Births and Deaths Registers Are Changing: What It Means for Tracing and Service
On 9 November 2026, new rules came into force on how births and deaths registers are kept and maintained in England and Wales. They are the latest stage of the Data (Use and Access) Act 2025, which the Government is bringing into force step by step.
If you instruct a tracing agent or a process server, these registers matter more than you might think.
What has changed?
On 4 November the Home Office made the Data (Use and Access) Act 2025 (Commencement No. 10) Regulations 2026 (SI 2026/1167). They brought sections 61 to 65 of the Act into force on 9 November. In summary, those sections:
require local authorities to provide the equipment and facilities registrars need
update the rules on signing the register
change the rules on the form in which births and deaths registers are kept, replacing the old provisions in the Births and Deaths Registration Act 1953
confirm that electronic copies of births and deaths registers kept since 1 July 2009 are to be treated as the register itself
The changes are about how the registers are kept. They do not add any new data protection duties.
Why does this matter for tracing and process serving?
Before you chase a debtor or serve legal papers, it helps to confirm the person is still alive. Civil registration records are one of the main ways to check.
Serving papers on someone who has died, or pursuing a debt against them, wastes time and money. It can also cause real distress to their family. A good tracing agent will check for a death record as part of every trace, so you do not discover the problem after the papers have been delivered.
What this means in practice
Ask your tracing provider how they confirm someone is alive before attempting service or enforcement.
Expect official record-keeping to keep changing over the next few years as the rest of the Act comes into force.
Watch for any future changes to who can see these records and how.
How ASH can help
Our trace service includes checks to confirm the subject is alive and at the address before we attempt service, so you are not paying for papers to be served on someone who cannot receive them. If you have a trace or service in mind, request a quote and we will reply within the hour during office hours.
We are keeping a close eye on the Data (Use and Access) Act as each stage comes into force, and will share anything that affects how you trace and serve.
