BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Statutory Instruments |
||
|
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Registration of Births and Deaths (Welsh Language) Regulations 1987 No. 2089 URL: http://www.bailii.org/uk/legis/num_reg/1987/uksi_19872089_en.html |
||
[New search] [Help]
Statutory Instruments
REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC.
ENGLAND AND WALES
Made
26th November 1987
Coming into force
1st January 1988
The Registrar General in exercise of the powers conferred on her by Schedule 1 to this instrument, as extended by sections 2(2) and 3(2) of the Welsh Language Act 1967(1), and of all other powers enabling her in that behalf, with the concurrence and approval of the Secretary of State for Wales(2), hereby makes the following Regulations:
1.-(1) These Regulations may be cited as the Registration of Births and Deaths (Welsh Language) Regulations 1987 and shall come into force on 1st January 1988.
(2) In these Regulations, unless the context otherwise requires-�
(a)"the Act" means the Births and Deaths Registration Act 1953(3);
(b)"the principal Regulations" means the Registration of Births and Deaths Regulations 1987(4) and any expression used in these Regulations which is also used in the principal Regulations has the same meaning as in those Regulations;
(c)any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number;
(d)any reference to a numbered form is to the form bearing that number in Schedule 2 to these Regulations.
(3) Where a still-born child is found exposed or a dead body is found, any reference in these Regulations to the place where the still-birth or death occurred is, if the place is unknown, to be construed as a reference to the place where the still-born child or the deceased was found.
2. Subject to the provisions of regulation 6(2) of these Regulations, in relation to births and deaths occurring in Wales-�
(a)forms 1 to 16 in Schedule 2 to these Regulations shall be the prescribed forms in place of the corresponding forms ("the English forms"), that is to say forms 1 to 6, 9 to 11, 13 to 18 and 20, in Schedule 2 to the principal Regulations;
(b)references to any of the English forms in the principal Regulations shall have effect as referring instead to the corresponding form in Schedule 2 to these Regulations.
3. Where a regulation in the principal Regulations specified in column (1) of Schedule 3 to these Regulations requires the use of a form of words set out in column (2), the form of words set out opposite thereto in column (3) shall be used in any Welsh version.
4.-(1) Subject to paragraph (2), where a qualified informant, giving information relating to the registration or re-registration of a birth which occurred in Wales, elects for the particulars required by Part III, IV or V of the principal Regulations to be entered in Welsh as well as in English, the registrar shall enter those particulars accordingly.
(2) Paragraph (1) of this regulation shall apply only where-�
(a)the informant gives the requisite information either-�
(i)personally, before the expiration of 3 months from the date of the birth of the child, to the relevant registrar; or
(ii)by declaration under section 6 or 9 of the Act, before a superintendent registrar or registrar in Wales; and
(b)the informant gives such information in Welsh and the officer to or before whom he gives it can understand and write Welsh.
(3) Where under paragraph (2) of regulation 14 of the principal Regulations (giving or alteration of name after registration) a superintendent registrar or registrar makes an entry in space 17 of an entry of birth which has been completed in Welsh as well as in English, he shall add the Welsh version of the words prescribed by sub-paragraph (a) or (b) (as the case may be) of that paragraph.
5.-(1) Forms 8 and 9 may be completed in English only or in both English and Welsh.
(2) Where a still-birth is registered upon the attendance of a qualified informant and-�
(a)the informant elects for the particulars relating to the still-birth to be entered in Welsh as well as in English; and
(b)the informant gives the requisite information in Welsh and the officer to whom he gives it can understand and write Welsh,
the registrar shall, subject to paragraph (3), enter the particulars in both English and Welsh.
(3) When completing space 2 of the entry (other than in a case in which paragraph (4) applies)-�
(a)if the still-birth is registered on production of a form 8 or of a notification from the coroner that he does not intend to hold an inquest, the registrar shall enter the cause of death, in accordance with regulation 34(2)(b) or 35 of the principal Regulations, precisely as stated on the form or the notification except that any particulars recorded in Welsh shall, if the informant so requests, be excluded from the entry if the still-birth is to be registered in English only;
(b)if the still-birth is registered on production of a form 9, the registrar shall enter the words prescribed by regulation 34(2)(b)(ii) in English only if the form was completed in English only and he shall enter also the Welsh version of those words if the form was completed in Welsh as well as in English,
and where the particulars in space 2 are entered in Welsh as well as in English the registrar shall also enter the Welsh version of any words prescribed by regulation 34(2)(b)(i) or 35(2).
(4) Where a still-birth is registered on production of a coroner's certificate after inquest-�
(a)the registrar shall enter the particulars precisely as stated in the certificate in accordance with regulation 36(1) of the principal Regulations; and
(b)if the certificate is completed by the coroner in Welsh as well as in English, the registrar shall also enter the Welsh version of the words prescribed by sub-paragraph (b), and of the particulars prescribed by sub-paragraphs (c), (e) and (f), of regulation 36(1).
6.-(1) Forms 11 to 15 may be completed in English only or in both English and Welsh.
(2) Instead of forms 11 to 13, the corresponding forms (that is to say forms 14 to 16) in Schedule 2 to the principal Regulations may be used where the place of death is in Wales but the certificate of cause of death is issued in England.
(3) Where a death is registered upon the attendance of a qualified informant and-�
(a)the informant elects for the particulars relating to the death to be entered in Welsh as well as in English; and
(b)the informant gives the requisite information in Welsh and the officer to whom he gives it can understand and write Welsh,
the registrar shall, subject to paragraph (4), enter the particulars in both English and Welsh.
(4) When completing space 8 of the entry (other than in a case in which paragraph (5) applies)-�
(a)if the death is registered on production of a certificate of cause of death or of a notification from the coroner that he does not intend to hold an inquest the registrar shall enter the cause of death in accordance with regulation 42(4), 43(2) or (3) or 47(5) of the principal Regulations and precisely as stated on the certificate or notification or (as the case may be) as stated by the informant except that any particulars recorded in Welsh shall, if the informant so requests, be excluded from the entry if the death is to be registered in English only;
(b)where the particulars in space 8 are entered in Welsh as well as in English the registrar shall also enter the Welsh version of any words prescribed by regulation 42(4) or 43(2).
(5) Where a death is registered on production of a coroner's certificate after inquest-�
(a)the registrar shall enter the particulars precisely as stated in the certificate in accordance with regulation 45(a) of the principal Regulations; and
(b)if the certificate is completed by the coroner in Welsh as well as in English, the registrar shall also enter the Welsh version of the words prescribed by sub-paragraph (b), and of the particulars prescribed by sub-paragraphs (d) and (e), of regulation 45.
7. Where an error requires to be corrected in an entry in a register of births or deaths kept in Wales, the marginal note specified by regulation 54(1)(e), 55(3), 56(2), 57(3) or (4), 58(2)(b) or 59(2) or (3)(b) (as the case may be) of the principal Regulations shall be entered in English if the error occurs in particulars entered in English and in Welsh if the error occurs in particulars entered in Welsh.
8.-(1) In relation to a short certificate of birth issued by a superintendent registrar or registrar which is compiled from an entry in a birth register relating to a birth which occurred in Wales, form 17 shall be the prescribed form in place of form 21 in Schedule 2 to the principal Regulations and regulation 64(a) of those Regulations shall have effect as if it referred not to the latter form but to form 17.
(2) In relation to a short certificate of birth issued by the Registrar General which-�
(a)is compiled-�
(i)from a certified copy of an entry in a register of births kept in Wales,
(ii)from an entry in the register of births kept under section 3A of the Act(5), or
(iii)in respect of an adopted person;
(b)is to show that the place of birth was in Wales,
form 18 shall be the prescribed form in place of form 22 in Schedule 2 to the principal Regulations and regulation 64(b) of those Regulations shall have effect as if it referred not to the latter form but to form 18.
(3) Where a short certificate of birth is compiled from an entry, or a certified copy of an entry, which pursuant to these Regulations contains a Welsh version of the particulars entered, the certificate shall likewise include particulars in Welsh as well as in English.
9. In the case of any discrepancy between an English text and a Welsh text permitted by these Regulations, the English text shall prevail.
10. Where a certified copy of an entry in a register of live-births, still-births or deaths containing English only, or in a certified copy of such a register, is made on a form containing both English and Welsh but the particulars in the original entry and those entered in the certified copy of that entry do not differ in any other respect the certified copy shall be treated as a true copy of the original entry.
11. The regulations specified in Schedule 4 to these Regulations are hereby revoked.
Given under my hand on 20th November 1987.
G. T. Banks
Registrar General
I concur and approve,
Peter Walker
Secretary of State for Wales
26th November 1987
| Column (1) | Column (2) | |
|---|---|---|
| Provision | Relevant amendments | |
1. Births and Deaths Registration Act 1926(6) | section 1(1) | Births and Deaths Registration Act 1953(7), Schedule 1 |
| section 12 (meaning of "prescribed") | ||
2. Births and Deaths Registration Act 1953 | section 1(1) | Children Act 1975(8), Schedule 3, paragraph 13(1) |
| section 5 | Children Act 1975, Schedule 3, paragraph 13(1); Registration of Births, Deaths and Marriages (Fees) Order 1968(9), Schedule 2 | |
| section 7(1) | Children Act 1975, Schedule 4 Part VI | |
| section 9(1), (2) | ||
| section 9(5) | Children Act 1975, section 93(3) | |
| section 10(b)(i) | Family Law Reform Act 1969(10), section 27(1) | |
| section 10A(1) | Children Act 1975, section 93(2) | |
| section 11(1) | Population (Statistics) Act 1960(11), section 2(1); Nurses, Midwives and Health Visitors Act 1979(12), Schedule 7, paragraph 7 | |
| section 12 | Registration of Births, Deaths and Marriages (Fees) Order 1968, Schedule 2 | |
| section 13(1) | Registration of Births, Deaths and Marriages (Fees) Order 1968, Schedule 2 | |
| section 14(1) | Legitimation (Re-registration of Birth) Act 1957(13), section 112; Children Act 1975, Schedule 3, paragraph 13(3); Matrimonial Causes Act 1973(14), Schedule 1, paragraph 1(b) | |
| section 15 | ||
| section 20 | Registration of Births, Deaths and Marriages (Fees) Order 1968, Schedule 2 | |
| section 21(1) | ||
| section 22(1), (2) | ||
| section 23(2) | ||
| section 29(2) | ||
| section 33 | ||
| section 39(a) | ||
| section 41 (meaning of "prescribed" and "the Minister") | ||
3. Registration Service Act 1953(15) | section 20(a) | |
| section 21(1) (meaning of "prescribed" and "the Minister") | ||
4. Industrial Diseases (Notification) Act 1981(16) | section 1 |
Regulations 2(1), 8(1) and (2)
| Form | Description | Statutory purpose | Corresponding form in principal regulations |
|---|---|---|---|
| 1 | Particulars of live-birth | The Act (ie the Births and Deaths Registration Act 1953), sections 1(1) and 5 | 1 |
| 2 | Declaration/statement by mother for registration/re-registration of a birth | The Act, sections 9(5), 10(b)(i), 10A(1)(b)(i) | 2 |
| 3 | Certificate that name was given in baptism | The Act, section 13(1) | 3 |
| 4 | Certificate that name was given other than in baptism | The Act, section 13(1) | 4 |
| 5 | Statement by parent for re-registration of birth | The Act, sections 9(5) and 10A(1)(a) | 5 |
| 6 | Statement by mother for re-registration of birth | The Act, section 9(5) | 6 |
| 7 | Particulars of still-birth | The Act, sections 1(1) and 5 | 9 |
| 8 | Medical certificate of still-birth | The Act, section 11(1)(a) | 10 |
| 9 | Declaration as to still-birth | The Act, section 11(1)(b) | 11 |
| 10 | Particulars of death | The Act, sections 15 and 20 | 13 |
| 11 | Medical certificate of cause of death except for child dying within 28 days of birth | The Act, section 22(1) | 14 |
| 12 | Medical certificate of cause of death for child dying within 28 days of birth | The Act, section 22(1) | 15 |
| 13 | Medical practitioner's notice to informant of death | The Act, section 22(2) | 16 |
| 14 | Notification | Births and Deaths Registration Act 1926, section 3(1) | 17 |
| 15 | Declaration that certificate or order has been issued | Births and Deaths Registration Act 1926, section 1(1) | 18 |
| 16 | Certificate of registration of birth | The Act, section 12 | 20 |
| 17 | Short certificate of birth issued by superintendent registrar/registrar | The Act, section 33 | 21 |
| 18 | Short certificate of birth issued by Registrar General | The Act, section 33 | 22 |
Regulation 3
| (1) | (2) | (3) |
|---|---|---|
| Regulations | Form of words required | Welsh version |
| Reg. 5 | The mark (or signature) of | Nod (neu Llofnod) |
| Reg. 9(4)(a) | now | nawr |
| afterwards | wedyn | |
| Reg. 9(5)(b) | deceased | ymadawedig |
| Reg. 9(5)(c) | now | nawr |
| Reg. 9(6)(a) | now | nawr |
| afterwards | wedyn | |
| Reg. 10(b)(ii) | Statutory declaration made by -� on -� | Datganiad statudol a wnaethpwyd gan -� ar y -� |
| Reg. 10(b)(iii) | Pursuant to section 10(c) of the Births and Deaths Registration Act 1953 | Yn unol ag adran 10(c) Births and Deaths Registration Act 1953 |
| Reg. 12(4) | On the authority of the Registrar General | Dan awdurdod y Cofrestrydd Cyffredinol |
| Reg. 13(4)(b)(i) | by declaration dated -� | trwy ddatganiad dyddiedig y -� |
| Reg. 13(4)(b)(ii) | Statutory declaration made by -� on -� | Datganiad statudol a wnaethpwyd gan -� ar y -� |
| Reg. 13(4)(b)(ii) | Pursuant to section 10(c) of the Births and Deaths Registration Act 1953 | Yn unol ag adran 10(c) Births and Deaths Registration Act 1953 |
| Reg. 13(5)(c)(iii) | On the authority of the Registrar General | Dan awdurdod y Cofrestrydd Cyffredinol |
| Reg. 14(2)(a) | by baptism on -� | trwy fedydd ar y -� |
| Reg. 14(2)(b) | on certificate of naming dated -� | ar dystysgrif enwi dyddiedig y -� |
| Reg. 17(2)(b)(i) | Statutory declaration made by -� on -� | Datganiad statudol a wnaethpwyd gan -� ar y -� |
| Reg. 17(2)(b)(ii) | Pursuant to section 10A(1)(c) of the Births and Deaths Registration Act 1953 | Yn unol ag adran 10A(1)(c) Births and Deaths Registration Act 1953 |
| Reg. 17(2)(c) | On the authority of the Registrar General | Dan awdurdod y Cofrestrydd Cyffredinol |
| Reg. 17(4)(b)(i) | by declaration dated -� | trwy ddatganiad dyddiedig y -� |
| Reg. 17(4)(b)(ii) | Pursuant to section 10A(1)(c) of the Births and Deaths Registration Act 1953 | Yn unol ag adran 10A(1)(c) Births and Deaths Registration Act 1953 |
| Reg. 17(4)(c) | On the authority of the Registrar General | Dan awdurdod y Cofrestrydd Cyffredinol |
| Reg. 18 | Re-registered under section 10A of the Births and Deaths Registration Act 1953 on -� | Ail-gofrestrwyd dan adran 10A Births and Deaths Registration Act 1953 ar y -� |
| Reg. 20(3)(b) | father | tad |
| mother | mam | |
| Reg. 20(3)(c) | On the authority of the Registrar General | Dan awdurdod y Cofrestrydd Cyffredinol |
| Reg. 22(b) | father | tad |
| mother | mam | |
| Reg. 22(c) | by declaration dated -� | trwy ddatganiad dyddiedig y -� |
| Reg. 22(d) | On the authority of the Registrar General | Dan awdurdod y Cofrestrydd Cyffredinol |
| Reg. 23(b) | On the authority of the Registrar General | Dan awdurdod y Cofrestrydd Cyffredinol |
| Reg. 30 | Re-registered under section 3A(5) of the Births and Deaths Registration Act 1953 on -� | Ail-gofrestrwyd dan adran 3A(5) Births and Deaths Registration Act 1953 ar y -� |
| Reg. 34(2)(a)(i) | Found at -� on -� | Daethpwyd o hyd i'r corff -� ar -� |
| Reg. 34(2)(b)(i) | Certified by -� Registered Midwife | Tystiwyd gan -� Bydwraig Gofrestredig |
| Reg. 34(2)(b)(2) | Declaration by informant | Datganiad gan hysbysydd |
| Reg. 35 | Certified by -� after post-mortem held by direction of -� | Tystiwyd gan -� ar ôl post-mortem a gynhaliwyd yn ôl cyfarwyddyd -� |
| Reg. 36(1)(b) | Certificate after inquest held on -� | Tystysgrif ar ôl cwest a gynhaliwyd ar -� |
| Reg. 42(2)(a) | Aged -� | Oed -� |
| Reg. 42(2)(b) | Found dead -� | Cafwyd yn farw -� |
| Reg. 42(2)(c) | On or about -� | Ar neu oddeutu -� |
| Reg. 42(2)(d) | Deceased found on -� | Daethpwyd o hyd i'r ymadawedlg ar -� |
| Reg. 42(3)(a) | Son (or daughter) of -�and, now, afterwards | mab (neu merch) -� a, nawr, wedyn |
| Reg. 42(3)(b) | wife (or widow) of -� | gwraig (neu gweddw) -� |
| Reg. 42(4) | Certified by -� | Tystiwyd gan -� |
| Reg. 43(2) | Certified by -� after post-mortem without inquest | Tystiwyd gan -� ar ôl post-mortem heb gwest |
| Reg. 44(a) | Post-mortem without inquest held by the direction of -� and cause of death disclosed as -� | Post-mortem heb gwest a gynhaliwyd yn ôl cyfarwyddyd -� a datgelwyd mai achos y farwolaeth oedd .. |
| Reg. 45(b)(i) | Certificate received from -� Inquest held -� | Tystysgrif a dderbyniwyd oddi wrth Cynhaliwyd cwest ar -� |
| Reg. 45(b)(ii) | Certificate on inquest adjourned received from -� | Tystysgrif ar gwest a ohiriwyd a dderbyniwyd oddi wrth -� |
| Reg. 47(6) | On the authority of the Registrar General | Dan awdurdod y Cofrestrydd Cyffredinol |
| Reg. 54(1)(d) | one | un |
| Reg. 54(1)(e) | The particulars in -� and -� inadvertently transposed | Trawsddodwyd y manylion yn -� a -� yn ddamweiniol |
| Reg. 55(3) | Error in -� corrected on -� by me -� Registrar | Camgymeriad yn -� a gywirwyd ar -� gennyf i -� Cofrestrydd |
| Reg. 55(4) | Error in -� corrected on -� by me -� Superintendent Registrar | Camgymeriad yn -� a gywirwyd ar -� gennyf i -� Cofrestrydd Arolygol |
| Reg. 56(2) | Error in -� corrected on -� by me -� Registrar, in the presence of -� and Superintendent Registrar | Camgymeriad yn -� a gywirwyd ar -� gennyf i -� Cofrestrydd, yng ngŵydd -� a -� Cofrestrydd Arolygol |
| Error in -� corrected on -� by me -� Superintendent Registrar, in the presence of -� | Camgymeriad yn -� a gywirwyd ar -� gennyf i -� Cofrestrydd Arolygol, yng ngŵydd -� | |
| Reg. 57(3) | Error in -� corrected on -� -� by me -� Superintendent Registrar (or Registrar) in the presence of -� on the authority of the Registrar General | Camgymeriad yn -� a gywirwyd ar -� -� gennyf i -� Cofrestrydd Arolygol (neu Cofrestrydd) yng ngŵydd -� dan awdurdod y Cofrestrydd Cyffredinol |
| Reg. 57(4) | Error in -� corrected on -� by me -� Superintendent Registrar (or Registrar) on the authority of the Registrar General | Camgymeriad yn -� a gywirwyd ar -� -� gennyf i -� Cofrestrydd (neu Cofrestrydd Arolygol) dan awdurdod y Cofrestrydd Cyffredinol |
| Reg. 58(2)(b) | In No -� in -� for -� read -� Corrected on -� -� by me -� Superintendent Registrar (or Registrar) on production of a statutory declaration made by -�and -� | Yn Rhif -� yn -� yn lle -� darllener -� Cywirwyd ar -� -� gennyf i -� Cofrestrydd Arolygol (neu Cofrestrydd) ar ôl i mi weld datganiad cyfreithiol a wnaethpwyd gan -� a -� |
| Reg. 59(2) | Error in -� corrected on -� -� by me -� Superintendent Registrar (or Registrar) on receipt of notification from the Coroner | Camgymeriad yn -� a gywirwyd ar y -� -� gennyf i -� Cofrestrydd Arolygol (neu Cofrestrydd) ar ôl cael hysbysiad oddi wrth y Crwner |
| Reg. 59(3)(b) | In No -� in -� for -� read -� Corrected on -� -� by me -� Superintendent Registrar (or Registrar) on the authority of a certificate from the Coroner | Yn Rhif -� yn -� yn lle -� darllener -� Cywirwyd ar y -� -� gennyf i -� Cofrestrydd Arolygol (neu Cofrestrydd) dan awdurdod tystysgrif oddi wrth y Crwner |
Regulation 11
| (1) | (2) |
|---|---|
| Regulations revoked | References |
| The Registration of Births, Still-births and Deaths (Welsh Language) Regulations 1969. | S.I. 1969/203. |
| The Registration of Births, Still-births and Deaths (Welsh Language) and the Registration of Marriages (Welsh Language) (Amendment) Regulations 1974. | S.I. 1974/572. |
| The Registration of Births, Still-births and Deaths (Welsh Language) (Amendment) Regulations 1976. | S.I. 1976/2092. |
| The Registration of Births, Still-births and Deaths (Welsh Language) (Amendment) Regulations 1982. | S.I. 1982/266. |
| The Registration of Births, Still-births and Deaths (Welsh Language) (Amendment) Regulations 1985. | S.I. 1985/569. |
| The Registration of Births, Still-births and Deaths (Welsh Language) (Amendment No. 2) Regulations 1985. | S.I. 1985/1134. |
(This note is not part of the Regulations)
These Regulations consolidate with minor amendments the Registration of Births, Still-births and Deaths (Welsh Language) Regulations 1969, and subsequent amending regulations which are revoked.
The Regulations prescribe forms in English and Welsh for use in Wales in place of forms prescribed under the Registration of Births and Deaths Regulations 1987 ("the 1987 Regulations") which are in English only (regulations 2 and 8 and Schedule 2) and they specify the conditions for the registration of births and deaths in Welsh as well as English (regulations 4-�6) and the form of Welsh wording to be used (regulations 3 and Schedule 3). Provision is also made for the correction of errors in birth and death entries (regulation 7); for the issue of short certificates of birth for births which occurred in Wales (regulation 8); and for the English text to prevail in the case of any discrepancy (regulation 9). A change of substance is made in regulation 6 (registration of deaths occurring in Wales) the form of the certificate of cause of death, and of the related notice, prescribed by the 1987 Regulations may be used where the certificate is issued in England but the place of death is in Wales. In addition provision is made for a certified copy made on a bilingually printed form to be treated as a true copy of the original entry notwithstanding that the original was in English only (regulation 10).
The concurrence of the Secretary of State is required in relation to the exercise of the powers conferred by the provisions specified in paragraph 2 of Schedule 1 to this instrument and his approval is required in relation to the exercise of the powers conferred by the provisions specified in the remaining paragraphs of the Schedule.
S.I. 1987/2088.
Section 3A was inserted by section 92 of the Children Act 1975 (c. 72).
S.I. 1968/1242.
