Legitimacy and
Illegitimacy (Re-Registration of Births) (Jersey) Regulations 1974
1 [1]
In these Regulations –
“decree” means a decree of legitimacy or illegitimacy,
as the case may be, pronounced under Article 6 or 7 of the Law;
“Law” means the Legitimacy (Jersey) Law 1973;
“original entry” means the original entry in the
Register of Births in relation to the person whose legitimacy is the subject of
a decree;
“registrar”, “relevant registrar” and
“Superintendent Registrar” have the meanings respectively assigned
to those expressions in the Marriage and Civil Status
(Jersey) Law 2001;
“relevant registration duties” has the meaning assigned
to that expression in the Marriage and Civil Status
(Jersey) Law 2001; and “retained”, in relation to those duties, is to be
construed in accordance with that Law.
2 [2]
(1) This Regulation applies
if –
(a) the
Superintendent Registrar has received from the Judicial Greffier a certified
copy of a decree in pursuance of Article 10(1) of the Law, and
(b) the
parish in whose Register of Births the original entry was made has retained the
relevant registration duties.
(2) The Superintendent
Registrar must as soon as practicable furnish to the registrar having custody
of the Register of Births containing the original entry the information
required for the re-registration of the birth.
3
(1) If the relevant
registration duties are not being performed by the Superintendent Registrar,
the registrar having custody of the Register containing the original entry must
attend personally at the office of the Superintendent Registrar, and in the
Superintendent Registrar’s presence shall enter the birth in the manner
and form set out in paragraph (2), and the Superintendent Registrar shall
sign the Register in the column of the entry headed “Informant’s
signature and relationship to the child” and adding after the
Superintendent Registrar’s official designation and the words “Registered
in accordance with an Act of the Royal Court dated ...”.[3]
(1A) If the relevant registration duties
are being performed by the Superintendent Registrar, the Superintendent
Registrar must –
(a) enter
the birth in the manner and form set out in paragraph (2);
(b) sign
the Register in the column of the entry headed “Informant’s
signature and relationship to the child”; and
(c) add
the Superintendent Registrar’s official designation and the words
“Registered in accordance with an Act of the Royal Court dated….”.[4]
(2) The entry in the
Register shall be made in the following form and manner –
(a) in
the columns headed “Date and Place of Birth”, “Forenames and
surname of child”, “Sex” and “Baptismal names or names
given after registration” there shall be entered the particulars
appearing in the corresponding columns of the original entry;
(b) where
re-registration is made as a result of a decree pronounced under Article 6
of the Law –
(i) the appropriate
entry shall be made in the columns headed “Forenames, surname and
occupation or profession of father”, and
(ii) the
appropriate entry shall be made in the columns headed “Forenames, surname
and maiden surname of mother”;
(c) where
re-registration is made as a result of a decree pronounced under Article 7
of the Law –
(i) no entry shall be
made in the columns headed “Forenames, surname and occupation or
profession of father”, and
(ii) the
appropriate entry shall be made in the columns headed “Forenames, surname
and maiden surname of mother”;
(d) in
the column headed “Date of Registration” there shall be entered the
date on which the entry of the re-registration is made,
and the relevant registrar shall sign the Register in the column
headed “Name and signature of Registrar”.[5]
4
(1) Where a birth is
re-registered in accordance with these Regulations, the relevant registrar must
write in the margin both of the original entry and of the copy thereof required
to be kept in pursuance of the Marriage and Civil Status
(Jersey) Law 2001 the words “Re-registered under the Legitimacy (Jersey) Law 1973” and shall append
thereto the relevant registrar’s signature and official designation and
the date of the re-registration, and if the relevant registration duties are
retained, the registrar must prepare and deliver to the Superintendent
Registrar a certified copy of the entry of re-registration.[6]
(2) Any certified copy of
the original entry shall include such marginal additions.
5 [7]
Where application is made for a certified copy of the entry of the
birth of a person whose birth has been re-registered in accordance with these Regulations,
the Superintendent Registrar or the Registrar, as the case may be, shall supply
a certified copy of the entry of re-registration, and no certified copy of the
original entry shall be given except under the direction of the Minister for Justice and Home Affairs[8].
6
These Regulations may be cited as the Legitimacy and Illegitimacy
(Re‑Registration of Births) (Jersey) Regulations 1974.