Work Life Balance and Miscellaneous Provisions Act 2023

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Amendment of Birth Information and Tracing Act 2022

41. The Birth Information and Tracing Act 2022 is amended—

(a) in section 5(2), by the insertion of “In this section,” before ‘‘ ‘public body’ ”,

(b) in section 25(2), by the insertion of “to section 33A or” after “Without prejudice”,

(c) in section 31(2), by the insertion of “to section 33A or” after “Without prejudice”,

(d) in section 32(4), by the substitution of “section 33 or for the purposes of section 33A,” for “section 33,”,

(e) by the insertion of the following section after section 33:

“Agency and Authority may conduct trace for certain purposes under Part 3 or 4

33A. The Agency or the Authority may—

(a) where either receives an application under section 21(1), 22(1), 27(1) or 28(1), or

(b) on the request of another relevant body that receives an application referred to in paragraph (a),

conduct a trace for the purposes of establishing, for the purposes of section 21(3)(b), 22(3)(b), 27(3)(b) or 28(3)(b), as the case may be, whether a person is deceased.”,

(f) in section 34(1)—

(i) by the insertion of “or where section 33A applies,” after “section 33,”,

(ii) in paragraph (a), by the substitution of “relates,” for “relates, or”,

(iii) in paragraph (b), by the substitution of “direction, or” for “direction.”, and

(iv) by the insertion of the following paragraph after paragraph (b):

“(c) where section 33A applies, trace the person concerned for the purposes of establishing whether the person is deceased.”,

and

(g) by the insertion of the following subsection after section 34(8)—

“(8A) Where the Agency or Authority, in a case to which section 33A(b) applies and having taken the steps referred to in subsection (1)(c)—

(a) establishes that the person concerned is deceased or not deceased, or

(b) is unable to establish whether the person concerned is deceased,

it shall, in writing and without delay, inform the relevant body concerned of that fact.”.