Children (Scotland) Act 1995

12(1)The Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be amended in accordance with this paragraph.S

(2)In section 20(3)(a) (re-registration of birth of person under sixteen), for sub-paragraphs (i) and (ii) substitute “ , by any person (whether or not he has himself attained the age of sixteen years) having parental responsibilities in relation to that person; ”.

(3)In section 43 (recording of baptismal name or change of name or surname)—

(a)in subsection (3), the words from “In this” to the end shall cease to have effect;

(b)in subsections (6)(a) and (7), for the words “the parent or guardian” substitute “ the qualified applicant ”;

(c)after subsection (9) insert—

(9A)In this section “qualified applicant” means—

(a)where only one parent has parental responsibilities in relation to the child, that parent;

(b)where both parents have such responsibilities in relation to the child, both parents; and

(c)where neither parent has such responsibilities, any other person who has such responsibilities.

(9B)A person may be a qualified applicant for the purposes of this section whether or not he has attained the age of sixteen years; and

(d)subsection (10) shall cease to have effect.

(4)In section 53(3)(c) (offence of failure by parent to give information concerning birth), after the word “fails” insert “ without reasonable excuse ”.

(5)In section 56(1) (interpretation), after the definition of “parentage” insert—

parental responsibilities” has the meaning given in section 1(3) of the Children (Scotland) Act 1995;