The Registration Services (Prescription of Forms) (Scotland) Regulations 2009

Scottish Statutory Instruments

2009 No. 314

Registration Of Births, Deaths, Marriages,etc.

The Registration Services (Prescription of Forms) (Scotland) Regulations 2009

Made

16th September 2009

Laid before the Scottish Parliament

18th September 2009

Coming into force

12th October 2009

The Registrar General makes the following Regulations in exercise of the powers conferred by the Adoption and Children (Scotland) Act 2007(1), Schedule 1, paragraphs 1(1) and 6(4), the Adoption (Scotland) Act 1978(2), Schedule 1, paragraph 1(1), the Civil Partnership Act 2004(3) sections 88(1) and (5), 94 and 95(3), the Local Electoral Administration and Registration Services (Scotland) Act 2006(4), section 55(2) and all other powers enabling him to do so.

The Scottish Ministers(5) have approved the making of these Regulations in accordance with the Adoption (Scotland) Act 1978, section 60(6), the Adoption and Children (Scotland) Act 2007, Schedule 1, paragraph 1(1), the Civil Partnership Act 2004, section 126(3) and the Local Electoral Administration and Registration Services (Scotland) Act 2006, section 60(1).

(1)

2007 asp 4. Section 57 contains a definition of “Registrar General” and schedule 1, paragraph 6(5) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which this instrument is made.

(2)

1978 c.28 (“the 1978 Act”). The 1978 Act was repealed by the Adoption and Children (Scotland) Act 2007 (asp 4) but under the Adoption and Children (Scotland) Act 2007 (Consequential Provisions) (No. 1) Order 2009 (S.I. 2009/2233) that repeal does not affect the operation of paragraph 1(1) of Schedule 1 of the 1978 Act for the purpose of section 30(9) of the Human Embryology and Fertilisation Act 1990 (c. 37) (“the 1990 Act”). The Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994 (S.I. 1994/2804) were made under section 30(9) of the 1990 Act. Regulation 2 of and paragraph 1(1) of Schedule 1 to those Regulations applied paragraph 1(1) of Schedule 1 to the 1978 Act (entries in the Register of Adoptions) to parental orders as if they were adoption orders. Section 65 of the 1978 Act contains a definition of “Registrar General” relevant to the exercise of the statutory powers under which this instrument is made.

(3)

2004 c. 33, section 88(1) and (5) were amended by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), section 52(2)(a) and 52(2)(c) respectively. Section 126(1) of that Act contains a definition of “prescribed” and section 135 contains a definition of “Registrar General” relevant to the exercise of the statutory powers under which these Regulations are made.

(4)

2006 asp 14. Section 60 of that Act contains a definition of “prescribed” and applies a definition of “Registrar General” in section 1 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) relevant to the exercise of the statutory powers under which these Regulations are made.

(5)

The functions of the Secretary of State under the 1978 Act were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).