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Registration of Births and Deaths (Welsh Language) Bill


 

Registration of Births and Deaths (Welsh Language) Bill

 

 
 

Contents

1   

Registration where particulars are given in Welsh

2   

Certificates of prescribed particulars

3   

Supplementary

4   

Short title, commencement and extent

Schedule   —   

Consequential amendments to the Births and Deaths

Registration Act 1953

 

Bill 83                                                                                                 

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Registration of Births and Deaths (Welsh Language) Bill

1

 

A

Bill

To

Make provision about the registration of births and deaths where particulars

are given in Welsh and English; to permit certificates of particulars of entries

of registers of births and deaths to be in Welsh or English only in such

circumstances; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Registration where particulars are given in Welsh

(1)   

After section 24 of the Births and Deaths Registration Act 1953 (c. 20) (“the 1953

Act”) (certificates as to registration of death) insert—

“24A    

Registers of births and deaths in England and Wales of which

particulars are given in Welsh

5

(1)   

If the registrar in England receives a declaration or statement made

under section 9 or 23A of this Act in Welsh (as well as in English) to a

prescribed officer in Wales who could understand and write Welsh, the

registrar shall (as well as registering or re-registering the birth or death

concerned) send the declaration or statement to the Registrar General.

10

(2)   

The Registrar General shall keep at the General Register Office registers

of live-births, still-births and deaths in which shall be entered in both

English and Welsh the particulars contained in declarations and

statements sent to the Registrar General under subsection (1) of this

section.”

15

(2)   

After section 32 of the 1953 Act (searches in registers kept by registrars)

insert—

“32A    

Single language certified copies of bilingual entries

Where an entry has been made in any register in both English and

Welsh, a certified copy of the entry provided under section 30, 31 or 32

20

of this Act may, if the person to whom it is provided so requests, consist

of a copy of only the English or only the Welsh version of the entry.”

 

Bill 83                                                                                                 

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Registration of Births and Deaths (Welsh Language) Bill

2

 

2       

Certificates of prescribed particulars

(1)   

For section 33 of the 1953 Act (short certificate of birth) substitute—

“33     

Certificates of prescribed particulars in register

(1)   

Any person shall, on furnishing the prescribed information and on

payment of such fee as may be specified, be entitled to obtain a

5

certificate as to such of the particulars contained in any entry of a birth

or death in a register as may be prescribed.

(2)   

A certificate may be obtained—

(a)   

from the Registrar General if he has custody of the register or of

a certified copy of the entry; and

10

(b)   

from a superintendent registrar or registrar if he has custody of

the register.

(3)   

A certificate shall be in the prescribed form and compiled in the

prescribed manner.

(4)   

In subsection (1) of this section “specified” means specified by order

15

made by the Secretary of State; and an order under this subsection may

make different provision in relation to different descriptions of

certificates or provision limited to particular descriptions of certificates.

(5)   

The power to make orders under subsection (4) of this section shall be

exercisable by statutory instrument which shall be subject to

20

annulment in pursuance of a resolution of either House of Parliament.”

3       

Supplementary

The Schedule (which contains amendments to the Act consequential on

sections 1 and 2) has effect.

4       

Short title, commencement and extent

25

(1)   

This Act maybe cited as the Registration of Births and Deaths (Welsh

Language) Act 2009.

(2)   

Sections 1 and 2 and the Schedule shall come in to force on such a day as the

Secretary of State may by order appoint; and different days may be appointed

for different purposes.

30

(3)   

This Act does not extend to Scotland or Northern Ireland.

 
 

Registration of Births and Deaths (Welsh Language) Bill
Schedule — Consequential amendments to the Births and Deaths Registration Act 1953

3

 

Schedule

Section 3

 

Consequential amendments to the Births and Deaths Registration Act 1953

1          

The 1953 Act has effect subject to the following amendments.

2          

In section 10(1) (registration of father where parents not married or of

second female “parent where parents not civil partners), for “the registrar

5

shall not enter in the register the name of any person” insert “no person shall

be registered”.

3          

In section 10(1B) (registration of father where parents not married or of

second female parent where parents not civil partners), for “the registrar

shall not enter in the register the name of any woman” insert “no woman

10

shall be registered”.

4     (1)  

Section 10ZA (registration of father or second female parent by virtue of

certain provisions of Human Fertilisation and Embryology Act 2008 (c. 22))

is amended as follows.

      (2)  

In subsection (1) for “the registrar shall not enter” insert “no entry shall be

15

made”.

      (3)  

In subsection (2)(a) for “the registrar to make” insert “that” and after “such

an entry” insert “should be made”.

5     (1)  

Section 10A (re-registration where parents neither married nor civil

partners) is amended as follows.

20

      (2)  

In subsection (1) for “registrar shall re-register the birth” insert “birth shall

be re-registered”.

      (3)  

In subsection (1B) for “registrar shall re-register the birth” insert “birth shall

be re-registered”.

      (4)  

After subsection (2) insert—

25

“(3)   

Subsection (2) of this section shall not apply in relation to re-

registration in the register of live births kept by the Registrar General

under section 24A of this Act.”

6          

In section 13 (registration of name of child or of alteration of name) after

subsection (1A) insert—

30

“(1B)   

If the child‘s birth has been registered in the register of live births

kept by the Registrar General under section 24A of this Act, the

Registrar General shall enter the name mentioned in the certificate in

that register.”

7          

In section 14 (re-registration of births of legitimated persons) after

35

subsection (4) insert—

“(4A)   

Where a birth is re-registered under this section in such

circumstances as may be prescribed, provision may be prescribed for

 

 

Registration of Births and Deaths (Welsh Language) Bill
Schedule — Consequential amendments to the Births and Deaths Registration Act 1953

4

 

the Registrar General of an entry in the register of live-births kept by

the Registrar General under section 24A of this Act.”

8          

In section 14A of the Act (re-registration after declaration of parentage) after

subsection (2) insert—

“(3)   

Where a birth is re-registered under this section in such

5

circumstances as may be prescribed, provision may be prescribed for

the Registrar General of an entry in the register of live-births kept by

the Registrar General under section 24A of this Act.”

9     (1)  

Section 30 of the Act (searches of indexes kept by the Registrar General) is

amended as follows.

10

      (2)  

In subsection (1A) after “section 3A” insert “and 24A”.

      (3)  

In subsection (2) after “said certified copies” insert “or registers”.

      (4)  

In subsection (3)—

(a)   

after “registers of still-births” insert “or to the register of still-births

kept by the Registrar General under section 24A of this Act”, and

15

(b)   

at end insert “or in the register of still-births kept by him under

section 24A of this Act.”

10    (1)  

Section 34 (entry in register as evidence of birth or death) is amended as

follows.

      (2)  

In subsection (2) after “certified copy of a register” insert “or a certificate as

20

to particulars contained in an entry of a birth or death”.

      (3)  

In subsection (6)—

(a)   

after “General Register Office” insert “, or any certificate given in that

Office under section 33 of this Act”;

(b)   

after “of an entry”, in the second place, insert “, or any certificate

25

given in that Office under section 33 of this Act”; and

(c)   

after “no certified copy” insert “or certificate”.

 
 

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