Explanatory note

These Regulations bring into force sections 61 to 65 of the Data (Use and Access) Act 2025 (c. 18) (“the 2025 Act”). Regulation 2(1) brings the provisions specified in that regulation into force on 9th November 2026. Regulation 2(2) brings section 61(3) of the 2025 Act into force at 12.01 am on that date. These are the 10th commencement regulations made under the 2025 Act.

Section 61(1) and (2) of the 2025 Act substitute a new section 25 (provision of registers, etc. by Registrar General) into the Births and Deaths Registration Act 1953 (c. 20) (“the 1953 Act”), which concerns the form in which registers are to be kept.

Section 61(3) of the 2025 Act omits sections 26 to 28 of the 1953 Act. This commences one minute after the other regulations to preserve the enabling power in section 26 of the 1953 Act. This sequencing ensures that the Registration of Births and Deaths (Amendment) Regulations 2026 can take effect on 9 November 2026 and revoke regulation 71 (quarterly returns) of the Registration of Births and Deaths Regulations 1987 (S.I. 1987/2088), which prescribes forms under section 26 of the 1953 Act.

Section 62 of the 2025 Act inserts section 11A (provision of equipment and facilities by local authorities) into the Registration Service Act 1953 (c. 37). This sets out the local authority’s obligations in relation to the provision and maintenance of such equipment or facilities that the Registrar General reasonably considers necessary for the superintendent registrar’s and the registrar’s office.

These Regulations commence section 63 (requirements to sign register) so far as it is not already in force. Section 63 is already in force to the extent provided by section 142(2)(h) of the 2025 Act.

Section 64 (treatment of existing registers and records) of the 2025 Act makes provision in relation to births and deaths registers held by superintendent registrars and the Registrar General before the repeal of section 28 of the 1953 Act and unfilled hard copy registers, and confers powers on the Registrar General to dispose of certified copies they hold. It also makes provision for existing electronic copies of births and deaths registers kept between and including 1st July 2009 and the day before these Regulations come into force, to be treated as the register.

Section 65 (minor and consequential amendments) introduces Schedule 3 (registers of births and deaths: minor and consequential amendments) to the 2025 Act. Schedule 3 to the 2025 Act sets out the minor and consequential amendments to the 1953 Act and other legislation as specified.

An impact assessment has not been prepared for this instrument as a full impact assessment was published in relation to the provisions in the Data (Use and Access) Bill. Copies can be obtained from the UK Government Website at https://www.gov.uk/government/publications/data-use-and-access-bill-supporting-documents or from the Department for Science, Innovation and Technology at 22-26 Whitehall, London, SW1A 2EG, United Kingdom.