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Registration of Births and Deaths Act


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CAP. 157, REGISTRATION OF BIRTHS AND DEATHS ACT BELIZE

REGISTRATION OF BIRTHS AND DEATHS ACT CHAPTER 157

REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

REGISTRATION OF BIRTHS AND DEATHS ACT 8 Amendments in force as at 31st December, 2000.

BELIZE

REGISTRATION OF BIRTHS AND DEATHS ACT CHAPTER 157

REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

REGISTRATION OF BIRTHS AND DEATHS ACT 8 Amendments in force as at 31st December, 2000.

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer,



3

CHAPTER 157

REGISTRATION OF BIRTHS AND DEATHS

ARRANGEMENT OF SECTIONS

Preliminary

1. Short title.

2. Interpretation.

Registration Officers

3. District registrars of births and deaths.

4. District registries.

5. Deputy registrars.

6. Deputy registrars in remote localities.

Mode of Registration

7. Books to be provided.

8. Registrars to register all births and deaths.

9. Entries in register, how made.

Registration of Births

10. Child born in district.

11. Child born on board vessel upon territorial waters not in a district.

12. Where birth not registered, registrar may summon persons responsible.

13. Child of unmarried mother.

14. Father’s particulars.

15. Re-registration of birth on subsequent marriage.

16. Foundlings.

17. Certificate of registration.

18. Registration of birth after twelve months, how effected.

19. Alteration of name after registration, how registered.

20. Certificate of alteration of name.

Registration of Deaths

21. Death in a house in a district.

22. Death in a district not in a house or where dead body found.

23. Death on board ship on the territorial waters not in a district.

24. Death on the territorial waters not in a district nor on board ship.

25. Where death not registered, registrar may summon persons responsible.

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26. Registration of death after twelve months, how effected.

27. Medical practitioner, if any in attendance, to certify the cause of death.

28. Coroner to furnish certificate of cause of death.

29. Certificate of cause of death to be obtained before burial.

Registration of Still-born Children

30 Registration of still-births.

31. Burial of deceased and still-born children.

32. Production of certificates by persons presenting body of still-born child for burial.

33. Person burying still-born child shall inform registrar.

General Provisions

34. Custody of registers.

35. Registers not to be removed.

36. Filled or disused registers to be forwarded to Registrar General.

37. Monthly returns of births and deaths to be furnished.

38. Clerical errors, how rectified.

39. Erroneous entries, how rectified.

40. Corrections to be reported to Registrar General.

41. Re-registration on loss, etc., of register.

42. Searches and certificates.

43. Certified extracts.

44. Short form of birth certificate.

45. Rules and tables of fees.

46. Registers of baptisms and burials.

47. Names may be added.

48. Prohibition of removal of body out of Belize without notice.

General Offences and Penalties

49. Penalty for removing a register from registry.

50. Penalty for neglecting to give information of a birth or death.

51. Penalties for giving false information or making false certificates.

52. Penalty for defacing or destroying a register.

53. Penalty for sending or publishing false statements.

54. Penalties, how recoverable.

55. Penalties to be paid into Consolidated Revenue Fund.

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FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE

SEVENTH SCHEDULE

EIGHTH SCHEDULE

NINTH SCHEDULE

TENTH SCHEDULE

ELEVENTH SCHEDULE

CHAPTER 157

REGISTRATION OF BIRTHS AND DEATHS

[1st January, 1894]

Preliminary

1. This Act may be cited as the Registration of Births and Deaths Act.

2. In this Act, unless the context otherwise requires-

“Deputy Registrar General” means the person appointed to perform the duties of the Registrar General during his absence from office;

“district” means a judicial district specified in the Inferior Courts (Judicial Districts) Order;

“house” means any building or part of a building, where such part is occupied separately from the rest, and includes a prison, lock-up, hospital or public or charitable institution;

“informant” means the person giving to the Registrar information of the particulars required to be registered under this Act;

“legitimate child” means a child born in wedlock;

“occupier” includes the chief resident officer of a prison, hospital or public or charitable institution and the person in charge of any lock-up;

Ch. 219, R.L., 1958. CAP. 122, R.E. 1980-1990. 40 of 1963. 14 of 1971. 35 of 1973. 32 of 1980. 14 of 1982. 22 of 1987 42 of 1999. 7 of 2000.

Short title.

Interpretation.

Sub. Leg. 1991 Edn. Vol II CAP. 77. P. 10. 7 of 2000.

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“parent” means, in the case of a legitimate child, the father or, if the father is dead or absent, then the mother and, in the case of an illegitimate child, the mother;

“particulars required to be registered” means, with reference to a birth, the particulars to be entered in the Register of Births contained in the First Schedule and, with reference to a death, the particulars to be entered in the Register of Deaths contained in the Second Schedule;

“prescribed” means prescribed by the Minister;

“prescribed fee” means the proper fee prescribed in the tables to be made under section 45;

“register” means every register of births or deaths, as the case may be, kept or to be kept under or by virtue of this Act;

“registrar” means any of the registrars appointed by or under this Act, and includes deputy registrars;

“registry” means the office of a registrar;

“relative” includes connection by marriage;

“ship” includes every description of vessel used in navigation;

“stillborn” and “still-birth” 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;

“the register”, when used in connection with any birth, death or other event to be registered under this Act, means the register kept at the registry of the district, in which such birth, death or other event took or takes place;

First Schedule.

40 of 1963.

Second Schedule.

“the Registrar”, when used in connection with any birth, death or other event, means the Registrar of the district in which such birth, death or other event took or takes place;

“the registry”, when used in connection with any birth, death or other event, means the registry of the district, in which such birth, death or other event took place or takes place.

Registration Officers

3.-(1) The Registrar General shall be ex officio Registrar of Births and Deaths for the Belize Judicial District and each magistrate for each judicial district shall be an ex officio registrar of births and deaths for his respective judicial district.

(2) The functions of the registrars shall include, notwithstanding anything to the contrary contained in any other law but subject to the other provisions of this Act, the issuing of birth and death certificates in respect of births and deaths occurring in their respective districts, in accordance with this Act and any rules made thereunder.

4. The General Registry in Belize City and each office of the magistrate in any judicial district (other than the Belize Judicial District) specified in the Inferior Courts (Judicial Districts) Order, shall be a registry within the meaning of this Act.

5. The Deputy Registrar General and such other officers working within the General Registry not below the rank of first class clerk as are authorised by the Registrar General in writing shall be ex officio Deputy Registrars of Births and Deaths for the Belize Judicial District and every clerk of court at each magistrates court in any judicial district (other than the Belize Judicial District) shall be a deputy registrar of births and deaths in his respective judicial district.

District registrars of births and deaths. 7 of 2000.

Deputy registrars. 7 of 2000.

District registries. 7 of 2000. Sub. Leg. 1991 Edn. Vol. II CAP. 77. P. 10.

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6.-(1) Subject to the approval of the Minister, the respective district regis- trars may appoint deputy registrars of births and deaths for places in Belize so remote from the respective district registries as to render it impracticable or difficult for parties to attend before them to register births and deaths occurring in such places.

(2) Such deputy registrars shall, as far as practicable, transmit transcripts of their register, to their respective district registrars in time to enable them to complete their monthly returns hereinafter mentioned.

Mode of Registration

7. Every registrar shall be provided with books for the registration of births and deaths respectively, and such books shall respectively contain the particulars specified, and be in the respective forms exhibited, in the First and Second Schedules, subject to such modifications as the Registrar General shall sanction.

8.-(1) Every registrar shall carefully inform himself of all births and deaths occurring in his district and, subject to this Act, shall register so soon after the event as may conveniently be done, without fee or reward, except as is by this Act provided, such of the particulars required to be registered as come to his notice concerning every such birth or death.

(2) The registrars shall also insert in the registers such other entries as this Act requires, or the Registrar General may direct to be made.

9. The entries in every register book shall be made in order and shall be numbered progressively from the beginning to the end of the year, the entries for each year beginning with the number 1, and every entry shall be separated from the preceding one by a line.

Registration of Births

10. Whenever a child is born alive in any district-

Books to be provided. First Schedule. Second Schedule.

Registrars to register all births and deaths.

Entries in register, how made.

Child born in district.

Deputy registrars in remote localities. 40 of 1963.

(a) the parent of the child; or

(b) in default of the parent, the person having charge of the child; or

(c) in default of such last-mentioned person, every person present at the birth; or

(d) in default of such last-mentioned person, if the birth took place in a house to the knowledge of the occupier thereof, then such occupier,

shall, within forty-two days next after the birth, or as soon thereafter as can reasonably be done, give personally, or transmit, to the best of his knowledge and belief, information of the particulars required to be registered concerning the birth to the registrar:

Provided that the father shall have no responsibility under this section if he is not married to the mother at the time of the child’s birth and was not married to her at the time of the child’s conception.

11. Whenever a child is born on board any vessel upon the territorial waters of Belize and not in any district, the parent and, in default of the parent, the person having charge of the child shall, within forty-two days next after the birth, report, to the best of his knowledge and belief, the particulars required to be registered concerning the birth to the nearest registrar, who shall cause a correct entry of the same to be made in the register.

12.-(1) Where a birth has not been registered within such forty-two days as aforesaid, the registrar may by notice in writing summon any of the persons required by either section 10 or 11 to give information concerning the birth to attend personally at the registry, within such time, being not less than seven days after receipt of such summons and not more than twelve months after the

32 of 1980.

Child born on board vessel upon territorial waters not in a district.

Where birth not registered, registrar may summons persons responsible.

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date of the birth, as may be specified in such summons, and to give him infor- mation to the best of his knowledge and belief of the particulars required to be registered concerning the birth, and every person so summoned shall comply with such summons, unless the birth has been registered before the time therein specified.

(2) Any such summons may be in the form given in the Third Schedule, and shall be served by a police officer.

13.-(1) Subject to subsections (2) and (3), where the parents of a child are not married to each other at the time of the child’s birth and were not married to each other at, or since the time of, its conception, the Registrar shall not enter in the register the name of or any particulars relating to any person as the father of the child except where-

(a) the mother and the person acknowledging himself to be the father jointly request at the time of registration that such an entry be made and both the mother and that person together sign the register, so however, that if the mother is dead or cannot be found it shall be sufficient if the request is made by the father alone and the signature of any other person required to give information as to the birth may be accepted in place of the mother’s signature; or

(b) the Registrar is furnished with a declaration in the prescribed form signed by the mother of the child and by the person acknowledging himself to be the father of the child if executed by each of those persons in the presence of a justice of the peace or a clerk of the court or a marriage officer appointed under the Marriage Act; or

(c) the mother or the person acknowledging himself to be the father attends personally before the Registrar and requests the Registrar in writing to enter the name of the person alleged or

Child of unmarried mother. 32 of 1980.

CAP. 174.

Third Schedule.

acknowledging himself to be the father and presents a declara- tion from the other of the two parents signed in accordance with paragraph (b) and the request and the declaration are both to the same effect.

(2) If at any time after the registration of the birth of a child whose father’s name or any other particulars relating to him are not, in accordance with the provisions of subsection (1) entered in the register, the Registrar General or the registrar of the district is satisfied by statutory declaration or such other evidence as he may think sufficient that both the mother and the person acknowledging himself to be the father require the name of or any other particulars relating to the father to be entered in the register, the Registrar General or the registrar of the district may authorise the entry in the register of the particulars required to be entered as aforesaid:

Provided that in any such case it shall not be necessary for the person acknowledging himself to be the father to sign the register:

Provided also that if the mother is dead or cannot be found it shall be sufficient if the request is made by the father alone.

(3) If at any time after the registration of the birth of a child whose father’s name is not registered the Registrar General or the registrar of the district is satisfied that a declaration of paternity in respect of the child has been made by the Supreme Court or that the father has assumed guardianship of the child under section 15 or 16 of the Families and Children Act, the Registrar General or the registrar of the district shall authorise the entry in the register of the name of the father and such other particulars relating to the father as are supplied to him.

14. Where the birth of any child whose parents were not married to each other at the time of the child’s birth is registered pursuant to section 10, the name of or any other particulars relating to the father shall not be entered in the register unless the Registrar General or the registrar of the district is satisfied

CAP. 173.

Father’s particulars. 32 of 1980.

7 of 2000.

7 of 2000.

7 of 2000.

7 of 2000.

7 of 2000.

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that-

(a) the parents of the child were married to each other either at the time of his conception or after his conception and before his birth; or

(b) a declaration of paternity in respect of the child has been made by the Supreme Court or the father has assumed guardianship under section 15 or 16 of the Families and Children Act, or both the mother and the person acknowledging himself to be the father of the child consent to the entry:

Provided that, in the last mentioned case, if the mother is dead or cannot be found, the consent of the father alone shall be sufficient.

15.-(1) Where the parents of any person were not married to each other at the time of his birth, and were not married to each other either at the time of his conception and before his birth, but subsequently marry each other, those parents or, if one of them is dead, the survivor, shall apply within three months after the date of the marriage to the Registrar General or the registrar of the district for the registration of particulars of the birth of that person in accordance with this section.

(2) Where the Registrar General or the registrar of the district has reason to believe that an application has been made under subsection (1) and no such application has been made by the parents or the surviving parent within the time specified in subsection (1) the Registrar General or the registrar of the district may by notice in writing require the parents or the surviving parent, as the case may be, to make an application for registration within such time, not being less than seven days after the receipt of the notice as may be specified in the notice. Any person failing to comply with the notice within the time specified therein commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars. No prosecution for an offence against this subsection shall be commenced without the leave of the Registrar General or the registrar

Re-registration of birth on subsequent marriage. 32 of 1980. 7 of 2000.

CAP. 173.

7 of 2000.

7 of 2000.

7 of 2000. 7 of 2000.

of the district..

(3) If no application for registration is made within the time mentioned in subsection (1) or (where a notice is given under subsection (2)) within the time specified in the notice, application for the registration under this section of the particulars of the birth of any person may be made by that person or by one of his parents or by any other person.

(4) If the Registrar General or the registrar of the district is satisfied by such evidence as he may require that the parents of the person who is the subject of the application have married each other subsequent to the birth of that person, he may direct that particulars of the birth of that person be registered under this Act in such manner as may be prescribed.

(5) If the Registrar General is not so satisfied he shall refer the matter to a magistrate, who, after giving the applicant an opportunity to be heard and hearing or receiving such evidence as he thinks fit, shall either-

(a) dismiss the application; or

(b) make a finding that the parents of the person who is the subject of the application have married each other subsequent to the birth of that person.

(6) For the purpose of this section, the decision of the magistrate shall be final, but shall not prejudice the application or any other person in any subsequent proceedings of any nature.

(7) If the magistrate makes a finding in accordance with paragraph (b) of subsection (5), he shall so advise the Registrar General, who shall thereupon direct that particulars of the birth of the person be registered under this Act in such manner as may be prescribed.

7 of 2000.

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(8) Whenever a copy of the entry as to the birth of any person, particulars of whose birth have been registered pursuant to this section, is required for any purpose, the registrar or the Registrar General, as the case may be, shall supply a copy of the entry made pursuant to this section instead of a copy of the original entry (if any), unless the applicant for the copy certifies, and the registrar or Registrar General is satisfied, that the copy of the original entry is material for the purpose for which it is required:

Provided that the Registrar General shall not register the birth of any such person in any case where information with a view to obtaining such re-registration is not furnished to him by both parents unless-

(a) the name of a person acknowledging himself to be the father of the legitimated person has been entered in the register in pursuance of section 13; or

(b) the paternity of the legitimated person has been established by declaration of paternity under section 40 of the Families and Children Act or otherwise by a decree of a court of competent jurisdiction; or

(c) a declaration of legitimacy of the legitimated person has been made under the Supreme Court of Judicature Act.

16. Whenever any living new born child is found exposed in any district, any person finding such child, or any person in whose charge such child may be placed or be, shall forthwith give to the registrar and to the officer in charge of the nearest police station such information as he possesses concerning the child.

17.-(1) The Certificate of Registration of Birth set out in the Fourth Schedule to this Act shall be issued in duplicate, without fee or reward, except as is provided in this Act or any Rules made thereunder, and-

CAP. 91.

Foundlings.

CAP. 173.

Certificate of registration. Fourth Schedule. 7 of 2000.

(a) the original thereof shall be given to the informant of the birth;

(b) the duplicate thereof shall be forwarded forthwith by each deputy registrar referred to in section 6 or in the Village Councils Act for the information contained therein to be entered in the appropriate register by the clerk of the magistrates court in the district where the birth occurs.

(2) Immediately upon entering the information referred to in subsection (1) (b) in the appropriate register, the clerk of court shall forthwith submit the register to the registrar of the relevant district who shall issue a birth certificate under his hand in the form set out in the Eleventh Schedule to this Act.

(3) After the issue of a birth certificate under subsection (2), the clerk of court shall forthwith submit such certificate to the relevant deputy registrar referred to in section 6 or in the Village Councils Act, and such deputy registrar shall be responsible for delivering the certificate to the person who reported the occurrence of the birth.

(4) The Minister may make rules providing for the subsistence and other travelling allowances to be paid to any deputy registrar referred to in section 6 or in the Village Councils Act to enable such deputy registrar to submit the Certificates of Registration of Births issued by them to the relevant clerk of the magistrate’s court in his district in a prompt and timely manner.

18. After the expiration of twelve months from the birth of any child, such birth shall not be registered, except under the written authority of the Registrar General or the registrar of the district and upon payment of the prescribed fee, and the fact of such authority having been given shall be entered in the register.

19. Where the birth of any child has been registered and the name, if any, by which it was registered is altered, or, if it was registered without any name, then when a name is given to it, the parent or guardian of such child or other person procuring such name to be altered or given may, within twelve months

Registration of birth after twelve months, how effected. 7 of 2000.

Eleventh Schedule.

CAP. 88.

CAP. 88.

Alteration of name after registration, how registered.

CAP. 88.

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next after the registration of the birth, deliver to the registrar a certificate in the form given in the Fifth Schedule, or as near thereto as circumstances will admit, and the registrar upon receipt of such certificate and upon payment of the prescribed fee, shall, without any erasure of the original entry, forthwith enter in the register the name mentioned in the certificate as having been given to such child.

20. Every certificate as is mentioned in section 19 shall be signed by the parent or guardian of the child or other person procuring the name to be given or altered.

Registration of Deaths

21. On the death of any person in a house in any district-

(a) the relatives of the deceased person present at the death or in attendance during the last illness of the deceased; or

(b) in default of such relatives, every person present at the death; or

(c) in default of such last-mentioned person, the occupier of the house in which the death occurred, if he has knowledge of the fact; or

(d) in default of such occupier, the person causing the body of the deceased to be buried,

shall, within the four days next following the death, or as soon thereafter as can reasonably be done, give or transmit to the registrar to the best of their knowledge and belief information of the particulars required to be registered concerning the death.

Fifth Schedule.

Certificate of alteration of name.

Death in a house in a district.

22. Where in any district a person dies in a place which is not a house or a dead body is found, whether in a house or elsewhere-

(a) every relative of the deceased having knowledge of any of the particulars required to be registered concerning the death; or

(b) in default of such relatives, every person present at the death; or

(c) in default of such last-mentioned person, every person finding or taking charge of the body,

shall forthwith give such information of the particulars required to be registered concerning the death as he possesses to the registrar.

23. Where a death occurs in or upon any ship on the territorial waters of Belize and not in any district, the master of the ship, or other officer or person in charge thereof, shall without delay report to the nearest registrar such of the particulars required to be registered concerning the death as come to his knowledge, and the registrar shall cause a correct entry of the same to be made in the register.

24. Where a death occurs in or upon the territorial waters of Belize not in or upon a ship, and not in any district, every person present at the death and, in default of such persons, the person finding or taking charge of the body, shall, without delay, report to the nearest registrar such of the particulars required to be registered concerning the death as come to his knowledge, and the registrar shall cause a correct entry of the same to be made in the register.

25.-(1) Where any death has not been duly registered through the default of the persons required by this Act to give information concerning the same, the registrar may, subject to this Act, at any time within twelve months from the

Death in a district not in a house or where dead body found.

Death on board ship on the territorial waters not in a district.

Death on the territorial waters not in a district nor on board ship.

Where death not registered, registrar may summon persons responsible.

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day of the death, or from the finding of the body, by summons in writing direct any person required by this Act to give information concerning the death to attend personally before him within such time, being not less than seven days after receipt of the summons, as shall be specified in the summons, and to give, to the best of his knowledge and belief, the information aforesaid.

(2) Subject to this Act, every person summoned by the registrar to give information concerning any death shall comply with the summons, unless the death has been registered before the time specified therein.

(3) Any such summons may be in the form given in the Third Schedule, and shall be served by a police officer.

26. After the expiration of twelve months next after any death, or next after the finding of any dead body, the death shall not be registered, except under the written authority of the Registrar General or the registrar of the district, and the fact of such authority having been given shall be entered in the register.

27.-(1) Where a person who has been attended during his last illness by a medical practitioner dies, the medical practitioner shall sign and deliver to some person required by this Act to give information concerning the death, a certificate in the form given in the Sixth Schedule, or as near thereto as circumstances shall admit, stating to the best of his knowledge and belief the cause of death.

(2) The person to whom such certificate is delivered shall, upon giving information concerning the death, deliver such certificate to the registrar, and the cause of death as stated in the certificate shall be entered in the register, together with the name of the certifying medical practitioner.

28.-(1) Whenever, in pursuance of the Coroners Act, an inquest or inquiry into the death of any person is held, the coroner conducting the inquiry shall forthwith forward to the district registrar a certificate in the form of the Seventh Schedule, and the registrar shall enter in the register the death and the particulars comprised in the certificate.

Sixth Schedule.

Third Schedule.

Registration of death after twelve months, how effected. 7 of 2000.

Medical practitioner, if any in attendance, to certify the cause of death.

Coroner to furnish certificate of cause of death . CAP. 126. Seventh Schedule.

(2) If the death has been previously registered, the particulars comprised in such certificate shall be entered without any alteration of the original entry.

29.-(1) It shall not be lawful to bury the body of any person who dies within Belize City or within any other place to which the Minister by Order has extended the provisions of this section, unless one of the following certificates has been previously obtained-

(a) if the deceased person was attended during his last illness by a medical practitioner, then a certificate of the cause of death signed by such medical practitioner, which certificate shall be in the form given in the Sixth Schedule;

(b) if the deceased person was not attended during his last illness by a medical practitioner, then the certificate of the registrar of the district or superior officer of police or, if neither of such officers shall be accessible, a justice of the peace, or a sergeant, corporal or constable of the Belize Police Department that the person signing such certificate has inquired into the circum- tances attendant upon such death and to the best of his belief the deceased person died from natural causes, which certificate shall be in the form given in the Eighth Schedule.

(2) In case of doubt in relation to a person dying in Belize City, who has not been attended during his last illness by a medical practitioner, it shall be obligatory upon any of the persons mentioned in paragraph (b) of subsection (1) to report the case immediately to the Director of Health Services, who is hereby required to forward his opinion in writing to the coroner whenever he considers it expedient that an inquest or inquiry should be held.

(3) In the case of any place other than Belize City to which this section has been extended, the report referred to in subsection (2) shall be made to the coroner.

Certificate of cause of death to be obtained before burial. 40 of 1963.

Sixth Schedule.

42 of 1999.

Eight Schedule.

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(4) Where the coroner orders or authorises a burial, no certificate shall be required.

(5) The certificate of the cause of death given by a medical practitioner shall be lodged with the district registrar by the person having the conduct of the funeral within four days after such death or as soon thereafter as can reasonably be done.

(6) Every person who buries a body in contravention of this section shall be liable to a fine not exceeding two hundred and fifty dollars.

Registration of Still-born Children

30.-(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 Ninth Schedule.

(2) In the case of every still-birth, it shall, unless there has been a coroner’s inquiry, be the duty of the person who would, if the child had been born alive, have been required by this Act to give information concerning the birth, to give information to the registrar of the particulars required to be registered concerning the still-birth.

(3) Every such person upon giving information shall either-

(a) deliver to the registrar a written certificate that the child was not born alive, signed by a government medical officer or registered midwife who was in attendance at the birth, or who has examined the body of such child; or

(b) make a declaration in the prescribed form to the effect that no government medical officer or registered medical prac- titioner or licensed midwife was present at the birth, or has examined the body, or that his or her certificate cannot be

Registration of still-births. Ninth Schedule.

obtained and that the child was not born alive.

(4) Subject to sections 31 to 33 inclusive and to the prescribed exceptions, the provisions of this Act relating to the registration or entry of the birth of a child born alive shall apply to the registration and entry of a still-born child.

31.-(1) No one shall wilfully bury or cause to be buried the body of a deceased child as if it were still-born except as hereinafter provided.

(2) No one who has the control over, or ordinarily buries bodies in any cemetery within the limits of Belize City, Dangriga, Punta Gorda, San Ignacio, Benque Viejo del Carmen, Corozal Town or Orange Walk Town or the City of Belmopan, shall bury or permit to be buried therein the body of a deceased child as if it were still-born, or shall bury or permit to be buried therein any still-born child, before there is delivered to him either-

(a) a written certificate that the child was not born alive, signed by a government medical officer, or registered medical practitioner who was in attendance at its birth, or, in the event of no government medical officer or registered medical prac- titioner having been in attendance at its birth, then a certificate of a government medical officer or registered medical prac- titioner who has been called in subsequent to its birth to the effect that he has examined the body of the child and that, to the best of his knowledge and belief, it was not born alive; or

(b) if there has been an inquiry, an order of the coroner who presided at the inquiry.

(3) No one shall bury or permit to be buried the body of a deceased child as if it were still-born, or shall bury or permit to be buried any still-born child, before there is delivered to him either-

Burial of deceased and still-born children. 4 of 1964.

7 of 2000.

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25

(a) a written certificate that the child was not born alive, signed by a government medical officer or registered medical practitioner who was in attendance at its birth, or, in the event of no govern- ment medical officer or no registered medical practitioner having been in attendance at its birth, then a certificate of a government medical officer or registered medical practitioner who has been called in subsequent to its birth to the effect that he has examined the body of the child and that, to the best of his knowledge and belief, it was not born alive; or

(b) if there has been an inquiry, an order of the coroner who presided at the inquiry,

or where it is impracticable to obtain either of the certificates in this subsection mentioned, then a written order signed by the registrar of the district or by any officer of police, justice of the peace, alcalde or licensed midwife authorising such burial.

32.-(1) Every person who, on presenting the body of a still-born child for burial, then or within such time as may be allowed by the person to whom the body is so presented, fails to produce to that person one of the certificates or orders referred to in section 31 shall be liable to a fine not exceeding one hundred dollars.

(2) Every person who acts contrary to section 31 with respect to the burying of the body of a still-born child shall be liable to a similar penalty.

(3) It shall be a good defence to a person charged with an offence under section 31 (3) or under this section to prove that owing to the remoteness of the locality, it was impracticable to obtain any of the certificates or orders therein required to be produced.

33. Every person who buries or causes to be buried the body of any still- born child shall inform the registrar nearest to the place at which the burial has

Production of certificates by persons presenting body of still-born child for burial.

Persons burying still-born child shall inform registrar.

taken place of the fact within seven days after the burial, and if the person fails to do so he shall be liable to a fine not exceeding one hundred dollars.

General Provisions

34. The register books shall, while in the custody of the registrar and not in use, be kept in a locked iron safe or other proper receptacle.

35. No register shall, for any purpose whatever, be taken out of a registry, except by permission in writing of the Registrar General or the registrar of the district, or under a subpoena or order of a competent court.

36.-(1) Subject to any rules to be made under section 45, the district registrars shall deliver to the Registrar General, and the Registrar General shall receive and deposit in the General Registry, all records and registers of births and deaths in the custody or under the control of any of the district registrars which now or hereafter may become disused or filled.

(2) The Registrar General shall certify under his hand upon some part of every separate volume or book so delivered, received and deposited, that it is a register or record deposited in the General Registry in pursuance of this Act.

37. As soon as practicable after the last day of each month, every district registrar shall forward to the Registrar General, in such form as the Minister under any rules to be made under section 45 may prescribe, a return of all births and deaths which have occurred in his district during such month.

38.-(1) Any clerical error in a register may, if discovered at the time of making the entry, be then corrected by the registrar.

(2) Except as is mentioned in section 39, no other alteration shall be made in any register except upon a written authority of the Registrar General or the registrar of the district or by the Registrar General or the registrar of the district himself who, before authorising or making an alteration, shall require such

Custody of registers.

Registers not to be removed. 7 of 2000.

Filled or disused registers to be forwarded to Registrar General.

Monthly returns of births and deaths to be furnished. 40 of 1963.

Clerical errors, how rectified.

7 of 2000.

7 of 2000.

35 of 1973.

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27

evidence as he may consider necessary concerning the nature of the alteration and the true facts of the case.

(3) An alteration in pursuance of subsection (2) shall, upon payment of the prescribed fee, be effected by entering in the register particulars thereof without any alteration being made of the original entry.

39.-(1) Whenever it is found that an entry has been made in the register of any district, which should have been made in the register of another district, the registrar of the district where such erroneous entry has been made shall correct the same by a note or entry in the margin, which shall contain a statement of the circumstances under which the correction is made, with the date thereof, and shall be signed by the persons, if any, supplying the information upon which it is made, and also by the registrar, who shall then rule one clear line through the erroneous entry, but so that such entry shall remain legible.

(2) The registrar shall thereupon notify the erroneous entry, the correction and all the circumstances under which the correction is made to the registrar of the district in which the entry should properly have been made, who shall forthwith make a special entry thereof and shall add a note in the margin of such entry explaining the facts attending the same, as notified to him by the registrar of such other district, as aforesaid.

40. In every case of a correction of or addition to a register made under section 39, the registrar making the same shall send to the Registrar General a special report of the correction or addition, with the date and all other particulars thereof.

41. Where an entry relating to a birth or a death cannot be traced owing to loss, damage or destruction of the register containing the entry, the Registrar General, on proof to his satisfaction that such birth or death has been registered, may re-register the same notwithstanding the fact that the birth or the death occurred in a district other than his own.

Erroneous entries, how rectified.

Corrections to be reported to Registrar General.

Re-registration on loss, etc., of register. 35 of 1973.

42. Every person shall be entitled, upon payment of the prescribed fees, to search the index to and inspect any entry in any register, and to have a certified copy, under the hand of the Registrar General or a registrar, of any such entry.

43.-(1) Every such certified copy shall be on a printed form, be an exact copy of the entry in the register, with a certificate at the foot thereof in the form given in the Tenth Schedule, and be signed by the Registrar General or a registrar.

(2) Every such certified copy or other extract from the registry of births and deaths signed by a registrar shall be received in every court of justice and in all legal proceedings, as prima facie evidence of the matters therein contained.

44.-(1) Every person shall be entitled, upon payment of the prescribed fee, to obtain from a registrar, a shortened form of birth certificate in the form given in the Eleventh Schedule, of the birth of any person compiled from entries in the records and registers.

(2) A shortened form of birth certificate shall be compiled in accordance with and shall contain the particulars required by subsections (3) to (5).

(3) Opposite the words “Christian or given names” in the forms of short birth certificates, there shall be inserted the registered person’s name as recorded in the entry, and immediately thereafter the word “Surname” there shall be inserted-

(a) where it appears from the entry that the registered person is legitimate, the surname of his father as recorded therein, or, if more than one such surname is so recorded, then such one of them as the applicant may request;

(b) where it appears from the entry that the registered person is illegitimate, the surname of the mother as recorded therein, or, if more than one surname is so recorded, or if the birth is

Searches and certificates.

Certified extracts. 14 of 1971. Tenth Schedule. 14 of 1971.

Short form of birth certificate. 14 of 1971. Eleventh Schedule. 7 of 2000.

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29

registered on the joint information of his mother and father, then the surname to be inserted in the short birth certificate shall be such one of the surnames recorded in the entry as the applicant may request.

(4) Opposite the words “Sex” and “Date of Birth” respectively shall be inserted the particulars thereof in the entry.

(5) Opposite the words “Place of Birth” there shall be inserted the name of the district and the registry in which the birth was registered.

45. The Minister may from time to time make rules-

(a) for regulating the registration of births and deaths;

(b) for prescribing the period of notice of intention to remove the body of a deceased person out of Belize which shall be given under this Act and the procedure in accordance with which such a removal shall take place;

(c) for prescribing any forms in addition to or in substitution for any of those in the Schedules and the fees payable in respect of all or any of the matters required to be done by this Act; and

(d) for prescribing any other matter necessary to be done for the purpose of carrying this Act into effect.

46.-(1) The registers of baptisms and burials kept by the ministers in Belize of the Church of England, the Roman Catholic Church, the Presbyterian Church, the Methodist Church, and the Baptist Church, and copies and extracts from such registers, certified to be true under the hand of the minister having the custody of any such register, shall be received in all courts of law and in all legal proceedings as prima facie evidence of the facts and matters therein con-

Rules and tables of fees. 40 of 1963.

Registers of baptisms and burials.

tained.

(2) Every minister of religion who wilfully inserts or causes to be inserted in any register or book of baptisms or burials any false entry of any baptisms or burial, or gives any false certificate, or certifies any entry to be a copy or extract of any register or book of baptisms or burials, knowing the same to be false in any part of such entry, commits a misdemeanour, and on conviction thereof shall be liable to a fine not exceeding two thousand dollars, and to imprisonment for a term not exceeding two years.

47. The Minister may, by Order published in the Gazette, from time to time add to the religious communions named in section 46 the names of such other religious communions as he thinks expedient.

48. The body of a deceased person shall not be removed out of Belize until the expiration of the prescribed period after notice of the intended 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 this section shall be liable on summary conviction to a fine not exceeding five hundred dollars.

General Offences and Penalties

49. A person who removes a register from a registry in contravention of section 35 shall be liable to a fine not exceeding two thousand dollars for each offence.

50. A person required by this Act to give information concerning any birth or death, or any living new-born or dead body, who fails-

(a) to give information; or

7 of 2000.

Names may be added. 40 of 1963.

Prohibition of removal of body out of Belize without notice.

Penalty for removing a register from registry. 7 of 2000.

Penalty for neglecting to give information of a birth or death.

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31

(b) to comply with any summons of the registrar made in pursuance of this Act; or

(c) wilfully refuses to answer any question put to him by the regis- trar relating to the particulars required to be registered concerning such birth or death or living new-born child or dead body,

shall be liable to a fine not exceeding one thousand dollars for each such offence.

51. A person who wilfully and knowingly-

(a) gives to the registrar any false information concerning any birth, or death, or any living new-born child or dead body, or makes any false answer to any question put to him by the registrar relating to the particulars required to be registered concerning any birth or death; or

(b) makes any false order or certificate under, or for any of the purposes of, this Act, or forges or falsifies any such order or certificate, or, knowing any such order or certificate to be forged or false, uses the same as true, or gives or sends the same as true to any person; or

(c) makes any false statement with intent to have the same entered in any register,

shall for each offence be liable on summary conviction to a fine not exceeding two hundred and fifty dollars, and on conviction upon indictment to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding seven years.

7 of 2000.

Penalties for giving false information or making false certificates.

52. A person who-

(a) unlawfully destroys, defaces or injures or causes or permits to be destroyed, defaced or injured, any register or any part of any register or any certified copy of any entry in any register, or any part of any such copy; or

(b) forges or fraudulently alters any entry in any register, or any certified copy of any entry therein; or

(c) knowingly and unlawfully inserts, or causes or permits to be inserted in any register, or in any such certified copy, any false entry relating to any birth or death; or

(d) certifies any writing to be a copy of an entry in or an extract from any register, knowing the same to be false in any material particular,

commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty dollars, and on conviction upon indictment to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding seven years.

53. Every proprietor, editor or publisher of any newspaper published in Belize who wilfully publishes, and every person sending for such publication any fictitious or false statement of the birth of any child or death of any person knowing the same to be fictitious or false, shall be liable to a fine not exceeding fifty dollars or to imprisonment for any term not exceeding three months.

54. All fines, forfeitures and penalties imposed by this Act, except where otherwise provided, shall be recoverable on summary conviction.

Penalty for defacing or destroying a register.

Penalty for sending or publishing false statements.

Penalties, how recoverable.

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33

55. All such fines, forfeitures and penalties, when recovered, shall be paid into and form part of the Consolidated Revenue Fund:

Provided that it shall be lawful for the Minister to award to the person prosecuting or to any person by whose means or aid any such fine, forfeiture or penalty may have been recovered, any sum or sums not exceeding in the aggregate one moiety of such fine, forfeiture or penalty.

FIRST SCHEDULE

[Sections 2 (1) and 7]

Register of Births for the District of

Penalties to be paid into Consolidated Revenue Fund. 40 of 1963.

No. Date and

place of

birth

Name (if

any)

Sex Name and

Surname of

Father

Name and

Maiden Surname

of Mother

Rank, occupation

and address of Father, or in default,

of no mother

Name descrip- tion and address

of informant

When Register-

ed

Signature of

Registrar

Name, if any, added after Registration

SECOND SCHEDULE

[Sections 2 (1) and 7]

Register of Deaths for the District of

No. Date and

place of

death

Name and

Surname

Sex Age Rank and

occupa- tion

Cause of

death

Name of certifying Medical

Practitioner (if any)

Name description

and address of informant

When Register-

ed

Signature of

Registrar

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35

THIRD SCHEDULE

[Sections 12 (2) and 25 (3)]

Registrar’s Summons to Appear and Testify

TO of You are hereby required to appear before me the undersigned Registrar

of Births and Deaths, at on the day of 20 , at

o’clock in the noon, then and there to testify of your knowledge concerning the of

HEREIN fail not. In default you will be liable to a fine of ten dollars. GIVEN under my hand this day of , 20 .

(Signature) Registrar of the District of

FOURTH SCHEDULE

[Section 17]

Certificate of Registration of Birth

I, , Registrar of Births and Deaths for the District of Belize, do hereby certify that I have this day registered the birth of

, born at the child of (Insert the names of the parents, if the child is legitimate, or of the

mother, if the child is illegitimate). WITNESS my hand this day of ,

20 . (Signature)

Registrar.

FIFTH SCHEDULE

[Section 19]

I DO HEREBY certify that the male (or female) child born on the day of , 20 , at to of (and) (his wife), whose birth was registered in the District of on the day of , 20 , has received the name of (or names of and )

WITNESS my hand this day of 20 .

(Signature) (Occupation)

(Address)