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The Registration Services (Fees, etc.) (Scotland) Amendment Regulations 2009

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Scottish Statutory Instruments

2009 No. 64

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC.

The Registration Services (Fees, etc.) (Scotland) Amendment Regulations 2009

Made

23rd February 2009

Laid before the Scottish Parliament

24th February 2009

Coming into force

1st April 2009

The Registrar General makes the following Regulations in exercise of the powers conferred by sections 37(1), 39D(1), 39E(3) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(1), sections 3(1) and 19(2) of the Marriage (Scotland) Act 1977(2), sections 88(2) and 95(4) of the Civil Partnership Act 2004(3), section 58(5) of the Local Electoral Administration and Registration Services (Scotland) Act 2006(4) and all other powers enabling him to do so.

The Scottish Ministers(5) have approved the making of these Regulations in accordance with section 54(1) of the 1965 Act, section 25(1) of the 1977 Act, section 126(3) of the 2004 Act and section 60(1) of the 2006 Act.

Citation and commencement

1.  These Regulations may be cited as the Registration Services (Fees, etc.) (Scotland) Amendment Regulations 2009 and come into force on 1st April 2009.

Amendments to the Registration Services (Fees, etc.) (Scotland) Regulations 2006

2.—(1) The Registration Services (Fees, etc.) (Scotland) Regulations 2006(6) are amended in accordance with paragraphs (2) to (4).

(2) In Part II of Schedule 2 (fees payable to district registrars for issue of extracts of entries in statutory registers and parochial registers) in column 3 of entries 1 and 2, for “£8.50” substitute “£9.00”.

(3) In Part I of Schedule 3 (fees payable under the Marriage (Scotland) Act 1977)–

(a)in column 3–

(i)for “£26.00” substitute “£28.00”; and

(ii)for “£46.50” substitute “£50.00”; and

(b)omit column 4.

(4) In Part II of Schedule 3 (fees payable under the Civil Partnership Act 2004 – registration)–

(a)in column 3–

(i)for “£26.00” substitute “£28.00”; and

(ii)for “£46.50” substitute “£50.00”; and

(b)omit column 4.

PAUL M PARR

Deputy Registrar General for Scotland

New Register House,

Edinburgh

19th February 2009

Approved by the Scottish Ministers

JIM MATHER

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd February 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend fees payable under the Registration Services (Fees, etc.) (Scotland) Regulations 2006 in connection with services provided under the Registration of Births, Deaths and Marriages (Scotland) Act 1965, the Marriage (Scotland) Act 1977, the Civil Partnership Act 2004 and the Local Electoral Administration and Registration Services (Scotland) Act 2006.

They increase the fees payable for extracts of entries in statutory and parochial registers (regulation 2(2)), submission of a marriage notice and a civil marriage ceremony (regulation 2(3)) and submission of a notice of a proposed civil partnership and registration of a civil partnership (regulation 2(4)). They omit column 4 of Parts I and II of Schedule 3 (fee formerly payable) because the extent of the current increase is shown in these Regulations.

(1)

1965 c. 49 (“the 1965 Act”); section 37 was substituted by and sections 39D and 39E were inserted by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (“the 2006 Act”), section 44. Section 1 of the 1965 Act contains a definition of “Registrar General” and section 56 of that Act contains a definition of “prescribed” relevant to the statutory powers under which these Regulations are made.

(2)

1977 c. 15 (“the 1977 Act”); section 3(1) was amended by the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16), Schedule 2, paragraph 3; section 26 contains a definition of “prescribed” relevant to the statutory powers under which these Regulations are made.

(3)

2004 c. 33; section 126(1) contains a definition of “prescribed” and section 135 contains a definition of “Registrar General” relevant to the statutory powers under which these Regulations are made.

(4)

2006 asp 14; section 60 contains and applies definitions of “prescribed” and “Registrar General” relevant to the statutory powers under which these Regulations are made.

(5)

The functions of the Secretary of State under the 1965 Act and the 1977 Act were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

(6)

S.S.I. 2006/575, as amended by S.S.I. 2007/531.

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