The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1997

Statutory Instruments

1997 No. 512 (S.35)

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC.

The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1997

Made

20th February 1997

Coming into force

1st April 1997

The Registrar General, in exercise of the powers conferred upon him by sections 43(3) and (4), section 54(1)(b) 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, commencement and interpretation

1.—(1) These Regulations may be cited as the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1997 and shall come into force on 1st April 1997.

(2) In these Regulations, “the principal Regulations” means the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1965(2).

Amendment of the principal Regulations

2.  For regulation 20 of the principal Regulations there shall be substituted the following regulation—

“20.   The certificate prescribed for the purposes of section 43(3) of the Act (recording of name or change of name of child under twelve months of age) shall be in the form set out in Schedule 21 to these Regulations”.

3.  For the form set out in Schedule 21 to the principal Regulations there shall be substituted the form set out in Schedule 1 to these Regulations.

4.  For the form set out in Schedule 23 to the principal Regulations there shall be substituted the form set out in Schedule 2 to these Regulations(3).

Revocations

5.—(1) Regulation 21 of and Schedule 22 to the principal Regulations are hereby revoked.

(2) Regulation 5 of and Schedule 2 to the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1994(4) are hereby revoked.

James Meldrum

Registrar General for Scotland

New Register House,

Edinburgh

18th February 1997

Approved by the Secretary of State

James Douglas Hamilton

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

20th February 1997

Regulation 3

SCHEDULE 1

Form 21

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Regulation 4

SCHEDULE 2

Form 23

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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1965 (“the principal Regulations”).

Regulations 2 and 3 and Schedule 1 to these Regulations substitute a new form of the certificate which requires to be signed for the purposes of section 43(3) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (“the Act”), (recording of name or change of name of child under twelve months of age).

The new form replaces the existing forms which were prescribed by virtue of regulations 20 and 21 and Schedules 21 and 22 to the principal Regulations. As a consequence of this regulation 21 of and Schedule 22 to the principal Regulations are revoked.

Regulation 4 of and Schedule 2 to these Regulations substitute a new form for the application which is made under section 43(4) of the Act by a qualified applicant for recording a change of name or surname of a child under 16 years of age. As a consequence of this regulation 5 of and Schedule 2 to the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1994 are revoked.

The changes made to the forms of the certificate and for the application are mainly consequential on the provisions of the Children (Scotland) Act 1995 which amended the definition of “qualified applicant” in section 43(3) of the Act. The other changes which have been made are minor alterations to their style and layout.

(1)

1965 c. 49; section 43 was repealed in part by the Age of Legal Capacity (Scotland) Act 1991 (c. 50), Schedule 2 and amended and repealed in part by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 12 and Schedule 5; section 56 contains a definition of “prescribed” relevant to the exercise of statutory powers under which these Regulations are made.

(2)

S.I. 1965/1839; the relevant amending instrument is S.I. 1994/3 151.

(3)

The form set out in Schedule 23 was substituted by regulation 5 of and Schedule 2 to S.I. 1994/3151.

(4)

S.I. 1994/3151.