CHAPTER 52 - LEGITIMACY ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Re-registration of Birth (Legitimated Persons) Regulations
RE-REGISTRATION OF BIRTH (LEGITIMATED PERSONS) REGULATIONS
[Section 3(3)]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Attendance of informant before Registrar
4. Manner and form of registration
5. Removal within the Republic
6. Removal out of the Republic
7. Re-registration where no informant living
8. Entry not to be evidence unless made on authority of Registrar-General
9. Copies of entries to be sent to Registrar-General
10. Reference to re-registration to be made in previous entry
11. Certified copies of entries of re-registration
12. Fees for re-registration
[Regulations by the Registrar-General.]
Act 13 of 1994,
GN 99 of 1953,
GN 497 of 1964.
These Regulations may be cited as the Re-registration of Birth (Legitimated Persons) Regulations.
{mprestriction ids="2,3,5"}
In these Regulations, “informant” means a parent of a legitimated child whose duty it is to give information with a view to the re-registration of the birth of such child.
3. Attendance of informant before Registrar
Where re-registration is authorised by the Registrar-General, the informant, or, if there are two informants, such one of them as the Registrar-General may direct, shall, subject as hereinafter provided, attend personally at the office of the Registrar of Births and Deaths of the district in which the birth took place within such time as the Registrar-General may specify, and sign a notice of birth in the presence of the Registrar.
4. Manner and form of registration
(1) The Registrar of the district in which the birth took place, on receiving the Registrar- General’s written authority to re-register the birth of a legitimated person, shall in the presence of the informant, fill in a new notice of birth, in the manner provided in Form 1 of the First Schedule to the Births and Deaths Registration (General) Rules, and the informants shall sign the notice in the presence of the Registrar.
(2) The Registrar shall enter in the notice of birth the particulars stated in the written authority as particulars to be entered on the information given to the Registrar-General.
(3) The Registrar shall append to the signature of the informant the description and residence of such informant as required by the written authority to be entered in the notice of birth.
(4) The Registrar shall enter the date on which the entry is made, in the manner and form provided in the Births and Deaths Registration Act in respect of an entry of the date of birth, followed by the words “On the authority of the Registrar-General”.
(5) The Registrar shall sign the notice of birth and shall append to his signature his official description.
5. Removal within the Republic
An informant who has removed before re-registration from the district in which the birth took place to some other part of the Republic may, with the written consent of the Registrar- General, instead of attending personally at the office of the Registrar of the district in which the birth took place, make and sign the notice of birth before the Registrar of the district where the informant resides, who shall send the same with the authority to the Registrar of the district in which the birth took place.
6. Removal out of the Republic
(1) An informant who has removed before re-registration from the district in which the birth took place out of the Republic may, with the consent of the Registrar-General, instead of attending at the office of the Registrar to sign the notice of birth, make and sign a declaration in writing of the particulars to be entered in the notice of birth on the information of such informant.
(2) In the case of an informant who is in a Commonwealth country, the declaration shall be made before a Judge, court, notary public or person lawfully authorised to administer oaths in such country or place, and in the case of an informant who is in any other country, the declaration shall be made before the High Commissioner, Ambassador or Consuls or Vice-Consuls of the United Kingdom.
(3) The declaration shall be in such form and shall contain such particulars as the Registrar- General may require, being particulars to be entered in the register on the information of such informant.
(4) Upon receipt of the declaration duly attested, the Registrar-General may send it, together with his written authority for re-registration, to the Registrar of the district in which the birth took place.
7. Re-registration where no informant living
Where re-registration is authorised by the Registrar-General and no informant is living, then, if the legitimated person is an infant, his guardian may attend personally at the office of the Registrar and sign the notice of birth; and if the legitimated person is not an infant the Registrar shall, if so directed in the written authority of the Registrar-General, enter in the notice of birth the words “On the authority of the Registrar-General”.
8. Entry not to be evidence unless made on authority of Registrar-General
Any entry or a certified copy of an entry of a re-registered birth under the Act shall not be evidence of such birth or legitimation unless such entry purports to be made on the authority of the Registrar-General.
9. Copies of entries to be sent to Registrar-General
The Registrar shall forthwith make and deliver to the Registrar-General a certified copy of the notice of birth.
10. Reference to re-registration to be made in previous entry
The Registrar-General having the custody of the register in which the birth was previously entered shall cause the previous entry of the birth to be marked in the margin with the words “Re-registered under the Legitimacy Act on ..........................”, and add the date of re-registration.
11. Certified copies of entries of re-registration
Where application is made for a certified copy of the entry of the birth of a person whose birth has been re-registered, the Registrar-General shall supply a certified copy of the entry of re-registration; and no certified copy of the previous entry shall be given except under the direction of the Registrar-General.
Where the necessary information for the purpose of re-registration is not furnished to the Registrar-General within the time specified in paragraph 2 of the Schedule to the Act, the following fees shall be charged:
(a) a fee of eight fee units payable to the Registrar re-registering the birth by the informant or other person attending to sign the notice of birth or, in a case of removal, making a declaration in substitution for such attendance;
(b) in the case of removal to some other part of the Republic a fee of four fee units payable to the Registrar attesting a declaration by the informant or some other person making the same.
[Am by Act 13 of 1994.]{/mprestriction}