The Registration Services (Fees, etc.) (Scotland) Amendment Regulations 2022

Scottish Statutory Instruments

2022 No. 68

Registration Of Births, Deaths & Marriages, Etc.

The Registration Services (Fees, etc.) (Scotland) Amendment Regulations 2022

Made

23rd February 2022

Laid before the Scottish Parliament

25th February 2022

Coming into force

1st May 2022

The Registrar General makes the following Regulations in exercise of the powers conferred by section 3(1) of the Marriage (Scotland) Act 1977(1) and section 88(2) of the Civil Partnership Act 2004(2), and all other powers enabling him to do so.

The Scottish Ministers have approved the making of these Regulations in accordance with section 25(1) of the Marriage (Scotland) Act 1977(3) and section 126(3) of the Civil Partnership Act 2004(4).

Citation and commencement

1.  These Regulations may be cited as the Registration Services (Fees, etc.) (Scotland) Amendment Regulations 2022 and come into force on 1 May 2022.

Amendment of the Registration Services (Fees, etc.) (Scotland) Regulations 2006

2.—(1) The Registration Services (Fees, etc.) (Scotland) Regulations 2006(5) are amended as follows.

(2) In schedule 3 (fees payable under the Marriage (Scotland) Act 1977 and the Civil Partnership Act 2004 – marriage and registration)—

(a) in Part I (fees payable under the Marriage (Scotland) Act 1977), in column 3, for “£30.00” substitute “£45.00”.

(b) in Part II (fees payable under the Civil Partnership Act 2004 – registration), in column 3, for “£30.00” substitute “£45.00”.

ROD BURNS

Deputy Registrar General for Scotland

New Register House,

Edinburgh

23rd February 2022

Approved by the Scottish Ministers

ANGUS ROBERTSON

A member of the Scottish Government

St Andrew’s House

Edinburgh

23rd February 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend fees payable under the Registration Services (Fees, etc.) (Scotland) Regulations 2006 in connection with services provided by District Registrars under the Marriage (Scotland) Act 1977 and the Civil Partnership Act 2004. The Regulations increase the fee payable on submission of a marriage notice or a notice of a proposed civil partnership from £30 to £45.

(1)

1977 c. 15 (“the 1977 Act”); section 3(1) was relevantly amended by section 50(2)(a) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) (“the 2006 Act”); section 26(1), read in conjunction with section 1 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) contains a definition of “Registrar General” relevant to the statutory powers under which these regulations are made; section 26(2) contains a definition of “prescribed” relevant to the statutory powers under which these regulations are made.

(2)

2004 c. 33; section 88(2) was amended by section 52(2)(b) of the 2006 Act; section 126(1) contains a definition of “prescribed” and section 135 contains a definition of “Registrar General” relevant to the statutory powers under which these regulations are made.

(3)

The functions of the Secretary of State under the 1977 Act were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

(4)

Section 126 was amended by section 24(20) of the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5).

(5)

S.S.I. 2006/575; relevant amending instruments are S.S.I. 2009/64 and S.S.I. 2010/92.