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The Civil Partnership (Attestation) (Scotland) Regulations 2006

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Scottish Statutory Instruments

2006 No. 574

CIVIL PARTNERSHIP

The Civil Partnership (Attestation) (Scotland) Regulations 2006

Made

29th November 2006

Laid before the Scottish Parliament

30th November 2006

Coming into force

1st January 2007

The Registrar General, in exercise of the powers conferred by sections 88(5) and 92(2) of the Civil Partnership Act 2004(1) and of all other powers enabling him in that behalf, and with the approval of the Scottish Ministers, in accordance with section 126(3) of that Act, makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Civil Partnership (Attestation) (Scotland) Regulations 2006 and shall come into force on 1st January 2007.

Manner of attestation

2.  Manuscript signature is the manner of attestation prescribed for the purposes of sections 88(5) (declaration of eligibility for civil partnership) and 92(2) (notice of objection) of the Civil Partnership Act 2004.

D MACNIVEN

Registrar General for Scotland

New Register House,

Edinburgh

29th November 2006

GEORGE LYON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

29th November 2006

Explanatory Note

(This note is not part of the Regulations)

Section 52 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 amends the Civil Partnership Act 2004 to enable the Registrar General for Scotland to prescribe the manner of attestation for documents submitted under that Act. Those documents are declarations of eligibility submitted with notices of proposed civil partnership and certificates (produced by a registered medical practitioner) supporting objections to proposed partnerships. On the commencement of that section, those notices and objections may be submitted electronically, subject to the requirements for attestation to be prescribed by regulations. These Regulations re-prescribe the existing manuscript signature for attestation for the lodging of such documents.

A full Regulatory Impact Assessment has not been produced for this instrument as it has no impact on the cost of business.

(1)

2004 c. 33 (“the 2004 Act”). Sections 88(5) and 92(2) were amended by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14; “the 2006 Act”), sections 52(2)(c) and (4)(b)(ii) respectively. Sections 126(1) and 135 of the 2004 Act contain definitions of “prescribed” and “Registrar General” respectively relevant to the exercise of the statutory powers under which these Regulations are made.

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