Births And Deaths Registration Act (Gibraltar)

Births And Deaths Registration Act

Published: 1887-01-20

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Births and Deaths Registration

1887-01

BIRTHS AND DEATHS REGISTRATION ACT

Principal Act

Act. No. 1887-01 Commencement 20.1.1887

Assent 15.1.1887

Amending

enactments

Relevant current

provisions

Commencement

date

Acts. 1889-07 s. 36

1928-02 ss. 13 and 14

1934-26 ss. 3(1), 4-14, 16, 20, 2123, 26, 29,

31, 33-35, 36(3), 37, 39(2), 40 and

1950-14 ss. 2, 3,(2), 19 and 36(2)

1963-11 s. 40

1972-06 s. 15

1973-31 s. 18

1980-04 s. 3(2)

1986-02 ss.2, 6, 8, 10(2), 11, 12, 13(3), 16(4),

20, 21, 26, 29, 35(2), 36(3), 37,

39(3), 40, 42 and Sch.

1.7.1986

1991-19 ss.6, 8, 10(2), 11, 12, 13(3), 16(4),

21, 22, 23, 24, 26, 27, 29, 30, 31,

33, 35(1) and (3), 36(3), 37 and

39(3)

18.7.1991

1993-22 ss.10, 11 and 13(1) 16.12.1993

2007-17 ss. 2, 3(1), 3(2), 13(2), 14, 16(2), (3)

& (4), 17, 35(1), 37 & 41

14.6.2007

2012-11 * s. 2 11.10.2012

* Transitional provisions.

(1) This section applies to the birth of a stillborn child which−

(a) occurred between the dates of 1st January 1996 and the date of the

commencement of this Act;

(b) took place after twenty-four weeks of pregnancy but before twenty-eight

weeks of pregnancy; and

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(c) other than due to the fact that the stillbirth took place before twenty-eight

weeks of pregnancy, should have been registered under the Births and

Deaths Registration Act.

(2) This Act shall not be construed as imposing a duty on any person to apply to

register the birth of a stillborn child to which this section applies.

(3) The birth of a stillborn child to which this section applies shall, subject to the

provisions of this section, be registered by the Registrar in a supplementary register of

stillbirths on the application the person who would, if the child had been born alive, have

been required by the Births and Death Registration Act to give information concerning

the birth.

(4) An application under subsection (3) shall be accompanied by such particulars

and information as the Registrar shall require for the purposes of the registration of the

stillbirth and the person giving such particulars and information shall either−

(a) deliver to the Registrar a written certificate that the child was not born

alive, signed by a registered medical practitioner or certified midwife who

was in attendance at the birth or who examined the body of such child; or

(b) provide such other evidence to the satisfaction of the Registrar and in such

form as the Registrar may require that the certificate referred to in (a)

cannot be obtained and that the child was not born alive.

(5) A stillbirth to which this section applies may only be registered if−

(a) the application for registration is received by the Registrar before the

expiration of twelve months next after the coming into force of this Act; or

(b) with the written authority of the Minister responsible for personal status,

and the fact of such authority having been given shall be entered in the

register.

(6) Subject to the provisions of this section, and in particular the non-mandatory

nature of the registration of stillbirths to which this section applies, the provisions of the

Births and Deaths Registration Act and subsidiary legislation made under that Act shall

apply to the registration and entry of a stillbirth to which this section applies as they

apply to the registration or entry of a stillbirth under that Act.

(7) The Registrar shall keep the supplementary register of stillbirths and shall cause an index thereof to be prepared and maintained.

(8) For the purposes of−

(a) searches of the register and index,

(b) the making and use of certified copies of the register and index,

(c) the provision of certificates to persons providing information concerning a

stillbirth, and

(d) section 6 of the Births and Deaths Registration Act,

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1887-01

English and Scottish sources

Births and deaths Registration Act 1836 (6 & 7 Wm. 4 c.86)

Registration of Births, Deaths and Marriages (Scotland) Act 1854 (17 & 18

Vict. c.80)

Births and Deaths Registration Act 1874 (37 & 38 Vict. c.88)

Perjury Act 1911 (1 & 2 Geo. 5 c.6)

Births and Deaths Registration Act 1926 (16 & 17 Geo. 5 c.48)

Family Law Reform Act 1969 ( 1969 c.46)

the supplementary register shall be deemed to be part of the register of stillbirths kept

under that Act.

(9) The Registrar may make such amendments to forms and certificates prescribed

under the Births and Deaths Registration Act as he deems fit in relation to registration in

the supplementary register.

(10) In this section “Registrar” means the Registrar of Births and Deaths appointed

under the Births and Deaths Registration Act.

Births and Deaths Registration

1887-01

BIRTHS AND DEATHS REGISTRATION

ACT.

ARRANGEMENT OF SECTIONS.

Section

1. Short title.

2. Interpretation.

3. Appointment of Registrar.

4. Registers and searches, etc.

5. Certified copies of entries to be evidence.

6. Penalty for using a false certificate, etc.

7. Registrar to learn and register births and deaths.

8. Penalty for not duly registering.

9. Correction of errors in registers.

Registration of Births.

10. Information concerning birth, by whom to be supplied.

11. Requisition by Registrar of information.

12. Information of finding new born child to be given.

13. Registration after three months from birth of child.

14. Births registered after twelve months without authority, not

evidence.

15. Saving for father of illegitimate child.

16. Registration of name or alteration.

17. When minister of religion to send notice to Registrar.

18. Repealed.

19. Registration of stillbirths.

Registration of Deaths.

20. Register of deaths to be kept in three parts.

21. When medical practitioner to transmit to Registrar certificate

of death.

22. Certificate from medical practitioner to be inserted in register.

23. Information concerning death by whom to be supplied.

24. Repealed.

25. Entry of particulars in register.

26. Entry to be signed by person supplying particulars.

27. Completion of register.

28. When register admissible in evidence.

29. Refusing to make declaration, etc., as to death.

30. No declaration required, where inquest held.

31. Coroner to transmit particulars found by jury to Registrar.

32. Registrar to enter particulars in register.

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33. Registrar to give certificate to person in charge of funeral,

unless inquest.

34. Coroner when to issue order of burial.

35. Certificate or Coroner’s order to be given to minister of

religion before burial.

36. Burial of deceased children as stillborn.

37. Minister of religion, etc., to indorse and sign certificate and

transmit it to Registrar.

38. Death in Gibraltar presumed when dead body found therein.

39. Powers of Registrar to require registration of full particulars of

death.

40. Modification of Act in case of death of members of armed

forces, etc.

Rules.

41. Rules.

Notices etc.

42. Sending of documents by post.

Births and Deaths Registration

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Births and Deaths Registration

1887-01

AN ACT TO PROVIDE FOR THE REGISTRATION OF BIRTHS AND

DEATHS.

Short title.

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

Interpretation.

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

“birth” includes live-birth and still-birth;

“burial” includes interment, cremation, burial at sea;

“Minister” means the Minister responsible for personal status;

“minister of religion” includes the representative of any religious

organisation or other person in charge of a burial service.

“occupier” includes the governor, keeper, master, matron, superintendent

or other chief resident officer of every prison, hospital and public or

charitable institution, and, where a house is let in separate

apartments or lodgings, includes any person residing in such house

who is the person under whom such lodgings or separate

apartments are immediately held, or his agent;

“relative” includes a relative by marriage;

“Registrar” means the Registrar of Births and Deaths, appointed under

section 3;

“stillborn” and “stillbirth” shall apply to any child which has issued forth

from its mother after the twenty-fourth 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.

Appointment of Registrar.

3. (1) The Minister shall from time to time appoint a fit and proper person

to be the Registrar of Births and Deaths who shall have a seal of such design

as the Minister may approve.

* See Transitional provisions in the amendments list page (Act 2012-11)

(1874 c.88, s.47).

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(2) The Minister may appoint one or more assistant registrars of births

and deaths, and any assistant registrar so appointed may, subject to any

directions given to him by the Registrar, exercise all the powers and perform

all the duties of the Registrar.

Registers and searches, etc.

4. The Registrar shall keep the prescribed registers and shall cause indexes

thereof to be prepared and maintained. Upon the payment of the prescribed

fees the Registrar shall permit any person to search the registers and indexes

during office hours and shall make and deliver to any person requiring the

same a certified copy of any entry in the registers in the prescribed form

under the hand and seal of the Registrar.

Certified copies of entries to be evidence.

5. Any certified copy of any entry in the registers purporting to be sealed or

stamped with the seal of the Registrar shall be received as evidence of the

birth or death to which the same relates in all courts without any further

proof of such entry.

Penalty for using a false certificate, etc.

6. A person who, knowing any certificate, declaration or order under or for

the purposes of this Act to be false or forged, uses the same as true or gives

or sends the same as true to any person is guilty of an offence and is liable on

summary conviction to a fine at level 3 on the standard scale.

Registrar to learn and register births and deaths.

7. The Registrar shall, subject to any rules to be made as hereinafter

provided, be and he is hereby authorized and required to, inform himself

carefully of every birth and death which shall happen in Gibraltar, and to

learn and register, as soon after the event as conveniently may be done, and

without fee or reward, save as herein provided, in the books to be kept by

him for that purpose, the prescribed particulars touching every such birth or

every such death, as the case may be. Every such entry shall be made in order

from the beginning to the end of the book.

Penalty for not duly registering.

8. If the Registrar refuses, or without reasonable cause omits, to register any

birth or death of which he has had due notice, or to make any additions to or

alterations upon the registers in accordance with the provisions of this Act,

he is guilty of an offence and is liable on summary conviction to a penalty at

level 3 on the standard scale for every such offence.

(1836 c.86, s.38).

(1874 c.86,

s.40; 1911

c.6, s.17).

(1854 c.80, s.26).

(s.61).

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Correction of errors in registers.

9. With regard to the correction of errors in registers of births and deaths:—

(a) no alteration in any register shall be made except as authorized

by this Act;

(b) any clerical error which may from time to time be discovered in

any such registers may be corrected by the Registrar who shall

initial the same;

corrected by the Registrar by entry in the margin (without any

alteration of the original entry) upon production to him by the

person requiring such error to be corrected of a statutory

declaration setting forth the nature of the error and the true facts

of the case and made by two persons required by this Act to give

information concerning the birth or death with reference to which

the error has been made, or in default of such persons then by

two credible persons having knowledge of the truth of the case.

Every such alteration shall be made in the presence of a justice of

the peace who shall attest the same according to the truth of the

case, and shall sign the marginal entry, and add thereunto the day

of the month and year when such correction shall be made.

Registration of Births.

Information concerning birth, by whom to be supplied.

10. (1) The following persons shall be qualified to give to the Registrar

information of the particulars required to be registered concerning the birth

of every child born alive in Gibraltar, that is to say—

(a) the father and mother of the child;

(b) each person present at the birth;

the happening of the birth;

(d) the person having charge of the child.

(2) Subject to section 15, it shall be the duty—

(a) of the father or mother of the child;

(1874 c.88, s.36)

(1874 c.88, s.1).

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(b) if the father or mother of the child is dead, ill or absent, of each

such person as is mentioned in paragraphs (b), (c) or (d) of sub-

section (1),

within 21 days of the birth to give to the Registrar information of the

particulars required to be registered concerning the birth and in the presence

of the Registrar, to sign the Register:

Provided that the giving of the information by one qualified informant shall

act as discharge of any duty under this sub-section of every other qualified

informant.

(3) A person who fails to give information as required by this section, is

guilty of an offence and is liable on summary conviction to a fine at level 3

on the standard scale.

Requisition by Registrar of information.

11. When a birth has, from the default of the parents or other persons

required to give information concerning it, not been duly registered, the

Registrar may at any time after the end of twenty-one days from such birth,

by notice in writing, require any of the persons qualified by this Act to give

information concerning such birth, to attend personally at the registry office

within seven days after the receipt of such notice, and to give information, to

the best of such person's knowledge and belief, of the particulars required to

be registered concerning such birth and to sign the register in the presence of

the Registrar, and it shall be the duty of such person to comply with such

requisition, and any person who makes default is guilty of an offence and is

liable on summary conviction to a fine at level 3 on the standard scale.

Information of finding new born child to be given.

12. In case any living new born child is found exposed, it shall be the duty of

any person finding such child, and of any person in whose charge such child

may be placed, to give, to the best of his knowledge and belief, to the

Registrar, within seven days after the finding of such child, such information

of the particulars required to be registered concerning the birth of such child

as the informant possesses, and in the presence of the Registrar to sign the

summary conviction to a fine at level 3 on the standard scale.

Registration after three months from birth of child.

13. (1) After the expiration of three months following the day of the birth of

any child the Registrar shall not register such birth, save as herein provided.

In case the birth of any child shall not have been registered according to the

provisions hereinbefore made —

(1874 c.88,

s.2).

(s.3).

(1874 c.88 s.5).

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(a) in the case of a legitimate child, any of the persons qualified in

accordance with section 10(1); and

(b) in the case of an illegitimate child, the mother or any such person

as is mentioned in paragraphs (b), (c) or (d) of section 10(1),

shall make a declaration in writing before a justice of the peace of the

particulars required to be registered touching the birth of such child

according to the best of his or her knowledge and belief, and, subject to the

provisions of subsection (2), the Registrar shall thereupon register the birth

of such child according to the information of the person making such

declaration. In every such case a justice of the peace shall sign the entry of

the birth in the register as soon as conveniently may be after such declaration

shall have been so made and for every such registration the Registrar shall be

entitled, unless the delay shall have been occasioned by his default, to the

prescribed fee from the person requiring such birth to be registered, and no

child wherein it shall appear that more than three months have intervened

between the day of the birth and the day of registration of the birth of such

child, unless the entry shall be signed by a justice of the peace.

(2) After the expiration of twelve months next after the birth of any child,

that birth shall not be registered except with the written authority of the

Minister for registering the same and except in accordance with any rules

made in that behalf and upon payment of the prescribed fee, and the fact of

such authority having been given shall be entered in the register.

(3) A person who knowingly registers or causes to be registered the birth

of any child in contravention of this section is guilty of an offence and is

liable on summary conviction to a fine of at level 3 on the standard scale.

Births registered after twelve months without authority, not evidence.

14. Save as in section 13 provided, after the expiration of twelve calendar

months following the birth of any child the Registrar shall not register the

birth of such child, and no register of births shall be given in evidence to

prove the birth of any child wherein it shall appear that twelve calendar

months had intervened between the day of the birth and the day of the

registration of the birth of such child and that the authority from the Minister

as is required by section 13 was not given.

Saving for father of illegitimate child.

15. (1) In the case of an illegitimate child no person shall, as father of such

child, be required to give information under this Act concerning the birth of

(1874 c.88, s.7)

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such child, and the Registrar shall not enter in the register the name of any

person as father of such child, except—

(a) at the joint request of the mother and of the person

acknowledging himself to be the father of the child (in which

case that person shall sign the register together with the mother);

(b) at the request of the mother on production of—

(i) a declaration in the prescribed form made by the mother

stating that that person is the father of the child; and

(ii) a statutory declaration made by that person

acknowledging himself to be the father of the child.

(2) If on the registration of the birth of an illegitimate child no person has

been entered in the register as the father, the Registrar may re-register the

birth so as to show a person as the father—

(a) at the joint request of the mother and of that person (in which

case the mother and that person shall both sign the register in the

presence of the Registrar); or

(b) at the request of the mother on production of—

(i) a declaration in the prescribed form made by the mother

stating that the person in question is the father of the

child; and

(ii) a statutory declaration made by that person

acknowledging himself to be the father of the child,

but no birth shall be so registered except with the authority of the Registrar

and any such re-registration shall be effected in such manner as may be

prescribed.

(3) A request under paragraph (a) or (b) of subsection (2) may, instead

of being made to the Registrar, be made by making and signing in the

presence of and delivering to such officer as may be prescribed a written

statement in the prescribed form and in the case of a request under paragraph

(b), producing to that officer the documents mentioned in that paragraph,

and the officer shall send the statement together with the documents, if any,

to the Registrar; and thereupon that subsection shall have effect as if the

request had been made to the Registrar and, if the birth is re-registered

pursuant to the request, the person or persons who signed the statement shall

be treated as having signed the register as required by that subsection.

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Registration of name or alteration.

16. (1) When 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 a name,

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 next after the registration of the birth, deliver to the Registrar a

certificate in the prescribed form, and the Registrar upon the receipt of that

certificate and on payment of the prescribed fee shall, without any erasure of

the original entry, forthwith enter in the register book the name mentioned in

the certificate as having been given to the child, and shall state upon the

certificate the fact of such entry having been made,

(2) The certificate shall be signed by the minister of religion or person

who performed the rite of baptism upon which the name was given or

altered, or if the child is not baptized shall be signed by the father, mother or

guardian of the child, or other person procuring the name of the child to be

given or altered.

(3) Every minister of religion of any denomination or other person who

performs the rite of baptism shall deliver the certificate required by this

section on demand, on payment of the prescribed fee and no further fee shall

be demanded or taken for any such certificate.

(4) A minister of religion or other person who refuses or neglects to

deliver such certificate when demanded is guilty of an offence and is liable on

summary conviction to a fine at level 3 on the standard scale.

When minister of religion to send notice to Registrar.

17. There shall be produced to the minister of religion or other person

performing the rite of baptism of any child a certificate of the registration of

the birth of such child, and failing such production such minister of religion

or other person shall forthwith intimate the baptism of such child, with all the

information which he may have regarding the birth and parentage of such

child, to the Registrar.

18. Repealed.

Registration of stillbirths.

19. (1) The birth of every stillborn child shall be registered by the Registrar

in a register of stillbirths in the manner prescribed.

(2) In the case of every stillbirth, it shall, unless there has been an

inquest, be the duty of the person who would, if the child had been born

(1874 c.88, s.7).

(1854 c.80, s.34)

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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 stillbirth; and 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 registered medical practitioner or certified

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

registered medical practitioner or certified midwife was present

at the birth, or has examined the body, or that his or her

certificate cannot be obtained and that the child was not born

alive.

(3) Subject to the provisions of this Act, and subject to the prescribed

exceptions, the provisions of this Act shall apply to the registration and entry

of a stillbirth as they apply to the registration or entry of the birth of a child

born alive.

(4) The Registrar upon registering a stillbirth shall, if so required, give,

either to the person giving information concerning the stillbirth or to the

person who has control over or who ordinarily buries bodies in a burial

ground in which it is intended to bury the stillborn child, a certificate under

his hand in the prescribed form that he has registered the stillbirth, but may,

on receiving written notice of a stillbirth accompanied by a certificate given

by a registered medical practitioner or certified midwife under the foregoing

provisions of this section, before registering the stillbirth give to the person

sending the notice a certificate that he has received notice of the stillbirth,

and any certificate given under this subsection shall be given without fee.

Registration of Deaths.

Register of deaths.

20. The Registrar shall keep a register of deaths, in which he shall record the

death of every person who dies in Gibraltar.

When medical practitioner to transmit to Registrar certificate of death.

21. Every medical practitioner present at the death or in attendance during

the last illness of any person who shall die in Gibraltar, or if there be more

than one such medical practitioner then some one of such medical

practitioners, shall, within twenty-four hours after such death, or after such

death shall come to his knowledge if not present thereat, deliver or transmit

to the Registrar a certificate in the prescribed form signed by himself of the

(1874 c.88,

s.20(2); 1826

c.48, s.6(2)).

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death of such person, and of the date and cause of death to the best of his

knowledge and belief, and in default thereof every such medical practitioner,

and if more than one, each and every of such medical practitioners, is guilty

of an offence and is liable on summary conviction to a fine at level 3 on the

standard scale.

Certificate from medical practitioner to be inserted in register.

22. The Registrar shall, upon receipt of the certificate referred to in section

21 or of a certificate of the Coroner certifying that an inquest is unnecessary,

insert in the register the proper number and, in the proper columns, such

information as is contained in the certificate and required to be registered

touching the death of the person named therein.

Information concerning death by whom to be supplied.

23. (1) The following persons shall be qualified to make a declaration

concerning the death of any person who shall die in Gibraltar, that is to say—

(a) any relative of the deceased person;

(b) any person present at the death;

death;

(d) an inmate of the house who knew of the happening of the death;

(e) the person causing the burial of the body.

(2) It shall be the duty—

(a) of the nearest relative of the deceased person;

(b) if there is no relative, of each such person as is mentioned in

paragraph (b) or (c) of subsection (1); or

such person as is mentioned in paragraph (d) or (e) of that

subsection,

within eight days after the day of such death, personally to make before and

deliver to the Registrar a declaration in writing signed by him in the

prescribed form setting forth to the best of his knowledge and belief all the

particulars by this Act required to be registered concerning such death:

Provided that—

(1874 c.88, s.10)

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(i) the making of a declaration by any one qualified

informant shall act as discharge of any duty under this

subsection of every other qualified informant;

(ii) this subsection shall not have effect if an inquest is held

touching the death of the deceased person.

24. Repealed.

Entry of particulars in register.

25. The Registrar shall thereupon insert in the proper columns of the register

the several particulars required to be known and registered concerning the

death of the person named in such declaration, and concerning such person

so far as he shall have ascertained the same from such declaration, and from

the examination of the person by whom the same shall have been made.

Entry to be signed by person supplying particulars.

26. The person by whom such declaration shall have been made, when and

so soon as the Registrar shall have entered in the register the several

particulars to be ascertained and registered, shall sign his name ... in the

proper place in the said register, and in default thereof is guilty of an offence

and is liable on summary conviction to a fine at level 3 on the standard scale.

Completion of register.

27. The Registrar shall thereupon insert the date of registration and all such

other observations as he may think necessary, and sign his name, and

thereupon such death shall be deemed to be fully registered.

When register admissible in evidence.

28. No register of deaths made or kept under the provisions of this Act,

except as hereinafter provided, shall be admissible in evidence which shall

not be signed by some person professing to be the informant, and to be such

party as is by this Act required to make such declaration as aforesaid before

the Registrar relating to such death, nor unless the same shall be duly signed

by the Registrar in manner required by this Act.

Refusing to make declaration, etc., as to death.

29. Any person who in accordance with section 23 is required to personally

make before and deliver to the Registrar a declaration hereinbefore required

within the period hereinbefore mentioned, and who refuses or omits

personally to deliver that declaration, and every such person who refuses to

(1874 c.88, s.38)

(1874 c.88, s.39)

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answer any such question hereby authorised or prescribed to be put, is guilty

of an offence and is liable on summary conviction to a fine at level 3 on the

standard scale.

No declaration required where inquest held.

30. Notwithstanding the other provisions of this Act, in every case in which

an inquest shall have been held upon the dead body of any person who shall

die in Gibraltar, no declaration shall be required, nor shall any penalty attach

by reason of the non-making thereof, if the Coroner with or without a jury,

shall enquire of and find and record by the verdict (which he, or they, are

hereby authorised and required to do) all the particulars required by this

Act to be known, enquired into and registered concerning the death of such

person and concerning such person, and required to be supplied by a person

specified in section 23.

Coroner to transmit particulars found by jury to Registrar.

31. The Coroner who shall hold any inquest shall immediately transmit to the

Registrar a certificate in the prescribed form under his hand, of the several

particulars so required to be known and registered concerning the death of

and concerning such person, as found by the Coroner or where there was a

jury, by the jury, together with the proper date of the holding of such

inquest.

Registrar to enter particulars in register.

32. The Registrar shall upon the receipt of such certificate, enter in the

proper column of the register the several particulars so found and recorded,

unless the same shall have been previously registered, and shall insert in the

proper column, under the head of observations, the date of the receipt of

such certificate, and such observations as he may consider necessary, and

sign his name, and thereupon such death shall be deemed to be fully

registered.

Registrar to give certificate to person in charge of funeral, unless

inquest.

33. The Registrar when requested so to do by the person having the charge

of the funeral of the dead body of any person whose death shall have been

duly registered or part registered under the provisions of this Act, shall

deliver to such person, without fee or reward, a certificate in the prescribed

form, unless he shall be of opinion that it may be necessary that an inquest

shall be held on the body of such deceased person, in which case the

Registrar shall give notice thereof to the Coroner, and the Registrar is hereby

authorized to give such notice whenever he may think it necessary to do so.

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Coroner when to issue order of burial.

34. At or before the termination of any inquest the Coroner shall issue his

order in the prescribed form for the burial of the body upon which such

inquest was held, and the Coroner shall, when requested so to do, deliver

such order to the person having the charge of the burial of such body.

Certificate or Coroner's order to be given to minister of religion before

burial.

35. (1) Except in the case of a burial in the cemetery in North Front, every

person having charge of any funeral shall, before the commencement of the

burial of the body of any person who shall die in Gibraltar, or performance of

any religious or other service or ceremony at or for such burial, deliver to the

minister or other person by whom such service or ceremony is intended to be

performed, a certificate that the death of such person has been duly

registered or part registered under the provisions of this Act or an order

made for burial by the Coroner in the prescribed form and in default thereof

it shall not be lawful for any person to bury such dead body or to perform

any religious or other service or ceremony at or for such burial:

Provided that when the burial shall be of any member of the armed forces of

the Crown, it shall not be necessary to deliver the certificate in this section

mentioned to the minister of religion or other person performing the burial

service.

(2) In the case of every burial in the cemetery in North Front the person

in charge of the funeral shall before the commencement of the burial

ceremony deliver to the cemetery keeper the certificate of the Registrar

issued under section 33, or the order of the Coroner made under section 34;

and the cemetery keeper shall, after the burial endorse upon such certificate

or order the date of the burial, sign his name on such certificate or order, and

forthwith send such certificate or order as endorsed and signed to the

Registrar.

(3) A person who offends against the provisions of this section is guilty

of an offence and is liable on summary conviction to a fine at level 3 on the

standard scale.

Burial of deceased children as stillborn.

36. (1) A person shall not wilfully bury or procure to be buried the body of

any deceased child as if it were stillborn.

(2) The officer, keeper or other person who has control over or

ordinarily buries bodies in the cemetery at the North Front shall not permit to

be buried in such burial ground the body of any deceased child alleged to

(1874 c.88, s.18)

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have been stillborn before there is a certificate given by the Registrar under

the provisions of section 19 or, if there has been an inquest, an order of the

Coroner.

(3) A person who acts in contravention of this section is guilty of an

offence and is liable on summary conviction to a fine of at level 3 on the

standard scale.

Minister of religion, etc., to indorse and sign certificate and transmit to

Registrar.

37. Save in the case of a burial to which section 35(2) applies, every minister

of religion by whom any religious service or ceremony, or any other person

by whom any civil service or rite, shall be performed at the burial of any

person who shall die in Gibraltar, shall forthwith indorse the date of such

burial on the certificate or order delivered to him by the person having

charge of the funeral, and sign his name thereto and transmit the same so

indorsed and signed to the Registrar, and in default is guilty of an offence is

liable on summary conviction to a fine at level 3 on the standard scale.

Death in Gibraltar presumed when dead body found therein.

38. Every dead body of a person which shall be found or be in Gibraltar,

shall for the purposes of this Act, be presumed to be, until the contrary be

shown, the dead body of a person who has died in Gibraltar.

Powers of Registrar to require registration of full particulars of death.

39. (1) If the Registrar shall have reasonable grounds to believe that any

person shall at any time within six months previously have died in Gibraltar,

the particulars relating to whom and to whose death by this Act required to

be registered shall not have been duly registered, or have been erroneously or

imperfectly registered, he shall upon being supplied with the necessary

particulars by the person by this Act required or authorized to supply the

same, register such particulars, and if necessary cancel any former

registration, by a marginal note referring to the correct entry.

(2) For the purposes aforesaid the Registrar by summons under his hand

shall cause to come before him at his office, on a day and at an hour therein

mentioned, any person by this Act authorized to supply any such particulars,

and shall require him to make declaration of all such particulars to the best of

the declarant's knowledge and belief.

(3) A person duly served with any such summons who without lawful

excuse, the proof whereof shall lie on the person charged, refuses or neglects

to obey the same or to make such declaration as aforesaid, is guilty of an

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offence and is liable on summary conviction to a fine at level 3 on the

standard scale.

Modification of Act in case of death of members of armed forces, etc.

40. The provisions in this Act contained relating to the registration of deaths

shall be modified in the manner following in the case of every person who at

the time of his death was an inmate of any premises inhabited by the

Governor, or by any member of the armed forces of the Crown, and also in

the case of every person dying in any hospital provided for members of the

armed forces of the Crown and their families or in any barracks or quarters

so provided or on board any of Her Majesty's ships or any merchant or other

private vessel in the port of Gibraltar, that is to say:–

(a) in lieu of the declaration required to be made under section 23

there shall be transmitted to the Registrar within eight days after

the day of the death, a certificate in the prescribed form signed

by such officer as may be prescribed;

(b) on receipt of such certificate the Registrar shall record in the

provided by this section and shall enter in the register the date of

the certificate together with the several particulars contained in

the certificate and such other observations as the Registrar

considers necessary. In lieu of the signature of the informant of

the death there shall be entered in the appropriate column by the

Registrar the official designation of the officer supplying the

certificate and thereupon such death shall be deemed to be fully

registered.

Rules.

Rules.

41. It shall be lawful for the Minister to make rules for the better carrying

out of the provisions of this Act and in particular he may prescribe forms and

fix fees for the several matters to which this Act relates.

Notices, etc.

Sending of documents by post.

42. Any notice, information, certificate, requisition, return or other

document required by or under this Act may be sent by post.