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Scottish Statutory Instruments

2016 No. 64

Registration Of Births, Deaths & Marriages, Etc.

The Registration Services (Fees, etc.) (Scotland) Amendment Regulations 2016

Made

28th January 2016

Laid before the Scottish Parliament

1st February 2016

Coming into force

1st September 2016

The Registrar General makes the following Regulations in exercise of the powers conferred by sections 28A(4), 38(2) and (3), 47 and 54(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(1), section 38 of that Act as applied by section 98 of the Civil Partnership Act 2004(2), section 122(4) of the Civil Partnership Act 2004(3), sections 55(6) and 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 have approved the making of these Regulations in accordance with section 54(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(5), section 126(3) of the Civil Partnership Act 2004 and section 60(1) of the Local Electoral Administration and Registration Services (Scotland) Act 2006.

Citation and commencement

1.  These Regulations may be cited as the Registration Services (Fees, etc.) (Scotland) Amendment Regulations 2016 and come into force on 1st September 2016.

Amendment of the Registration Services (Fees, etc.) (Scotland) Regulations 2006

2.—(1) The Registration Services (Fees, etc.) (Scotland) Regulations 2006(6) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “Internet search session”, for “30 computer screens or part screens” substitute “5 electronic images”.

(3) In Part 1 of Schedule 1 (searches in statutory registers and parochial registers), for “7.00” (fee for an Internet search)(7) each time it appears in column 3, substitute “7.50”.

Amendment of the Book of Scottish Connections Regulations 2008

3.—(1) The Book of Scottish Connections Regulations 2008(8) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “internet search session”, for “30 computer screens or part screens” substitute “5 electronic images”.

(3) In Schedule 9 (fees payable to Registrar General), for “7.00” (fee for an internet search)(9) in column 3, substitute “7.50”.

TIM ELLIS

Registrar General for Scotland

New Register House,

Edinburgh

27th January 2016

Approved by the Scottish Ministers

FIONA HYSLOP

A member of the Scottish Government

St Andrew’s House,

Edinburgh

28th January 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend fees payable to the Registrar General for internet searches under the Registration Services (Fees, etc.) (Scotland) Regulations 2006 (“the 2006 Regulations”) and the Book of Scottish Connections Regulations 2008 (“the 2008 Regulations”).

Regulation 2 amends the 2006 Regulations. Regulation 2(2) changes the definition of “Internet search session” in regulation 2(1) from being a session that ends after 1 year, or if sooner, after a person has retrieved 30 computer screens or part screens of index data, to being a session that ends after 1 year, or if sooner, after a person has retrieved 5 electronic images of index data. Regulation 2(3) amends Schedule 1 to increase the fees payable to the Registrar General for internet searches from £7.00 to £7.50.

Regulation 3 amends the 2008 Regulations. Regulation 3(2) amends the definition of “internet search session” in regulation 2(1) from being a session that ends after 1 year, or if sooner, after a person has retrieved 30 computer screens or part screens of index data, to being a session that ends after 1 year, or if sooner, after a person has retrieved 5 electronic images of index data. Regulation 3(3) amends Schedule 9 to increase the fee payable to the Registrar General for internet searches from £7.00 to £7.50. This search is in relation to the Book of Scottish Connections.

(1)

1965 c.49 (“the 1965 Act”); section 28A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), section 10(1); section 54(1) was amended by the Children Act 1975 (c.72), Schedule 4, Part III, and the Marriage (Scotland) Act 1977 (c.15), Schedule 3. 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)

2004 c.33 (“the 2004 Act”); section 98 was substituted by the Local Electoral Administration and Registration Services (Scotland) Act 2006, section 52(6).

(3)

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

(4)

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

(5)

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

(7)

The figure of 7.00 was substituted by S.S.I. 2010/427.

(9)

The figure of 7.00 was substituted by S.S.I. 2010/427.