2009 No. 314
Registration Of Births, Deaths, Marriages,etc.

The Registration Services (Prescription of Forms) (Scotland) Regulations 2009

Made
Laid before the Scottish Parliament
Coming into force
The Registrar General makes the following Regulations in exercise of the powers conferred by the Adoption and Children (Scotland) Act 20071, Schedule 1, paragraphs 1(1) and 6(4), the Adoption (Scotland) Act 19782, Schedule 1, paragraph 1(1), the Civil Partnership Act 20043 sections 88(1) and (5), 94 and 95(3), the Local Electoral Administration and Registration Services (Scotland) Act 20064, section 55(2) and all other powers enabling him to do so.
The Scottish Ministers5 have approved the making of these Regulations in accordance with the Adoption (Scotland) Act 1978, section 60(6), the Adoption and Children (Scotland) Act 2007, Schedule 1, paragraph 1(1), the Civil Partnership Act 2004, section 126(3) and the Local Electoral Administration and Registration Services (Scotland) Act 2006, section 60(1).

Citation and commencement1.

These Regulations may be cited as the Registration Services (Prescription of Forms) (Scotland) Regulations 2009 and come into force on 12th October 2009.

Amendment of the Adopted Children Register and Parental Order Register (Form of Entry) (Scotland) Regulations 19952.

(1)

The Adopted Children Register and Parental Order Register (Form of Entry) (Scotland) Regulations 19956 are amended in accordance with this regulation.

(2)

For the form set out in Schedule 1 (adopted children register entry) substitute the form set out in Schedule 1 to these Regulations.

(3)

For the form set out in Schedule 2 (parental order register entry) substitute the form set out in Schedule 2 to these Regulations.

Amendment of the Registration of Foreign Adoptions (Scotland) Regulations 20033.

(1)

The Registration of Foreign Adoptions (Scotland) Regulations 20037 are amended in accordance with this regulation.

(2)

After regulation 2 insert—

“Registrable foreign adoption2A.

For the purposes of paragraph 6(5) of schedule 1 to the Adoption and Children (Scotland) Act 2007 (meaning of “registrable foreign adoption”), the requirement is that at the time the Convention or overseas adoption is effected the adoptive parent, or in the case of a couple, both adoptive parents, are habitually resident in Scotland.”.

(3)

For the form set out in the Schedule (form of entry in the adopted children register) substitute the form set out in Schedule 1 to these Regulations.

Amendment of the Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 20054.

(1)

The Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 20058 are amended in accordance with this regulation.

(2)

For the form set out in Schedule 1 (civil partnership notice) substitute the form set out in Schedule 3 to these Regulations.

(3)

For the form set out in Schedule 2 (civil partnership schedule) substitute the form set out in Schedule 4 to these Regulations.

(4)

For the form set out in Schedule 3 (civil partnership register page) substitute the form set out in Schedule 5 to these Regulations.

Amendment of the Book of Scottish Connections Regulations 20085.

(1)

The Book of Scottish Connections Regulations 20089 are amended in accordance with this regulation.

(2)

For the form set out in Schedule 5 (birth entry) substitute the form set out in Schedule 6 to these Regulations.

(3)

For the form set out in Schedule 6 (death entry) substitute the form set out in Schedule 7 to these Regulations.

(4)

For the form set out in Schedule 7 (marriage entry) substitute the form set out in Schedule 8 to these Regulations.

(5)

For the form set out in Schedule 8 (civil partnership entry) substitute the form set out in Schedule 9 to these Regulations.

DUNCAN MACNIVEN
Registrar General for Scotland

New Register House,

Edinburgh

Approved by the Scottish Ministers

JIM MATHER
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

SCHEDULE 1

Regulations 2(2) and 3(3)

SCHEDULE 2

Regulation 2(3)

SCHEDULE 3

Regulation 4(2)

SCHEDULE 4

Regulation 4(3)

SCHEDULE 5CIVIL PARTNERSHIP REGISTER PAGE

Regulation 4(4)

SCHEDULE 6BOOK OF SCOTTISH CONNECTIONS – BIRTH ENTRY

Regulation 5(2)

SCHEDULE 7BOOK OF SCOTTISH CONNECTIONS – DEATH ENTRY

Regulation 5(3)

SCHEDULE 8BOOK OF SCOTTISH CONNECTIONS – MARRIAGE ENTRY

Regulation 5(4)

SCHEDULE 9BOOK OF SCOTTISH CONNECTIONS – CIVIL PARTNERSHIP ENTRY

Regulation 5(5)

EXPLANATORY NOTE
(This note is not part of the Regulations)

The Human Fertilisation and Embryology Act 2008 (c. 22) made provision for the parenthood of children born as a result of assisted reproduction. These Regulations amend forms relating to births to reflect those changes.

The Adoption and Children (Scotland) Act 2007 provides for adoptions by same-sex couples and these Regulations also amend forms relating to registration of adoptions to reflect this.

Regulations 2 to 5 amend forms in the Adopted Children Register and Parental Order Register (Form of Entry) (Scotland) Regulations 1995, the Registration of Foreign Adoptions (Scotland) Regulations 2003, the Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 2005 and the Book of Scottish Connections Regulations 2008.

Regulation 3 also amends the Registration of Foreign Adoptions (Scotland) Regulations 2003 so that foreign adoptions can only be registered if the parent or parents are habitually resident in Scotland.