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SCHEDULES

SCHEDULE 13Registration of deaths and still-births

PART 2Scotland

Interpretation

10(1)In this Part of this Schedule “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

(2)Expressions used in this Part of this Schedule and in the 1965 Act have the same meaning as in that Act.

Information concerning deaths

11A funeral director may for the purposes of section 23(1) of the 1965 Act give information concerning the death of a person if the funeral director—

(a)is responsible for the arrangement of the deceased’s funeral, and

(b)is authorised by a relative of the deceased to give information concerning the death.

Giving information other than in person

12(1)A person who is required under the 1965 Act to give information about a death or still-birth to the district registrar for a registration district may give the information to the registrar—

(a)by telephone, or

(b)by any other methods specified in guidance by the Registrar General,

if the person is unable to attend the registrar personally.

(2)A person is to be treated as unable to give information for the purposes of sub-paragraph (1) if it would be unreasonable for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the district registrar’s office or any other reason).

(3)Where information is given under sub-paragraph (1)

(a)if an approved digital means of attesting the death registration form or, as the case may be, register is available for the person providing the information (“the informant”) to use, the informant may attest the death registration form or, as the case may be, register by that means;

(b)otherwise—

(i)the informant must provide such details as to the informant’s usual signature as the district registrar may require, and

(ii)if satisfied with those details, the registrar may in a manner specified in guidance by the Registrar General attest the death registration form or, as the case may be, register on behalf of the informant.

(4)For the purpose of sub-paragraph (3), “an approved digital means of attesting” is a means specified for that purpose in guidance issued by the Registrar General.

Delivery of documents by alternative methods

13(1)Any relevant document may be given or delivered by any electronic or other means specified in guidance issued by the Registrar General.

(2)“Relevant document” means a document relating to a death or still-birth that is required or permitted by or under the 1965 Act.

Guidance

14The Registrar General may vary or revoke any guidance issued under this Part of this Schedule.

Transitional provision

15Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.

16(1)This paragraph applies where, during any period for which paragraph 13 has effect, a person gives or delivers a relevant document in reliance on that paragraph.

(2)The person must give, deliver or send the document in accordance with the 1965 Act as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.

(3)The Registrar General may give a direction—

(a)setting a later deadline than the one specified in sub-paragraph (2), or

(b)dispensing with the duty under sub-paragraph (2).

(4)A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.

(5)A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.

(6)A district registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—

(a)setting a later deadline than the one specified in sub-paragraph (2), or

(b)dispensing with the duty under sub-paragraph (2).

(7)In this paragraph “relevant document” has the same meaning as in paragraph 13.