The Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 2003

Scottish Statutory Instruments

2003 No. 89

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC

MARRIAGE

The Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 2003

Made

13th February 2003

Laid before the Scottish Parliament

17th February 2003

Coming into force

12th March 2003

The Registrar General, in exercise of the powers conferred by sections 28A(4), 37(2) and (3), 38(2) and (3), 40(1), 43(8), 47, 54(1) and 56 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(1), and sections 3(1), 19(2), 25 and 26 of the Marriages (Scotland) Act 1977(2), and of all other powers enabling him in that behalf, and with the approval of the Scottish Ministers(3), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 2003, and shall come into force on 12th March 2003.

Amendment of the 1998 Regulations

2.—(1) The Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1998(4) are amended in accordance with the following paragraph.

(2) In regulation 2(1) in the definition of “Internet search session”, for “24” substitute “48”.

JOHN RANDALL

Registrar General

New Register House, Edinburgh

13th February 2003

We approve

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

13th February 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1998, by extending the period during which an Internet search session may continue from 24 hours to 48 hours.

(1)

1965 c. 49; section 28A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 50(1); section 54(1) was amended by the Statute Law (Repeals) Act 1981 (c. 19), Schedule 1, part XII, the Children Act 1975 (c. 72), Schedule 4, part III, and by the Marriage (Scotland) Act 1977 (c. 15) (“the 1977 Act”), Schedule 3; section 56 contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

1977 c. 15; section 3(1) was amended by the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16), Schedule 2, paragraph 3; section 26 was amended by the Family Law Act 1986 (c. 55), Schedule 1, paragraph 22, and contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

(3)

The functions of the Secretary of State under section 54(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, and section 26 of the 1977 Act, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(4)

S.I. 1998/643; amended by S.I. 1998/3191 and S.S.I. 2000/447 and 2002/390.