The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997 No. 2348 (S. 157)

Statutory Instruments

1997 No. 2348 (S.157)

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC.

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

Made

24th September 1997

Coming into force

1st January 1998

The Registrar General, in exercise of the powers conferred upon him by sections 13(1), 16(1) and (2), 18(1) and (2), 18A(1), 19(2), 21(2), 21(4) and (5), 22(1), 24(1), 25(1) and (2), 27(1) and (3), 28A(3), 32(1), 40(2), 43(3), (4) and (5), 48, 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 under section 54 of that Act, hereby makes the following Regulations:

Citation and Commencement

1.  These Regulations may be cited as the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997 and shall come into force on 1st January 1998.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965;

“birth” does not include a still-birth;

“name” means Christian name or forename;

“district registrar” has the same meaning as in the Act;

“still-born child” means a child which has issued forth from its mother after the twenty-fourth week of pregnancy and which did not at any time after being completely expelled from its mother breathe or show any other signs of life; and the expression “still-birth” shall be construed accordingly.

(2) Any reference in these Regulations–

(a) to a numbered section is to a section bearing that number in the Act; and

(b) to a numbered Schedule is to a Schedule bearing that number in these Regulations.

Forms for use in connection with registration of births, still-births and deaths

3.  The register of births shall be comprised of forms in the style set out in Schedule 1 and the particulars concerning births required by section 13(1) to be registered shall be the particulars required for the completion of each such form.

4.  The register of still-births shall be comprised of forms in the style set out in Schedule 2 and the particulars concerning still-births required by section 13(1) to be registered shall be the particulars required for the completion of each such form.

5.  The notice prescribed for the purposes of section 16(1) shall be in the form set out in Schedule 3.

6.  The notice prescribed for the purposes of section 16(2) shall be in the form set out in Schedule 4.

7.  The abbreviated certificate of birth prescribed for the purposes of sections 19(2) and 40(1) shall be in the form set out in Schedule 5.

8.  The certificate prescribed for the purposes of section 21(2)(a) shall be in the form set out in Schedule 6.

9.  The declaration prescribed for the purposes of section 21(2)(b) shall be in the form set out in Schedule 7.

10.  The certificate prescribed for the purposes of section 21(4) shall be in the form set out in Schedule 8.

11.  The notice prescribed for the purposes of section 21(5) shall be in the form set out in Schedule 9.

12.  The register of deaths shall be comprised of forms in the style set out in Schedule 10 and the particulars concerning deaths required by section 22(1) to be registered shall be the particulars required for the completion of each such form.

13.  The certificate prescribed for the purposes of section 24(1) shall be in the form set out in Schedule 11.

14.  The notice prescribed for the purposes of section 25(1) shall be in the form set out in Schedule 12.

15.  The notice prescribed for the purposes of section 25(2) shall be in the form set out in Schedule 13.

16.  The certificate prescribed for the purposes of section 27(1) shall be in the form set out in Schedule 14.

17.  The notice prescribed for the purposes of section 27(3) shall be in the form set out in Schedule 15.

18.  The abbreviated certificate of birth prescribed for the purposes of section 40(2) shall be in the form set out in Schedule 16.

Forms for use in connection with registration of marriages

19.  The register of marriages shall be comprised of forms in the style set out in Schedule 17.

Forms for use in connection with changes of name or surname

20.  The certificate prescribed for the purposes of section 43(3) shall be in the form set out in Schedule 18.

21.  The application prescribed for the purposes of section 43(4) shall be in the form set out in Schedule 19.

22.  The application prescribed for the purposes of section 43(5) shall be in the form set out in Schedule 20.

Forms for use in connection with paternity of children

23.  The declaration prescribed for the purposes of section 18(1)(b)(i)(aa) shall be in the form set out in Schedule 21.

24.  The declaration prescribed for the purposes of section 18(1)(c)(i) shall be in the form set out in Schedule 22.

25.  The notice prescribed for the purposes of section 18(2) shall be in the form set out in Schedule 23.

Form of notice of import of decree of parentage or non-parentage

26.  The prescribed form of notice for the purposes of section 18A(1) shall be in the form set out in Schedule 24.

Form of the Register of Divorces

27.  The Register of Divorces shall comprise entries in respect of divorce and of declarator of nullity of marriage in the form of extracts, numbered by the Registrar General, of the relevant decrees.

Form for use in connection with the correction of errors, etc

28.  The Register of Corrections Etc. shall comprise insertions in the form set out in Schedule 25.

Forms for use in connection with alteration of status

29.  The notice prescribed for the purposes of section 48 shall–

(a) in respect of a decree of divorce or nullity of marriage be in the form of an extract of the decree;

(b) in the respect of a decree of declarator altering the status of a person be in the form set out in Schedule 26.

Revocations

30.  The Regulations specified in Schedule 27 are hereby revoked so far as still in force.

James Meldrum

Registrar General for Scotland

New Register House,

Edinburgh

22nd September 1997

Approved by the Secretary of State

Henry B McLeish

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

24th September 1997

Regulation 3

SCHEDULE 1

Regulation 4

SCHEDULE 2

Regulation 5 Form 3

SCHEDULE 3 LEGAL REQUIREMENT TO REGISTER A BIRTH NOTICE REQUIRING PERSONAL ATTENDANCE AT REGISTRATION OFFICE

Regulation 6 Form 4

SCHEDULE 4 LEGAL REQUIREMENT TO REGISTER BIRTH FINAL NOTICE

Regulation 7

SCHEDULE 5 Abbreviated CERTIFICATE of BIRTH

Regulation 8 Form 6

SCHEDULE 6 CERTIFICATE OF STILL-BIRTH

Regulation 9 Form 7

SCHEDULE 7 DECLARATION AS TO STILL-BIRTH

Regulation 10 Form 8

SCHEDULE 8 CERTIFICATE OF REGISTRATION OF STILL-BIRTH

Regulation 11 Form 9

SCHEDULE 9 NOTICE OF BURIAL OF STILL-BORN CHILD

Regulation 12

SCHEDULE 10

Regulation 13 Form 11

SCHEDULE 11 MEDICAL CERTIFICATE OF CAUSE OF DEATH

Regulation 14 Form 12

SCHEDULE 12 LEGAL REQUIREMENT TO REGISTER A DEATH NOTICE REQUIRING PERSONAL ATTENDANCE AT REGISTRATION OFFICE

Regulation 15 Form 13

SCHEDULE 13 LEGAL REQUIREMENT TO REGISTER A DEATH FINAL NOTICE

Regulation 16 Form 14

SCHEDULE 14 CERTIFICATE OF REGISTRATION OF DEATH

Regulation 17 Form 15

SCHEDULE 15 NOTICE OF BURIAL

Regulation 18

SCHEDULE 16 ABBREVIATED CERTIFICATE of BIRTH

Regulation 19

SCHEDULE 17

Regulation 20 Form 21

SCHEDULE 18 CERTIFICATE FOR RECORDING OF FORENAME(S) OR CHANGE OF FORENAME(S) OF CHILD UNDER TWELVE MONTHS OF AGE

Regulation 21 Form 23

SCHEDULE 19 APPLICATION FOR RECORDING OF CHANGE OF FORENAME(S) OR SURNAME(S) OF CHILD UNDER 16 YEARS OF AGE

Regulation 22 Form 24

SCHEDULE 20 APPLICATION FOR RECORDING OF CHANGE OF FORENAME(S) OR SURNAME(S) OR PERSON OVER 16 YEARS OF AGE

Regulation 23 Form 26

SCHEDULE 21 DECLARATION BY THE MOTHER OF A CHILD WHOSE PARENTS ARE NOT MARRIED TO EACH OTHER (AND HAVE NOT BEEN SO MARRIED SINCE THE CHILD'S CONCEPTION)

Regulation 24 Form 27

SCHEDULE 22 DECLARATION BY THE FATHER OF A CHILD WHOSE PARENTS ARE NOT MARRIED TO EACH OTHER (AND HAVE NOT BEEN SO MARRIED SINCE THE CHILD'S CONCEPTION)

Regulation 25 Form 25a

SCHEDULE 23 NOTICE OF IMPORT OF DECREE OF PATERNITY

Regulation 26 Form 25

SCHEDULE 24 NOTICE OF IMPORT OF DECREE OF DECLARATOR OF PARENTAGE/NON-PARENTAGE*ast;

Regulation 28

SCHEDULE 25 REGISTER OF CORRECTIONS ETC.

Regulation 29 Form 29

SCHEDULE 26 NOTICE OF IMPORT OF DECREE OF DECLARATOR ALTERING THE STATUS OF A PERSON

Regulation 30

SCHEDULE 27 REVOCATIONS

(1)	(2)
Regulations revoked	References
The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1965((2)	S.I. 1965/1839
The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1971((3)	S.I. 1971/1158
The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1984((4)	S.I. 1984/43
The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1984((5)	S.I. 1984/266
The Registration of Births, Deaths, Marriages, Etc. (Prescription of Forms) (Scotland) Amendment Regulations 1986	S.I. 1986/21
The Registration of Births, Deaths, Marriages, Etc. (Prescription of Forms) (Scotland) Amendment Regulations 1986	S.I. 1986/1984
The Registration of Births, Deaths, Marriages, Etc. (Prescription of Forms) (Scotland) Amendment Regulations 1990	S.I. 1990/85
The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment (No.2) Regulations 1992	S.I. 1992/2186
The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1994((6)	S.I. 1994/3151
The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1995	S.I. 1995/3157
The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1997	S.I. 1997/512

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate with only minor drafting amendments and revoke the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1965 and the Regulations amending those Regulations. Minor amendments include changes to the style and layout of the forms.

(1)

1965 c. 49; section 18 was amended by sub-paragraphs (2) and (3), and section 18A inserted by sub-paragraph (4), of paragraph 8 of Schedule 1 to the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9); section 28A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 50(1); section 32(1) was amended by the Marriage (Scotland) Act 1977 (c. 15), Schedule 2, paragraph 8; in section 40(2), the references to “the Adopted Children Register maintained under section 22(1) of the Adoption Act 1958” and to “adoption” are to be read, in relation to parental orders and applications for such orders, in accordance with paragraph 2(1) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994 (S.I. 1994/2804); 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)

Partially revoked by S.I. 1984/266 and 1997/512.

(3)

Partially revoked by S.I. 1984/266, 1994/3151 and 1995/3157.

(4)

Partially revoked by S.I. 1992/2186.

(5)

Partially revoked by S.I. 1986/21.

(6)

Partially revoked by S.I. 1995/3157 and 1997/512.