Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

50 Registration of divorces and declarators of nullity of marriage. S

(1) After section 28 of the M1 Registration of BIrths, Deaths and Marriages (Scotland) Act 1965 there shall be inserted the following section—

“28A Registration of divorces and declarators of nullity of marriage.

(1) The Registrar General shall maintain at the General Register Office a registeer of decrees of divorce and of declarator of nullity of marriage (which register shall be known as the “Register of Divorces”).

(2) The Register General shall cause to made and kept at the General Register Office an alphabetical index of the entries in the Register of Divorces (in this section referred to as “the index”.

(3) The Register of Divorces shall be in such form as may be precsribed.

(4) On payment to him of such fee or fees as may be prescribed, the Register General shall, at any time when the General Register Office is open for that purpose—

(a) cause a search of the index to be made on behalf of any person or permit that person to search the index himself ;

(b) issue to any person an extract of any entry in the Register of Divorces which that person may require.

(5) An extract of an entry in the Register of Divorces shall be sufficient evidence of the decree of divorce or, as the case may be, of declarator of nullity of marriage to which it relates.

(6) The Register Genral may delete or amend any entry in the Register of Divorces or substitute another for it.

(7) In this section, references to decrees of divorce are references to decrees thereof of the Court of Session or the sheriff and references to decrees of declarator of nullity of marriage are references to decrees thereof of the Court of Session.”.

(2) In section 48 of he said Act of 1965 (decreees altering status to be notified to Registrar General) after the words “be made”, where secondly occurring, there shall be inserted—

“(a) where the decree is of divorce or of declarator of nullity of marriage, in the Register of Divorces ; and

(b) in any other case,”.

(3) Any entry made in the Register of Corrections Etc. between 1st May 1984 and the date of the coming into force of this section which could have been made after the latter date in the Register of Divorces shall be treated as an entry in the Register of Divorces.

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Marginal Citations

M1 1965 c. 49.