The Registration of Births, Deaths and Marriages (Re registration) (Scotland) Regulations 2007

Citation and commencement

1.  These Regulations may be cited as the Registration of Births, Deaths and Marriages (Re-registration) (Scotland) Regulations 2007 and shall come into force on 1st March 2007.

Re-registration for the purposes of section 20(1A)(b) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965

2.—(1) For the purposes of section 20(1A)(b) (re-registration in certain cases: prescribed cases or classes of case) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 a district registrar may re-register a birth without the written authority of the Registrar General only in the 3 classes of case described in paragraphs (2), (3) and (5) (which may be dealt with in the same application) and in accordance with the requirements of the Act and the Registration of Births, Deaths, Marriages (Miscellaneous Provisions) (Scotland) Regulations 1965(1).

(2) The first class of case is re-registration under section 20(1)(a) of the Act (birth entry affected by Register of Corrections Etc. respecting status, parentage or non-parentage) where the matter contained in the Register of Corrections Etc. is as respects the person’s parentage, non-parentage or paternity.

(3) The second class of case is re-registration under section 20(1)(c) of the Act (birth entry implies that parents were not married to one another and they subsequently so marry) where the person who has subsequently married the mother has been registered as the father of the child in the birth entry concerned.

(4) An application for re-registration of a person’s birth under paragraph (2) or (3) may be made–

(a) if the person is under 16 years of age, by any person having parental responsibilities in relation to that person (whether or not the person with those responsibilities has attained the age of 16 years); or

(b) if the person is of or over 16 years of age, by the person him or herself.

(5) The third class of case is re-registration where the person who is the subject of the birth entry has died or was a still-born child,–

(a) under section 20(1)(a) of the Act where the matter contained in the Register of Corrections Etc. is as respects the person’s parentage, non-parentage or paternity; or

(b) under section 20(1)(c) of the Act.

(6) An application for re-registration of a person’s birth under paragraph (5) may be made–

(a) if the person’s mother is married, by the mother or her husband; or

(b) if the person’s mother is not married, by the mother, or if the mother is dead, by a person who has been registered as the father of the child in the birth entry concerned,

unless the mother, husband or other person described in sub-paragraph (b) had been deprived of parental responsibilities prior to the death of the person who is the subject of the birth entry.

(7) For the purposes of paragraphs (4) and (6), a person has parental responsibilities (or not) or has been deprived (or not), notwithstanding that the person holds or has not been deprived of the right to agree or decline to agree to the making of an application under section 18 (freeing for adoption) or 55 (adoption abroad) of the Adoption Act 1976(2), section 18 or 49 of the Adoption (Scotland) Act 1978(3) or under Article 17, 18 or 57 of the Adoption (Northern Ireland) Order 1987(4) (corresponding provision for Scotland and Northern Ireland).

PAUL M PARR

Deputy Registrar General for Scotland

New Register House,

Edinburgh

6th February 2007

Approved by the Scottish Ministers

GEORGE LYON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th February 2007