 (provisions relating both to parental responsibilities and parental rights), in subsection (3A), after paragraph (b) insert—

(ba) regulations under section 2C, 2D, 10B or 10C of the Births and Deaths Registration Act 1953;

.

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

26

• (1) Article 7 of the Children (Northern Ireland) Order 1995 (acquisition of parental responsibility) is amended as follows.

• (2) In paragraph (2A) for the “or” at the end of paragraph (b) substitute—

(ba) regulations under section 2C, 2D, 2E, 10B or 10C of the Births and Deaths Registration Act 1953; or

.

• (3) In paragraph (2B), for the “or” at the end of paragraph (b) substitute—

(ba) regulations under section 2C, 2D, 10B or 10C of the Births and Deaths Registration Act 1953; or

.

Schedule 7

Part 1 — Abolition of income support

Part 2 — Abolition of adult dependency increases

Part 3 — Social security: other repeals and revocations

Part 4 — Child maintenance

Part 5 — Birth registration

Work-related activity: income support claimants and partners of claimants

Lone parents

Statutory sick pay and employment and support allowance

Statutory sick pay and employment and support allowance

Conditions for contributory employment and support allowance

Loss of benefit provisions

Maternity allowance and carer's allowance

Loss of benefit provisions

Exemption from jobseeking conditions for victims of domestic violence

Good cause for failure to comply with regulations etc.

Disqualification for holding etc. driving licence or travel authorisation

Attendance in connection with jobseeker's allowance: sanctions

Social security information and employment or training information

Persons under pensionable age to take part in work-focused interviews etc.

Power to rename council tax benefit

Purpose of Part 2

Disqualification for holding etc. driving licence or travel authorisation

Report on operation of driving licence amendments

Payments of child support maintenance

Registration of births

Consequential amendments of subordinate legislation

Financial provisions

Introduction

Work-focused interviews etc.

Directions given by officers of the Secretary of State etc.

Other amendments

Social Security Administration Act 1992 (c. 5)

Social Security Act 1998 (c. 14)

Welfare Reform Act 2007 (c. 5)

Magistrates' Courts Act 1980 (c. 43)

Criminal Justice Act 1991 (c. 53)

Social Security Administration Act 1992 (c. 5)

Local Government Finance Act 1992 (c. 14)

Jobseekers Act 1995 (c. 18)

Immigration and Asylum Act 1999 (c. 33)

Social Security Fraud Act 2001 (c. 11)

Courts Act 2003 (c. 39)

Child Trust Funds Act 2004 (c. 6)

Age-Related Payments Act 2004 (c. 10)

Welfare Reform Act 2007 (c. 5)

Requirements imposed on claimants dependent on drugs etc.

Consequential amendments

Report on initial operation of drugs provisions

Requirements imposed on persons dependent on drugs etc.

Consequential amendments

Report on the initial operation of drugs provisions

Social Security Administration Act 1992 (c. 5)

Social Security Act 1998 (c. 14)

Child Support Act 1991 (c. 48)

Child Maintenance and Other Payments Act 2008 (c. 6)

Perjury Act 1911 (c. 6)

Population (Statistics) Act 1938 (c. 12)

Children Act 1989 (c. 41)

Child Support Act 1991 (c. 48)

Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))

Children (Scotland) Act 1995 (c. 36)

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

Editorial notes