Coronavirus Bill (HC Bill 122)

substituted—

“(3) Condition 2 is that the local authority considers it necessary
to meet the carer’s needs in order to protect the carer from
abuse or neglect or a risk of abuse or neglect.”, and”

(b) in the Welsh language text, for subsection (3) there were
5substituted—

“(3) Amod 2 yw bod yr awdurdod lleol yn barnu ei bod yn
angenrheidiol diwallu’r anghenion er mwyn amddiffyn yr
oedolyn rhag cael ei gam-drin neu ei esgeuluso neu rhag risg
o gael ei gam-drin neu ei esgeuluso.”

28 (1) 10For the purpose of determining whether the duty imposed by section 35 or
40 of SSW(W)A 2014 applies to a local authority, any reference in that section
to there being no charge under section 59 of that Act includes a reference to
there being no charge because the authority has decided not to carry out an
assessment under section 63(2) of that Act as a result of paragraph 25(1)
15above (but see paragraph 30 below).

(2) But the duty under section 35 or 40 of SSW(W)A 2014 does not apply to a
local authority if—

(a) the authority notifies the relevant person that it may impose a charge
for meeting needs under that section, and

(b) 20the relevant person asks the authority not to meet those needs.

(3) In sub-paragraph (2) “the relevant person” means—

(a) the person who would be liable to pay any such charge, except where
paragraph (b) or (c) applies;

(b) in a case where—

(i) 25the authority would be meeting the needs of an adult under
section 35 of SSW(W)A 2014, and

(ii) the adult lacks capacity to arrange for the provision of care
and support,

a person who is authorised under the Mental Capacity Act 2005 to
30arrange for such provision or is otherwise in a position to do so on
the adult’s behalf;

(c) in a case where the authority would be meeting the needs of a carer
under section 40 of SSW(W)A 2014 and the person cared for by the
carer (“P”)—

(i) 35lacks capacity to decide whether to have the needs met by the
provision of care and support to P, or

(ii) where P is a disabled child aged under 16, does not have
sufficient understanding to make an informed decision about
having the needs met by the provision of care and support to
40P,

a relevant representative.

(4) The following are relevant representatives for the purposes of sub-
paragraph (3)(c)—

(a) an authorised person within the meaning of section 41 of SSW(W)A
452014 (see subsection (15) of that section), and

(b) in the case of a disabled child, a person with parental responsibility
for the child.

(5) In a case where the authority would be meeting the needs of a carer under
section 40 of SSW(W)A 2014 and the person cared for by the carer is a
disabled child aged 16 or 17, the local authority may disregard a request for
the purposes of sub-paragraph (2)(b) if it is satisfied that it would not be in
5the disabled child’s best interests.

(6) In a case where the authority would be meeting the needs of a carer under
section 40 of SSW(W)A 2014 and the person cared for by the carer is a
disabled child aged under 16, the local authority may disregard a request for
the purposes of sub-paragraph (2)(b) if it is satisfied that it would not be
10consistent with the disabled child’s well-being.

29 In the case of any adult (including an adult who is a carer), a local authority
does not have to comply with any duties imposed by regulations under
section 57 of SSW(W)A 2014 (cases where a person expresses preference for
particular accommodation).

15Charging for meeting needs during emergency period

30 (1) This paragraph applies where—

(a) at any time during an emergency period, a local authority begins to
meet needs under section 35 or 40 of SSW(W)A 2014,

(b) at that time, the authority would have been entitled to impose a
20charge under section 59 of that Act for meeting any of those needs,
but

(c) the authority decided not to carry out an assessment under section
63(2) of that Act before beginning to meet those needs.

In this paragraph “emergency period” means a period for which paragraph
2526 or (as the case may be) 27 has effect.

(2) The local authority is not prevented by that decision from subsequently
carrying out an assessment under section 63(2) of SSW(W)A 2014 (whether
during or after the emergency period) and deciding to impose a charge for
meeting those needs during that period; and nothing in that section is to be
30taken to prevent the authority from carrying out such an assessment, even
though the authority has already begun to meet, or has met, those needs.

(3) In so far as there is any charge for meeting any needs under section 35 of
SSW(W)A 2014 during the emergency period, the fact that condition 3 in that
section is not met at the time of the imposition of the charge does not affect
35anything already done under that section.

(4) In so far as there is any charge for meeting any needs under section 40 of
SSW(W)A 2014 during the emergency period, the fact that condition 3 in that
section is not met at the time of the imposition of the charge does not affect
anything already done under that section.

40Care and support plans etc

31 In the case of any adult (including an adult who is a carer), a local authority
does not have to comply with any duties imposed by—

(a) section 54 of SSW(W)A 2014 (care and support plans and support
plans), or

(b) 45any regulations made under that section or section 55 of that Act.

Portability of care and support

32 In the case of an adult, a local authority does not have to comply with any
duties imposed by section 56 of SSW(W)A 2014 (portability of care and
support).

33 (1) 5This paragraph applies where—

(a) paragraph 32 has had effect for any period (“the emergency period”),
and

(b) the emergency period has ended.

(2) Section 56 of SSW(W)A 2014 has effect in the case of an adult with the
10modifications in sub-paragraphs (3) to (5).

(3) In subsection (1)—

(a) the reference to a local authority being notified that a person is going
to move to the area of another local authority includes, in the case of
an adult who moved to the area of another local authority during the
15emergency period, a reference to being notified that the adult has
moved to that area, and

(b) where a local authority is notified that an adult has moved to the area
of another local authority by virtue of paragraph (a), the reference to
the authority being satisfied that the move is likely to happen is to be
20disregarded (and accordingly the requirement imposed by
subsection (1)(a) does not apply).

(4) In subsection (2)—

(a) the reference to a local authority being notified that a person is going
to move to the area of that authority includes, in the case of an adult
25who moved to the area of a local authority during the emergency
period, a reference to that authority being notified that the adult has
moved to that area, and

(b) where a local authority is notified that an adult has moved to the
authority’s area by virtue of paragraph (a), the reference to the
30authority being satisfied that the move is likely to happen is to be
disregarded (and accordingly the requirement imposed by
subsection (2)(a) does not apply).

(5) The reference in subsection (3) to the day the person moves to the area of a
local authority is, in the case of an adult who moved to the area of a local
35authority during the emergency period, to be read as a reference to the day
on which that period ended.

Duties arising before commencement

34 (1) A provision of this Part of this Schedule that provides that a local authority
does not have to comply with a relevant duty, or modifies a relevant duty of
40a local authority, applies in relation to duties arising before the
commencement day as it applies in relation to duties arising on or after that
day.

(2) In sub-paragraph (1)—

• “the commencement day”, in relation to a provision of this Part of this
  45Schedule, means—

  (a)

  the day on which that provision comes into force, or

  Coronavirus BillPage 122

  (b)

  where on any day the operation of the provision is revived by
  regulations under section 74(3), that day;

• “relevant duty” means a duty under Parts 3 to 5 of SSW(W)A 2014.

Guidance

35 (1) 5The Welsh Ministers may issue guidance about how local authorities are to
exercise functions under Parts 2 to 5 of SSW(W)A 2014 in consequence of the
provision made by this Part of this Schedule.

(2) A local authority must have regard to any guidance issued under this
paragraph.

(3) 10A local authority must comply with such guidance issued under this
paragraph as the Welsh Ministers direct.

(4) The Welsh Ministers—

(a) may from time to time revise any guidance issued under this
paragraph;

(b) 15may vary or revoke a direction made under sub-paragraph (3).

(5) A local authority may disregard any provision of a code under section 145
of SSW(W)A 2014, so far as it is inconsistent with guidance issued under this
paragraph.

Section 17

SCHEDULE 12 20Registration of deaths and still-births

Part 1 England and Wales

Interpretation

1 (1) In this Part of this Schedule—

• 25“the 1926 Act” means the Births and Deaths Registration Act 1926;

• “the 1953 Act” means the Births and Deaths Registration Act 1953;

• “the principal 1987 Regulations” means the Registration of Births and
  Deaths Regulations 1987 (S.I. 1987/2088);

• “the 2019 Regulations” means the Notification of Deaths Regulations
  302019 (S.I. 2019/1112).

(2) Expressions used in this Part of this Schedule and in the 1953 Act have the
same meaning as in that Act.

Information concerning deaths: England and Wales

2 (1) A funeral director is qualified for the purposes of section 16 or 17 of the 1953
35Act to give information concerning the death of a person if the funeral
director—

(a) is responsible for the arrangement of the deceased’s funeral, and

(b) is authorised by a relative of the deceased to give information
concerning the death.

(2) Section 36 of the 1953 Act (penalties for failure to give information) does not
apply to a funeral director who provides information in reliance on sub-
5paragraph (1).

Giving information other than in person and dispensing with signing the register

3 (1) A qualified informant who is required under the 1953 Act to give
information about a death or still-birth to the registrar may give the
information to the registrar—

(a) 10by telephone, or

(b) by any other methods specified in guidance issued by the Registrar
General,

if the informant is unable to attend before the registrar in person.

(2) The duty of a qualified informant to sign the register in the presence of the
15registrar does not apply where information is provided in reliance on sub-
paragraph (1).

(3) An entry in a register of deaths or a register of still-births for which, by virtue
of sub-paragraph (2), no signature is required is to be treated as an entry
signed by a qualified informant for the purposes of the 1953 Act.

(4) 20A person is to be treated as unable to give information for the purposes of
sub-paragraph (1) if it would be impractical for the person to do so (whether
because of illness, the need to care for others, the risk of infection, staff
shortages at the registrar’s office or any other reason).

Medical certificates of cause of death

4 (1) 25Sub-paragraphs (2) to (5) have effect for any period before the coming into
force of the section 22 of the 1953 Act that is substituted by paragraph 14 of
Schedule 21 to the Coroners and Justice Act 2009.

(2) A registered medical practitioner (“X”) who is not the practitioner who
attended the deceased person (“D”) during D’s last illness may sign a
30certificate under section 22(1) of the 1953 Act (certificates of cause of death)
if—

(a) the practitioner who attended D is unable to sign the certificate or it
is impractical for that practitioner to sign the certificate, and

(b) X is able to state to the best of X’s knowledge and belief the cause of
35death.

(3) A registered medical practitioner (“P”) may sign a certificate under section
22(1) of the 1953 Act, even in the case of a person who has not been attended
during that person’s last illness by a registered medical practitioner, if P is
able to state to the best of P’s knowledge and belief the cause of death.

(4) 40Where a registered medical practitioner proposes to sign a certificate under
section 22(1) of the 1953 Act in reliance on sub-paragraph (2) or (3)—

(a) Forms 14 and 15 in Schedule 2 to the principal 1987 Regulations have
effect as if in each case—

(i) the line beginning with “Last seen” were omitted, and

(ii) the words “I was in medical attendance during the above
named deceased’s last illness, and that” were omitted;

(b) Forms 11 and 12 in Schedule 2 to the Registration of Births and
Deaths (Welsh Language) Regulations 1987 (S.I. 1987/2089) were
5subject to modifications corresponding to those mentioned in
paragraph (a).

(5) Where a registered medical practitioner signs a certificate under section
22(1) of the 1953 Act in reliance on sub-paragraph (2) or (3)—

(a) the practitioner is subject to the other duties applicable to a person
10who has signed such a certificate, and

(b) in a sub-paragraph (2) case, the practitioner who attended the
deceased is not subject to any duties in relation to such a certificate.

(6) Where a registered medical practitioner signs a certificate under section
22(1) of the 1953 Act in reliance on sub-paragraph (3), regulation 41 of the
15principal 1987 Regulations (reference to coroner) has effect as if paragraph
(1)(a) were omitted.

(7) In section 20 of the Coroners and Justice Act 2009 (medical certificate of
cause of death), subsection (4) has effect as if the words “during a period of
emergency” were omitted.

20Delivery of documents by alternative methods

5 (1) Any relevant document may be delivered by any electronic or other means
specified in guidance issued by the Registrar General.

(2) “Relevant document” means —

(a) a document relating to a death or still-birth that is required or
25permitted by or under the 1953 Act, or

(b) a certificate for the purposes of section 1 of the 1926 Act (prohibition
on disposal of body except on registrar’s certificate) or a notification
of disposal for the purposes of section 3 of that Act.

Further modifications of the principal 1987 Regulations

6 (1) 30The principal 1987 Regulations have effect with the following modifications.

(2) Regulation 34(1) (registration of still-birth where no reference to the coroner)
has effect as if—

(a) in sub-paragraph (c) “personally” were omitted, and

(b) in the words after sub-paragraph (c) “in the presence of the
35informant” were omitted.

(3) Regulation 41(1)(b)(ii) (reference to coroner) has effect as if—

(a) for “the certifying medical practitioner” there were substituted “a
medical practitioner”, and

(b) for “14 days” there were substituted “28 days”.

(4) 40Regulation 42(1) (registration of death within 12 months where no report to
coroner) has effect as if—

(a) in sub-paragraph (c) “personally” were omitted, and

(b) in the words after sub-paragraph (c) “in the presence of the
informant” were omitted.

(5) Regulation 43(1) (registration of death where no inquest held) has effect as if
“in the presence of a qualified informant” were omitted.

(6) Regulation 47(3) (registration of death after 12 months) has effect as if—

(a) the words “shall arrange for that informant to attend at his office
5and” were omitted, and

(b) “in his presence” were omitted.

Notification of death to coroner

7 (1) A registered medical practitioner is not required to notify the relevant senior
coroner of a person’s death in the circumstances described in regulation
103(1)(e) or (f) of the 2019 Regulations unless the practitioner also reasonably
believes that—

(a) there is no registered medical practitioner who may sign a certificate
under section 22(1) of the 1953 Act in reliance on paragraph 4(2) or
(3), or

(b) 15there is such a registered medical practitioner, but the practitioner is
not available within a reasonable time of the person’s death to sign
the certificate.

(2) Expressions used in this paragraph and the 2019 Regulations have the same
meaning as in the Regulations.

20Transitional provision

8 Anything relating to the registration of a death or still-birth that,
immediately before the end of any period for which a provision of this Part
of this Schedule has effect, is in the process of being done in reliance on that
provision may continue to be done after the end of that period in reliance on
25that provision.

9 (1) This paragraph applies where, during any period for which paragraph 5 has
effect, a person delivers a relevant document in reliance on that paragraph.

(2) The person must give, deliver or send the document in accordance with the
applicable legislation as soon as reasonably practicable after the end of the
30period, and in any event not later than the end of the period of 3 months
beginning with the day on which the period ends.

(3) The Registrar General may give a direction—

(a) setting a later deadline than the one specified in sub-paragraph (2),
or

(b) 35dispensing with the duty under sub-paragraph (2).

(4) A direction under sub-paragraph (3) may be expressed as having effect
generally, in relation to persons within a description specified in the
direction, or in relation to a particular case.

(5) A direction under sub-paragraph (3) may vary or revoke previous directions
40given under that sub-paragraph.

(6) A registrar may, in relation to a relevant document that is required to be
given, delivered or sent to the registrar, give a direction in a particular case—

(a) setting a later deadline than the one specified in sub-paragraph (2),
or

(b) dispensing with the duty under sub-paragraph (2).

(7) In this paragraph—

• “applicable legislation” means—

  (a)

  in the case of a document within paragraph 5(2)(a), the 1953
  5Act, and

  (b)

  in the case of a document within paragraph 5(2)(b), the 1926
  Act;

• “relevant document” has the same meaning as in paragraph 5.

Part 2 10Scotland

Interpretation

10 (1) In this Part of this Schedule “the 1965 Act” means the Registration of Births,
Deaths and Marriages (Scotland) Act 1965.

(2) Expressions used in this Part of this Schedule and in the 1965 Act have the
15same meaning as in that Act.

Information concerning deaths

11 A funeral director may for the purposes of section 23(1) of the 1965 Act give
information concerning the death of a person if the funeral director—

(a) is responsible for the arrangement of the deceased’s funeral, and

(b) 20is authorised by a relative of the deceased to give information
concerning the death.

Giving information other than in person

12 (1) A person who is required under the 1965 Act to give information about a
death or still-birth to the district registrar for a registration district may give
25the information to the registrar—

(a) by telephone, or

(b) by any other methods specified in guidance by the Registrar General,

if the person is unable to attend the registrar personally.

(2) A person is to be treated as unable to give information for the purposes of
30sub-paragraph (1) if it would be unreasonable for the person to do so
(whether because of illness, the need to care for others, the risk of infection,
staff shortages at the district registrar’s office or any other reason).

(3) Where information is given under sub-paragraph (1)—

(a) if an approved digital means of attesting the death registration form
35or, as the case may be, register is available for the person providing
the information (“the informant”) to use, the informant may attest
the death registration form or, as the case may be, register by that
means;

(b) otherwise—

(i) 40the informant must provide such details as to the informant’s
usual signature as the district registrar may require, and

(ii) if satisfied with those details, the registrar may in a manner
specified in guidance by the Registrar General attest the
death registration form or, as the case may be, register on
behalf of the informant.

(4) 5For the purpose of sub-paragraph (3), “an approved digital means of
attesting” is a means specified for that purpose in guidance issued by the
Registrar General.

Delivery of documents by alternative methods

13 (1) Any relevant document may be given or delivered by any electronic or other
10means specified in guidance issued by the Registrar General.

(2) “Relevant document” means a document relating to a death or still-birth that
is required or permitted by or under the 1965 Act.

Guidance

14 The Registrar General may vary or revoke any guidance issued under this
15Part.

Transitional provision

15 Anything relating to the registration of a death or still-birth that,
immediately before the end of any period for which a provision of this Part
of this Schedule has effect, is in the process of being done in reliance on that
20provision may continue to be done after the end of that period in reliance on
that provision.

16 (1) This paragraph applies where, during any period for which paragraph 13
has effect, a person gives or delivers a relevant document in reliance on that
paragraph.

(2) 25The person must give, deliver or send the document in accordance with the
1965 Act as soon as reasonably practicable after the end of the period, and in
any event not later than the end of the period of 3 months beginning with the
day on which the period ends.

(3) The Registrar General may give a direction—

(a) 30setting a later deadline than the one specified in sub-paragraph (2),
or

(b) dispensing with the duty under sub-paragraph (2).

(4) A direction under sub-paragraph (3) may be expressed as having effect
generally, in relation to persons within a description specified in the
35direction, or in relation to a particular case.

(5) A direction under sub-paragraph (3) may vary or revoke previous directions
given under that sub-paragraph.

(6) A district registrar may, in relation to a relevant document that is required
to be given, delivered or sent to the registrar, give a direction in a particular
40case—

(a) setting a later deadline than the one specified in sub-paragraph (2),
or

(b) dispensing with the duty under sub-paragraph (2).

(7) In this paragraph “relevant document” has the same meaning as in
paragraph 13.

Part 3 Northern Ireland

5Interpretation

17 (1) In this Part of this Schedule—

• “the 1976 Order” means the Births and Deaths Registration (Northern
  Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14));

• “the 2012 Regulations” means the Civil Registration Regulations
  10(Northern Ireland) 2012 (S.R. (N.I.) 2012 No. 408).

(2) In this Part of this Schedule—

(a) references to Articles are to Articles of the 1976 Order;

(b) references to Forms are to Forms in Schedule 1 to the 2012
Regulations.

(3) 15Expressions used in this Schedule and in the 1976 Order have the meaning
given in that Order.

Giving certificate of cause of still-birth directly

18 (1) This paragraph applies if—

(a) a registered medical practitioner or registered midwife is required
20under Article 15(5) to give an informant a certificate for the purposes
of Article 15(3), and

(b) the certificate is signed during any period for which this paragraph
has effect.

(2) The medical practitioner or, as the case may be, the registered midwife—

(a) 25must forthwith send a copy of the certificate to the registrar by
electronic means;

(b) is not required to give the certificate to the informant (but may do
so).

(3) The informant is not subject to any duty under Article 15(3) in relation to the
30certificate.

19 In accordance with paragraph 18, Form 10 has effect as if, in the opening
lines, for “accompanied by” there were substituted “and a copy of”.

Giving certificate of notice of still-birth directly

20 Article 15(7) (registrar receiving written notice of still-births) has effect as
35if—

(a) for “accompanied by such a certificate” there were substituted “and
a copy of such a certificate”;

(b) for “person sending the notice” there were substituted “person who
has control over, or who ordinarily effects the disposal of bodies at,
40any burial ground or other place at which it is intended to dispose of
the body of a still-born child,”.