The Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 1995

Statutory Instruments

1995 No. 646 (S.52)

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC.

The Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 1995

Made

7th March 1995

Laid before Parliament

10th March 1995

Coming into force

1st April 1995

The Registrar General, in exercise of the powers conferred upon him by sections 28(A)(4), 38(2) and (3), 47, 54(1) and 56 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(1), and of all other powers enabling him in that behalf, and with the approval of the Secretary of State, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 1995 and shall come into force on 1st April 1995.

Interpretation

2.  In these Regulations—

“the principal Regulations” means the Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1993(2).

Amendment of the principal Regulations

3.  After regulation 3 of the principal Regulations there shall be inserted the following regulation:—

“Priority handling fee

3A.   Subject to regulation 5 where—

(a) a person applies for a service which is described in the entry numbered 1 or 3 in column 2 of Schedule 1 to these Regulations;

(b) the application is made

(i) in person before 1300 hours and the person requests that the extract be issued after 1600 hours on the same day; or

(ii) in person after 1300 hours and the person requests that the extract be issued after 1000 hours on the next working day following the application; or

(iii) by post and the person requests that the extract be issued by post on the next working day following receipt of the application; and

(c) the Registrar General considers that the request can reasonably be complied with,

then, in addition to the amount specified in column 4 of that Schedule as the fee payable for that service, a further fee of £10 per extract issued shall be payable, but, if the extract is not issued within the time requested, the further fee shall be refunded.”.

4.  In the entry numbered 11 in column 2 of Schedule 1 to the principal Regulations (general search in both the parochial registers and in the indexes to the statutory registers), there shall be substituted, for the words “(b) in any other case” in that column to the end of that entry (including the corresponding entries in columns 3 and 4 of that Schedule), the following entries(3):—

“(b) in any other case—

Per afternoon or part thereof (being any time after 1300 hours)	Not applicable	9
Per day or part thereof	16	16
Per week	60	60
Per 4 weeks	185	200
Per quarter	420	455
Per year	1,250	1,350”.

James Meldrum

Registrar General

New Register House,

Edinburgh

27th February 1995

Approved by the Secretary of State

Fraser of Carmyllie

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

7th March 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1993 so as to introduce fees for certain new services and to increase certain fees with effect from 1st April 1995.

A new fee is prescribed in a case where a person applies for certain services and requests that an extract be issued within a specified period. The fee will be refunded if the extract is not issued within the time requested (regulation 3). An afternoon fee is introduced for an inclusive general search in the parochial registers and in the indexes to the statutory registers provided under the Registration of Births, Deaths and Marriages (Scotland) Act 1965. The four-week fee for searches in those registers is increased from £185 to £200, the fee per quarter from £420 to £455 and the fee per year from £1250 to £1350 (regulation 4).

(1)

1965 c. 49; section 28(A) was inserted by section 50(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73); section 54(1) was amended by the Children Act 1975 (c. 72), Schedule 4, Part III and by the Marriage (Scotland) Act 1977 (c. 15), Schedule 3; section 56 contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

S.I. 1993/3153.

(3)

The entries in column 3 of Schedule 1 to S.I. 1993/3153 as substituted by this regulation show the amounts which were payable under S.I. 1993/3153 before 1st April 1995.