Statutory Instruments

1997 No. 1680 (S. 127)

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES ETC

The Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 1997

Made

10th July 1997

Laid before Parliament

11th July 1997

Coming into force

1st August 1997

The Registrar General, in exercise of the powers conferred upon him by sections 28A(4), 38(2) and (3), 40(1), 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 1997 and shall come into force on 1st August 1997.

Interpretation

2.  In these Regulations–

“the principal Regulations” means the Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1997(2).

Amendment of the principal Regulations

3.  In regulation 2–

(a)in the definition of “general search” after the words “means a search,” there shall be inserted the words “(other than an Internet search)”;

(b)after the definition of “general search” there shall be inserted the following definitions:–

“Internet search” means a search, in the indexes to the statutory registers and in the indexes to the parochial registers made available on the Internet, made by any person by means of the Internet with the permission of the Registrar General.

“Internet search session” means the period of time beginning with the time at which a person has–

(a)

access to the indexes made available on the Internet; and

(b)

agreed to pay the prescribed fee for an Internet search session,

and ending–

(a)

24 hours after that time; or if sooner,

(b)

with the time at which that person has retrieved 30 computer screens or part screens of index data;.

(c)at the end there shall be added the following:–

, and any reference in these Regulations to an application made by post includes an application made by facsimile..

4.  After the entries numbered 1(b) and 2(b) in column 2 of Schedule 1 to the principal Regulations there shall be inserted the following entries in columns 2 and 4 of that Schedule–

(c)by electronic mail

15.00

5.  After the entry numbered 4 in column 2 of Schedule 1 to the principal Regulations there shall be inserted the following entries in column 2 and 4 of that Schedule–

4A Issue of extract of entry identified by an Internet search where application is made by electronic mail in the course of that search.

10.00

6.  After the entry numbered 5(b) in column 2 of Schedule 1 to the principal Regulations there shall be inserted the following entries in columns 2 and 4 of that Schedule:–

(c)by electronic mail

15.00

7.  After the entries numbered 9(b) and 10(b) in column 2 of Schedule 1 to the principal Regulations there shall be entered the following entries in columns 2 and 4 of that Schedule:–

(c)by electronic mail

7.00

8.  After the entry numbered 11 in column 2 of Schedule 1 to the principal Regulations there shall be inserted the following entries in columns 1, 2 and 4 of that Schedule:–

Sections 38(2) and 47

11A.  Internet search– per Internet search session

6.00

James Meldrum

Registrar General

New Register House,

Edinburgh

3rd July 1997

Approved by the Secretary of State for Scotland

Henry B McLeish

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

10th July 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1997 so as to introduce fees for certain new services with effect from 1st August 1997.

The Regulations provide that references to applications made by post include an application made by facsimile.

A new fee of £15.00 is prescribed in a case where a person applies by electronic mail for an extract of an entry or an abbreviated certificate of birth following a particular search of the statutory or parochial registers (regulations 4 and 6).

A new fee of £10.00 is prescribed for each extract of an entry which has been identified following a search on the Internet and which is ordered by electronic mail in the course of that search (regulation 5).

A new fee of £7.00 is prescribed in a case where a person applies by electronic mail for a particular search to be carried out in the indexes of the statutory or parochial registers (regulation 7).

A new fee of £6.00 is prescribed for a search on the Internet of the indexes to the statutory or parochial registers which the Registrar General has made available on the Internet (regulation 8).

(1)

1965 c. 49; section 28A was inserted by section 50(1) of the Law Reform (Miscellaneous Provision) (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. 1997/716.