2007 No. 52
REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC.

The Registration Services (Miscellaneous Provisions) (Scotland) Regulations 2007

Made
Coming into force
The Registrar General, in exercise of the powers conferred by sections 20(1), 28A(3), 39E(4), 44(4), 54(1)(b) and 54A(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 19651 and of all other powers enabling him in that behalf, and with the approval of the Scottish Ministers2 in accordance with section 54(1) of that Act, makes the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Registration Services (Miscellaneous Provisions) (Scotland) Regulations 2007 and shall come into force on 1st March 2007.

Amendment of the Registration of Births, Deaths and Marriages (Miscellaneous Provisions) (Scotland) Regulations 19652.

(1)

The Registration of Births, Deaths, Marriages (Miscellaneous Provisions) (Scotland) Regulations 19653 are amended in accordance with this regulation.

(2)

At the end of regulation 2(1), add

  • “; and

  • “written authority” includes authority sent as an electronic document which has been recorded and is consequently capable of being reproduced.”.

(3)

In regulation 3 (re-registration of births)–

(a)

in paragraph (1), after “except”, insert “under the Registration of Births, Deaths and Marriages (Re-registration (Scotland) Regulations 20074 or”; and

(b)

in paragraph (2), omit “so authorised”.

(4)

For regulation 6(2) substitute–

“(2)

The registrar shall enter in the register–

(a)

the particulars included in the written authority of the Registrar General; or

(b)

the particulars required as a consequence of re-registration under the Registration of Births, Deaths and Marriages (Re-registration (Scotland) Regulations 2007.

(3)

The registrar shall append to the signature of the informant the qualification of the informant and the date of re-registration and the registrar shall sign the entry.”.

(5)

In regulations 9, 10, 11 and 12, for “abbreviated certificate” each time it occurs, substitute “abbreviated extract”.

(6)

In regulation 12, omit “certificate or”.

Register of Divorces – extracts received in electronic form3.

In the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 19975–

(a)

regulation 27 (form of the Register of Divorces) becomes paragraph (1), and

(b)

after that paragraph, insert–

“(2)

Such extracts may be copies of extracts received in electronic form from the Court of Session or the sheriff court.”.

Particulars contained in abbreviated extracts of birth4.

In regulation 4 (form etc. of abbreviated extracts of birth) of the Registration of Births, Still births, Deaths and Marriages (Prescription of Forms and Errors) (Scotland) Regulations 20066–

(a)

after “register of births” insert “or in the Adopted Children Register7”; and

(b)

for paragraph (g), substitute–

“(g)

where the person was born or (for an extract based on information contained in the Adopted Children Register) country of birth.”.

PAUL M PARR
Deputy Registrar General for Scotland

New Register House,

Edinburgh

Approved by the Scottish Ministers

GEORGE LYON
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations amend the Registration of Births, Deaths and Marriages (Miscellaneous Provisions) (Scotland) Regulations 1965 (“the 1965 Regulations”) to make amendments which are consequential on the Registration of Births, Deaths and Marriages (Re-registration (Scotland) Regulations 2007 which allow district registrars to re-register births in certain circumstances (regulation 2(3)).

The Regulations make further minor amendments to the 1965 Regulations as set out in regulation 2(2) and (4) to (6), including enabling electronic authorisation by the Registrar General.

Regulation 3 provides that entries in the Register of Divorces which are held in the form of numbered extract Court of Session or sheriff court decrees under the Registration of Births, Still births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997 may comprise copies of such extracts received in electronic form.

Regulation 4 corrects the prescribed particulars to be contained in abbreviated extracts of birth.

A Regulatory Impact Assessment has not been produced for this instrument as it has no impact on costs to business.