Welfare Reform Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Welfare Reform Bill

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953
98

(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
5
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.
10
(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.
15
(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
Re-registration after sole registration: information provided by
20
mother and confirmed by other parent
(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.
25
(2)
In this section a “relevant child” means a child—
(a)
whose father and mother were not married to 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
30
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
35
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, and
40
(c)
where the alleged father acknowledges that he is the father,
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
45
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).

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953
99

(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.
5
(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),
10
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
15
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;”.
20
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;”.
25
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(4) and (6), 2C,
2D, 2E, 10B and 10C”.
17
After section 39 of the 1953 Act insert—
“39A
Regulations made by the Minister: further provisions
30
(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
35
(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
40
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(4) and (6),
45
2C, 2D, 2E, 10B and 10C.”

Welfare Reform Bill
Schedule 6 — Registration of births
Part 2 — Other amendments
100

18
In section 41 of the 1953 Act (interpretation), in the definition of “prescribed”
after “ “prescribed””, insert “(except in sections 2B(4) and (6), 2C, 2D, 2E, 10B
and 10C)”.
Part 2
Other amendments
5
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
10
of subsection (1) of section 2B of the Births and Deaths Registration
Act 1953 (duties of unmarried mother 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
15
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
20
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
25
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
30
(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
35
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
40
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
45
partnership.”

Welfare Reform Bill
Schedule 6 — Registration of births
Part 2 — Other amendments
101

      (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)
5
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—
10
“(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
15
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
20
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
25
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
30
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
35
(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
40
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,”.

Welfare Reform Bill
Schedule 7 — Repeals and revocations
Part 1 — Abolition of income support
102

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,”.
5
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
10
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—
15
“(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”.
20
Schedule 7
Section 46

Repeals and revocations
Part 1
Abolition of income support

Reference
Extent of repeal or revocation

25

Maintenance Orders Act 1950
In section 4—

(c. 37)
(a)
subsection (1)(d), and

(b)
in subsection (2), the words “or the said

section 106”.

In section 9—

30

(a)
subsection (1)(d), and

(b)
in subsection (2), the words “or the said

section 106”.

Transport Act 1982 (c. 49)
In section 70(2)(b), the words “income

support,”.

35

Social Security Act 1986 (c. 50)
In Schedule 10, paragraphs 35 and 36.

Children Act 1989 (c. 41)
In section 17(9), the words “of income support

under Part VII of the Social Security

Contributions and Benefits Act 1992,”.

Welfare Reform Bill
Schedule 7 — Repeals and revocations
Part 1 — Abolition of income support
103

Reference
Extent of repeal or revocation

Children Act 1989 (c. 41)—cont.
In section 17A(5)(b), the words “of income

support under Part 7 of the Social Security

Contributions and Benefits Act 1992 (c. 4),”.

In section 29(3) and (3A), the words “of income

5

support under Part VII of the Social Security

Contributions and Benefits Act 1992,”.

In Schedule 2, in paragraph 21(4), the words “of

income support under Part VII of the Social

Security Contributions and Benefits Act

10

1992,”.

Child Support Act 1991 (c. 48)
In section 54(1), the definition of “income

support”.

In Schedule 1 (as it has effect apart from the

Child Support, Pensions and Social Security

15

Act 2000 (c. 6)), in paragraph 5(4), the words

“income support,”.

Criminal Justice Act 1991 (c. 53)
In section 24—

(a)
in subsections (1) and (2)(d), the words

“income support,”, and

20

(b)
in subsection (4), the definition of

“income support”.

Social Security Contributions
Section 123(1)(a) and (2).

and Benefits Act 1992 (c. 4)
Section 124.

Sections 126 and 127.

25

Social Security Administration
Section 2A(2)(a).

Act 1992 (c. 5)
Section 2AA(2)(a).

Section 2D(1) and (3)(a).

Section 2E(2)(a).

Section 5(2)(b).

30

In section 15A—

(a)
in subsection (1), the words “income

support,” in each place, and

(b)
in subsection (4), in the definition of

“qualifying associate”, the words

35

“income support,” and, in the definition

of “relevant benefits”, paragraph (b).

Section 71(11)(b).

In section 74—

(a)
in subsections (1)(b), (2)(b) and (3)(b)(i)

40

and (ii), the words “income support,”,

(b)
in subsection (3)(c), the words “the

income support or”, and

(c)
in subsection (3), in the words following

paragraph (c), the words “income

45

support” and the words “the income

support or”.

In section 74A(7), the words “income support,”.

In section 78(6)(d), the words “income support

or”.

50

In section 105(1)(b), the words “income

support,”.

Section 106.

Welfare Reform Bill
Schedule 7 — Repeals and revocations
Part 1 — Abolition of income support
104

Reference
Extent of repeal or revocation

Social Security Administration
Section 108.

Act 1992 (c. 5)—cont.
In section 109(1), the words “income support or”

in both places.

Section 124(2)(b).

5

In section 126(1), the words “income support,”.

Sections 159 and 160.

Section 163(2)(d)(i).

Section 179(5)(a).

In section 191, in the definition of “income-

10

related benefit”, paragraph (a).

Social Security (Consequential
In Schedule 2, paragraphs 3(1)(a) and (b) and (2)

Provisions) Act 1992 (c. 6)
and 108.

Local Government Finance Act
In Schedule 4, in paragraph 6(1) and (2)(b), the

1992 (c. 14)
words “income support,”.

15

In Schedule 8, in paragraph 6(1) and (2)(b), the

words “income support,”.

Jobseekers Act 1995 (c. 18)
In section 2(1), paragraph (d) (together with the

“and” immediately before it).

In section 3—

20

(a)
in subsection (1)(b), the words “income

support,”,

(b)
subsection (1)(c), and

(c)
in subsection (1A)(a), the word “(c),”.

Section 3A(1)(b).

25

In section 16(1)(a)(ii), the words “or to income

support”.

In section 26—

(a)
in subsection (1), the words “or to

income support”,

30

(b)
in subsection (3), the words “or (as the

case may be) income support”,

(c)
in subsection (4)(d), the words “and

periods of entitlement to income

support”,

35

(d)
in subsection (4)(e), the words “wholly

by way of income support or”, and

(e)
in subsection (4)(l), the words “or to

income support”.

In section 28(1), the words “or income support”.

40

Section 31.

In Schedule 2, paragraphs 30 to 32.

Employment Tribunals Act
In section 16(3)(a), (b) and (c) and (5)(e), the

1996 (c. 17)
words “, income support”.

In section 17(1), the words “, income support” in

45

both places and the words “or V”.

Education Act 1996 (c. 56)
Section 457(4)(b)(i).

Section 512ZB(4)(a)(i) and (b)(i).

Social Security Act 1998 (c. 14)
Section 8(3)(c).

In section 34(3), the words “or to income

50

support”.