Académique Documents
Professionnel Documents
Culture Documents
UNITED KINGDOM
Situation as at: March 2011
UNITED KINGDOM
Situation as at: March 2011
General Introduction
Chapters 1 to 9
-1-
UNITED KINGDOM
Situation as at: March 2011
GENERAL INTRODUCTION
The United Kingdom consists of four countries: England, Wales, Scotland and Northern Ireland. For historical reasons,
England and Wales have a common legal system which is different from those of both Scotland and Northern Ireland. This
is why civil registration in the United Kingdom is governed by various laws; the differences between the three systems
therefore justify separate introductions.
General information
The population of England and Wales in 2008 was around 54.4 million inhabitants and some 1,500 registrars registered
around 1.44 million events.
-2-
UNITED KINGDOM
Situation as at: March 2011
Civil registers
registers of births
registers of marriages
registers of civil partnerships
registers of deaths
registers of still-births
abandoned children register
parental order register
adopted children register
gender recognition register
adoption contact register
Except for the registers of still-births which are sent to the Registrar General once they have been filled, the original
registers of births, deaths and marriages are kept by the local registration services. However, copies of the entries held
locally are sent electronically to the Registrar General. The registers of abandoned children, adopted children, the gender
recognition register and the adoption contact register are kept and maintained by the Registrar General.
Civil partnerships also form an exception to the rule as their register is electronic and may be accessed at both local and
central register offices. A copy of the records does not therefore need to be sent to the GRO. The Registrar General also
keeps a register of adoptions notified to him or her by the courts. When a court makes an adoption order, the Registrar
General makes a note of this adoption on the original entry in the register of births and registers the adoption in the adopted
children register. The link between the two is confidential. However, the Registrar General also keeps an Adoption Contact
Register so that an adopted child can, on reaching the age of majority, be put in contact with his or her natural family, if both
parties consent to this.
There is no register of divorces. However, an index is kept by the courts which is held by the Principal Registry of the Family
Division.
Finally, events or decisions relating to British nationals abroad are not in principle registered in England and Wales.
However, events involving British nationals which have taken place abroad may be registered by the relevant British
authority; the Consulate in the country concerned, the British Armed Forces (if the event involves a serving member of the
forces) the Air authority (if a birth or death occurred on a British registered aircraft) or the Marine authority (if the birth or
death occurred on a British registered vessel).
The Registrar General and the heads of the local registration services must create an index of all the records which they
hold.
Items included in the main registers
Birth: date and place of birth (the time is indicated only if more than one living children are born); forenames, surname and
sex of the child; fathers or second female parents forenames, surname, place of birth and occupation; mothers forenames,
surname, place of birth, occupation, maiden surname (surname under which the mother entered into her first marriage or
civil partnership), surname under which the mother contracted the marriage to the father, or civil partnership to the second
female parent, if different from maiden surname, and usual address; informants forename, surname, address and
signature; date of registration and signature of registrar.
Death: date and place of death; forenames, surname, sex, maiden surname where applicable, date and place of birth,
occupation and usual address of the deceased (if the deceased is under 16 years of age, the parents names and
occupations will be indicated instead of the occupation of the deceased; if the deceased was married or widowed, in a civil
partnership or survived a civil partner, the spouse or partner's name and occupation will be indicated); informants
forename, surname, capacity, usual address and signature; cause of death; date of registration and signature of registrar.
Marriage:
- for both the bride and groom: forenames, surname, age, marital or civil partnership condition, occupation and address at
the time of marriage; fathers forenames, surname and occupation,
- date and place of marriage, signature of the couple, signature of two witnesses, signature of person solemnising the
marriage, signature of registrar.
Civil partnership: the items are similar to those included in the registers of marriages.
As a general rule, an entry made in a register cannot be amended or updated. However, if it is established that an error was
made at the time of registration, this error may be corrected and a marginal note giving the correct information may be
added to the entry, together with the date when this was added and the signature of the registrar making the correction. In
-3-
UNITED KINGDOM
Situation as at: March 2011
addition, if a new entry is made (known as "re-registration", e.g. after legitimation), this re-registration and its reference are
also noted at the bottom of the original entry.
Consultation of registers
Under the law, everyone has a right of access to the indexes to the registers and can obtain a certified copy of an entry by
paying a fee. Only current birth, death and marriage registers for which no index has yet been created can be consulted.
Once a register has been filled and is held by the head of the registration service responsible for the area to which the
register relates, the register can no longer be consulted, only the index to that register. An index contains the information
needed to identify a registered event, in particular the surname and forename.
Useful address
Identity and Passport Service
General Register Office for England and Wales
Smedley Hydro - Trafalgar Road
SOUTHPORT PR8 2HH, England, United Kingdom
Tel. +44-(0) 845 603 7788 Internet: http://www.ips.gov.uk/gro or http://www.direct.gov.uk/gro
--------------------------------------------
SCOTLAND
General information
Scotlands population in 2009 was around 5.19 million inhabitants and some 230 Scottish register offices and 750 registrars
registered around 141,240 events.
Registration of Births, Deaths and Marriages (Scotland) Act 1965, amended by The Local Electoral Administration and
Registration Services (Scotland) Act 2006.
Marriage (Scotland) Act 1977, amended by The Marriage (Scotland) Act 2002.
Registration of Births, Still-Births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997.
-4-
UNITED KINGDOM
Situation as at: March 2011
Civil registers
registers of births
registers of marriages
registers of civil partnerships
registers of deaths
registers of still-births
register of parental orders
adopted children register
register of divorces
register of dissolutions of civil partnership
gender recognition register
register of corrections
The registrars hold the registers in which they must enter any births, still-births, deaths and marriages (civil and religious)
occurring in their district in Scotland. However, the 2006 Act amended the law. Since 1 January 2007, anyone may go to
any register office in Scotland in order to register a birth or death which has occurred in Scotland. Therefore, although the
registrar enters a birth or death in his or her own registers, it is now permitted to enter, in these same registers, events
which have occurred in another region of Scotland. The registrars are responsible for the publication of all marriages, they
conduct civil marriages and they issue the Marriage Schedule for religious marriages. The civil partnership registrar is
specially appointed for this purpose. He or she must personally attend the formation of the civil partnership and must sign
the civil partnership registration certificate which will then be signed by the couple and their witnesses However, any
registrar at a local register office may carry out the pre-registration procedures or may, once the civil partnership has been
formed, register the event in the register of civil partnerships.
The old procedure involved drawing up two versions of the register page. In the past, the original registers were sent to the
Registrar General in Edinburgh at the end of each calendar year. The Registrar General then kept the originals and sent a
copy to the local register office. Nowadays, registrars in Scotland use a computer system directly connected to the office of
the Registrar General (GROS). This computer system allows a paper register page and an electronic record to be created
at the same time. Both media have the same evidential value. The electronic record is stored by the GROS which is
responsible for holding the records centrally within a special database which may be accessed by all registrars. The
registrar must keep the paper register page until this has been inspected by one of the three examiners mentioned above.
As indicated above, in the past this formality was carried out at the end of each calendar year. Nowadays it occurs much
more frequently. The Scottish civil registration services have now introduced a more modern inspection procedure. As a
result, the examiners are responsible for inspecting the records for the current year as and when these are produced. The
examiners inspect both the electronic data and the paper register pages. After the electronic record has been inspected, the
registrar sends the paper page to the GROS and the GROS keeps the paper registers in Edinburgh. The GROS then
creates a digital image of the register page which is made available on our network to all registrars. While waiting for this
procedure to be completed, the registrar may issue abbreviated certificates from the digital image or the electronic record.
Once the record has been digitised and computerised, the registrar may issue abbreviated certificates from either the digital
image or the electronic record. It should be noted that the various events relating to one person are not in principle linked
together: the registers relate the facts as they were at the time of registration.
The Registrar General holds all the registers indicated in the above list. When a court makes an adoption order, the
Registrar General enters the adoption in the register of births and in the adopted children register. The link between the two
is confidential. However, there is a birthlink register that is kept informally by a charity which is not answerable to the
register office. When a court makes a divorce order, a note regarding the divorce is not currently entered in the register of
marriages. The same rule applies to the register of civil partnerships and to the register of dissolutions of civil partnership.
As a general rule, an entry made in a register cannot be amended. However, the Registrar General holds a register of
corrections in which any amendments made to the other registers can be recorded. Some amendments are, however,
possible: an entry may be corrected if it is established that an error of fact was made at the time of registration; a birth entry
may be cancelled and replaced where the parents subsequently marry; a marriage entry may be cancelled where a court
declares the marriage to be void. When an entry is made in the register of corrections, a marginal note beside the original
entry makes reference to this. The same applies when a court makes a parental order, the subject of the entry changes his
or her name or further information about a death becomes available.
Finally, events or decisions relating to Scottish nationals abroad are not in principle entered in the Scottish registers.
However, there are exceptions to this: there is therefore a rule under which the persons concerned may declare the events
to the Consulate on their own initiative and, in certain cases, there are special registers. The foreign certificate is then
included in the file.
The Registrar General and the heads of the local registration services must create an index of all the records which they
hold.
International Commission on Civil Status
-5-
UNITED KINGDOM
Situation as at: March 2011
Consultation of registers
Under the law, everyone has a right of access to the indexes to the registers by paying a fee and can, by paying a further
fee, obtain an extract.
Persons paying for access to the indexes to the registers are generally also authorised, by an administrative decision of the
Registrar General which is not enshrined in statute, to consult the registers. This consultation involves examining the
aforementioned digital images from computer terminals located either at the office of the Registrar General in Edinburgh or
at any other register office in Scotland. Although no direct reference is made to this process in any specific statute, it is
made possible by the extended powers granted to the Registrar General by Article 1 paragraph 3 of the 1965 Act.
Useful address
General Register Office for Scotland
New Register House
GB - EDINBURGH EH 1 3YT, Scotland, United Kingdom
Tel. +44 131 334 0380 Fax +44 131 314 4400
Internet: http://www.gro-scotland.gov.uk
--------------------------------------------
-6-
UNITED KINGDOM
Situation as at: March 2011
NORTHERN IRELAND
General information
Northern Irelands population in 2009 was around 1.788 million inhabitants and some 105 registration staff registered
around 49,000 events.
Civil registers
registers of births
registers of deaths
register of presumed death
registers of marriages
registers of civil partnerships
register of still-births
register of parental orders
adopted children register
gender recognition register
adoption contact register
The Registrar General holds the registers of births, marriages, civil partnerships, still-births and deaths. He or she also
holds the register of adoptions notified to him or her by the Northern Ireland courts. When a court makes an adoption order,
the Registrar General enters the adoption in the register of births and also registers this in the adopted children register.
The link between the two is confidential, but there is a contact register. There is no register of divorces, but divorces are
recorded for statistical purposes. The Registrar General also holds: (a) the gender recognition register where an entry is
made on receipt of a gender recognition certificate; and (b) the registers of presumed death and parental orders where an
entry is made on receipt of the appropriate court order.
Every year the Registrar General must create an index of the records which he or she holds.
International Commission on Civil Status
-7-
UNITED KINGDOM
Situation as at: March 2011
As a general rule, an entry made in a register cannot be amended or updated. However, if it is established that an error was
made at the time of registration, this error may be corrected and a marginal note giving the correct information may be
added to the entry, together with the date when this was added and the signature of the authorising officer. In addition, if a
new entry is made (known as "re-registration", e.g. after legitimation), this re-registration and its reference are also noted at
the bottom of the original entry.
Events or decisions occurring abroad are not entered in the registers.
Items included in the main registers
Birth: childs forenames, surname and sex; date and place of birth; mothers forenames, surname, maiden surname and
usual address; fathers (second female parents) forenames, surname and occupation; signature of informant, date of
registration and signature of registrar.
Death: forenames, surname, sex, occupation, marital status and date of birth of the deceased; date and place of death,
cause of death; usual address, forenames, surname and occupation of spouse/partner; signature of informant, date of
registration and signature of registrar.
Marriage:
for both the bride and groom: forenames, surname, sex, occupation, marital or civil partnership status, age and date of
birth and usual address; fathers name and occupation,
name of the person solemnising the marriage; name of two witnesses; date of registration and signature of registrar,
where applicable.
Civil partnership: the items are similar to those included in the registers of marriages.
Consultation of registers
Under the law, everyone has a right of access to the indexes to the registers by paying a fee and may, by paying a further
fee, obtain a certified copy.
Useful address
General Register Office for Northern Ireland
Oxford House
49-55 Chichester Street
BELFAST BT1 4HL, Northern Ireland, United Kingdom
Tel. +44 1232 252 000 Fax +44 1232 252 044
www.nidirect.gov.uk
--------------------------------------------
-8-
UNITED KINGDOM
Situation as at: March 2011
-9-
UNITED KINGDOM
Situation as at: March 2011
Nota bene:
In the following answers, the information is generally given for Scotland on the one hand and for England on the
other. The information for the latter is always valid for Wales as well and, in principle, unless otherwise indicated,
is also valid for Northern Ireland.
1. GENERAL ORGANISATION
1.1
HISTORICAL DEVELOPMENT
- 10 -
UNITED KINGDOM
Situation as at: March 2011
b)
returned, by the parties, to the registrar who will register the marriage (Marriage (Northern Ireland) Order 2003, art. 7,
9, 10, 14 and 15).
Once signed, the marriage schedule must be returned to the registrar within three days of the ceremony, failing which
the registrar shall take the necessary steps to register the marriage (Marriage (Northern Ireland) Order 2003, art. 16
and 17).
1.2.3 Which of your national authorities are authorised to register events? In which language(s) are these
registered?
England and Wales:
local registrars, who are officials appointed by the Local Councils, register births, still-births, marriages, civil
partnerships and deaths; they also correct entries in registers and make new entries in the event of re-registration;
the Registrar General registers adoptions, parental orders, abandoned children and gender recognition certificates;
certain British registering authorities: see 1.3.2. Registrations of vital events are not the sole preserve of Consular
officers. Events are also registered by UK Armed Forces and UK Aviation and Maritime authorities.
Scotland:
local registrars, who are officials appointed by the Local Councils, register births, still-births, marriages, civil
partnerships and deaths; they also make new entries in the event of re-registration;
the Registrar General registers adoptions, parental orders, divorces, dissolutions of civil partnership and gender
recognition certificates; he or she also corrects entries in registers;
certain British registering authorities: see 1.3.2.
Northern Ireland: the situation is currently very similar to that in England and Wales.
For the whole of the United Kingdom: all register entries must be made in English. In Wales, on request, an entry may be
made in both English and Welsh.
1.2.4 Which authorities hold and keep the registers?
Events registered in the United Kingdom: In England and Wales, registers of births, marriages and deaths are kept both
locally by the registrars and centrally by the Registrar General; both copies are identical. The civil partnership register
consists of a single register kept by the Registrar General but which is accessible at the same time by both local register
offices and the General Register Office. The other registers (still-births, adopted children, parental orders and gender
recognition) are kept solely by the Registrar General. In Scotland, all registers are kept centrally by the Registrar General.
All entries made in the registers, except for those relating to still-births, parental orders, adopted children and gender
recognitions, may be consulted by local registrars at their own register office via a secure computer network. This network
allows registrars at local register offices to issue extracts from all register entries made in Scotland. In Northern Ireland,
GRONI keeps the original registers of births, deaths, marriages and civil partnerships. Registrations on RCM since 1997 are
available to all local registration staff who may produce certified copies. For events prior to 1997 and for entries relating to
still-births, parental orders, adopted children and gender recognitions, certified copies are only available from the General
Register Office.
Events registered abroad: see 1.3.2.
1.2.5 Is there a central or regional service for non-consular records?
As the registers are kept both locally and by the Registrars General in Southport, Edinburgh and Belfast, any user can
request a copy from the latter or from their local register office. In addition, some registers are kept solely by the Registrars
General.
1.2.6 Do any local districts have several registration services or offices? If so, is the information held centrally?
The Local Councils very often cover several registration districts and the information is frequently held centrally.
1.2.7 What are the different categories of registered events and registers used in your country? Is direct
consultation of registers possible and, if so, under what conditions?
Scotland:
registered events: births, still-births, marriages, civil partnerships, deaths, adoptions, divorces, dissolutions of civil
partnership; corrections of existing entries; parental orders, and gender recognitions.
registers:
held by the central office and accessible by registrars at the local register offices via a secure network:
registers of births, registers of marriages, registers of civil partnerships, registers of deaths, register of divorces,
register of dissolutions of civil partnership, and register of corrections.
- 11 -
UNITED KINGDOM
Situation as at: March 2011
held by the central office but not accessible by registrars at the local register offices: registers of still-births,
adopted children register, register of parental orders relating to births involving human assisted reproduction and
surrogate mothers, and gender recognition register.
England and Wales:
-
registered events: births, still-births, marriages, civil partnerships, deaths, adoptions, divorces and corrections of
existing entries;
registers:
held in duplicate: registers of births, registers of marriages (since 1/1/2011 civil marriages may be registered in
an electronic format), registers of deaths and civil partnership registers (produced in electronic format and
accessible by both local register offices and the central office),
held in one copy: register of still-births, adopted children register, register of parental orders relating to births
involving human assisted reproduction and surrogate mothers, gender recognition register and an abandoned
children register.
Northern Ireland:
registered events: births, still-births, marriages, civil partnerships, deaths and adoptions.
registers:
centrally held registers of births and deaths;
centrally held registers of marriages;
centrally held civil partnership register;
centrally held registers of still-births and adopted children;
register of parental orders;
gender recognition register;
register of presumed deaths.
In the three jurisdictions, a request may be made to consult the indexes to these registers, except for the index of still-births.
Where applicable (i.e. in uncompleted registers), further information on a particular entry can be read from the register to
the applicant. The applicant can obtain a copy of entries for which a fee will be charged. It is not possible to consult the
index to the gender recognition register.
Until these have been filled, anyone may ask to consult the registers. For civil partnerships only indexes can be searched.
Subsequently, everyone has the right to consult the indexes to all registers, except for the index to the register of still-births.
Copies may be issued to any applicant on request. Likewise, in Scotland, the Registrar General allows the digital images of
these records to be consulted.
1.2.8 a) Are registers created or reproduced by computer? b) Can information reproduced by computer be
consulted by third persons?
England and Wales: a) and b): For births and deaths, the details are input onto a computer software system known as RON.
A register page is printed from RON and signed by the informant. An electronic copy of the information is sent to the
Registrar General. An index of all the information is produced at the end of the year. Only the index can be consulted. Since
1/1/2011 civil marriages may be registered directly on RON but the legal record remains the register entry. Religious
marriages can be recorded on RON with the submission of the quarterly returns sent every April, July, October and
January.
Scotland: a) and b): In the vast majority of cases (>98%), births, marriages, civil partnerships and deaths are registered on
computer. Indexes are automatically created and updated by the software. Register entries are printed out from the
computer record and are signed by the registrar and the informants or persons appearing. After signature, the electronic
record is sent to a central database. The remaining events, i.e. <2%, which are registered by hand are entered in the GROS
database within 10 days of registration. As a result, all events are accessible via the database. This database may be
consulted at any register office, by any individual. As indicated above, local registrars can access the details on registered
events by consulting the database, but they can also access the digital images of the register pages. This all occurs via a
secure intranet.
Northern Ireland: The current situation is very similar to that in Scotland.
1.3
CONSULAR REGISTRATION
1.3.1 Do your laws prohibit foreign diplomatic agents or consular officers from exercising, in your territory, the
functions of a registrar with regard to their nationals?
All births, all marriages, all civil partnerships and all deaths must be registered by the local registrar. However, foreign
diplomatic agents and consular officers are not prohibited from registering these events also.
- 12 -
UNITED KINGDOM
Situation as at: March 2011
1.3.2 Do your laws give your diplomatic agents or consular officers the right to exercise abroad the functions of a
registrar with regard to your nationals?
Yes. British diplomatic agents or consular officers may exercise the functions of a registrar within the limits compatible with
local law. They keep registers in which, on request, they will enter births and deaths where these events are documented by
certificates issued by the local authorities. They are also empowered to solemnise and register marriages in certain
countries (Iran, Israel, Jordan, Kuwait, Lebanon, Nepal, Oman, Qatar, Saudi Arabia, United Arab Emirates, Yemen).
Consular registers are kept in situ, with a copy being sent every year to the General Register Office in Southport. The latter
then forwards the entries relating to Scottish or Northern Irish nationals to the respective Registrars General.
In addition, except in Commonwealth countries, British nationals may present to the consulate a foreign marriage certificate
accompanied by its translation. The consul then transmits the documents, via the Foreign Ministry, to the competent
Registrars General who then issue certified copies of these entries.
In certain specific cases, consuls may be authorised to register a civil partnership where at least one of the parties is British
[United Kingdom national] (Civil Partnership Act 2004, s. 210).
1.3.3 Is there a central service for consular records?
No, but the competent Registrars General hold the records drawn up, where applicable, by the consulate (see 1.3.2.).
1.4
REGISTRATION OF EVENTS
For marriages:
in England and Wales, and in Northern Ireland: the husband and wife, two witnesses, the person officiating at the
marriage (a superintendent registrar for civil marriages, usually a Minister for religious marriages ) and, where
applicable, the registrar registering the event. In England and Wales, a civil marriage entry must be signed by the
couple, two witnesses, the superintendent registrar and the registrar. A non-conformist marriage entry must be
signed by the couple, the witnesses, the person officiating at the ceremony and the authorised person (unless this
is the same as the person officiating at the marriage) or a registrar. The entry for a marriage solemnised according
to the rites of the Church of England or the Church in Wales must be signed by the couple, two witnesses and the
member of the clergy who conducted the marriage ceremony.
in Scotland: the registrar, the husband and wife and two witnesses and, for religious marriages, the celebrant.
For civil partnerships: the two partners, two witnesses and the registrar.
2.1.2 What does the registrar do if a person cannot sign or does not know how to sign?
In the case of births and deaths, the person is asked to sign by making a mark. This circumstance is noted in the entry and
attested, where applicable, by the registrar or two witnesses. For marriages, where a person signs the register by way of a
mark or signs in characters of a foreign language, the registrar writes against the mark or signature the words The mark (or
signature) of ..................... and insert the forenames and surname of that person.
2.1.3 What is the means of appeal against the refusal to register an event?
A refusal by a local registrar is reported to the Registrar General. If it seems to the latter that the refusal is unjustified, he or
she will order the registration. If he or she confirms the refusal, an appeal may be brought before the courts. The same
procedure applies in all cases of refusal.
2.1.4
2.2
2.2.1
In England and Wales, straightforward errors may be corrected by the registrar himself or herself. For births, still-births
and deaths, in the case of errors which are not solely minor errors, entries may be corrected by the registrar in the
presence of the informant and the superintendent registrar. In the case of more major errors (e.g. those relating to the
- 13 -
UNITED KINGDOM
Situation as at: March 2011
name) and for any error in an entry of marriage, the correction must be authorised by the Registrar General. If he or she
refuses, legal proceedings may be brought.
In Scotland: in the case of straightforward errors of fact, the registrar may correct the register until this is inspected by
one of the examiners. Once inspection of the registers has begun, the Registrar General may authorise an examiner to
make the correction. For more major errors, the Registrar General may have a correction entered in the register of
corrections. This correction will also be noted in a box provided specifically for this purpose on the page where the
original entry is recorded. If he or she refuses, legal proceedings may be brought.
In Northern Ireland a registrar may correct an error on the day of registration. All other corrections require the authority
of the Registrar General. [- does this refer to an error concerning the day of registration? Or is that the only time he can
correct an error?]
2.2.2 Cancellation of entries: a) In what instances may an entry be cancelled and by which authority? b) What are
the effects of cancellation? c) Can a copy or extract of the cancelled entry be issued?
a)
b)
c)
An entry may be cancelled if it was made on a declaration by a person who did not have the requisite capacity or in the
event of duplicate registration or if the event is declared to be incorrect (entry of death for a person who is still alive or
entry of birth for a child who has not been born). In these different cases, cancellation is decided by the Registrar
General. An entry will also be cancelled if the legal act which gave rise to this entry is cancelled by a court decision
(e.g. marriage annulled due to bigamy). The same applies if a previous court decision is declared invalid. There is a
particular difference for England and Wales: a marriage entry may be blocked, not cancelled. The marriage still took
place and the registration is not evidence that the marriage is valid. Therefore the entry is blocked so that requests for
certificates are referred to the Registrar General but certificates can still be issued from the entry.
The cancelled entry is deemed to no longer exist and so cannot produce any effect. The cancellation is noted in the
register. In addition, the entry is rendered unusable.
In principle no, but the Registrar General could, where applicable, authorise the issue of this.
2.2.3
Yes. If a register is lost, destroyed or mutilated or becomes illegible, the registrar must report this to the Registrar General.
The register which has been mutilated or become illegible must be sent to the latter. The Registrar General then takes the
necessary steps to replace the register and authenticates this with his or her signature (Registration of Births, Deaths and
Marriages (Scotland) Act 1965, s. 36). A similar system applies in England, Wales and Northern Ireland.
2.2.4
Do your laws provide for omitted entries or entries which cannot be produced to be added?
Omitted entries:
In England and Wales: where a birth has not been declared within the statutory period, the registrar has an
additional period to register the birth under the prescribed conditions (up to three months, he or she may act alone;
between three and twelve months, in conjunction with the superintendent registrar and using a special form known
as a declaration). After this period, the birth can be registered only on the authority of the Registrar General, with
appropriate evidence being furnished. As regards deaths, the registrar may himself or herself register these during
a period of twelve months. After this period, he or she can only do this with the authorisation of the Registrar
General. Where a marriage register has been stolen and there is no duplicate record held at the GRO, the
Registrar General may authorise a late registration of this marriage.
In Scotland: where a birth or death has not been declared within the statutory period, the registrar has an additional
period of three months from the date of the event to register this under the prescribed conditions. After this period,
he or she refers this to the Registrar General and the latter, after having conducted an inquiry, may have the entry
made on his or her declaration (Registration of Births, Deaths and Marriages (Scotland) Act 1965, ss. 17 and 26).
In Northern Ireland where a birth or death has not been declared within the statutory period, the registrar has an
additional period of up to one year to register the event. After one year the authority of the Registrar General is
required to register a late event.
Where an entry cannot be produced, it is sufficient to obtain the relevant particulars from the person concerned after having
drawn his or her attention to the penalties which he or she may incur if a false declaration is made.
2.2.5 What is the means of appeal against the refusal to correct, cancel or replace an entry or add one in its
absence?
Same solution as in the case of a refusal to make an entry: see 2.1.3.
2.2.6
- 14 -
UNITED KINGDOM
Situation as at: March 2011
2.3
2.3.1 Which events registered in the national territory are transcribed or noted elsewhere? Where are they
transcribed or noted? What is the legal value of this transcription or notation?
There is no transcription in the strict sense. However,
in England and Wales, and in Northern Ireland, even though the declaration may be made elsewhere, the event is
always registered at the place of its occurrence (Births and Deaths Registration Act 1953, ss. 1 and 9 and Birth and
Death Registration (Northern Ireland) Order 1976).
in Scotland: births and deaths may be registered at any register office in Scotland (Registration of Births, Deaths and
Marriages (Scotland) Act 1965, ss. 14 and 23).
2.3.2 Which decisions of the national authorities are transcribed or noted elsewhere? Where are they transcribed
or noted? What is the legal value of this transcription or notation?
-
In England and Wales, only adoption decisions are transcribed, with a new entry of birth being made in the adopted
children register held in Southport. The same procedure applies to court decisions on parental orders where the entry of
birth was originally made in the surrogate mothers name.
Adoption decisions made in Northern Ireland are transcribed in the central adopted children register held in Belfast.
In Scotland, adoption, divorce, marriage annulment and civil partnership dissolution and annulment decisions are
transcribed in the central registers of adopted children, divorces and dissolutions of civil partnership, as appropriate,
held in Edinburgh.
In all three jurisdictions, gender recognition certificates are transcribed in a central gender recognition register and a new
entry of birth is made (Gender Recognition Act 2004).
2.3.3 Are events registered abroad transcribed or noted elsewhere? Where are they transcribed or noted and
under what conditions? What is the legal value of this transcription or notation?
Events or decisions concerning British nationals abroad are not in principle registered in the United Kingdom. However,
there are exceptions. As a result, there are rules which apply:
in England and Wales, whereby the persons concerned may declare events to the Consulate. See 1.3.2. or the relevant
registering authority. Events may be registered by British Armed Forces, Air or Maritime authorities.
in Scotland, whereby the persons concerned may declare events to the Consulate on their own initiative and, in certain
cases, there are special registers. The foreign certificate is then included in the file of the person concerned.
2.3.4 Are any foreign decisions transcribed or noted elsewhere? Where are they transcribed or noted and under
what conditions? What is the legal value of this transcription or notation?
Only adoption decisions recognised in accordance with the Hague Convention of 15 November 1965 are transcribed in the
central adopted children registers.
2.3.5
What is the means of appeal against the refusal to transcribe or note an event or decision?
See 2.1.3.
2.3.6
2.4
SUBSEQUENT INFORMATION
2.4.1 What are the categories of subsequent notes or annotations used in your country? What is their evidential
value?
-
England and Wales, and Northern Ireland: As a general rule, subsequent notes or annotations cannot be added to
entries. However, if it is clearly established that an error was made at the time of registration, this may be corrected and
a marginal note giving the correct information will be added to the entry, accompanied by the date on which this
correction was made and the signature of the registrar making the correction. In the event of re-registration, this fact
and the corresponding reference are indicated in a note at the bottom of the original entry. Cancellation decisions are
also noted on the entry. Both have the same evidential value as the original entry. Where an autopsy is carried out
following the registration of a death, a note will then be added to the entry made in the register, indicating the autopsys
conclusions.
Scotland: As a general rule, subsequent notes or annotations cannot be added to entries. However, the Registrar
General keeps a register of corrections in which he or she records any changes made to the other registers if it is
established that an error of fact was made at the time of registration. The entry of a birth may be cancelled and
replaced if the parents subsequently marry and the entry of a marriage or civil partnership may be cancelled where a
International Commission on Civil Status
- 15 -
UNITED KINGDOM
Situation as at: March 2011
court annuls the marriage or civil partnership. When information appearing in the entry is amended, only the
corresponding reference to the register of corrections is noted on the entry. Cancellation decisions are also noted on
the entry. The same procedure applies when a court makes a parental order, when the subject of the entry changes his
or her name or when new information relating to a death comes to light.
2.4.2
Which events or decisions give rise to subsequent notes or annotations? Where are they recorded?
See 2.4.1.
2.4.3
What is the means of appeal against the refusal to record subsequent information?
A refusal in this case may be submitted to the Registrar General for an opinion. See 2.1.3.
2.4.4
Yes.
Scotland is the only region which, since January 2003, has allowed individuals to directly access the information held in
the central database. A document can be ordered directly from this database but will be issued by the registrar or by the
Registrar General and will then be sent by post so that it has evidential value.
2.5.3 What are the physical signs guaranteeing the authenticity of these documents: a) if issued by the
competent authority from the registers? b) if issued by the competent authority by computer? c) if obtained directly
by interested persons?
a)
and b) Copies and extracts are issued on numbered security paper which is signed and stamped by the issuing
authority.
International Commission on Civil Status
- 16 -
UNITED KINGDOM
Situation as at: March 2011
c) Not applicable.
2.5.4 What is the evidential value and period of validity of these documents: a) if issued by the competent
authority from the registers? b) if issued by the competent authority by computer? c) if obtained directly by
interested persons?
a)
and b) Certified copies and short certificates have the same evidential value as the entry itself. Their period of validity is
unlimited.
c) Not applicable.
2.5.5
What is the means of appeal against the refusal to issue a copy or extract?
See 2.1.3.
2.5.6 What evidential value are copies and extracts of foreign entries recognised as having? Must they be
translated into your language in order to be used in your country?
In practice, they are valid until proven otherwise. If the registrar does not know the foreign language, he or she will request a
translation, if possible by a sworn or approved translator.
2.5.7 Which conventions or agreements signed by your country apply: a) to the transmission of these documents?
b) to the abolition of legalisation formalities? c) to the issue of documents free of charge?
a)
2.6
2.6.1 Is a family record book issued in your country? Which authorities are empowered to issue this? To whom is
it given?
No.
2.6.2
What information does this contain and what is its evidential value?
Not applicable.
2.6.3
What evidential value is the information in a foreign family record book recognised as having?
Not applicable.
2.6.4
Is an entry made by a foreign authority in your national family record book valid in your country?
Not applicable.
2.6.5
Are your national authorities authorised to make entries in foreign family record books?
Not applicable.
2.6.6
- 17 -