Registration of Births and Deaths Act 1937 |
2020 REVISED EDITION |
This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 |
An Act for the registration of births and deaths. |
[1 July 1938] |
Short title |
1. This Act is the Registration of Births and Deaths Act 1937. |
Interpretation |
2. In this Act —
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Appointment of officers |
Annual reports |
4.—(1) The Registrar-General shall, within such period after the expiration of every year as may be prescribed, and in any case not later than 31 March in each year, compile a summary of the births and deaths of the past year in the prescribed form.
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Registers |
5.—(1) The Registrar-General shall cause to be provided a sufficient number of registers for the registration of all births and deaths, and shall furnish to every registrar such registers as he requires.
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Custody of registers |
6.—(1) The registers of each local registration area shall be kept at the office of the registrar, whose duty it shall be carefully to preserve the same, and the custody thereof shall be handed down to succeeding registrars of that area in such manner as the Minister may direct.
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Registers not open to public inspection |
7. Registers shall not be open to inspection by the public. |
Information as to births and deaths |
8.—(1) Every deputy registrar shall inform himself carefully of every birth, stillbirth and death occurring in his district and shall forward particulars of the same in the prescribed form through the supervising deputy registrar (if any) to the registrar of the local registration area, who shall register the same without delay in the prescribed register.
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Persons who may register live births |
9.—(1) Where a child is born alive, a person mentioned in subsection (2) must, no later than the 14th day after the day of the birth —
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Name of child |
9A.—(1) The name of a child to be entered in a register of births in respect of the registration of the child’s birth and, where the child’s name in the register is to be altered, the child’s altered name to be entered in the register —
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Surname of child |
10.—(1) Any surname of a child to be entered in respect of the registration of the birth of the child shall be that of the father of the child; but where the child is illegitimate and the father is not an informant of the birth, the surname, if any, shall be that of the mother of the child.
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Registration of name of child or of alteration of name |
11.—(1) Subject to subsections (2) and (3) where before the expiration of 12 months from the date of the birth of any child —
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Special provision for registration of name within 7 years from registration of birth |
12.—(1) Notwithstanding section 11 the Registrar-General may in his discretion, on application being made to him in the prescribed form and on payment of the prescribed fee, enter or cause to be entered in the register in which the birth was registered the name of any child the birth of which was registered without a name not more than 7 years before the date of the application.
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Registrar‑General may refuse entry or alteration of name in register of births |
12A. The Registrar‑General may refuse the entry or alteration of a child’s name in a register of births under this Act if the name (including the altered name) —
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Penalties for failure to register name |
13.—(1) It shall be the duty of the parent or guardian or other person having the custody of a child whose birth was registered without a name to apply in the prescribed manner for the registration of the name of the child within 12 months of the date of the birth of the child.
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Stillbirths |
14. In the case of every stillbirth it shall, unless there has been an inquest, be the duty of the person who would, if the child had been born alive, have been required by section 9 to give information concerning the birth, to give information within 14 days after the stillbirth has taken place to any deputy registrar of the local registration area in which the stillbirth occurred of the particulars required to be registered concerning the stillbirth and every such person on giving information shall either —
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Occupier and relatives to register deaths |
15.—(1) When a person dies in a house the occupier of the house in which to his knowledge the death took place and the relatives of the deceased present at his death or in attendance during the last illness of the deceased, and each person present at the death, and in default of the persons heretofore in this subsection mentioned, each inmate of the house, the person causing the body of the deceased person to be buried, within 24 hours after the death, shall furnish to any deputy registrar of the local registration area within which the death has occurred, the particulars of the death in the prescribed form and shall certify to the correctness of the particulars by signing his name in the prescribed place on the form.
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Women may authorise male relatives to sign certificates, etc. |
16.—(1) In the event of the person whose duty it is to sign any certificate or make any declaration under sections 9, 11, 14 and 15 being a woman and unable through illness or other cause to sign the certificate or make the declaration, she may authorise any male relative to sign or make it on her behalf.
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Delayed registration |
17. Notwithstanding anything in the preceding provisions of this Act the registrar, upon payment of the prescribed fee, may register the particulars required by those provisions within 42 days after any birth and within 3 days after any death. |
Penalty for failure to furnish particulars |
18. Any person whose duty it is under the preceding provisions of this Act to furnish any particulars of any birth or death, and who without reasonable cause omits to do so within the time required by this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100:
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Duties of medical practitioners as to certification |
19.—(1) Every medical practitioner, upon the death of any person who has during his last illness been attended by that medical practitioner, shall sign and deliver within 12 hours of the death to one of the persons required by this Act to furnish particulars of the death or to any deputy registrar of the local registration area within which the death has occurred, a certificate in the prescribed form.
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When post-mortem examination is held |
20. When a medical practitioner has made a post-mortem examination of the body of any deceased person, the medical practitioner shall, unless he knows that a Coroner’s inquest or inquiry is to be held in respect of the death, within 24 hours after the conclusion of the examination, forward a certificate in the prescribed form to any deputy registrar of the local registration area within which the body of the deceased person was found, and the cause of death as stated in the certificate shall be entered in the register. |
When Coroner’s certificate is issued |
21.—(1) Where, in relation to the death of any person —
[14/2010]
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Duties of police officers |
22.—(1) All police officers shall obtain information of every birth and death within their respective districts, and also information respecting the father and mother of every child born in their district, and respecting the occupier of any house in their district in which any birth or death happens, and give notice thereof to the registrar or deputy registrar of the local registration area.
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Late registration |
23.—(1) Notwithstanding the neglect of any person to report or furnish information as to any birth or any death within the time required by this Act, it shall be the duty of the registrar or the deputy registrar to procure by all means within his power the best and most accurate information respecting any birth or death which has occurred within his area, and upon such information he shall make an entry of the birth or death in the manner hereinafter mentioned but not, in any case, until after the expiry of 42 days after the birth or 3 days after the death, as the case may be:
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Correction of errors |
24.—(1) No alteration shall be made in any register except as authorised by this Act or by the Legitimacy Act 1934.
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Extracts from registers |
25.—(1) Except as otherwise provided in this section and subject to section 23, every registrar shall, upon receiving an application therefor and upon payment of the prescribed fees, furnish to any person applying for it a certified extract of any entry in any register, other than a register of stillbirths, in his charge.
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Duties with regard to vaccination |
26. Registrars shall perform such duties connected with vaccination as are required to be performed by registrars of births and deaths under Part 6 of the Infectious Diseases Act 1976. |
Offences and penalties |
27.—(1) Any person who —
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Prosecutions |
28. No prosecution for any offence under this Act shall be instituted except with the consent of the Public Prosecutor, the Registrar‑General, a registrar or a supervising deputy registrar. [15/2010] |
Rules |
29.—(1) The Minister may make rules in respect of all or any of the following matters:
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Fees to be paid into Consolidated Fund |
30. All fees collected under this Act shall be paid into the Consolidated Fund. |