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

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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).

Citation and commencement

1.  These Regulations may be cited as the Registration Services (Prescription of Forms) (Scotland) Regulations 2009 and come into force on 12th October 2009.

Amendment of the Adopted Children Register and Parental Order Register (Form of Entry) (Scotland) Regulations 1995

2.—(1) The Adopted Children Register and Parental Order Register (Form of Entry) (Scotland) Regulations 1995(6) are amended in accordance with this regulation.

(2) For the form set out in Schedule 1 (adopted children register entry) substitute the form set out in Schedule 1 to these Regulations.

(3) For the form set out in Schedule 2 (parental order register entry) substitute the form set out in Schedule 2 to these Regulations.

Amendment of the Registration of Foreign Adoptions (Scotland) Regulations 2003

3.—(1) The Registration of Foreign Adoptions (Scotland) Regulations 2003(7) are amended in accordance with this regulation.

(2) After regulation 2 insert—

Registrable foreign adoption

2A.  For the purposes of paragraph 6(5) of schedule 1 to the Adoption and Children (Scotland) Act 2007 (meaning of “registrable foreign adoption”), the requirement is that at the time the Convention or overseas adoption is effected the adoptive parent, or in the case of a couple, both adoptive parents, are habitually resident in Scotland..

(3) For the form set out in the Schedule (form of entry in the adopted children register) substitute the form set out in Schedule 1 to these Regulations.

Amendment of the Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 2005

4.—(1) The Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 2005(8) are amended in accordance with this regulation.

(2) For the form set out in Schedule 1 (civil partnership notice) substitute the form set out in Schedule 3 to these Regulations.

(3) For the form set out in Schedule 2 (civil partnership schedule) substitute the form set out in Schedule 4 to these Regulations.

(4) For the form set out in Schedule 3 (civil partnership register page) substitute the form set out in Schedule 5 to these Regulations.

Amendment of the Book of Scottish Connections Regulations 2008

5.—(1) The Book of Scottish Connections Regulations 2008(9) are amended in accordance with this regulation.

(2) For the form set out in Schedule 5 (birth entry) substitute the form set out in Schedule 6 to these Regulations.

(3) For the form set out in Schedule 6 (death entry) substitute the form set out in Schedule 7 to these Regulations.

(4) For the form set out in Schedule 7 (marriage entry) substitute the form set out in Schedule 8 to these Regulations.

(5) For the form set out in Schedule 8 (civil partnership entry) substitute the form set out in Schedule 9 to these Regulations.

DUNCAN MACNIVEN

Registrar General for Scotland

New Register House,

Edinburgh

16th September 2009

Approved by the Scottish Ministers

JIM MATHER

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th September 2009

Regulations 2(2) and 3(3)

SCHEDULE 1

Regulation 2(3)

SCHEDULE 2

Regulation 4(2)

SCHEDULE 3

Regulation 4(3)

SCHEDULE 4

Regulation 4(4)

SCHEDULE 5CIVIL PARTNERSHIP REGISTER PAGE

Regulation 5(2)

SCHEDULE 6BOOK OF SCOTTISH CONNECTIONS – BIRTH ENTRY

Regulation 5(3)

SCHEDULE 7BOOK OF SCOTTISH CONNECTIONS – DEATH ENTRY

Regulation 5(4)

SCHEDULE 8BOOK OF SCOTTISH CONNECTIONS – MARRIAGE ENTRY

Regulation 5(5)

SCHEDULE 9BOOK OF SCOTTISH CONNECTIONS – CIVIL PARTNERSHIP ENTRY

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Human Fertilisation and Embryology Act 2008 (c. 22) made provision for the parenthood of children born as a result of assisted reproduction. These Regulations amend forms relating to births to reflect those changes.

The Adoption and Children (Scotland) Act 2007 provides for adoptions by same-sex couples and these Regulations also amend forms relating to registration of adoptions to reflect this.

Regulations 2 to 5 amend forms in the Adopted Children Register and Parental Order Register (Form of Entry) (Scotland) Regulations 1995, the Registration of Foreign Adoptions (Scotland) Regulations 2003, the Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 2005 and the Book of Scottish Connections Regulations 2008.

Regulation 3 also amends the Registration of Foreign Adoptions (Scotland) Regulations 2003 so that foreign adoptions can only be registered if the parent or parents are habitually resident in Scotland.

(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).

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