Civil Registration Act (Northern Ireland) 2011

Legislation Crest

N.I.

Civil Registration Act (Northern Ireland) 2011

2011 CHAPTER 20

An Act to amend the Births and Deaths Registration (Northern Ireland) Order 1976 and the Presumption of Death Act (Northern Ireland) 2009; to provide for access to information relating to marriages and civil partnerships and information contained in the Adopted Children Register and the Gender Recognition Register, for the notification of the registration of marriages and civil partnerships, for the Registrar General to supply commemorative documents and for a register called the Record of Northern Ireland Connections; and for connected purposes.

[3rd May 2011]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

BirthsN.I.

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Infant children found exposedN.I.

Issue of notice for information concerning birthsN.I.

Registration of father where parents not marriedN.I.

Still-birthsN.I.

Time limit on registration of still-birthsN.I.

5—(1) In Article 13 of the 1976 Order (registration of birth of child after one year requires written authority of Registrar General), paragraph (3) (rule not to apply to still-births) shall cease to have effect.

(2) In Article 15 of the 1976 Order, paragraph (1) (no still-birth to be registered after the expiration of three months from the date of the still-birth) shall cease to have effect.

Registration of still-births where parents not marriedN.I.

6—(1) At the end of Article 14 of the 1976 Order (registration of father where parents not married), there shall be added the following paragraph—

(6) This Article shall not apply to the registration of a still-birth..

(2) In Article 18 of the 1976 Order (re-registration of births)—

(a)in paragraph (1)(b) (child who has a father and whose parents were not married), at the end of head (ii) there shall be added—

or

(iii)particulars relating to his father have been entered in the register in the case of a still-birth and the mother disputes them;;

(b)after paragraph (1A) there shall be inserted the following paragraph—

(1B) Paragraph (1A) shall not apply to the re-registration of a still-birth..

Legitimated personsN.I.

Re-registration of births of legitimated personsN.I.

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. ”.

Declarations of parentageN.I.

Re-registration of births after declaration of parentageN.I.

8  In Article 19A of the 1976 Order (re-registration of birth after declaration of parentage), in paragraph (2) (re-registration to be effected in prescribed manner and at such place as may be prescribed), the words “and at such place as may be prescribed” shall cease to have effect.

DeathsN.I.

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Issue of notice for information concerning deathsN.I.

Short death certificateN.I.

Other amendments of the 1976 OrderN.I.

Discharge of functions of the Registrar GeneralN.I.

Reproduction of registers and replacement of lost registers, etc.N.I.

Access to information relating to births and deathsN.I.

Correction of errors in registersN.I.

Registration or alteration of child's nameN.I.

Certified copiesN.I.

Issue of short birth certificateN.I.

Notification of births and deathsN.I.

Entries in registers as evidenceN.I.

Refusal to give informationN.I.

Fees payable for searches, certified copies, etc.N.I.

MiscellaneousN.I.

Access to information relating to marriages and civil partnershipsN.I.

23—(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.

(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) (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.

(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)..

Notification of registration of marriages and civil partnershipsN.I.

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

Notification of registration

35A(1) The Registrar General may notify such persons as the Registrar General considers appropriate of the registration of a marriage.

(2) An application may be made in the prescribed form to the Registrar General as to persons to be notified by the Registrar General under paragraph (1) by either party to the marriage.

(3) The prescribed fee shall be payable to the Registrar General by the applicant.

(4) Any notification under paragraph (1) shall be subject to such conditions as the Registrar General considers appropriate.

(5) The power conferred by paragraph (1) may be exercised whether or not an application has been made under paragraph (2)..

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

155A    Notification of registration

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

(2) An application may be made in the prescribed form to the Registrar General as to persons to be notified by the Registrar General under subsection (1) by either civil partner.

(3) The prescribed fee shall be payable to the Registrar General by the applicant.

(4) Any notification under subsection (1) shall be subject to such conditions as the Registrar General considers appropriate.

(5) The power conferred by subsection (1) may be exercised whether or not an application has been made under subsection (2)..

Access to information in the Adopted Children RegisterN.I.

25—(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.

(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)..

Access to information in the Gender Recognition RegisterN.I.

26—(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.

(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 ”.

(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.

(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)..

Notification of entry in the Register of Presumed DeathsN.I.

27  In paragraph 1 of Schedule 1 to the Presumption of Death Act (Northern Ireland) 2009 (entries in Register of Presumed Deaths), after sub-paragraph (2) there shall be added the following sub-paragraphs—

(3) The Registrar General may notify such persons as the Registrar General considers appropriate that an entry has been made in the Register of Presumed Deaths.

(4) Any notification under sub-paragraph (3) shall be subject to such conditions as the Registrar General considers appropriate..

Access to information in the Register of Presumed DeathsN.I.

28—(1) Schedule 1 to the Presumption of Death Act (Northern Ireland) 2009 (Register of Presumed Deaths) shall be amended in accordance with subsections (2) and (3).

(2) After paragraph 3 (searches of indexes and examination of entries) there shall be inserted the following—

Access to information

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).

(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.

(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).

(6) This paragraph is without prejudice to paragraph 3..

(3) In paragraph 7 (fees), in sub-paragraph (1), after head (b) there shall be inserted the following head—

(bb)access to any information under paragraph 3A;.

(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 DeathsN.I.

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 documentsN.I.

30—(1) The Registrar General may supply any person with a document commemorating any entry in a register relating to—

(a)a birth;

(b)a marriage or a civil partnership; or

(c)a death,

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.

Record of Northern Ireland ConnectionsN.I.

31—(1) The Registrar General shall maintain—

(a)a register called the Record of Northern Ireland Connections in which shall be made entries under this section; and

(b)an index of the register.

(2) Any person may apply to the Registrar General in the prescribed manner for an event mentioned in Schedule 1 to be entered in the register in the prescribed form on payment of the prescribed fee to the Registrar General.

(3) The Registrar General may amend or delete any entry made under this section.

(4) Any person may on payment of the prescribed fee to the Registrar General—

(a)search the index,

(b)have access to any information contained in the register, and

(c)require the Registrar General to provide a copy of any entry in the register.

(5) In this section—

prescribed” means—

(a)

except in the case of any fee, prescribed by regulations made by the Department of Finance and Personnel;

(b)

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.

SupplementaryN.I.

Prospective

InterpretationN.I.

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

RepealsN.I.

33  The repeals set out in Schedule 2 shall have effect.

CommencementN.I.

34  Sections 1 to 33 shall come into operation on such day or days as the Department of Finance and Personnel may by order appoint.

Subordinate Legislation Made

P1S. 34 power partly exercised: 3.10.2011 appointed for specified provisions by {S.R. 2011/323}, art. 2

Short titleN.I.

35  This Act may be cited as the Civil Registration Act (Northern Ireland) 2011.

SCHEDULES

Section 31.

SCHEDULE 1N.I.EVENTS WHICH MAY BE RECORDED UNDER SECTION 31

1  A birth which occurred outside Northern Ireland if—N.I.

(a)a parent or grandparent of the child was born in Northern Ireland, or

(b)there is an entry in the register relating to a parent or grandparent of the child.

2  A death which occurred outside Northern Ireland if—N.I.

(a)the deceased person was born in Northern Ireland or was resident in Northern Ireland at the time of his death;

(b)a parent or grandparent of the deceased person was born in Northern Ireland, or

(c)there is an entry in the register relating to a parent or grandparent of the deceased person.

3—(1) A marriage which occurred outside Northern Ireland if—N.I.

(a)at least one of the parties was born in Northern Ireland or was resident in Northern Ireland at the time of the marriage;

(b)a parent or grandparent was born in Northern Ireland; or

(c)there is an entry in the register relating to a parent or grandparent.

(2) In this paragraph—

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

parties” means parties to the marriage.

4—(1) The formation of a civil partnership in Great Britain or the entering into of an overseas relationship if (in either case)—N.I.

(a)at least one of the parties was born in Northern Ireland or was resident in Northern Ireland at the time of the event;

(b)a parent or grandparent was born in Northern Ireland; or

(c)there is an entry in the register relating to a parent or grandparent.

(2) In this paragraph—

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.

Section 33.

SCHEDULE 2N.I.REPEALS

Short Title Extent of repeal
The Births and Deaths Registration (Northern Ireland) Order 1976 (NI 14).

In Article 2(2), the definition of “registrar”.

In Article 12(1), sub-paragraph (a) and sub-paragraph (c) and the immediately preceding “and”.

Article 13(3).

Article 15(1).

In Article 19A(2), the words “and at such place as may be prescribed”.

In Article 23(1), sub-paragraph (a) and sub-paragraph (c).

Article 26(a).

In Article 33(2), the words “the signature of”.

In Article 36(1), the words “in his custody”.

In Article 37, paragraphs (2), (3)(a) and (b) and (4)(a) and (b).

In Article 44(1), sub-paragraph (b).