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Statutory Instruments

1972 No. 1513

HOVERCRAFT

The Hovercraft (Births, Deaths and Missing Persons) Regulations 1972

Made

6th October 1972

Coming into Operation

1st November 1972

The Secretary of State in exercise of the powers conferred upon him by section 55 of the Civil Aviation Act 1949 as amended by section 69 and Schedule 10 of the Civil Aviation Act 1971 and as applied by Article 5 and Schedule 2 of the Hovercraft (Application of Enactments) Order 1972(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:-

Citation and Commencement

1. These Regulations may be cited as the Hovercraft (Births, Deaths and Missing Persons) Regulations 1972 and shall come into operation on 1st November 1972.

Interpretation

2.-(1) In these Regulations:-

"Missing Persons" means persons with respect to whom there are reasonable grounds for believing that they have died on a hovercraft registered in the United Kingdom;

"Person in command" of a hovercraft means, in a case where a person other than the captain is in command of the hovercraft, that person, and in any other case, the captain;

"Traveller" in relation to a hovercraft includes a member of the crew;

reference in these Regulations to births or deaths in a hovercraft include references to births or deaths on a hovercraft's lifeboat or liferaft and, in the case of deaths, to being lost from a hovercraft, or hovercraft's lifeboat or liferaft.

(2) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

Returns relating to births and deaths

3.-(1) The operator of a hovercraft registered in the United Kingdom shall, as soon as practicable but not later than three months after the occurrence in any part of the world of a birth or death in the hovercraft transmit to the Secretary of State a return of such birth or death in the form, in accordance with the instructions, and containing the particulars prescribed in Appendix A to these Regulations (in the case of a birth) or Appendix B to these Regulations (in the case of a death):

Provided that if such particulars are not known to the operator of the hovercraft, he shall transmit as aforesaid so many of such particulars as he is reasonably able to ascertain having regard to the circumstances of the birth or death.

(2) To facilitate the rendering of returns in accordance with this Regulation the person in command of a hovercraft registered in the United Kingdom shall make records available to the operator as soon as practicable of the occurrence in any part of the world of a birth or death in the hovercraft.

Provided that if all such particulars are not known to the person in command of a hovercraft and cannot be readily ascertained by him he shall record and make available as aforesaid so many of such particulars as are readily ascertainable.

Records to be kept in the Department of Trade and Industry

4. The Secretary of State shall keep in his Department:-

(1) a separate record of births in the form of Appendix C to these Regulations in which shall be recorded the particulars transmitted to him of births occurring in any part of the world in hovercraft registered in the United Kingdom;

(2) a separate record of deaths in the form in Appendix D to these Regulations in which shall be recorded the particulars transmitted to him of deaths occurring in any part of the world in hovercraft registered as aforesaid; and

(3) a separate record in the form in Appendix E to these Regulations of persons reported to him as missing persons.

Transmission of copies of entries to appropriate Registrar-General

5. The Secretary of State shall within seven days of the completion of an entry in any record kept in his Department pursuant to these Regulations cause a certified copy of such entry to be transmitted to the appropriate Registrar-General.

Rules for ascertaining appropriate Registrar-General

6. For the purpose of these Regulations, the appropriate Registrar-General shall be ascertained as follows:-

(a)where it appears to the Secretary of State that an entry in the record of births relates to the birth of a child the father of whom, or, if the child is illegitimate, the mother of whom, was at the time of the birth usually resident in Scotland or Northern Ireland, a certified copy of the entry shall be sent to the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar-General for Northern Ireland, as the case may require;

(b)where it appears to the Secretary of State that an entry in the record of deaths or missing persons relates to a person who, at the time of his death, or (in the case of a missing person) at the time when he was reported missing, was usually resident in Scotland or Northern Ireland, a certified copy of the entry shall be sent to the Registrar General of Births, Deaths and Marriages for Scotland, or the Registrar-General for Northern Ireland, as the case may require;

(c)in every other case, a certified copy of an entry in the record of births, deaths, or missing persons, shall be sent to the Registrar General of Births, Deaths and Marriages in England.

Saving for father of illegitimate child

7. In the case of the birth of an illegitimate child, the name of any person as father of such child shall not be entered in any return or record of particulars of the birth of such child unless the mother of the child and the person acknowledging himself to be the father of the child shall have signed a completed form of return as informants.

Rectification of entries of births, deaths and missing persons

8.-(1) If the Secretary of State is satisfied that there is an error or omission in any entry made in the record of births, deaths, or missing persons kept in his Department, he may, in accordance with evidence of the true facts relating to the entry, rectify it in such manner as may appear to him appropriate.

(2) Within seven days after the correction of any entry in his records in accordance with this Regulation, the Secretary of State shall cause a certified copy of such corrected entry to be transmitted to the appropriate Registrar-General.

Foreign and Commonwealth hovercraft

9. The provisions of these Regulations shall also apply in relation to any hovercraft not registered in the United Kingdom which carry passengers to or from any port in the United Kingdom with respect to the registration of births and deaths of citizens of the United Kingdom and colonies occurring on board such hovercraft on a journey to or from any port in the United Kingdom.

J.N. Archer

An Under-Secretary of State

Department of Trade and Industry

6th October 1972

APPENDIX A

FORM NoBirth

APPENDIX B

FORM NoDeath

APPENDIX CBIRTHS IN HOVERCRAFT NOTIFIED IN ACCORDANCE WITH THE HOVERCRAFT (BIRTHS, DEATHS AND MISSING PERSONS) REGULATIONS 1972

No.Registration marking of hovercraftCountry of registration of hovercraftDate and place of birthNameSexName, surname, usual residence and nationality of fatherName, surname, maiden surname, usual residence and nationality of motherProfession or occupation of father and rank or title (if any)Name, description and home address of informantWhen registeredSignature of registrarBaptismal or given name if added after registration of birth
(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)

APPENDIX DDEATHS IN HOVERCRAFT NOTIFIED IN ACCORDANCE WITH THE HOVERCRAFT (BIRTHS, DEATHS AND MISSING PERSONS) REGULATIONS 1972

No.Registration marking of hovercraftCountry of registration of hovercraftDate and place of deathName, surname, and usual residence at time of deathSexAgeProfession or occupation, rank or title (if any) and nationalityCause of deathName, description and home address of informantWhen registeredSignature of registrar
(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)

APPENDIX EPERSONS MISSING AND BELIEVED TO HAVE DIED IN HOVERCRAFT NOTIFIED IN ACCORDANCE WITH THE HOVERCRAFT (BIRTHS, DEATHS AND MISSING PERSONS) REGULATIONS 1972

No.Registration marking of hovercraftCountry of registration of hovercraftName, surname and usual residence of missing personSexAgeProfession or occupation, rank or title (if any) and nationalityDate and place of accident and grounds for presumption of deathWhen registeredSignature of registrar
(1)(2)(3)(4)(5)(6)(7)(8)(9)

EXPLANATORY NOTE

These Regulations provide for the keeping of records of births, deaths and of persons missing and believed to have died in consequence of an accident occurring in any part of the world in any hovercraft registered in Great Britain or Northern Ireland. Provision is also made for the transmission of such records to the appropriate Registrar-General.

(1)

(1972 II, p. 3024).


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