Explanatory note

These Regulations revoke and replace the Social Security (Notification of Deaths) Regulations 1987 (S.I. 1987/250). They require registrars of births and deaths in England and Wales, the Registrar General for England and Wales, and the Registrar General of Births, Deaths and Marriages for Scotland to provide specified particulars of death to the Secretary of State for the purposes set out in section 125(1) of the Social Security Administration Act 1992 (c.5). The regulations also provide the manner in which and the times at which the duty is to be carried out.

Regulation 2 provides for a duty on registrars of births and deaths employed in local authorities that are facilitating the notification service, and the Registrar General for England and Wales, to pass particulars of death to the Secretary of State. This covers death registration and death declaration data. It also provides exceptions to the duty where the registrar has received a certificate from a coroner under section 11(7) or 16(4) of the Coroners Act 1988 (c.13), where a declaration has previously been attested by a registrar in a local authority that is facilitating the notification service, and where the registrar is registering the death in a local authority that is not facilitating the notification service.

Regulation 3 provides for a duty on the Registrar General of Births, Deaths and Marriages for Scotland to furnish particulars to the Secretary of State.

Regulation 4 sets out the particulars of the death of a person that are to be furnished, introducing the four Schedules to the Regulations.

Regulation 5 provides for the manner in which, and the time at which, information must be furnished to the Secretary of State. Regulation 5(3) provides that registrars have a discretion in deciding how to exercise their duty as to the manner of furnishing information to the Secretary of State, subject to the overriding obligation that it must be in writing.

Regulation 6 revokes the Social Security (Notification of Deaths) Regulations 1987 (S.I. 1987/250).

Schedule 1 lists the particulars of death that are to be furnished to the Secretary of State by a registrar of births and deaths in England and Wales when furnishing the particulars in the manner specified in regulation 5(2)(a).

Schedule 2 lists the particulars of death that are to be furnished to the Secretary of State by the Registrar General for England and Wales when furnishing the particulars in the manner specified in regulation 5(2)(b).

Schedule 3 lists the particulars of death that are to be furnished to the Secretary of State by the Registrar General of Births, Deaths and Marriages for Scotland when furnishing the particulars in the manner specified in regulation 5(2)(c).

Schedule 4 lists the particulars of death that are to be furnished to the Secretary of State by a the Registrar General of Births, Deaths and Marriages for Scotland when furnishing the particulars in the manner specified in regulation 5(2)(d).

A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.