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The Registration Services (Fees, etc.) (Scotland) Regulations 2006

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Citation and commencement

1.  These Regulations may be cited as the Registration Services (Fees, etc.) (Scotland) Regulations 2006 and shall come into force on 1st January 2007.

Interpretation

2.—(1) In these Regulations–

“the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965;

“the 1977 Act” means the Marriage (Scotland) Act 1977;

“the 2004 Act” means the Civil Partnership Act 2004;

“the 2006 Act” means the Local Electoral Administration and Registration Services (Scotland) Act 2006;

“bulk particular search” means a search for multiple specified entries, by comparison of electronic records, caused to be made by the Registrar General;

“general search” means a search (other than an Internet search) over any period of years for any number of entries, made by any person with the permission of the Registrar General or the district registrar;

“Internet search” means a search, in the indexes to the statutory registers, to the Register of Dissolutions of Civil Partnership or to the parochial registers made available on the Internet, made by any person by means of the Internet with the permission of the Registrar General;

“Internet search session” means the period of time beginning with the time at which a person has–

(a)

access to the indexes made available on the Internet; and

(b)

agreed to pay the prescribed fee for an Internet search session,

and ending–

(a)

90 days after that time; or if sooner,

(b)

with the time at which that person has retrieved 30 computer screens or part screens of index data;

“particular search” means a search for a specified entry caused to be made by the Registrar General or made by a district registrar;

“search” means a bulk particular search, a general search, an Internet search or, as the case may be, a particular search;

“the statutory registers” means–

(a)

any register of births, still-births, deaths and marriages kept by a district registrar;

(b)

any register of births, deaths and marriages transmitted to the Registrar General under the 1965 Act or any enactment repealed by that Act;

(c)

the Register of Divorces; and

(d)

the civil partnership register; and

“working day” means a day on which the General Register Office is open for the purpose specified in section 38(2) of the 1965 Act.

(2) Any reference in these Regulations–

(a)to an application made by post includes an application made by facsimile; and

(b)to anything done in writing includes by electronic means.

Fees payable to Registrar General

3.  Subject to regulation 7, the fees payable under the provisions of the Acts specified in–

(a)column 1 of Part I of Schedule 1 for the services described in column 2 of that Schedule (searches in the indexes) shall be the amounts specified in column 3 thereof;

(b)column 1 of Part II of Schedule 1 for the services described in column 2 of that Schedule (issue of copy or extract entries and abbreviated extracts of births or deaths) shall be the amounts specified in column 3 thereof;

(c)column 1 of Part III of Schedule 1 for the services described in column 2 of that Schedule (recording of names or changes of names) shall be the amount specified in column 3 thereof.

Priority handling fee

4.  Subject to regulation 7, where–

(a)a person applies for a service which is described in the entry numbered 1 in column 2 of Part II of Schedule 1;

(b)the application is made–

(i)in person before 1300 hours and the person requests that the extract be issued after 1600 hours on the same day, or

(ii)in person after 1300 hours and the person requests that the extract be issued after 1000 hours on the next working day following the application, or

(iii)by post and the person requests that the extract be issued by post on the next working day following receipt of the application; and

(c)the Registrar General considers that the request can reasonably be complied with,

then, in addition to the amount specified in column 3 of Part II of that Schedule as the fee payable for that service, a further fee of £10 per extract issued shall be payable, but, if the extract is not issued within the time requested, the further fee shall be refunded.

Fee payable to district registrars

5.  Subject to regulation 7, the fees payable under provisions of the Acts specified in–

(a)column 1 of Part I of Schedule 2 for the services described in column 2 of that Schedule (searches in statutory and other registers or indexes) shall be the amounts specified in column 3 thereof;

(b)column 1 of Part II of Schedule 2 for the services described in column 2 of that Schedule (the issue of copy or extract entries and abbreviated extracts of births or deaths) shall be the amount specified in column 3 thereof.

Fees payable under the Marriage (Scotland) Act 1977 and the Civil Partnership Act 2004

6.—(1) The fees payable under the provisions of the 1977 Act specified in column 1 of Part I of Schedule 3 for the services described in column 2 of that Schedule (submission of marriage notice and civil marriage ceremony) shall be the amounts specified in column 3 thereof.

(2) The fees payable under the provisions of the 2004 Act specified in column 1 of Part II of Schedule 3 for the services described in column 2 of that Schedule (submission of notice of intended civil partnership and civil partnership registration) shall be the amounts specified in column 3 thereof.

Remission of fees

7.  The Registrar General may remit any fee or part of a fee payable under the provisions of the Acts specified in column 1 of Schedules 1 and 2 where–

(a)the payment of the fee is likely to cause hardship to the person by whom it is payable;

(b)the service in respect of which the fee is payable is performed for research purposes;

(c)an extract has been requested by the father or mother of a still-born child within one month of the date of registration of the still-birth, and the Registrar General consents in terms of section 37(2) of the 1965 Act(1) to the extract being issued from the register of still-births; or

(d)the person named as the informant on an entry in the register of deaths (“the relevant entry”) has requested an extract of the relevant entry in the following circumstances:–

(i)the informant has previously been issued with an extract of the relevant entry on payment of the prescribed fee,

(ii)the informant has subsequently been notified by the Registrar General that an entry has been made in the Register of Corrections Etc. relating to the relevant entry following a notice received by the Registrar General from a procurator fiscal under section 28(1)(b) of the 1965 Act, and

(iii)the request has been made in writing within one month of the date of receipt of the notification by the Registrar General.

Accessible material provided to district registrars

8.  The accessible material within the meaning of section 58(1) of the 2006 Act is prescribed for the purposes of section 58(6) of that Act (material a copy of which arrangements are to be made for access to be provided to district registrars).

Revocations

9.  The Regulations specified in the first column of Schedule 4 are revoked.

D MACNIVEN

Registrar General for Scotland

New Register House,

Edinburgh

29th November 2006

Approved by the Scottish Ministers

GEORGE LYON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

29th November 2006

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