A transcript of the 1926 Act for
the registration of births and deaths in
An Act to amend the law relating to
certification of deaths and the disposal of the dead. [
Be it enacted by the King'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.-(1) Subject as hereinafter provided, the
body of a deceased person shall not be disposed of before a certificate of the
registrar given in pursuance of this Act or an order of the coroner has been
delivered to the person effecting the disposal :
Provided that it shall be lawful for the person effecting the disposal by
burial of the body of any deceased person, if satisfied by a written
declaration in the prescribed form by the person procuring the disposal that a
certificate of the registrar or order of the coroner has been issued in respect
of the deceased, to proceed with the burial notwithstanding that the
certificate or order has not been previously delivered to him.
(2) Any person contravening the provisions of
this section shall be liable on summary conviction to a fine not exceeding ten
pounds.
2.-(l) The registrar, upon registering any
death, shall forthwith give to the person giving information concerning the
death a certificate under his hand that he has registered the death; but may,
before registering the death and subject to such conditions as may be
prescribed, upon receiving written notice of the occurrence of a death in
respect of which he has received a medical certificate under section twenty of
the Births and Deaths Registration Act, 1874, as amended by this Act, give to
the person sending the notice, if required to do so, a certificate under his
hand that he has received notice of the death; and any such certificate shall
be given without fee:
Provided that the registrar shall not issue any certificate in any case in
which he is satisfied that an order has been issued by the coroner authorising
the burial of the body.
(3) Where the body of a deceased person has
been removed into England for disposal, and no order has been given by a
coroner in respect thereof, the registrar of the sub-district in which it is
intended to dispose of the body, if it appears that the death is not required
by law to be registered in England, shall give upon application by the person
procuring the disposal and upon payment of the prescribed fee a certificate to
that effect in the prescribed form.
(4) A person to whom any certificate issued
by the registrar under this section is delivered shall transmit it to the
person effecting the disposal.
(5) A registrar by whom a certificate has
been given under this Act may, upon receiving a satisfactory explanation of any
circumstances by reason of which such certificate is not available for the
purposes of this Act, issue on payment of the prescribed fee a duplicate
thereof either to the person to whom the original certificate was given or to
the person effecting the disposal; and any such duplicate certificate shall be
in a distinctive form.
3.-(1) The person effecting the disposal of
the body of any deceased person shall, within ninety-six hours of the disposal,
deliver to the registrar in the prescribed manner a notification as to the
date, place and means of disposal of the body.
(2) The registrar shall, on the expiration of
the prescribed period after the issue of a certificate by him or of an order by
the coroner in respect of a deceased person, if no notification as aforesaid
has been previously received by him of the disposal of the body of the
deceased, make enquiry of the person to whom the certificate or order was
given; and it shall be the duty of such person to give information to the best
of his knowledge and belief as to the person having the custody of the
certificate or order, the place in which the body is lying, or, if the body has
been disposed of, the person effecting the disposal.
4. The body of a deceased person shall not be
removed out of England until the expiration of the prescribed period after
notice of the removal has been given to the coroner within whose jurisdiction
the body is lying or otherwise than in accordance with such procedure as may be
prescribed, and any person contravening the provisions of this section shall be
liable on summary conviction to a fine not exceeding ten pounds.
5. It shall not be lawful for a person who
has control over or who ordinarily buries bodies in any burial ground to permit
to be buried or to bury in such burial ground a still-born child before there
is delivered to him either a certificate given by the registrar under the
provisions of this Act relating to still-births or, if there has been an
inquest, an order of the coroner.
6.-(1) Every certificate of cause of death
required to be given by section twenty of the Births and Deaths Registration
Act, 1874, shall be in the prescribed form; and the forms to be furnished under
paragraph (1) of that section shall be the forms so prescribed.
(2) Notwithstanding anything contained in
paragraphs (2) and (3) of section twenty of the Births and Deaths Registration
Act, 1874, every certificate of cause of death required to be signed by that
section shall be delivered forthwith by the registered medical practitioner by
whom. the certificate is signed to the registrar, and the registered medical
practitioner, on signing a certificate as aforesaid shall give in the
prescribed form to some person required by the Births and Deaths Registration
Acts, 1836 to 1901, to give information concerning the death, notice in writing
of the signing of the certificate, and that person shall, except where an
inquest is held on the body of the deceased: person, deliver the said notice to
the registrar.
7.-(1) The birth of every still-born child
shall be registered by the registrar in a register of still-births containing
the heads of information prescribed in the First Schedule to this Act.
(2) In the case of every still-birth, 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 the Births and Deaths
Registration Acts, 1836 to 1901, to give information concerning the birth, to
give information to the registrar of the particulars required to be registered
concerning the still-birth; and every such person upon giving information shall
either-
deliver to the registrar a 'written
certificate that the child was not born alive, signed by a registered medical
practitioner or certified midwife who was in attendance at the birth or who has
examined the body of such child; or
(ii) make a declaration in the prescribed
form to the effect that no registered medical practitioner or certified midwife
was present at the birth, or has examined the body, or that his or her
certificate cannot be obtained and that the child was not born alive.
(3) Subject to the provisions of this Act,
and subject to the prescribed exceptions, the provisions of the Births and
Deaths Registration Acts, 1836 to 1901, shall apply to the registration and
entry of a still-birth as they apply to the registration or entry of the birth
of a child born alive.
(4) The registrar upon registering a
still-birth shall, if so required, give, either to the person giving
information concerning the still-birth or to the person who has control over or
who ordinarily buries bodies in a burial ground in which it is intended to bury
the still-born child, a certificate under his hand in the prescribed form that
he has registered the still-birth, but may, on receiving written notice of a
still-birth accompanied by a certificate given by a registered medical
practitioner or certified midwife under the foregoing provisions of this
section, before registering the still-birth give to the person sending the
notice a certificate that he has received notice of the still-birth, and any
certificate given under this subsection shall be given without fee.
8.-(1) In addition to the fee to be paid to
any registrar under the provisions of section twenty-nine of the Births and
Deaths Registration Act, 1836, as amended by section thirty-one of the Births
and Deaths Registration Act, 1874, there shall be paid in respect of each entry
of death in the register an additional sum of three pence.
(2) Where the person effecting the disposal
is the incumbent of a parish, the fee payable to the incumbent in respect of
the disposal shall be increased by the sum of sixpence.
9. The Minister of Health, with the
concurrence of the Secretary of State, may make regulations-
prescribing the period and form of notice to
be given to the coroner of an intention to remove a body out of England; and as
to the procedure upon removal and the notification of the registrar as to the
date and place of such removal;
imposing any conditions and restrictions with
respect to means of disposal otherwise than by burial or cremation, as to the
period of time a body may be retained after death in an inhabited house or
other premises or with respect to embalming or preservation, which may appear
to be desirable in the interests of public health or public safety.
10. The power to make regulations under
section seven of the Cremation Act, 1902, shall include a power to make
regulations for the purpose of applying the provisions of this Act to cases
where human remains are disposed of by cremation, and except as may be provided
by any such regulations this Act shall not apply to cremation.
11. Any person contravening any of the
provisions of this Act in respect of which no penalty is expressly imposed
shall be liable on summary conviction to a fine not exceeding forty shillings.
12. In this Act, unless the context otherwise
requires-
"Prescribed" means prescribed by the Registrar-General with the
concurrence of the Minister of Health;
"Registrar " means, with respect to any death or birth the registrar
who is the registrar for the sub-district in which the death or birth takes
place;
"disposal" means disposal by burial, cremation or any other means,
and "disposed of" has a corresponding meaning;
"person effecting the disposal" means the person by whom or whose
officer the register of burials in which the disposal is to be registered is
kept, except that in the case of a burial under the Burial Laws Amendment Act,
1880, in the churchyard or graveyard of a parish or ecclesiastical district the
expression "person effecting the disposal" shall be construed as
referring to the relative, friend, or legal representative having charge of or
being responsible for the burial of the deceased person
"still-born" and "still-birth" shall apply to any child
which has issued forth from its mother after the twenty-eighth week of
pregnancy and which did not at any time after being completely expelled from
its mother, breathe or show any other signs of life.
13.-(1) The enactments set out in the Second
Schedule to this Act are hereby repealed to the extent specified in the third
column of that Schedule.
(2) This Act shall not apply to
(3) This Act may be cited as the Births and Deaths Registration Act, 1926, and
the Births and Deaths Registration Acts, 1836 to 1901, and this Act may be
cited together as the Births and Deaths Registration Acts, 1836 to 1926.
(4) This Act shall come into operation on the first day of July, nineteen
hundred and twenty-seven.
SCHEDULES. |
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No. |
When and |
Sex. |
Name and |
Name and |
Rank or |
Signature |
When |
Nature of |
Signature |
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SECOND SCHEDULE. |
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Sessions and |
Short Title. |
Extent of Repeal. |
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37 & 38 Vict. |
The Births and Deaths Registration Act,
1874. |
Section seventeen and in section eighteen
the words from "and shall" to "coroner." |
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Guy Etchells © 2002 All rights reserved. Permission is granted for all free personal and
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use of any portion contained herein is expressly prohibited. |
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