The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 2015

Scottish Statutory Instruments

2015 No. 180

Registration Of Births, Deaths & Marriages, Etc.

The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 2015

Made

22nd April 2015

Laid before the Scottish Parliament

24th April 2015

Coming into force

13th May 2015

The Registrar General makes the following Regulations in exercise of the powers conferred by sections 21(2), 21(4), 27(1) and 54(1)(b) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(1) and all other powers enabling him to do so.

In accordance with section 54(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(2), the Scottish Ministers have approved the making of these Regulations.

Citation and commencement

1.  These Regulations may be cited as the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 2015 and come into force on 13th May 2015.

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

2.—(1) The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997(3) are amended as follows.

(2) For the form set out in Schedule 6 (Certificate of Still-birth), substitute the form set out in Schedule 1 to these Regulations.

(3) For the form set out in Schedule 8 (Certificate of Registration of Still-birth), substitute the form set out in Schedule 2 to these Regulations.

(4) For the form set out in Schedule 14 (Certificate of Registration of Death), substitute the form set out in Schedule 3 to these Regulations.

TIM ELLIS

Registrar General for Scotland

New Register House,

Edinburgh

22nd April 2015

Approved by the Scottish Ministers

FIONA HYSLOP

A member of the Scottish Government

St Andrew’s House,

Edinburgh

22nd April 2015

Regulation 2(2)

SCHEDULE 1 Form 6

Regulation 2(3)

SCHEDULE 2 Form 8

Regulation 2(4)

SCHEDULE 3 Form 14

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 1997 (S.I. 1997/2348, “the principal Regulations”). Regulation 2 of these Regulations substitutes a revised “Certificate of Still-birth” for the form prescribed in Schedule 6 to the principal Regulations; a revised “Certificate of Registration of Still-birth” for the form prescribed in Schedule 8 to the principal Regulations; and a revised “Certificate of Registration of Death” for the form prescribed in Schedule 14 to the principal Regulations.

The revised Form 6 prescribes additional medical information to be included about the still-born child, namely the presence of any hazards. The definition of still-birth has been removed and is provided for in the guidance referred to in the Form. The Form prescribes that the certifying doctor or midwife must identify whether they were present or not present at the still-birth. In the previous version of the Form, the certifying doctor or midwife required to indicate whether they were present at the still-birth or whether they examined the body of the still-born child. The Form also prescribes that the certifying doctor or midwife must advise whether the still-birth was reported to the Procurator Fiscal. The Form prescribes certain other additional information including General Medical Council/Nursing and Midwifery Council (GMC/NMC) numbers and contact details for the certifying doctor or midwife to increase identification of, and enhance communication with, certifying medical professionals by others who may need to contact them, such as funeral industry staff. The Form includes the addition of a line about the sex of the child. The Form further requires additional information on the mother and location of the still-birth and any extra information that may be relevant to facilitate improved public health information and statistics around still-birth. The layout of the Form has also been improved for ease of completion.

The revised Form 8 prescribes additional medical information to be included about the still-born child, namely the presence of any hazards.

The revised Form 14 prescribes additional medical information to be included about the deceased, namely the presence of any hazards.

The revised Forms effect the changes in the law from the Certification of Death (Scotland) Act 2011.

(1)

1965 c.49; section 21(2) was amended by section 40(2) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) (“the 2006 Act”), sections 26(1) and 27(a) of the Certification of Death (Scotland) Act 2011 (asp 11), and section 24(2) and paragraph 12 of Schedule 7 to the Nurses, Midwives and Health Visitors Act 1979 (c.36); section 21(4) was amended by section 40(4) of the 2006 Act; section 27(1) was amended by section 42(8)(a) of the 2006 Act. Section 56(1) contains a definition of “prescribed” relevant to the exercise of the powers under which these Regulations are made, and section 1 contains a definition of “Registrar General” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

The functions of the Secretary of State under the 1965 Act were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.45).

(3)

S.I. 1997/2348; relevant amending instruments are S.I. 1999/104; S.S.I. 2005/595 and S.S.I. 2009/315.