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Welfare Reform Act 2009

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As published

Schedule 6 Registration of births

Section 56 Part 1 Amendments of Births and Deaths Registration Act 1953 1 In this Schedule “the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20). 5 In section 4 of the 1953 Act (registrar's power to require information concerning birth), in paragraph (a), for “three months” substitute “ 12 months ”. 6 In section 5 of the 1953 Act (registration of births free of charge) for “three months” substitute “ 12 months ”. 7 Omit section 6 of the 1953 Act (which makes special provision about registration between 3 and 12 months from the date of birth). 8 In section 7 of the 1953 Act (registration after twelve months from date of birth) omit subsection (3) (which excludes still-births). 9 In section 8 of the 1953 Act (penalty for improper registration after 3 months from date of birth)— (a) for “the two last foregoing sections” substitute “ section 7 ”, and (b) for “three months” (both in the section and in the title) substitute “ 12 months ”. 12 (1) Section 10A of the 1953 Act (Re-registration where parents neither married nor civil partners) is amended as follows. (2) In subsection (1)— (a) in paragraph (b) for sub-paragraph (ii) substitute— (ii) a declaration in the prescribed form which is made by that person, states himself to be the father of the child, and is countersigned by a prescribed person; or , (b) in paragraph (c) for sub-paragraph (ii) substitute— (ii) a declaration in the prescribed form which is made by the mother, states that that person is the father of the child, and is countersigned by a prescribed person; or . (3) In subsection (1B)— (a) in paragraph (b) for sub-paragraph (ii) substitute— (ii) a declaration in the prescribed form which is made by the woman concerned, states herself to be a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or , (b) in paragraph (c) for sub-paragraph (ii) substitute— (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. 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; . 17 After section 39 of the 1953 Act insert— Regulations made by the Minister: further provisions 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. Part 2 Other amendments 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.

Your change, as a redline

Schedule 6 Registration of births

Section 56 Part 1 Amendments of Births and Deaths Registration Act 1953 1 In this Schedule “the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20). 5 In section 4 of the 1953 Act (registrar's power to require information concerning birth), in paragraph (a), for “three months” substitute “ 12 months ”. 6 In section 5 of the 1953 Act (registration of births free of charge) for “three months” substitute “ 12 months ”. 7 Omit section 6 of the 1953 Act (which makes special provision about registration between 3 and 12 months from the date of birth). 8 In section 7 of the 1953 Act (registration after twelve months from date of birth) omit subsection (3) (which excludes still-births). 9 In section 8 of the 1953 Act (penalty for improper registration after 3 months from date of birth)— (a) for “the two last foregoing sections” substitute “ section 7 ”, and (b) for “three months” (both in the section and in the title) substitute “ 12 months ”. 12 (1) Section 10A of the 1953 Act (Re-registration where parents neither married nor civil partners) is amended as follows. (2) In subsection (1)— (a) in paragraph (b) for sub-paragraph (ii) substitute— (ii) a declaration in the prescribed form which is made by that person, states himself to be the father of the child, and is countersigned by a prescribed person; or , (b) in paragraph (c) for sub-paragraph (ii) substitute— (ii) a declaration in the prescribed form which is made by the mother, states that that person is the father of the child, and is countersigned by a prescribed person; or . (3) In subsection (1B)— (a) in paragraph (b) for sub-paragraph (ii) substitute— (ii) a declaration in the prescribed form which is made by the woman concerned, states herself to be a parent of the child by virtue of section 43 of that Act, and is countersigned by a prescribed person; or , (b) in paragraph (c) for sub-paragraph (ii) substitute— (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. 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; . 17 After section 39 of the 1953 Act insert— Regulations made by the Minister: further provisions 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. Part 2 Other amendments 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.

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