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
99

child, on the basis of information given by that person after the birth
is registered and confirmed by the mother.
(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
5
(b)
whose birth has been registered before or after the
commencement of this section without any person being
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).
10
(3)
Regulations under subsection (1) may—
(a)
enable a person who believes himself to be the father of a
relevant child to make a declaration to that effect to the
registrar,
(b)
enable or require the registrar by notice to require the mother
15
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
person as the father.
20
(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.
(5)
Regulations under this section may—
25
(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.
(6)
Regulations under this section may not provide for any birth to be re-
30
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
mother and confirmed by other parent
35
(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.
(2)
In this section a “relevant child” means a child—
40
(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
registered as the father of the child (or as a parent of the child
45
by virtue of section 42, 43 or 46(1) or (2) of the Human
Fertilisation and Embryology Act 2008).

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953
100

(3)
Regulations under subsection (1) may—
(a)
enable the mother of a relevant child to make a declaration to
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
5
father to state whether or not he acknowledges that he is the
father of the child,
(c)
where the alleged father acknowledges that he is the father of
the child, require the alleged father to give prescribed
information to the registrar, and
10
(d)
where the alleged father gives that information to the
registrar, 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
15
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).
(5)
Regulations under this section may—
(a)
require anything to be done in a prescribed form or manner
20
or in the presence of the registrar,
(b)
make provision as to the time within which anything is
required or authorised to be done.
(6)
Regulations under this section may not provide for any birth to be re-
registered except with the authority of the Registrar General.
25
(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),
in subsection (3), for paragraph (a) substitute—
“(a)
if it appears that not more than 12 months have so
30
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
35
superintendent registrar as well as by the registrar or
to have been made with the authority of the Registrar
General;”.
15
In section 36 of the 1953 Act (penalties for failure to give information) after
paragraph (a) insert—
40
“(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;”.
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,
45
2D, 2E, 10B and 10C”.

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

17
After section 39 of the 1953 Act insert—
“39A
Regulations made by the Minister: further provisions
(1)
Regulations made by the Minister under the relevant provisions
may—
(a)
make different provision for different cases or areas,
5
(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
10
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
15
of a resolution of either House of Parliament.
(5)
In this section “the relevant provisions” means sections 2B(4) and (6),
2C, 2D, 2E, 10B and 10C.”
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
20
and 10C)”.
Part 2
Other amendments
Perjury Act 1911 (c. 6)
19
In section 4 of the Perjury Act 1911 (false statements, etc, as to births or
25
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
of subsection (1) of section 2B of the Births and Deaths Registration
Act 1953 (duties of unmarried mother when acting alone) is to be
30
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
may be required on registration of a birth), in paragraph 1—
(a)
for paragraph (a) substitute—
35
“(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;”.
40

Welfare Reform Bill
Schedule 6 — Registration of births
Part 2 — Other amendments
102

(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
5
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
10
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
15
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;
20
(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.
25
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)
applies,”.
30
      (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—
“(1C)
The father of a child does not acquire parental responsibility by
35
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
make such an order, or
40
(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
by second female parent) is amended as follows.
45
      (2)
At the beginning of subsection (1)(a) insert “except where subsection (3A)
applies,”.

Welfare Reform Bill
Schedule 6 — Registration of births
Part 2 — Other amendments
103

      (3)
In subsection (2), after paragraph (a) insert—
“(aa)
regulations under section 2C, 2D, 10B or 10C of the Births and
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
5
Human Fertilisation and Embryology Act 2008 does not acquire
parental responsibility by virtue of subsection (1)(a) if, before she
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
10
subsection (1)(c) in relation to the child but did not make such
an order, or
(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.”
15
Child Support Act 1991 (c. 48)
23
In section 26 of the Child Support Act 1991 (disputes about parentage), in
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,”.
Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))
20
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,”.
Children (Scotland) Act 1995 (c. 36)
25
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
Deaths Registration Act 1953;”.
30
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—
“(ba)
regulations under section 2C, 2D, 2E, 10B or 10C of the Births
35
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”.