Registration of Births, Deaths and Marriages (Scotland) Act 1965

Part I S General Organisation of Registration Service

Central Organisation S

1 The Registrar General. S

(1) The office of the Registrar General of Births, Deaths and Marriages for Scotland shall continue, and any vacancy in that office shall be filled by an appointment made by the [F1 Scottish Ministers].

(2) References in this Act to the Registrar General are references to the person for the time being holding the said office.

(3) The Registrar General shall exercise the functions pertaining to the said office by virtue of this or any other Act; and subject to that general duty, shall have power to do all such things as appear to him necessary or expedient for maintaining the utility and efficiency of the registration service in Scotland.

(4) The Registrar General shall send to the Secretary of State annually, in such form as the Secretary of State may from time to time require, a report containing the numbers of births, deaths and marriages registered in Scotland in the year to which the report relates and such other information as the Registrar General thinks expedient or the Secretary of State may require; and the Secretary of State shall lay every such report before each House of Parliament.

Textual Amendments

F1 Words in s. 1(1) substituted (1.7.1999) by 1998 c. 46, s. 125, Sch. 8 para. 12 (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)

2 Registrar General’s staff. S

(1) The Registrar General may appoint a Deputy Registrar General and F2 . . ., such other officers including district examiners as he may determine.

(2) Any officer employed at the commencement of this Act under the Registrar General for the purposes of any other enactment or of any enactment repealed by this Act shall be deemed to have been appointed in pursuance of the power conferred by the foregoing subsection.

(3) Any act or thing required by or under any enactment to be done by, to or before the Registrar General may be done by, to, or before the Deputy Registrar General.

Textual Amendments

F2 Words in s. 2(1) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 37(2), Pt. IV

3 General Register Office. S

(1) There shall be maintained for the purposes of this Act premises which shall be known as the General Register Office of Births, Deaths and Marriages in Scotland (in this Act referred to as “the General Register Office”).

(2) Any registers in the custody of the Registrar General by virtue of this or any other Act shall be kept and preserved in the General Register Office.

(3) The Registrar General may, with the approval of the [F3 Scottish Ministers], direct that any other premises shall be used for the deposit of any registers or records in the custody of the Registrar General by virtue of this or any other Act, and such premises, so long as they are so used, shall be deemed for the purposes of the last foregoing subsection to be part of the General Register Office.

Textual Amendments

F3 Words in s. 3(3) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 37(3)

F4 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F4 S. 4 repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 37(4), Pt. IV

Local Organisation S

[F5 5 Registration districts and local registration authorities S

(1) For the purposes of this Act, the area of each local authority shall be a registration district.

(2) There shall be a local registration authority for each registration district.

(3) The local registration authority for a registration district shall be the local authority whose area comprises that district.]

Textual Amendments

F5 S. 5 substituted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 37(2), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F6 6 Alteration of registration districts. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 6 repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 37(3), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

7 Senior and district registrars and other staff. S

(1) Subject to the following provisions of this section a local registration authority shall appoint for [F7 their registration district] a registrar of births, deaths and marriages (in this Act referred to as a “district registrar”), and may appoint—

(a) such additional district registrars for [F8 their registration district] as they think necessary;

(b) one or more senior registrars of births, deaths and marriages (in this Act referred to as “senior registrars”);

(c) such assistant registrars of births, deaths and marriages (in this Act referred to as “assistant registrars”) for [F9 their registration district] or for the purposes of section 9(1) of this Act as they think necessary.

A senior registrar appointed under paragraph (b) of this subsection may be a person who already holds the appointment of district registrar.

(2) A local registration authority shall not exercise the power conferred on them by paragraph (a) or (b) of the foregoing subsection except after consultation with the Registrar General, and on making an appointment under this section shall forthwith inform the Registrar General of the name and surname of the person appointed and the date when his appointment is to take effect.

(3) No person shall be appointed to any office mentioned in subsection (1) or (8) of this section unless he possesses the appropriate qualifications.

(4) Any person who at the commencement of this Act holds the appointment of a registrar, interim registrar or an assistant registrar under any council which is a local registration authority shall be deemed to hold his appointment, as a district registrar, an additional district registrar, interim district registrar or an assistant registrar, as the case may be, under that local registration authority by virtue of this section, whether or not he possesses the appropriate qualifications.

(5) Any person holding, or deemed to be holding, an appointment under this section shall have the functions set out in this Act and such functions as may be prescribed in relation to that appointment, and in exercising his functions under this or any other Act shall be subject to such instructions or directions as the Registrar General may give.

(6) Without prejudice to the last foregoing subsection . . . F10 any person holding, or deemed to be holding, an appointment under this section shall be deemed to be an employee of the local registration authority by whom he was appointed to that appointment.

(7) Any person holding, or deemed to be holding, an appointment under this section may be removed from office by the local registration authority under which he holds the appointment:

F11 ...

(8) If a vacancy occurs in the office of district registrar for [F12 their] registration district the local registration authority shall, if for any reason they are unable to fill the vacancy immediately,—

(a) forthwith appoint an interim district registrar, and

(b) proceed to fill the vacancy as soon as is reasonably practicable;

and if the local registration authority fail to fill the vacancy within a reasonable time, the Registrar General may require the authority to do so within such period, being not less than twenty-eight days from the date of the giving of the requirement, as may be specified in the requirement, and, if the authority fail to fill the vacancy within that period, the vacancy shall be filled by the Secretary of State on the application of the Registrar General.

Any person appointed by the Secretary of State under this subsection to fill a vacancy shall be deemed to have been appointed by the local registration authority concerned.

(9) A local registration authority shall provide such officers and servants as are, in their opinion, required to enable any person holding, or deemed to be holding, an appointment under this section to exercise his functions.

(10) Any person holding, or deemed to be holding, an appointment under this section and any person employed by virtue of the last foregoing subsection shall receive from the local registration authority such remuneration and allowances as that authority after consultation with the Registrar General may determine.

(11) (a) The Secretary of State may by regulations provide for the payment by a local registration authority, subject to such exceptions or conditions as may be specified in the regulations, of compensation to or in respect of any person holding or deemed to be holding an appointment under this section or any officer or servant provided under subsection (9) of this section, or any person who, but for such service of his as may be so specified, would be such a person, officer or servant as aforesaid, who suffers loss of employment or loss or diminution of emoluments which is attributable to any provision contained in this Act F13 ... or anything done in pursuance of this Act F13 ....

(b) Different regulations may be made under this subsection in relation to different classes of persons.

(c) Regulations made under this subsection may include provision as to the manner in which and the persons to whom any claim for compensation by virtue of this subsection is to be made, and for the determination of all questions arising under the regulations.

(d) Regulations made under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12) Any reference in this Act or any other Act to the district registrar for a registration district includes, unless the context otherwise requires, a reference to any additional district registrar or interim district registrar for that district; and anything required by this Act or any other Act to be done by or before the district registrar for a registration district may be done by or before any assistant registrar for that district.

(13) In this section “appropriate qualifications”, in relation to any appointment, means such qualifications as the Registrar General may from time to time determine, and “appointment under this section” means an appointment under subsection (1) or (8) of this section.

Textual Amendments

F7 Words in s. 7(1) substituted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 37(4)(a), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F8 Words in s. 7(1)(a) substituted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 37(4)(b), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F9 Words in s. 7(1)(c) substituted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 37(4)(c), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F10 Words repealed by S.I. 1974/812, Sch. 17 Pt. II

F11 Words in s. 7(7) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 59(1)(a), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F12 Word in s. 7(8) substituted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 37(4)(d), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F13 Words in s. 7(11)(a) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 37(4)(e), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

8 Registration offices. S

(1) Every local registration authority shall provide and maintain for [F14 their registration district] a registration office [F15 which may comprise principal premises and such subordinate premises as they may, with the approval of the Registrar General, consider appropriate], shall defray the running expenses thereof, and shall provide therein to the satisfaction of the Registrar General a suitable fireproof repository or fireproof safes or cabinets for the safe custody of the records in the custody of the district registrar or registrars.

(2) For avoidance of doubt it is declared that a registration office for any registration district need not be situated within the district, and may consist of accommodation in the dwelling house of the district registrar for the district or in an office used by any such registrar for other purposes, subject to agreement as to terms between the authority and the registrar.

(3) It shall be a duty of the district registrar for a registration district to arrange that either he or any additional district registrar or an assistant registrar for the district is in attendance at the registration office for the district on such days and at such hours as may be fixed by the local registration authority with the approval of the Registrar General, for the purpose of registering births, deaths and marriages.

[F16 (3A) Different days and different hours may be fixed under subsection (3) above for each of the premises provided and maintained by the local registration authority as part of the registration office.]

(4) Every local registration authority shall cause to be displayed in a conspicuous position on or near the outside of the main entrance to the registration office for [F17 their registration district] a notice stating, in characters which can conveniently be read by the public, the name of the registration district and the hours fixed for attendance at [F18 those premises] under [F19 subsection (3) above].

(5) Every local registration authority shall make arrangements for the custody . . . F20 of duplicates of all necessary keys for each repository, safe or cabinet provided by them under subsection (1) of this section.

[F21 (6) References in this Act to the registration office shall, unless the context otherwise requires, be construed as including all the premises provided and maintained by a local registration authority as parts of the registration office.]

Textual Amendments

F14 Words in s. 8(1) substituted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 37(5)(a), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F15 Words in s. 8(1) inserted (4.1.1995) by 1994 c. 39, s. 51(3)(a) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

F16 S. 8(3A) inserted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 38, 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F17 Words in s. 8(4) substituted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 37(5)(b)(i), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F18 Words in s. 8(4) substituted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 37(5)(b)(ii), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F19 Words in s. 8(4) substituted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 37(5)(b)(iii), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F20 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F21 S. 8(6) inserted (4.1.1995) by 1994 c. 39, s. 51(3)(b) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

9 Area repositories. S

(1) A local registration authority may, with the approval of the Registrar General, provide and maintain a suitable repository or repositories for the deposit of such registers and other documents connected with the registration service in their [F22 registration district] as may be agreed from time to time between the authority and the Registrar General; and all registers and documents so deposited shall be placed in the custody of a senior registrar or a district registrar who shall in relation thereto carry out the functions assigned by or under this Act to a district registrar in relation to registers and documents kept in a registration office for a registration district.

Anything required by this subsection to be done by a senior registrar or district registrar may be done by an assistant registrar designated for the purpose.

(2) Two or more local registration authorities may combine for the purpose of executing their functions under this section but shall not so combine without the approval of the Registrar General; and [F23 sections 56 to 58 of the M1 Local Government (Scotland) Act 1973] (voluntary combination of local authorities) shall apply accordingly subject to such approval.

Textual Amendments

F22 Words in s. 9(1) substituted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 37(6), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F23 Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 166(2)(d)

Marginal Citations

M1 1973 c. 65.

10 Delivery up of books etc. on ceasing to hold office. S

(1) When any person ceases to hold the office of senior registrar, district registrar, additional district registrar, interim district registrar or assistant registrar, all registers, safes, cabinets, keys, books and documents in his possession as holder of that office shall be delivered up to his successor in office or, if there is no successor, to such person as the Registrar General may designate.

(2) If any person who has in his custody or control any such article as aforementioned wilfully fails to deliver it up to, or account for it to the satisfaction of, the person in whose custody it should be, he shall be guilty of an offence, and on summary conviction shall be liable to a fine not exceeding [F24 level 3 on the standard scale].

(3) If, on an application by the Registrar General or some other person appointed by him for the purpose, a sheriff or justice of the peace is satisfied by evidence on oath that there is reasonable cause to believe that any article withheld in contravention of this section is in any specified premises or place, he may grant a warrant authorising any constable to enter and search those premises or that place at any time and seize any such article found therein, and any article so seized shall be delivered to the person in whose custody it should be.

Textual Amendments

F24 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

11 General provision as to fees. S

Subject to such exceptions as may be prescribed, a district registrar may refuse to comply with any application voluntarily made to him under this Act [F25 or the M2 Marriage (Scotland) Act 1977] until the appropriate fee, if any, provided for by [F26 or under this Act or the M3 Marriage (Scotland) Act 1977] is paid to him; and any such fee, if not prepaid, shall be recoverable by the registrar to whom it is payable.

Textual Amendments

F25 Words inserted by Marriage (Scotland) Act 1977 (c. 15), Sch. 2 para. 6(a)

F26 Words substituted by Marriage (Scotland) Act 1977 (c. 15), Sch. 2 para. 6(b)

Marginal Citations

M2 1977 c. 15.

M3 1977 c. 15.

12 Fees to be accounted for. S

Every district registrar shall, at such times and in such manner as the local registration authority may require, account to the local registration authority under whom he is employed for all fees received by, or payable to, him in respect of the execution of his duties under this Act [F27 F28 ... the M4 Marriage (Scotland) Act 1977 [F29 and Part 2 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14)].]

Textual Amendments

F27 Words added by Marriage (Scotland) Act 1977 (c. 15), Sch. 2 para. 7

F28 Word in s. 12 repealed (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 59(1)(b)(i), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

F29 Words in s. 12 inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 59(1)(b)(ii), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

Marginal Citations

M4 1977 c. 15.

Part II S Registration of Births

13 Particulars of births to be registered. S

[F30 (1) The prescribed particulars of the birth of every child born in Scotland shall be registered in accordance with this Part of this Act and for that purpose each district registrar for each registration district shall keep—

(a) a register of births, and

(b) a register of still-births.]

(4) Where a child is born (whether within or out of Scotland) in a ship, aircraft or land vehicle in the course of a journey, and that child is brought by such ship, aircraft or land vehicle to any place in Scotland, the birth shall, unless the Registrar General otherwise directs, be deemed for the purposes of this section to have occurred at that place.

Textual Amendments

F30 S. 13(1) substituted for s. 13(1)- (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(2), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, Sch. 2 (with art. 4)

14 Duty to give information of particulars of birth. S

(1) Subject to the subsequent provisions of this Part of this Act, in the case of every birth it shall be the duty of—

(a) the [F31 child’s father or mother (whether or not they have attained the age of sixteen years)], or

(b) in the case of the death or inability of the father and mother, each other person who under the next following subsection is qualified to give information concerning the birth,

within twenty-one days from the date of the birth, to [F32 give to the district registrar for a registration district information of the prescribed particulars concerning the birth]:

Provided that the giving of that information F33 ... by the father or the mother or by any one of those persons shall constitute a discharge of any duty imposed by this subsection on any other person.

[F34 (1A) For the purposes of subsection (1) above, a person shall give information of the prescribed particulars concerning a birth to the district registrar for a registration district by—

(a) attending personally at the registration office for that district and—

(i) giving to the registrar information of the particulars required to be registered concerning the birth, and

(ii) attesting, in the prescribed manner, the prescribed form (in this Part, the “birth registration form”) concerning the birth in the presence of the registrar, or

(b) submitting to the registrar by a prescribed means a birth registration form concerning the birth which has been completed by the person and attested by him in the prescribed manner.]

(2) The following persons, in addition to the father and mother, shall be qualified to give information concerning the birth of a child, that is to say—

(a) any relative of either parent of the child, being a relative who has knowledge of the birth;

(b) the occupier of the premises in which the child was, to the knowledge of that occupier, born;

(c) any person present at the birth;

(d) any person having charge of the child.

F35 (3) Nothing in this F35 ... section shall authorise the registration of the particulars of any birth in two or more registers, or more than once in any one register.

(4) If it appears to the Registrar General that the particulars of the birth of any child have been registered in two or more registers, or more than once in any one register, he may give directions for the cancellation of all those registrations except such one of them as may be specified in the directions.

[F36 (4A) In the case of a child who has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008, the references in subsections (1) and (2) to the father of the child are to be read as references to the woman who is a parent by virtue of that section.]

[F37 (5) In this section, any reference to the father or parent of the child shall not include a reference to a father who is not married to [F38 or in a civil partnership with] the mother and has not been married to [F38 or in a civil partnership with] her since the child’s conception.]

Textual Amendments

F31 Words in s. 14(1)(a) substituted (1.11.1995) by 1995 c. 36, s. 99(1); S.I. 1995/2787, art. 3, Sch.

F32 Words in s. 14(1) substituted (1.10.2006 for specified purposes) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(3)(a)(i), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

F33 Words in s. 14(1) repealed (1.10.2006 for specified purposes) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(3)(a)(ii), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

F34 S. 14(1A) inserted (1.10.2006 for specified purposes) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(3)(b), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

F35 Words in s. 14(3) repealed (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(3)(c), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F36 S. 14(4A) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 42; S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

F37 S. 14(5) added by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(1)

F38 Words in s. 14(5) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 1(2); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)

Modifications etc. (not altering text)

C1 S. 14(1) modified (1.11.1995) by 1995 c. 36, s. 99(2); S.I. 1995/2787, art. 3, Sch.

15 Duty to give information concerning finding of infant children. S

(1) Where any living infant child is found exposed and the finding has been reported to the local authority in whose area the child was found, it shall be the duty of the [F39 chief social work officer] of the local authority, or such other person as may be appointed for the purpose by the local authority, to give to the [F40 district registrar for the registration district in which the child was found], within two months from the date on which the child was found, information as to the finding of the child and such evidence as may be in the local authority’s possession as to the [F41 prescribed particulars] concerning the birth, and to [F42 attest, in the prescribed manner, the birth registration form concerning the birth] in the presence of the said registrar.

(2) If there is produced to the said registrar a certificate [F43 attested in the prescribed manner] by a registered medical practitioner stating that in the opinion of the medical practitioner a specified date is likely to have been the approximate date of the birth of the child, that date may be entered in the [F44 birth registration form concerning the birth] as the date of birth of the child.

(3) The foregoing provisions of this section shall apply to the finding of the body of a dead infant child as they apply to the finding of a living infant child, with the substitution for any reference to the [F39 chief social work officer] of or other person appointed by the local authority of a reference to any procurator-fiscal to whom the finding has been reported.

F45 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Words in s. 15(1)(3) substituted (1.4.1996) by 1994 c. 39, s. 51(4)(a) (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1

F40 Words in s. 15(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(4)(a)(i), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F41 Words in s. 15(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(4)(a)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F42 Words in s. 15(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(4)(a)(iii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F43 Words in s. 15(2) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(4)(b)(i), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F44 Words in s. 15(2) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(4)(b)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F45 S. 15(4) repealed (1.4.1996) by 1994 c. 39, ss. 51(4)(b), 180(2), Sch. 14 (with s. 7(2)); S.I. 1996/323, art. 4(1)(a)(d), Sch. 1, 2

16 Registrar’s power to require information concerning birth to be given. S

(1) Where after the expiration of twenty-one days from the date of birth of any child information of the [F46 prescribed particulars] concerning the birth of that child has not been given to the [F47 district registrar for a registration district] in accordance with section 14 of this Act, the [F48 district] registrar for the registration district in which the child was born may serve a notice in the prescribed form on any person who is a qualified informant in relation to the birth requiring him—

(a) to attend personally at the registration office for the registration district before such date (being not less than eight days nor more than fifteen days after the date of service of the notice) as may be specified in the notice;

(b) to give information to the best of that person’s knowledge and belief of the particulars required to be registered concerning the birth; and

(c) to [F49 attest, in the prescribed manner, the birth registration form concerning the birth] in the presence of the registrar.

(2) If any person on whom a notice has been served in pursuance of the foregoing subsection fails to comply with the notice before the date specified therein the [F50 said] registrar may serve on that person a second notice in the prescribed form requiring him to attend personally as aforesaid within eight days from the date of service of the second notice.

(3) If on summary application by the [F51 said] registrar it appears to the sheriff that any person on whom a second notice has been served in pursuance of the last foregoing subsection has failed without reasonable cause to comply therewith within the period specified therein, the sheriff may grant decree ordaining the person to comply with the notice within such further period as may be specified in the decree; and any such decree may be enforced in like manner as a decreead factum praestandum.

(4) Any notice served under subsection (1) or subsection (2) of this section shall cease to have effect if, before it is complied with, particulars of the birth are duly registered.

Textual Amendments

F46 Words in s. 16(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(5)(a)(i), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F47 Words in s. 16(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(5)(a)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F48 Word in s. 16(1) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(5)(a)(iii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F49 Words in s. 16(1)(c) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(5)(a)(iv), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F50 Word in s. 16(2) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(5)(b), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F51 Word in s. 16(3) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(5)(c), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

[F52 16A Provision of birth particulars to Registrar General S

(1) Each Health Board shall in respect of each birth that occurs in its area, provide to the Registrar General, in such manner and at such times as the Registrar General and that body may agree, the prescribed particulars.

(2) The Registrar General shall, as soon as reasonably practicable after the prescribed particulars of a birth have been provided to the Registrar General under subsection (1) above, make those particulars available to the district registrar for each registration district.

Textual Amendments

F52 S. 16A - S. 16B inserted (1.10.2006 for specified purposes) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(6), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

16B Registration of births S

(1) Subject to subsection (2) below, the district registrar for a registration district shall register the particulars of a birth where, in accordance with this Part of this Act, the registrar has an attested birth registration form concerning the birth.

(2) The registrar is not to register a birth in respect of which he obtained the attested birth registration by virtue of section 14(1A)(b) of this Act until the registrar is satisfied that the prescribed particulars of the birth have been—

(a) provided to the Registrar General under section 16A of this Act; or

(b) provided to the relevant district registrar under section 50 of this Act.

(3) For the purposes of this Part of this Act, particulars of a birth are registered by entering the birth registration form concerning the birth in the relevant register kept by the district registrar performing the registration.

(4) In subsection (3) above, the “ relevant register ” means the register of births or, as the case may be, still-births. ]

Textual Amendments

F52 S. 16A - S. 16B inserted (1.10.2006 for specified purposes) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(6), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

17 Registration after expiration of three months from date of birth or finding. S

(1) In no case shall the particulars of the birth of a child be registered by [F53 the district registrar for a registration district] after the expiration of three months from the date of birth of the child or, in the case of a living infant child who has been found exposed or a dead infant child who has been found exposed and in respect of whom evidence is produced that he was born alive, from the date of finding, without the authority in writing of the Registrar General.

[F54 (1A) For the purposes of subsection (1) above, authority which is given by electronic means is to be treated as if in writing if it is received in a form which is legible and capable of being used for subsequent reference.]

(2) The Registrar General may authorise the registration of the particulars of the birth of a child after the expiration of the said period although the information required for the registration of the particulars has not been given by a qualified informant:

Provided that the Registrar General shall not exercise his power under this subsection unless he is satisfied, after such inquiry as he thinks necessary, that the correct particulars concerning the birth are available.

Textual Amendments

F53 Words in s. 17(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(7)(a), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F54 S. 17(1A) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(7)(b), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

[F55 18 Births of children born out of wedlock. S

( 1 ) [F56 Subject to section 18ZA of this Act] no person who is not married to [F57 or in a civil partnership with] the mother of a child and has not been married to [F57 or in a civil partnership with] her since the child’s conception shall be required, as father of the child, to give information concerning the birth of the child and, save as provided in section 20 of this Act, the [F58 district registrar for the registration district] shall not enter in the [F59 birth registration form concerning the birth] the name and surname of any such person as father of the child except—

(a) at the joint request of the mother and the person acknowledging himself to be the father of the child (in which case [F60 that person shall [F61 attest, in the prescribed manner, the birth registration form] together with][F60 the birth registration form is to be attested by, or on behalf of, both that person and] the mother); or

(b) at the request of the mother—

(i) on the production of—

(aa) a declaration in the prescribed form made by the mother stating that that person is the father of the child; and

(bb) a statutory declaration made by that person acknowledging himself to be the father of the child; or

(ii) on production of a decree by a competent court finding or declaring that person to be the father of the child; or

(c) at the request of that person on production of—

(i) a declaration in the prescribed form by that person acknowledging himself to be the father of the child; and

(ii) a statutory declaration made by the mother stating that that person is the father of the child.

(1A) Where a person acknowledging himself to be the father of a child makes a request to the [F62 district registrar for the registration district] in accordance with paragraph (c) of subsection (1) of this section, he shall be treated as a qualified informant concerning the birth of the child for the purposes of this Act; and the giving of information concerning the birth of the child by that person and the [F63 attesting of the birth registration form concerning the birth] [F64 by him in the presence of the registrar] [F64 by, or on behalf of, that person] shall act as a discharge of any duty of any other qualified informant under section 14 of this Act.]

(2) In any case where the name and surname of the father of [F65 a] child has not been entered in the [F66 birth registration form concerning the birth], the Registrar General may record that name and surname by causing an appropriate entry to be made in the Register of Corrections Etc.—

(a) if a decree of paternity has been granted by a competent court; or

(b) if there is produced to him [F67 a declaration and a statutory declaration such as are mentioned in paragraph (b) or (c) of subsection (1) of this section]; or

(c) if, where the mother is [F68 dead or cannot be found or is incapable of making a request under subsection (1)(b) of this section, or a declaration under subsection (1)(b)(i)(aa) of this section, or a statutory declaration under subsection (1)(c)(ii) of this section], he is ordered so to do by the sheriff upon application made to the sheriff . . . F69 by the person acknowledging himself to be the father of the child.

Where a decree of paternity has been granted by any court the clerk of court shall, where no appeal has been made against such decree, on the expiration of the time within which such an appeal may be made, or where an appeal has been made against such a decree, on the conclusion of any appellate proceedings, notify the import of such decree in the prescribed form to the Registrar General.

[F70 (3) A person under the age of sixteen years has legal capacity—

(a) to make a request, declaration or statutory declaration under subsection (1) or (2)(b) above if, in the opinion of the registrar; or

(b) to make an application under subsection (2)(c) above if, in the opinion of the sheriff,

that person understands the nature of the request or, as the case may be, of the declaration, statutory declaration or application; and without prejudice to the generality of this subsection a person twelve years of age or more shall be presumed to be of sufficient age and maturity to have such understanding.]

[F71 (4) References in this section to a birth registration form being attested—

(a) by a person are to the person attesting the form—

(i) in the prescribed manner in the presence of the district registrar, or

(ii) in a manner approved by the Registrar General,

(b) on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests).

(5) Where—

(a) a person is required by this section to attest a birth registration form, and

(b) there is a way for the person to do so that does not entail attesting it in the presence of a district registrar,

it is for the person to choose whether to attest the form that way.]

Textual Amendments

F55 S. 18(1)(1A) substituted for s. 18(1) by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(2)

F56 Words in s. 18(1) inserted (1.12.2003) by Human Fertilisation and Embryology (Deceased Fathers) Act 2003 (c. 24), s. 4(2), Sch. para. 6; S.I. 2003/3095, art. 2

F57 Words in s. 18(1) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 1(3); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)

F58 Words in s. 18(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(8)(a)(i), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F59 Words in s. 18(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(8)(a)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F60 Words in s. 18(1)(a) substituted (1.9.2022 for specified purposes) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(6)(a), 59(2)(a)(i)(ii)

F61 Words in s. 18(1)(a) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(8)(a)(iii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F62 Words in s. 18(1A) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(8)(b)(i), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F63 Words in s. 18(1A) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(8)(b)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F64 Words in s. 18(1A) substituted (1.9.2022 for specified purposes) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(6)(b), 59(2)(a)(i)(ii)

F65 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(3)(a)

F66 Words in s. 18(2) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(8)(c), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F67 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(3)(b)

F68 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(3)(c)

F69 Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1)(2), Sch. 1 para. 8(3)(c), Sch. 2

F70 S. 18(3) added (1.11.1995) by 1995 c. 36, s. 99(3); S.I. 1995/2787, art. 3, Sch.

F71 S. 18(4)(5) inserted (1.9.2022 for specified purposes) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(6)(c), 59(2)(a)(i)(ii)

Modifications etc. (not altering text)

C2 S. 18(1)(2) modified (1.11.1995) by 1995 c. 36, s. 99(4); S.I. 1995/2787, art. 3, Sch.

[F72 18ZA Registration of father or second female parent by virtue of certain provisions of the Human Fertilisation and Embryology Act 2008 S

(1) The registrar shall not enter in the register—

(a) as the father of a child the name of a man who is to be treated for that purpose as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008 (circumstances in which man to be treated as father of child for purpose of registration of birth where fertility treatment undertaken after his death); or

(b) as a parent of the child, the name of a woman who is to be treated for that purpose as a parent of the child by virtue of section 46(1) or (2) of that Act (circumstances in which woman to be treated as parent of child for purposes of registration of birth where fertility treatment undertaken after her death),

unless the condition in subsection (2) below is satisfied.

(2) The condition in this subsection is satisfied if—

(a) the mother requests the registrar to make such an entry in the register and produces the relevant documents; or

(b) in the case of the death or inability of the mother, the relevant documents are produced by some other person who is a qualified informant.

(3) In this section “ the relevant documents ” means—

(a) the consent in writing and election mentioned in section 39(1), 40(1) or (2) or 46(1) or (2) (as the case requires) of the Human Fertilisation and Embryology Act 2008;

(b) a certificate of a registered medical practitioner as to the medical facts concerned; and

(c) such other documentary evidence (if any) as the registrar considers appropriate.]

Textual Amendments

F72 S. 18ZA substituted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 43; S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

[F73 18A Decrees of parentage and non-parentage. S

(1) Where a decree of parentage or non-parentage has been granted by any court the clerk of court shall—

(a) where no appeal has been made against such decree, on the expiration of the time within which such an appeal may be made, or

(b) where an appeal has been made against such a decree, on the conclusion of any appellate proceedings,

notify the import of such decree in the prescribed form to the Registrar General.

( 2 ) Where it appears to the Registrar General that the import of a decree notified to him under subsection (1) above does not correspond with the entry in the register of births in respect of any person to whom the decree relates he shall cause an appropriate entry to be made in the Register of Corrections Etc.]

Textual Amendments

F73 S. 18A inserted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(4)

Modifications etc. (not altering text)

C3 S. 18A(2) applied (4.4.2005) by Gender Recognition Act 2004 (c. 7), s. 26, Sch. 3 para. 18; S.I. 2005/54, art. 2

[F74 18B Births of children where second female parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 S

(1) No woman shall as a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 (“the woman concerned”) be required, as a parent of the child, to give information concerning the birth of the child and, save as provided in section 20 of this Act, the district registrar for the registration district shall not enter in the birth registration form concerning the birth the name and surname of any woman as a parent of the child by virtue of section 43 of that Act of 2008 except—

(a) at the joint request of the mother and the woman concerned (in which case the [F75 woman concerned shall attest, in the prescribed manner, the birth registration form together with] [F75 birth registration form is to be attested by, or on behalf of, both the woman concerned and] the mother); or

(b) at the request of the mother on production of—

(i) a declaration in the prescribed form made by the mother stating that the woman concerned is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; and

(ii) a statutory declaration made by the woman concerned acknowledging herself to be a parent of the child by virtue of section 43 of that Act; or

(c) at the request of the mother on production of a decree by a competent court finding or declaring the woman concerned to be a parent of the child by virtue of section 43 of that Act; or

(d) at the request of the woman concerned on production of—

(i) a declaration in the prescribed form made by the woman concerned acknowledging herself to be a parent of the child by virtue of section 43 of that Act; and

(ii) a statutory declaration made by the mother stating that the woman concerned is a parent of the child by virtue of section 43 of that Act.

(2) Where a person acknowledging herself to be a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 makes a request to the district registrar for the registration district in accordance with paragraph (d) of subsection (1) of this section, she shall be treated as a qualified informant concerning the birth of the child for the purposes of this Act; and the giving of information concerning the birth of the child by that person and the attesting of the birth registration form concerning the birth by her [F76 in the presence of the registrar] [F76 , or on her behalf] shall act as a discharge of any duty of any other qualified informant under section 14 of this Act.

(3) In any case where the name and surname of a woman who is a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 has not been entered in the birth registration form concerning the birth, the Registrar General may record that name and surname by causing an appropriate entry to be made in the Register of Corrections Etc.—

(a) if there is produced to him a declaration and a statutory declaration such as are mentioned in paragraph (b) or (d) of subsection (1) of this section; or

(b) if, where the mother is dead or cannot be found or is incapable of making a request under subsection (1)(b) or (c) of this section, or a declaration under subsection (1)(b)(i) or a statutory declaration under subsection (1)(d)(ii) of this section, the Registrar General is ordered so to do by the sheriff upon application made to the sheriff by the person acknowledging herself to be a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008.]

[F77 (4) References in this section to a birth registration form being attested—

(a) by a person are to the person attesting the form—

(i) in the prescribed manner in the presence of the district registrar, or

(ii) in a manner approved by the Registrar General,

(b) on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests).

(5) Where—

(a) a person is required by this section to attest a birth registration form, and

(b) there is a way for the person to do so that does not entail attesting it in the presence of a district registrar,

it is for the person to choose whether to attest the form that way.]

Textual Amendments

F74 S. 18B inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 44; S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.) (as amended (1.9.2009) by S.I. 2009/2232, art. 3)

F75 Words in s. 18B(1)(a) substituted (1.9.2022 for specified purposes) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(7)(a), 59(2)(a)(i)(ii)

F76 Words in s. 18B(2) substituted (1.9.2022 for specified purposes) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(7)(b), 59(2)(a)(i)(ii)

F77 S. 18B(4)(5) inserted (1.9.2022 for specified purposes) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(7)(c), 59(2)(a)(i)(ii)

F78 19 Free abbreviated certificate of birth. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 S. 19 repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(2), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

20 Re-registration in certain cases. S

(1) In the case of any person, if—

(a) the entry relating to him in the register of births is affected by any matter contained in the Register of Corrections Etc. respecting his status [F79 , parentage or non-parentage], or

(b) the entry relating to him in the register of births has been so made as to imply that he was found exposed, or

(c) the entry relating to him in the register of births [F80 has been so made as to imply that his parents were not then married to [F81 or in a civil partnership with] one another and his parents have subsequently married [F82 or entered into a civil partnership with ] one another [F83 and subject to subsection (1B) below]], [F84 , or]

[F84 (d) the entry relating to the child in the register of births has been made so as to imply that the person, other than the mother, recorded as a parent of the child is so by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and the mother and that person have subsequently become parties to a civil partnership with each other and subject to subsection (1B) below,]

the [F85 birth may, where subsection (1A) below applies, be re-registered], and any such re-registration shall be effected in such manner as may be prescribed:

[F86 (1A) This subsection applies—

(a) where the Registrar General authorises the re-registration, and

(b) in such other cases or classes of case as may be prescribed.

(1B) A birth may not be re-registered] in pursuance of paragraph (c) [F87 or (d)] of this subsection, in a case where the paternity [F88 or parentage] of the person has not been entered in the register of births or in the Register of Corrections Etc. in accordance with section 18 [F89 or 18B] of this Act, or any corresponding enactment in force before the commencement of this Act, save with the sanction of the sheriff granted upon the application—

(i) of both parents of the person jointly, or

(ii) where one of the parents is dead, of the surviving parent, or

(iii) where both parents are dead, of or on behalf of the person,

after such intimation as the sheriff may direct, and after due inquiry, and a hearing of any party having interest who may appear to oppose such application.

(2) In this section any reference to the register of births includes a reference to any register of births kept under any enactment in force at any time before the commencement of this Act.

F90 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8) , s. 10(1) , Sch. 1 para. 8(5) ( a )

F80 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8) , s. 10(1) , Sch. 1 para. 8(5) ( b )

F81 Words in s. 20(1)(c) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 1(4)(a); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)

F82 Words in s. 20(1)(c) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 1(4)(b); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)

F83 Words in s. 20(1) inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) , ss. 41(2)(a)(i) , 63(2) ; S.S.I. 2006/469 , art. 2 , Sch. 1 (with art. 4 )

F84 S. 20(1)(d) and word inserted (6.4.2009 for specified purposes) by Human Fertilisation and Embryology Act 2008 (c. 22) , s. 68(2) , Sch. 6 para. 45(a) ; S.I. 2009/479 , art. 6(1)(e) (with art. 7 , Sch. )

F85 Words in s. 20(1) substituted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) , ss. 41(2)(a)(ii) , 63(2) ; S.S.I. 2006/469 , art. 2 , Sch. 1 (with art. 4 )

F86 S. 20(1A)(1B) substituted for words in s. 20(1) (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) , ss. 41(2)(a)(iii) , 63(2) ; S.S.I. 2006/469 , art. 2 , Sch. 1 (with art. 4 )

F87 Words in s. 20(1B) inserted (6.4.2009 for specified purposes) by Human Fertilisation and Embryology Act 2008 (c. 22) , s. 68(2) , Sch. 6 para. 45(b)(i) ; S.I. 2009/479 , art. 6(1)(e) (with art. 7 , Sch. )

F88 Words in s. 20(1B) inserted (6.4.2009 for specified purposes) by Human Fertilisation and Embryology Act 2008 (c. 22) , s. 68(2) , Sch. 6 para. 45(b)(ii) ; S.I. 2009/479 , art. 6(1)(e) (with art. 7 , Sch. )

F89 Words in s. 20(1B) inserted (6.4.2009 for specified purposes) by Human Fertilisation and Embryology Act 2008 (c. 22) , s. 68(2) , Sch. 6 para. 45(b)(iii) ; S.I. 2009/479 , art. 6(1)(e) (with art. 7 , Sch. )

F90 S. 20(3) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) , ss. 41(2)(b) , 63(2) ; S.S.I. 2006/469 , art. 3 , Sch. 2 (with art. 4 )

Modifications etc. (not altering text)

C4 S. 20(1) amended by Adoption Act 1968 (c. 53) , s. 85(d) and Adoption (Scotland) Act 1978 (c. 28) , s. 67(2) , Sch. 1 para. 5

21 Still-births. S

(1) Except so far as otherwise provided by this section or as may be prescribed, the provisions of this Part of this Act shall, so far as applicable, apply to still-births in like manner as they apply to births of children born alive.

(2) Any qualified informant giving information to the [F91 district registrar for a registration district] of the particulars required to be registered concerning a still-birth shall—

(a) [F92 produce] to the registrar a certificate in the prescribed form stating that the child was not born alive, and, where possible, the cause or probable cause of death[F93 , any other relevant medical information] and such particulars of the condition of the mother before the still-birth as may be requested in that form, which certificate shall, if a registered medical practioner was present at the birth or has examined the body of the child, be [F94 attested in the prescribed manner] by him, and otherwise shall be [F94 attested in the prescribed manner] by any [F95 registered midwife] who was present or examined the body; F96 ...

F96 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Every registered medical practitioner or [F95 registered midwife] who was present at a still-birth or examined the body of a still-born child shall, at the request of any person who by virtue of this Act is required to

[F97 (a) give information concerning that birth, give to that person a certificate for the purposes of F98 ... the last foregoing subsection ] [F99 ; or ]

[F99 (b) deliver such a certificate on that person's behalf to a district registrar for a registration district nominated by that person].

(4) The [F100 district registrar for a registration district], upon registering a still-birth, shall give to the informant without fee a certificate in the prescribed form stating that the still-birth has been registered [F101 or, if the person so requests, deliver such a certificate on that person's behalf to a keeper or other person having charge of a place of interment nominated by that person].

F102 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103

Textual Amendments

F91 Words in s. 21(2) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 40(2)(a), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F92 Word in s. 21(2)(a) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 40(2)(b)(i), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F93 Words in s. 21(2)(a) inserted (8.6.2013) by Certification of Death (Scotland) Act 2011 (asp 11), ss. 26(1), 32(3); S.S.I. 2013/159, art. 2, Sch.

F94 Words in s. 21(2)(a) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 40(2)(b)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F95 Words “registered midwife” substituted for words “certified midwife” by Nurses, Midwives and Health Visitors Act 1979 (c. 36) , s. 24(2) , Sch. 7 para. 12

F96 S. 21(2)(b) and word repealed (8.6.2013) by Certification of Death (Scotland) Act 2011 (asp 11), ss. 27(a), 32(3); S.S.I. 2013/159, art. 2, Sch.

F97 Words in s. 21(3) renumbered as s. 21(3)(a) (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 40(3)(a), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F98 Words in s. 21(3)(a) repealed (8.6.2013) by Certification of Death (Scotland) Act 2011 (asp 11), ss. 27(b), 32(3); S.S.I. 2013/159, art. 2, Sch.

F99 S. 21(3)(b) and word inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 40(3)(b), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F100 Words in s. 21(4) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 40(4)(a), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F101 Words in s. 21(4) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 40(4)(b), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F102 S. 21(5) repealed (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), Sch. 2 para. 3; S.S.I. 2015/115, art. 3

F103 S.21(6) repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36) , s. 24(2) , Sch. 7 para. 13 , Sch. 8

Part III S Registration of Deaths

22 Particulars of deaths to be registered. S

[F104 (1) The prescribed particulars of the death of every person dying in Scotland shall be registered in accordance with this Part of this Act and for that purpose the district registrar for each registration district shall keep a register of deaths.]

(4) Where a person dies (whether within or out of Scotland) in a ship, aircraft or land vehicle during the course of a journey, and the body of that person is brought by such ship, aircraft or land vehicle to any place in Scotland, the death shall, unless the Registrar General otherwise directs, be deemed for the purposes of the last foregoing subsection to have occurred at that place.

Textual Amendments

F104 S. 22(1) substituted for s. 22(1)- (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(2), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, Sch. 2 (with art. 4)

23 Duty to give information of particulars of death. S

(1) Subject to the subsequent provisions of this Part of this Act, in the case of every death it shall be the duty of—

(a) any relative of the deceased;

(b) any person present at the death;

(c) the deceased’s executor or other legal representative;

(d) the occupier, at the time of death, of the premises where the death took place; or

(e) if there is no such person as is mentioned in the foregoing paragraphs, any other person having knowledge of the particulars to be registered,

F105 ..., within eight days, or such other period, not being less than three days, as may be prescribed, from the date of the death or, in a case where the body of a dead person has been found, from the date of the finding, [F106 give] information to the best of his knowledge and belief of the particulars required to be registered concerning the death, [F107 to the district registrar for a registration district]:

Provided that the giving of that information F108 ... by any one of those persons shall constitute a discharge of any duty imposed by this subsection on any other person.

[F109 (1A) For the purposes of subsection (1), a person shall give information of the prescribed particulars concerning a death to the district registrar for a registration district [F110 by]—

(a) [F111 by] attending personally at the registration office for that district and—

(i) giving to the registrar information of the particulars required to be registered concerning the death, and

(ii) attesting, in the prescribed manner, the prescribed form (in this Part, the “death registration form”) concerning the death in the presence of the registrar, [F112 or]

(b) [F113 submitting to the registrar by a prescribed means a death registration form concerning the death which has been completed by the person and attested by him in the prescribed manner.]]

[F113 in a manner permitted in the circumstances (or any circumstances) by a direction issued by the registrar, or

(c) in a manner permitted in the circumstances (or any circumstances) by a direction issued by the Registrar General.]

[F114 (1B) A person has not discharged the duty under subsection (1) by giving information to a district registrar until the death registration form containing the information is attested by, or on behalf of, the person.

(1C) References in this section to a death registration form being attested—

(a) by a person are to the person attesting the form—

(i) in the prescribed manner in the presence of the district registrar, or

(ii) in a manner approved by the Registrar General,

(b) on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests).

(1D) Where there is a way for—

(a) a person (“the informant”) to give information of the prescribed particulars concerning a death that does not entail the informant attending personally at a registration office, or

(b) a death registration form to be attested that does not entail the informant attesting it in the presence of a district registrar,

it is for the informant to choose whether to give the information, or attest the form, that way.]

(2) Nothing in this F115 ... section shall authorise the registration of the particulars of any death in two or more registers, or more than once in any one register.

(3) If it appears to the Registrar General that the particulars of the death of any person have been registered in two or more registers, or more than once in any one register, he may give directions for the cancellation of all those registrations except such one of them as may be specified in the directions.

Textual Amendments

F105 Words in s. 23(1) repealed (1.10.2006 for specified purposes, 24.9.2022 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(3)(a)(i), 63(2); S.S.I. 2006/469, art. 2, sch. 1 (with art. 4); S.S.I. 2022/266, art. 2(d)

F106 Word in s. 23(1) inserted (1.10.2006 for specified purposes, 24.9.2022 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(3)(a)(ii), 63(2); S.S.I. 2006/469, art. 2, sch. 1 (with art. 4); S.S.I. 2022/266, art. 2(d)

F107 Words in s. 23(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(3)(a)(iii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F108 Words in s. 23(1) repealed (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(3)(a)(iv), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F109 S. 23(1A) inserted (1.10.2006 for specified purposes, 14.1.2008 for specified purposes, 24.9.2022 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(3)(b), 63(2); S.S.I. 2006/469, art. 2, sch. 1 (with art. 4); S.S.I. 2007/566, art. 2 (with art. 3); S.S.I. 2022/266, art. 2(e)

F110 Word in s. 23(1A) repealed (1.9.2022 for specified purposes, 24.9.2022 in so far as not already in force) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 27(2)(a)(i), 59(3)(a)(i)(ii)

F111 Word in s. 23(1A)(a) inserted (1.9.2022 for specified purposes, 24.9.2022 in so far as not already in force) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 27(2)(a)(ii), 59(3)(a)(i)(ii)

F112 Word in s. 23(1A) repealed (1.9.2022 for specified purposes, 24.9.2022 in so far as not already in force) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 27(2)(a)(iii), 59(3)(a)(i)(ii)

F113 S. 23(1A)(b)(c) substituted for s. 23(1A)(b) (1.9.2022 for specified purposes, 24.9.2022 in so far as not already in force) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 27(2)(a)(iv), 59(3)(a)(i)(ii)

F114 S. 23(1B)-(1D) inserted (1.9.2022 for specified purposes, 24.9.2022 in so far as not already in force) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 27(2)(b), 59(3)(a)(i)(ii)

F115 Words in s. 23(2) repealed (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(3)(c), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

Modifications etc. (not altering text)

C5 S. 23(1) extended (temp.) (26.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 11 (with ss. 88-90, Sch. 13 para. 15); S.I. 2020/361, reg. 2(a) (which affecting provision is continued until 24.9.2022 by The Coronavirus Act 2020 (Alteration of Expiry Date) (Scotland) Regulations 2022 (S.S.I. 2022/40), regs. 1, 2(a)) (and which affecting provision expires (25.9.2022) by Coronavirus Act 2020 (c. 7), s. 89)

24 Certificate of cause of death. S

(1) For the purpose of enabling information to be given, in pursuance of the last foregoing section, of the cause of death of[F116 , and any relevant medical information about,] any person, any registered medical practitioner who was in attendance on the deceased during his last illness shall, within seven days, or such other period, not being less than two days, as may be prescribed, after the death of the person, transmit to any person who is a qualified informant in relation to the death, or to the [F117 district registrar for a registration district], a certificate in the prescribed form [F118 attested, in the prescribed manner,] by the medical practitioner stating to the best of his knowledge and belief the cause of death [F119 and such other medical information as may be prescribed].

Different forms of certificate may be prescribed in respect of persons of different ages, and in the case of the death of a child under one year of age such forms may provide for the giving of particulars of the condition of the mother before the death of the child.

[F120 (1A) A registered medical practitioner may, where invited to do so under section 10(2)(b) or 11(6) of the 2011 Act (action following unsatisfactory review), attest and transmit a replacement certificate to a medical reviewer or, as the case may be, the senior medical reviewer.]

(2) If there was no registered medical practitioner in attendance on the deceased during his last illness, or if any registered medical practitioner, having been in attendance as aforesaid, is unable to provide a certificate such as is required by the last foregoing subsection, such a certificate may be [F121 attested, in the prescribed manner,] by any medical practitioner who is able to do so, and may be transmitted by him to any person who is a qualified informant in relation to the death, or to the [F122 district registrar for a registration district].

Textual Amendments

F116 Words in s. 24(1) inserted (8.6.2013) by Certification of Death (Scotland) Act 2011 (asp 11), ss. 26(2)(a), 32(3); S.S.I. 2013/159, art. 2, Sch.

F117 Words in s. 24(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(4)(a)(i), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F118 Words in s. 24(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(4)(a)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F119 Words in s. 24(1) inserted (8.6.2013) by Certification of Death (Scotland) Act 2011 (asp 11), ss. 26(2)(b), 32(3); S.S.I. 2013/159, art. 2, Sch.

F120 S. 24(1A) inserted (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), Sch. 2 para. 4; S.S.I. 2015/115, art. 3

F121 Words in s. 24(2) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(4)(b)(i), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F122 Words in s. 24(2) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(4)(b)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

[F123 24A Duty to refer certain certificates of cause of death for review S

(1) The Registrar General must ensure that randomly selected certificates of cause of death are referred for review under section 8(1) of the 2011 Act prior to registration of the death to which each certificate relates.

(2) The Registrar General must ensure that certificates of cause of death of such descriptions as may be specified in a request by medical reviewers under section 3 of the 2011 Act are referred for review under section 8(1) of that Act.

(3) A district registrar for a registration district may refer for review under section 8(1) of that Act a certificate of cause of death where the district registrar considers it appropriate to do so.

(4) The following certificates may not be referred under subsections (1) to (3)—

(a) a certificate of cause of death relating to a body in respect of which a direction has been given by a Health Board under section 90(2) of the Public Health etc. (Scotland) Act 2008 (asp 5) (restrictions on release of infected etc. bodies from hospital),

(b) a certificate of cause of death which has already been referred under this section,

(c) a certificate of cause of death which has been (or is being) reviewed under section 8(1) of the 2011 Act following an application made under section 4(1) of that Act,

(d) a certificate of cause of death which is a replacement certificate attested and transmitted in response to an invitation to do so under section 10 or 11 of the 2011 Act,

(e) a certificate of cause of death where the cause of death of the deceased person has been (or is being) investigated by a procurator fiscal,

(f) a certificate of cause of death attested prior to the coming into force of this section.

(5) The Scottish Ministers may give directions to the Registrar General about the referral of certificates under this section; and the Registrar General must comply with any such direction.

(6) A direction under subsection (5) may in particular specify—

(a) the minimum number of certificates of cause of death which are to be selected for referral under subsection (1) in any year, and

(b) the method of determining which certificates are to be selected for referral under subsection (1).

(7) The Scottish Ministers may by order made by statutory instrument suspend the referral of certificates under this section—

(a) during an epidemic, or

(b) where the Scottish Ministers consider, on reasonable grounds, that it is necessary to do so to prevent, or to prevent the spread of, infectious diseases or contamination.

(8) An order made under subsection (7)—

(a) may include such supplementary, incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

(b) may F124 ... make different provision for different purposes.

(9) An order made under subsection (7) (other than one to which subsection (11) applies)—

F125 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by resolution of the Parliament.

(10) Subsection (11) applies to an order made under subsection (7) consisting only of—

(a) provision revoking an earlier order made by virtue of subsection (7), or

(b) such provision and provision made by virtue of subsection (8)(a).

(11) An order to which this subsection applies is subject to annulment in pursuance of a resolution of the Parliament.

(12) In reckoning for the purposes of subsection (9)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is—

(a) dissolved, or

(b) in recess for more than 4 days.

(13) Subsection (9)(b) is without prejudice to anything previously done by reference to an order under subsection (7) or to the making of a new order under that subsection.]

Textual Amendments

F123 S. 24A inserted (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), ss. 2, 32(3); S.S.I. 2015/115, art. 3

F124 Words in s. 24A(8)(b) repealed (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8)

F125 S. 24A(9)(a) repealed (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8)

[F126 24B Request for review not to stay registration S

(1) This section applies where a certificate of cause of death is referred under section 24A(1).

(2) A district registrar for a registration district must, following a request by a qualified informant, refer the certificate to a medical reviewer for a determination under section 7 of the 2011 Act (medical reviewer to determine whether review to stay registration).

(3) Such a referral must include a statement by the qualified informant of the circumstances which the qualified informant believes justify registering the death before the review is complete.

(4) The qualified informant must also provide such other information as the medical reviewer may reasonably require.]

Textual Amendments

F126 S. 24B inserted (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), ss. 6, 32(3); S.S.I. 2015/115, art. 3

25 Registrar’s power to require information concerning death to be given. S

(1) Where after the expiration of eight days, or such other period, not being less than three days, as may be prescribed, from the date of the death of any person, or the finding of the dead body of any person, information of the [F127 prescribed particulars] concerning the death of that person has not been given to the [F128 district registrar for a registration district] in accordance with section 23 of this Act, the [F129 district] registrar for the registration district in which the death occurred may serve a notice in the prescribed form on any person who is a qualified informant in relation to the death requiring him [F130 before such date (being not less than 8 days nor more than 15 days after the date of service of the notice) as may be specified in the notice]—

(a) [F131 to attend personally at the registration office for the registration district before such date (being not less than eight days nor more than fifteen days after the date of service of the notice) as may be specified in the notice:]

(b) to give information to the best of that person’s knowledge and belief of the particulars required to be registered concerning the death [F132 in one of the following ways—

(i) by attending personally at the registration office for that district and giving the information to the registrar there; or

(ii) in a manner permitted in the circumstances (or any circumstances) by a direction under section 23(1A)(b) or (c)]; and

(c) [F133 to [F134 attest, in the prescribed manner, the death registration form concerning the death] in the presence of the registrar.]

[F133 to either—

(i) attest, in the prescribed manner, the death registration form concerning the death in the presence of the registrar; or

(ii) provide the registrar with any information the registrar requests in order for the registrar to attest the form, in a manner approved by the Registrar General, on the person’s behalf.]

(2) If any person on whom a notice has been served in pursuance of the foregoing subsection fails to comply with the notice before the date specified therein the [F135 said] registrar may serve on that person a second notice in the prescribed form requiring [F136 him to attend personally as aforesaid] [F136 the person to do the things mentioned in subsection (1)(b) and (c)] within eight days from the date of service of the second notice.

(3) If on summary application by the [F137 said] registrar it appears to the sheriff that any person on whom a second notice has been served in pursuance of the last foregoing subsection has failed without reasonable cause to comply therewith within the period specified therein, the sheriff may grant decree ordaining the person to comply with the notice within such further period as may be specified in the decree; and any such decree may be enforced in like manner as a decree ad factum praestandum.

[F138 (3A) Where there is a way for—

(a) a person on whom a notice under subsection (1) or (2) is served (“the informant”) to give information of the particulars required to be registered concerning a death that does not entail the informant attending personally at a registration office, or

(b) a death registration form to be attested that does not entail the informant attesting it in the presence of a district registrar,

it is for the informant to choose whether to give the information, or attest the form, that way.]

(4) Any notice served under subsection (1) or subsection (2) of this section shall cease to have effect if, before it is complied with, particulars of the death are duly registered.

Textual Amendments

F127 Words in s. 25(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(5)(a)(i), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F128 Words in s. 25(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(5)(a)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F129 Word in s. 25(1) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(5)(a)(iii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F130 Words in s. 25(1) inserted (1.9.2022 for specified purposes, 24.9.2022 in so far as not already in force) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 27(4)(a)(i), 59(3)(a)(i)(ii)

F131 S. 25(1)(a) repealed (1.9.2022 for specified purposes, 24.9.2022 in so far as not already in force) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 27(4)(a)(ii), 59(3)(a)(i)(ii)

F132 Words in s. 25(1)(b) inserted (1.9.2022 for specified purposes, 24.9.2022 in so far as not already in force) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 27(4)(a)(iii), 59(3)(a)(i)(ii)

F133 S. 25(1)(c) substituted (1.9.2022 for specified purposes, 24.9.2022 in so far as not already in force) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 27(4)(a)(iv), 59(3)(a)(i)(ii)

F134 Words in s. 25(1)(c) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(5)(a)(iv), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F135 Word in s. 25(2) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(5)(b), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F136 Words in s. 25(2) substituted (1.9.2022 for specified purposes, 24.9.2022 in so far as not already in force) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 27(4)(b), 59(3)(a)(i)(ii)

F137 Word in s. 25(3) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(5)(c), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F138 S. 25(3A) inserted (1.9.2022 for specified purposes, 24.9.2022 in so far as not already in force) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 27(4)(c), 59(3)(a)(i)(ii)

[F139 25A Provision of death particulars to Registrar General S

(1) Each Health Board shall in respect of each death that occurs in its area, provide to the Registrar General, in such manner and at such times as the Registrar General and that body may agree, the prescribed particulars.

(2) The Registrar General shall, as soon as reasonably practicable after the prescribed particulars of a death have been provided to the Registrar General under subsection (1) above, make those particulars available to the district registrar for each registration district.

Textual Amendments

F139 Ss. 25A, 25B inserted (1.10.2006 for specified purposes, 14.1.2008 for the insertion of s. 25B so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(6), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4); S.S.I. 2007/566, art. 2

25B Registration of deaths S

(1) Subject to subsection (2) [F140 and (2A)] below, the district registrar for a registration district shall register the particulars of a death where, in accordance with this Part of this Act, the registrar has an attested death registration form concerning the death.

(2) The registrar is not to register a death in respect of which he obtained the attested death registration form by virtue of section 23(1A)(b) of this Act unless the registrar is satisfied that the prescribed particulars of the death have been—

(a) provided to the Registrar General under section 25A of this Act, or

(b) provided to the relevant district registrar under section 50 of this Act.

[F141 (2A) The registrar is not to register a death in respect of which the certificate of cause of death has been referred under section 24A or where the Registrar General has been notified under section 4(4) of the 2011 Act of an application for review having been made until the first occurrence of any of the following events—

(a) a medical reviewer, under section 7(2)(b) of the 2011 Act (request for review not to stay registration), notifying the registrar that it is appropriate in the circumstances to register the death before the review is complete,

(b) the certificate or its replacement being approved by a medical reviewer—

(i) under section 9 of the 2011 Act (action following satisfactory review), or

(ii) under section 10 of that Act (action following unsatisfactory review: medical reviewer),

(c) the certificate or its replacement being approved by the senior medical reviewer under section 11 of the 2011 Act (action following unsatisfactory review: senior medical reviewer),

(d) the senior medical reviewer, under section 11(8)(a), (9)(a) or 12(5)(a) of the 2011 Act, signifying that the review has been conducted,

(e) a medical reviewer, under section 12(2)(a) of the 2011 Act (action where relevant medical practitioner is unavailable or incapacitated), signifying that the review has been conducted, or

(f) a procurator fiscal approving the certificate or providing a replacement certificate attested by a registered medical practitioner.]

(3) For the purposes of this Part of this Act, particulars of a death are registered by entering the death registration form concerning the death in the register of deaths kept by the district registrar performing the registration.]

Textual Amendments

F139 Ss. 25A, 25B inserted (1.10.2006 for specified purposes, 14.1.2008 for the insertion of s. 25B so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(6), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4); S.S.I. 2007/566, art. 2

F140 Words in s. 25B(1) inserted (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), ss. 5(a), 32(3); S.S.I. 2015/115, art. 3

F141 S. 25B(2A) inserted (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), ss. 5(b), 32(3); S.S.I. 2015/115, art. 3

26 Registration after expiration of three months from date of death or finding of body. S

(1) In no case shall the particulars of the death of any person be registered by [F142 the district registrar for a registration district] after the expiration of three months from the date of the death or, in the case of a person whose dead body has been found, from the date of finding, without the authority in writing of the Registrar General.

[F143 (1A) For the purposes of subsection (1) above, authority which is given by electronic means is to be treated as if in writing if it is received in a form which is legible and capable of being used for subsequent reference.]

(2) The Registrar General may authorise the registration of the particulars of the death of a person after the expiration of the said period although the information required for the registration of the particulars has not been given by a qualified informant:

Provided that the Registrar General shall not exercise his power under this subsection unless he is satisfied, after such inquiry as he thinks necessary, that the correct particulars concerning the death are available.

Textual Amendments

F142 Words in s. 26(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(7)(a), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F143 S. 26(1A) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(7)(b), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

27 Free certificate of registration of death. S

(1) At the time of registering the death of any person, the [F144 district registrar for a registration district] shall without charge give to the informant a certificate in the prescribed form that such death has been registered.

F145 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F145 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Words in s. 27(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 42(8)(a), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F145 S. 27(2)(3) repealed (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), Sch. 2 para. 5; S.S.I. 2015/115, art. 3

[F146 27A Offence of disposal of body without authorisation S

(1) A person having charge of a place of interment, cremation or other means of disposal of human bodies who inters, cremates or otherwise disposes of the body of a still-born child or a deceased person (or who knowingly permits such interment, cremation or disposal) without the certificates or other documentation specified under subsection (2)(a) for such purpose commits an offence.

(2) The Scottish Ministers may by regulations made by statutory instrument—

(a) specify the certificates or other documentation required for the interment, cremation or other disposal of the body of a still-born child or a deceased person,

(b) make provision about the form and content of such certificates (other than those which are to be prescribed by the Registrar General under this Act).

(3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) It is a defence for a person charged with an offence under subsection (1) to prove that there was a reasonable excuse for the interment, cremation or disposal of a body (or for that person permitting such interment, cremation or other disposal) without the certificates or other documentation specified under subsection (2)(a).

(5) Where an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

that person, as well as the body corporate, commits the offence and is liable to be proceeded against accordingly.

(6) The power conferred by subsection (2)—

(a) may be exercised so as to make different provision for different purposes,

(b) includes power to make such incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient.

(7) A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(8) In subsections (1), (2) and (4) reference to a body includes reference to a part of a body.]

Textual Amendments

F146 S. 27A inserted (25.3.2015 for specified purposes, 13.5.2015 in so far as not already in force) by Certification of Death (Scotland) Act 2011 (asp 11), ss. 25, 32(3); S.S.I. 2015/115, arts. 2, 3, Schs.

28 Intimation of certain deaths by registrar to Procurator-Fiscal and vice-versa. S

(1) Where in accordance with any instruction or direction given by the Registrar General under section 7(5) of this Act any particulars concerning a death have been communicated by a registrar to a procurator-fiscal—

(a) if the procurator-fiscal obtains a precognition as to the death, and that precognition shows that the particulars so communicated appear to him to be correct and complete, the procurator-fiscal shall forthwith send a notice to that effect to the Registrar General;

(b) if the procurator-fiscal obtains such a precognition and that precognition does not confirm that the said particulars are correct and complete, the procurator-fiscal shall forthwith send to the Registrar General a notice indicating the result of the precognition, and the Registrar General shall thereupon cause to be made such entry in the Register of Corrections Etc. as he thinks proper;

(c) if the procurator-fiscal decides to obtain no such precognition, he shall send a notice of that decision to the Registrar General.

(2) Where a procurator-fiscal receives, otherwise than from a registrar, information concerning any death which the registrar would, if he had knowledge thereof, be required to communicate to him, he shall send the registrar a notice containing the information.

[F147 28ZA Meaning of death registration form S

In this Part, references to a death registration form are to the prescribed form in which—

(a) a person gives a district registrar information of the prescribed particulars concerning a death, or

(b) a district registrar records information of the prescribed particulars concerning a death.]

Textual Amendments

F147 S. 28ZA inserted (1.9.2022 for specified purposes, 24.9.2022 in so far as not already in force) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 27(6), 59(3)(a)(i)(ii)

[F148 Part IIIA] S

Textual Amendments

F148 S. 28A inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 105), s. 50(1)

[28A F149 Registration of divorces and declarators of nullity of marriage. S

(1) The Registrar General shall maintain at the General Register Office a register of decrees of divorce and of declarator of nullity of marriage (which register shall be known as the “Register of Divorces”).

(2) The Registrar General shall cause to be made and kept at the General Register Office an alphabetical index of the entries in the Register of Divorces (in this section referred to as “the index”).

(3) The Register of Divorces shall be in such form as may be prescribed.

(4) On payment to him of such fee or fees as may be prescribed, the Registrar General shall, at any time when the General Register Office is open for that purpose—

(a) cause a search of the index to be made on behalf of any person or permit that person to search the index himself;

(b) issue to any person an extract of any entry in the Register of Divorces which that person may require.

(5) An extract of an entry in the Register of Divorces shall be sufficient evidence of the decree of divorce or, as the case may be, of declarator of nullity of marriage to which it relates.

(6) The Registrar General may delete or amend any entry in the Register of Divorces or substitute another for it.

(7) In this section, references to decrees of divorce are references to decrees thereof of the Court of Session or the sheriff and references to decrees of declarator of nullity of marriage are references to decrees thereof of the Court of Session.]

Subordinate Legislation Made

P1 S. 28A: for previous exercises of this power see Index to Government Orders.

P2 S. 28A(4): s. 54(1) (with ss. 28A(4), 37(2)(3), 38(2)(3), 40(1), 43(8), 47 and 56) power exercised by S.I.1991/2817.

Textual Amendments

F149 S.28A inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 105), s. 50(1)

F150 28B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F150 S. 28B (which was inserted by Local Government Finance Act 1988 (c. 41), s. 137, Sch. 12 Pt. II para. 8) repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), ss. 117(2), Sch.14 (with s. 118(1)(2)(4)); S.I. 1993/575, art. 2.Sch.

Part IV S

29—31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F151 S

Textual Amendments

F151 Ss. 29–31 repealed by Marriage (Scotland) Act 1977 (c. 15), Sch. 3

Part V S General

Registers S

32 Provision of registers etc. by Registrar General. S

(1) Registers of births, still-births, deaths and marriages and the Register of Corrections Etc. shall be in such form as may be respectively prescribed and the Registrar General shall provide the district registrar of every registration district with a sufficient number of such registers and of such certificates, schedules, notices, forms and other documents as he may require for the performance of his functions under this Act [F152 and the M5 Marriage (Scotland) Act 1977.]

[F153 (1A) A register of births, deaths, still-births or marriages or the Register of Corrections Etc. may, if the Registrar General so determines, be electronic rather than paper-based.]

(2) All registers and documents provided by virtue of [F154 subsection (1) above] shall remain the property of the Registrar General.

Textual Amendments

F152 Words added by Marriage (Scotland) Act 1977 (c. 15), Sch. 2 para. 8

F153 S. 32(1A) inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 43(2)(a), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

F154 Words in s. 32(2) substituted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 43(2)(b), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

Marginal Citations

M5 1977 c. 15.

33 Duplicate and copy registers. S

(1) The Registrar General may from time to time direct any district registrar to make in respect of his district a duplicate or copy of any register of births, deaths or marriages, and any entry in a duplicate or copy so made shall be of the same legal force and effect as the corresponding entry in the appropriate register.

(2) Any duplicate or copy register so made shall be retained in the custody of the district registrar.

[F155 34 Examination and transmission of registers S

(1) The district examiner, or such other officer as may be nominated for the purpose by the Registrar General, shall, at such time or times and in such manner as the Registrar General may direct, examine the unexamined part of a relevant register kept or held by a district registrar within the district examiner's district.

(2) An examination under subsection (1) above shall include an examination of any entry in the Register of Corrections Etc. which relates to an entry in a part of a relevant register which is the subject of the examination.

(3) On completion of an examination under subsection (1) above—

(a) the district registrar shall endorse the register so examined, and

(b) the district examiner shall—

(i) endorse that register, and

(ii) transmit to the Registrar General a report of any circumstances arising from the examination to which he considers that the attention of the Registrar General should be drawn.

(4) The district registrar for a registration district shall, at such time or times as the Registrar General may direct, transmit a relevant register to the Registrar General.

(5) In this section—

• “the unexamined part” of a register is that part of the register which has not previously been examined under subsection (1) above, and

• “the relevant registers” are—

  (a)

  the registers of births, still-births, deaths and marriages, and

  (b)

  any duplicate or copy registers kept in pursuance of directions given by the Registrar General under section 33 of this Act.]

Textual Amendments

F155 S. 34 substituted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 43(3), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

Modifications etc. (not altering text)

C6 S. 34 applied by 2004 c. 33, s. 98(1) (as substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(6), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4))

F156 35 Reproduction of registers. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F156 S. 35 repealed (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 43(4), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

36 Replacement of lost registers etc. S

(1) If any register in the custody of a district registrar, F157 ..., shall be lost, destroyed or mutilated or shall have become illegible, in whole or in part, such fact shall be forthwith communicated to the Registrar General, and the register in the custody of a district registrar which shall have been mutilated or become illegible shall be immediately transmitted to the Registrar General.

(2) The Registrar General shall cause any such register to be corrected or completed or a new register to be made by any process which to him seems fit, and any such corrected, completed or new register which is duly authenticated by the signature of the Registrar General shall be of the same legal force and effect as the original register.

Textual Amendments

F157 Words in s. 36(1) repealed (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 43(5), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

Searches and Extracts, etc. S

[F158 37 Issuing of extracts of entries in current registers S

(1) Subject to subsection (2) below, where a person pays such fee as may be prescribed, the district registrar for a registration district shall, if the part of the registration office concerned is open for the purpose, issue to the person an extract of an entry in the register of births, still-births, deaths or marriages kept by the registrar.

(2) An extract from the register of still-births may be issued only with the consent of the Registrar General in the particular case.]

Textual Amendments

F158 S. 37 substituted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(3), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

38 Search of indexes kept by Registrar General. S

(1) The Registrar General shall cause to be made and [F159 keep] alphabetical indexes of the entries in the registers of births, deaths and marriages sent to him under this Act or any enactment repealed by this Act.

(2) On payment to him of such fee or fees as may be prescribed, the Registrar General shall, at any time when the General Register Office is open for that purpose—

(a) cause a search to be made of the said indexes on behalf of any person or permit that person to search the indexes himself, and

(b) issue to any person an extract of any entry in the said registers which that person may require.

(3) The Registrar General may, if he sees fit in any particular case, and on payment to him of such fee or fees as may be prescribed, cause a search to be made for, and allow any person to have an extract of, any entry in a register of still-births which has been transmitted to him.

Subordinate Legislation Made

P3 S. 3*: for previous exercises of this power see Index to Government Orders.

P4 S. 38(2)(3): s. 54(1) (with ss. 28A(4), 37(2)(3), 38(2)(3), 40(1), 43(8), 47 and 56) power exercised S.I.1991/2817.

Textual Amendments

F159 Word in s. 38(1) substituted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(4), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

Modifications etc. (not altering text)

C7 S. 38(1)(2) applied (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 98, 263(3); S.S.I. 2005/604, art. 2(b)

C8 S. 38(1)(2) applied by 2004 c. 33, s. 98(1) (as substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(6), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4))

C9 S. 38(1) modified (24.3.2016) by The Gender Recognition (Marriage and Civil Partnership Registration) (Modification) (Scotland) Order 2016 (S.S.I. 2016/67), arts. 1, 3(2)

[F160 39A Notice of registration events to third parties S

(1) Where—

(a) the Registrar General receives an application for notice to be given to a person specified in the application of—

(i) a birth (other than a still-birth),

(ii) a death,

(iii) a marriage,

(iv) a change of name or surname or an alternative name,

(b) the application is in the prescribed form,

(c) such fee as may be prescribed has been paid, and

(d) subsection (2) below applies,

the Registrar General shall, if the Registrar General considers it appropriate to do so, give such notice to such person.

(2) This subsection applies—

(a) in the case of a birth, if—

(i) the birth has been registered in accordance with section 16B of this Act, and

(ii) the application is made by a qualified informant in relation to the birth,

(b) in the case of a death, if—

(i) the death has been registered in accordance with section 25B of this Act, and

(ii) the application is made by a qualified informant in relation to the death,

(c) in the case of a marriage, if—

(i) the marriage has been registered in accordance with section 15 or 19 of the Marriage (Scotland) Act 1977, and

(ii) the application is made by a party to the marriage, and

(d) in the case of a change of name or surname or an alternative name, if—

(i) the change or alternative has been recorded in pursuance of section 43 of this Act, and

(ii) the application is made by a relevant person.

(3) In subsection (2)(d)(ii) above, “ relevant person ” means—

(a) in the case of a change of name or surname recorded in pursuance of section 43(3) of this Act, the qualified applicant,

(b) in any other case, the person upon whose application the recording in pursuance of section 43 of this Act proceeded.

(4) An application for the giving of notice under subsection (1) above may be made to—

(a) the Registrar General, or

(b) the district registrar for any registration district.

(5) If such an application is made to a district registrar, the district registrar shall as soon as practicable submit the application to the Registrar General.

(6) For the purpose of subsection (1) above notice shall be given—

(a) in such form as may be prescribed, and

(b) by such means as the Registrar General may determine.

Textual Amendments

F160 Ss. 39A-39E substituted for ss. 39, 40 (1.10.2006 for specified purposes, 1.1.2007 for further specified purposes) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(5), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

Modifications etc. (not altering text)

C10 S. 39A applied (with modifications) by 2004 c. 33, s. 98(2)(3) (as substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(6), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4))

39B Application by third party for notification of death S

(1) Where—

(a) an application is made to the Registrar General for notice to be given of a death in Scotland to the applicant,

(b) the application is in the prescribed form,

(c) such fee as may be prescribed has been paid, and

(d) the death has been registered in accordance with section 25B of this Act,

the Registrar General shall, if the Registrar General considers it appropriate to do so, give such notice to such person.

(2) For the purpose of subsection (1) above notice shall be given—

(a) in such form as may be prescribed, and

(b) by such means as the Registrar General may determine.

Textual Amendments

F160 Ss. 39A-39E substituted for ss. 39, 40 (1.10.2006 for specified purposes, 1.1.2007 for further specified purposes) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(5), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

39C Provision of information to district registrars S

(1) The Registrar General shall make arrangements for the district registrar for each registration district to have access to—

(a) a copy of such of the entries in—

(i) the registers of births, deaths and marriages transmitted to the Registrar General under [F161 section 34(4)] of this Act, or any enactment repealed by this Act, by any district registrar,

(ii) the Register of Divorces, and

(iii) the parochial registers in the custody of the Registrar General,

as the Registrar General may determine,

(b) an alphabetical index of those entries, and

(c) a copy of any entry in the Register of Corrections Etc. which relates to an entry referred to in that index.

(2) For the purposes of subsection (1) above—

(a) a copy may be made by such means as the Registrar General shall determine, and

(b) different arrangements and determinations may be made in respect of different registration districts.

Textual Amendments

F160 Ss. 39A-39E substituted for ss. 39, 40 (1.10.2006 for specified purposes, 1.1.2007 for further specified purposes) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(5), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F161 Words in s. 39C(1)(a)(i) substituted (21.5.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 32, 36; S.S.I. 2014/121, art. 2(g)

Modifications etc. (not altering text)

C11 S. 39C applied by 2004 c. 33, s. 98(1) (as substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(6), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4))

39D Searching of indexes and issuing of extracts by district registrars S

(1) Where a person pays such fee as may be prescribed, the district registrar for a registration district shall, if the part of the registration office concerned is open for the purpose—

(a) search the index to which the registrar has access by virtue of section 39C(1)(b) of this Act (or permit the person to do so), and

(b) issue to the person an extract of a copy of an entry to which the registrar has access by virtue of section 39C(1)(a) of this Act.

(2) Section 44(3) of this Act shall apply to the issue under this section of an extract of a copy of an entry as it applies to the issue of an extract of an entry.

Textual Amendments

F160 Ss. 39A-39E substituted for ss. 39, 40 (1.10.2006 for specified purposes, 1.1.2007 for further specified purposes) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(5), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

39E Abbreviated extracts S

(1) Where the district registrar for a registration district registers the particulars of a birth or death, that person shall without charge—

(a) immediately after so doing, give to the informant, or

(b) before the expiry of two working days beginning with the date of registration, send to the informant by post,

an abbreviated extract of the entry in the register of births or, as the case may be, deaths.

(2) Subsection (1) above shall not apply to—

(a) re-registration of a birth under section 20 of this Act, or

(b) registration of a still-birth under section 21 of this Act.

(3) Subject to subsection (5) below, where a person pays such fee as may be prescribed—

(a) the district registrar for a registration district shall issue to the person an abbreviated extract of—

(i) an entry in a register of births or deaths kept by the registrar; or

(ii) a copy of an entry in a register of births or deaths to which the registrar has access by virtue of section 39C of this Act,

(b) the Registrar General shall issue to the person an abbreviated extract of an entry in a register of births or deaths kept by the Registrar General.

(4) An abbreviated extract shall contain such particulars as may be prescribed.

(5 ) An abbreviated extract based on information contained in the Adopted Children Register maintained under [F162 section   53(1) of the Adoption and Children (Scotland) Act 2007 (asp 4)] —

(a) shall not include any reference to adoption, and

(b) may be obtained only from the Registrar General.]

Textual Amendments

F160 Ss. 39A-39E substituted for ss. 39, 40 (1.10.2006 for specified purposes, 1.1.2007 for further specified purposes) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(5), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F162 Words in s. 39E(5) substituted (27.1.2010) by Adoption and Children (Scotland) Act 2007 (Modification of Enactments) Order 2010 (S.S.I. 2010/21), art. 1, Sch. para. 1

Modifications etc. (not altering text)

C12 S. 39E(5) modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 5, Sch. 4

C13 S. 39E(5) modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 3

[F163 41 Form and authentication of registration information S

(1) The documents mentioned in subsection (2) below shall be—

(a) in such form as may be prescribed, and

(b) authenticated in such manner as may be prescribed.

(2) Those documents are—

(a) extracts issued under this Act, and

(b) notices given under section 39A or 39B of this Act.

Textual Amendments

F163 Ss. 41 41A substituted for s. 41 (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(6), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

41A Admissibility of registration information as evidence S

(1) A document mentioned in subsection (2) below shall be sufficient evidence of the birth, still-birth, death, marriage, civil partnership, divorce, dissolution of civil partnership, change of name or surname, alternative name or declarator of nullity of marriage to which, as the case may be, it relates.

(2) Those documents are—

(a) an extract issued under this Act,

(b) a notice given under section 39A or 39B of this Act.]

Textual Amendments

F163 Ss. 41 41A substituted for s. 41 (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(6), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

Modifications etc. (not altering text)

C14 S. 41A modified (23.9.2022) by S.S.I. 2016/67, art. 5 (as inserted by The Gender Recognition (Marriage and Civil Partnership Registration) (Modification) (Scotland) Amendment Order 2022 (S.S.I. 2022/202), arts. 1, 2(3))

Corrections and Changes of Name or Surname S

42 Correction of errors in registers. S

(1) No alteration shall be made in any register of births, still-births, deaths or marriages except as authorised by or under this or any other Act.

[F164 (2) Subject to subsection (3A) below, the district registrar for a registration district may correct a relevant error in an entry in a register of births, still-births, deaths or marriages kept or held by him.

(3) In subsection (2) above, “relevant error” means—

(a) in respect of an entry relating to a birth or death—

(i) a clerical error arising from the faulty transcription of particulars provided by a qualified informant, or

(ii) an error of such other description as may be prescribed, and

(b) in respect of an entry relating to a marriage—

(i) a clerical error arising from the faulty transcription of particulars from a Marriage Schedule, or

(ii) an error of such other description as may be prescribed.

(3A) Subsection (2) above does not apply if the entry is in a part which has been examined under section 34 of this Act.]

(4) The Registrar General may authorise district examiners to correct any such type of error as he may specify which they may discover in entries [F165 in a register] during the course of their examination F166 ... under section 34 of this Act.

(5) The Registrar General may authorise the correction of any errors not dealt with under the preceding provisions of this section, by causing an appropriate entry to be made in the Register of Corrections Etc., and where the Registrar General refuses so to authorise such a correction the person who claims that an error has been made may appeal to the sheriff, whose decision in the matter shall be final.

Subordinate Legislation Made

P5 S. 42 for previous exercises of this power see Index to Government Orders

Textual Amendments

F164 S. 42(2)-(3A) substituted for s. 42(2)(3) (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 45(2), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

F165 Words in s. 42(4) inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 43(6)(a), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

F166 Words in s. 42(4) repealed (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 43(6)(b), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

Modifications etc. (not altering text)

C15 S. 42(1) applied (4.4.2005) by Gender Recognition Act 2004 (c. 7), s. 26, Sch. 3 para. 18; S.I. 2005/54, art. 2

C16 S. 42(5) applied (4.4.2005) by Gender Recognition Act 2004 (c. 7), s. 26, Sch. 3 para. 18; S.I. 2005/54, art. 2

43 Recording of baptismal name or change of name or surname. S

(1) The following provisions of this section, except subsection 6(b), shall apply only to persons whose births are registered in Scotland, and, without prejudice to the provisions of section 24 of the M6 Adoption Act 1958 relating to the giving or taking of a new name, to persons in respect of whom there is an entry in the Adopted Children Register maintained by the Registrar General under section 22 of that Act.

(2) In this section “change” in relation to a name or surname includes any change by way of substitution, addition, omission, spelling or hyphenation.

(3) Where, within twelve months from the date of the birth of any child, the name by which it was registered is changed or, if it was registered without a name, a name is given to the child, the Registrar General F167 ...

F167 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F167 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall[F168 , where, within two years from the date of the birth of the child, an application in the prescribed form is made to the Registrar General in respect of that matter by the qualified applicant,] cause an entry containing the name mentioned in the [F169 application] to be made in the Register of Corrections Etc., and only one such entry may be made under this subsection in respect of any one child.

F170 . . ..

(4) Where an application in the prescribed form is made to the Registrar General by the qualified applicant in respect of the change of name or surname of a child under sixteen years of age the Registrar General may record that change of name or surname by causing an appropriate entry to be made in the Register of Corrections Etc.—

F171 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F172 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Only one change of name and one change of surname in respect of any one child may be recorded under this subsection, but no change of name shall be recorded under this subsection in the case of a child in respect of whom a change of name has been recorded by virtue of the last foregoing subsection.

(5) F173 Where an application in the prescribed form is made to the Registrar General in respect of a change of name or surname, in the case of a person over sixteen years of age . . ., by that person, the Registrar General may record that change of name or surname by causing an appropriate entry to be made in the Register of Corrections Etc.—

F174 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F175 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Only one change of name and three changes of surname in respect of any one person may be recorded under this subsection, and a period of five years must elapse after one change of surname is recorded before another such change may be recorded.

(6) Notwithstanding the foregoing provisions of this section, where an application is made to the Registrar General in respect of a change of name or surname—

(a) in the case of a child under sixteen years of age, by [F176 the qualified applicant] of that child, in the case of a person over sixteen years of age F173 . . . , by that person, and there is produced to the Registrar General—

(i) a decree or certificate of change of name or surname pronounced or, as the case may be, granted by or on behalf of the Lyon King of Arms, or

(ii) a certified copy of a will, settlement, or deed of trust containing a condition that the person concerned shall take a name or surname different from that in which his birth was registered, together with evidence to the satisfaction of the Registrar General that the name or surname has thereafter been so changed, or

(b) in the case of a male person who has married in Scotland and who has changed his name or surname following his marriage, by that person, and there is produced to the Registrar General a decree or certificate as described in the foregoing paragraph,

the Registrar General may record that change of name or surname by causing an appropriate entry to be made in the Register of Corrections Etc.

(7) Where an application is made to the Registrar General in respect of the recording of an alternative name, being the English equivalent of a non-English name, in the case of a child under sixteen years of age, by [F176 the qualified applicant] of that child, in the case of a person over sixteen years of age F173 . . ., by that person, the Registrar General may record that name as an alternative name by causing an appropriate entry to be made in the Register of Corrections Etc.

(8) On making an application under any of the provisions of this section the applicant shall pay such fees as may be prescribed.

(9) Nothing in this section shall affect any rule of law as respects change of name or surname, and in particular, without prejudice to that generality, the validity as evidence of change of name or surname of a decree or certificate pronounced or, as the case may be, granted by or on behalf of the Lyon King of Arms.

[F177 (9A) In this section “ qualified applicant ” means—

(a) where only one parent has parental responsibilities in relation to the child, that parent;

(b) where both parents have such responsibilities in relation to the child, both parents; and

(c) where neither parent has such responsibilities, any other person who has such responsibilities.

(9B) A person may be a qualified applicant for the purposes of this section whether or not he has attained the age of sixteen years]

F178 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate Legislation Made

P6 S. 43: for previous exercises of this power see Index to Government Orders.

P7 S. 43(8): s. 54(1) (with ss. 28A(4), 37(2)(3), 38(2)(3), 43(8), 47 and 56) power exercised by S.I. 1991/2817.

Textual Amendments

F167 Words in s. 43(3) repealed (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 46(a)(i), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F168 Words in s. 43(3) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 46(a)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F169 Word in s. 43(3) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 46(a)(iii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F170 Words in s. 43(3) repealed (1.11.1995) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 12(3)(a), Sch. 5; S.I. 1995/2787, art. 3, Sch. Table

F171 S. 43(4)(a) and word repealed (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 46(b)(i)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F172 S. 43(4)(b) repealed (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 46(b)(iii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F173 Words in s. 43(5)(6)(7) repealed (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(2), 11(2), Sch. 2

F174 S. 43(5)(a) and word repealed (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 46(b)(i)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F175 S. 43(5)(b) repealed (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 46(b)(iii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

F176 Words in s. 43(6)(a)(7) substituted (1.11.1995) by 1995 c. 36, s. 105(4), Sch. 4 para. 12(3)(b); S.I. 1995/2787, art. 3, Sch.

F177 S. 43(9A)(9B) inserted (1.11.1995) by 1995 c. 36, s. 105(4), Sch. 4 para. 12(3)(c); S.I. 1995/2787, art. 3, Sch.

F178 S. 43(10) repealed (1.11.1995) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 12(3)(d), Sch. 5; S.I. 1995/2787, art. 3, Sch. Table

Modifications etc. (not altering text)

C17 S. 43(1) applied (4.4.2005) by Gender Recognition Act 2004 (c. 7), s. 26, Sch. 3 para. 18; S.I. 2005/54, art. 2

C18 S. 43(1) modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 5, Sch. 4

C19 S. 43(1) modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 4

C20 S. 43(2) applied (4.4.2005) by Gender Recognition Act 2004 (c. 7), s. 26, Sch. 3 para. 18; S.I. 2005/54, art. 2

C21 S. 43(5)-(9) applied (4.4.2005) by Gender Recognition Act 2004 (c. 7), s. 26, Sch. 3 para. 18; S.I. 2005/54, art. 2

Marginal Citations

M6 1958 c. 5. (7 & 8 Eliz. 2).

44 Register of Corrections Etc. S

(1) There shall be established a Register of Corrections Etc., which shall be used to record in relation to any entries in the registers any matters for which provision is so made under this Act and such further corrections, amendments and particulars of events occurring subsequent to registration as the Registrar General may from time to time direct.

(2) All existing registers of corrected entries shall have effect as if they were part of the Register of Corrections Etc.

(3) In issuing an extract of any entry in respect of which an insertion relating to an error has been made in the Register of Corrections Etc., F179 ..., effect shall be given to the amended particulars contained in such an insertion.

(4) The extent to which and the manner in which any other class of insertions in the Register of Corrections Etc., shall be given effect in any extract, F180 ..., shall be as prescribed.

Textual Amendments

F179 Words in s. 44(3) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(7)(a), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F180 Words in s. 44(4) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(7)(b), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

Modifications etc. (not altering text)

C22 S. 44 applied (4.4.2005) by Gender Recognition Act 2004 (c. 7), s. 26, Sch. 3 para. 18; S.I. 2005/54, art. 2

C23 S. 44 applied (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 98, 263(3); S.S.I. 2005/604, art. 2(b)

C24 S. 44 applied by 2004 c. 33, s. 98(1) (as substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(6), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4))

Parochial Registers S

45 Correction of entries in parochial registers. S

[F181 (1)] If any error shall be discovered in an entry relating to a birth or baptism, death or burial, proclamation of banns or marriage in any parochial register kept and in use prior to 1st January 1855, the Registrar General may, on the application of any person having an interest and after inspection of any written evidence, authorise the correction of the entry, which shall be done by making an appropriate insertion in a Register of Corrections Etc., kept for the purpose by the Registrar General.

[F182 (2) The reference in subsection (1) above to written evidence includes evidence which is submitted by electronic means if it is received in a form which is legible and capable of being used for subsequent reference.]

Textual Amendments

F181 S. 45 renumbered as s. 45(1) (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 45(3)(a), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

F182 S. 45(2) inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 45(3)(b), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

46 Parochial registers to be transmitted to Registrar General. S

(1) Subject to the following subsection, all such parochial registers as aforesaid shall, so far as they are not already in the custody of the Registrar General, be transmitted to him for custody in the General Register Office.

(2) Where a parochial register forms part of any other record or document or where for any other reason it would be inappropriate so to transmit the register, the duty to do so shall be discharged if there is transmitted to the Registrar General a copy of the register reproduced by photography, xerography or any other process approved by the Registrar General, or if an opportunity so to reproduce the register is afforded to the Registrar General.

(3) Notwithstanding the provisions of section 3(2) of this Act, it shall be lawful for the Registrar General to transmit to the Keeper of the Records of Scotland any parochial register or copy of such register, which is in the custody of the Registrar General by virtue of this or any other Act, if in his opinion the retention by him of that register or copy register is no longer necessary.

47 Search of parochial registers etc., and provision of extracts therefrom. S

On payment to him of such fee or fees as may be prescribed, the Registrar General shall, at any time when the General Register Office is open for that purpose—

(a) cause a search to be made of the aforesaid parochial registers or any copies or indexes thereof on behalf of any person or permit that person to search the registers, copies or indexes himself, and

(b) issue to any person an extract of any entry in the said registers or copies which that person may require.

Subordinate Legislation Made

P8 S. 47: s. 54(1) (with ss. 28A(4), 37(2)(3), 38(2)(3), 40(1), 43(8), 47 and 56) power exercised by S.I.1991/2817.

S. 47: for previous exercises of this power see Index to Government Orders.

Miscellaneous S

48 Decrees of court altering status. S

Where a decree altering the status of any person has been granted by any competent court the clerk of court shall, where no appeal has been made against such decree, on the expiration of the time within which such an appeal may be made, or where an appeal has been made against such a decree, on the conclusion of any appellate proceedings, notify the import of such decree in the prescribed form to the Registrar General who shall thereupon cause an appropriate entry to be made—

[F183 (a) where the decree is of divorce or of declarator of nullity of marriage, in the Register of Divorces; and

(b) in any other case,]

in the Register of Corrections Etc.

Textual Amendments

F183 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 105), s. 50(2)

49 Signing by mark by persons unable to write. S

If any person whose signature is necessary under this Act is unable to write, it shall be lawful for him to adhibit a cross or other mark in the presence of the district registrar or two witnesses who shall also adhibit their signatures and designations, and such cross or mark shall be in all respects as binding and effectual as the signature of such person would have been if he had been capable of writing.

50 Events occurring in institutions. S

The chief officer, matron or other person in charge of a hospital, F184 . . . or other such institution [F185 or of accommodation provided by a care home service (“care home service” having the meaning given by [F186 paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010] (asp 8))] who has been so requested by the Registrar General, shall, at such times and in such manner as the Registrar General may require, transmit to the district registrar of the registration district in which the institution [F187 or accommodation] is situate, a list containing particulars of births and deaths occurring in such institution [F187 or accommodation].

Textual Amendments

F184 Words in s. 50 repealed (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 2(a); S.S.I. 2002/162, arts. 1, 2(h) (subject to arts. 3-13)

F185 Words in s. 50 inserted (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 2(b); S.S.I. 2002/162, arts. 1, 2(h) (subject to arts. 3-13)

F186 Words in s. 50 substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, Sch. 1 para. 1

F187 Words in s. 50 inserted (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 2(c); S.S.I. 2002/162, arts. 1, 2(h) (subject to arts. 3-13)

51 Returns to be made by registrar. S

Every district registrar shall—

(a) at such times and in such manner as the Registrar General may direct, furnish to the Registrar General returns relating to the entries of births, deaths and marriages and any other information obtained by the registrar in the execution of his duties which the Registrar General may require, and

(b) supply to the [F188 Chief administrative medical officer of the Health Board] in whose area the registration office is situate such periodical returns of births and deaths as may be required by the Secretary of State.

Textual Amendments

F188 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 129

52 Sending of documents by post. S

Any notice, information, declaration, certificate, requisition, return or other document required to be served, sent or issued by a district registrar by or under this Act [F189 or the M7 Marriage (Scotland) Act 1977] may, unless the context otherwise requires, be sent by post or in accordance with any directions which may be given by the Registrar General.

Textual Amendments

F189 Words inserted by Marriage (Scotland) Act 1977 (c. 15), Sch. 2 para. 9

Marginal Citations

M7 1977 c. 15.

53 Offences. S

(1) If any person commits any of the following offences, that is to say—

(a) if he knowingly gives to a district registrar [F190 or the Registrar General] information which is false in a material particular;

(b) if he falsifies or forges any extract, certificate or declaration issued or made, or purporting to be issued or made, under this Act; or

(c) if he knowingly uses, or gives or sends to any person, as genuine any false or forged extract, certificate or declaration issued or made, or purporting to be issued or made, under this Act,

he shall be liable

(i) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both;

(ii) on summary conviction, to a fine not exceeding £100 or to imprisonment for a term not exceeding 3 months or to both.

(2) If any person commits any of the following offences, that is to say—

(a) if he wilfully or negligently destroys, obliterates, erases or injures any entry in any register kept under this Act, or causes or permits the register or any part thereof to be destroyed, obliterated, erased or injured; or

(b) if he knowingly gives to a district registrar, for the purpose of registration in a register, particulars of a birth or of a death which have already been registered in that or any other register,

he shall be liable on summary conviction to a fine not exceeding [F191 level 3 on the standard scale].

(3) If any person commits any of the following offences, that is to say—

(a) if being required by or under this Act to give information concerning any birth or death or any dead body, he wilfully refuses to answer any question put to him by a district registrar relating to the particulars required to be registered concerning the birth or death, or save as provided in this Act, fails to comply with any requirement of a district registrar made thereunder;

(b) if he refuses or fails without reasonable cause to give, deliver or send any certificate which he is required by this Act to give, deliver or send;

(c) if, being a parent, and save as provided in this Act, he fails [F192 without reasonable excuse]to give information concerning the birth of his child as required by this Act;

(d) if, being a person upon whom duty to give information concerning a death is imposed by section 23(1) of this Act, he fails to give that information and that information is not given; or

(e) if he passes as genuine any reproduction of an extract F193 ... if such reproduction has not been authenticated in accordance with section 41(1) of this Act,

he shall be liable on summary conviction to a fine not exceeding [F194 level 1 on the standard scale].

Textual Amendments

F190 Words in s. 53(1)(a) inserted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 47(2), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F191 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F192 Words in s. 53(3)(c) inserted (1.11.1995) by 1995 c. 36, s. 105(4), Sch. 4 para. 12(4); S.I. 1995/2787, art. 3, Sch.

F193 Words in s. 53(3)(e) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 44(8), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F194 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) ss. 289F, 289G

Modifications etc. (not altering text)

C25 S. 53(1)(a) amended by Marriage (Scotland) Act 1977 (c. 15), s. 24(3)

54 Regulations. S

(1) The Registrar General may, with the approval of the Secretary of State, by statutory instrument make regulations—

(a) prescribing the circumstances, of hardship or otherwise, in which fees prescribed under this Act may be remitted by the Registrar General;

(b) prescribing anything which by this Act is required to be prescribed;

(c) . . . F195

(d) . . . F196

[F197 (1A) Regulations prescribing the form of a register of marriages under section 32 may make different provision for different cases or circumstances.]

(2) Any statutory instrument containing regulations . . . F198

[F199 (a) prescribing fees for the purposes of this Act]

[F200 (b) prescribing cases or classes of case for the purpose of section 20(1A)(b) of this Act,]

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The M8 Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations made under this section as if the regulations had been made by a Minister of the Crown.

Subordinate Legislation Made

P9 S. 54: for previous exercises of power see Index to Government Orders

P10 S. 54(1): s. 54(1) (with ss. 28A(4), 37(2)(3), 38(2)(3), 40(1), 43(8), 47 and 56) power exercised by S.I.1991/2817.

P11 S. 54(1)(b): s. 42(2)(with s. 54(1)(b)) power exercised by S.I. 1991/1260

Textual Amendments

F195 S. 54(1)(c) repealed by Marriage (Scotland) Act 1977 (c. 15), Sch. 3

F196 S. 54(1)(d) repealed by Children Act 1975 (c. 72), Sch. 4 Pt III

F197 S. 54(1A) inserted (1.9.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 33, 36; S.S.I. 2014/212, art. 2, Sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), Sch.)

F198 Words repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. I Pt. XII

F199 Words in s. 54(2) renumbered as s. 54(2)(a) (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 41(3)(a), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

F200 S. 54(2)(b) inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 41(3)(b), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

Modifications etc. (not altering text)

C26 S. 54 extended by Social Security Act 1975 (c. 14), s. 160(1)

C27 S. 54 extended (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss.124, 186, 192(4), Sch. 10 para. 3(1).

Marginal Citations

M8 1946. c. 36.

[F201 54A Form, and manner of attestation, of documents S

(1) Regulations prescribing the form of a document may, unless the document requires to be signed, make provision for the document to be electronic rather than paper-based.

(2) Regulations prescribing the manner in which a document requires to be attested may make different provision for different cases or circumstances.]

Textual Amendments

F201 S. 54A inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 47(3), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)

55 Expenses. S

There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided by way of Exchequer Equalisation Grant under the enactments relating to local government in Scotland.

56 Interpretation. S

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings respectively assigned to them, that is to say—

• [F202 “the 2011 Act” means the Certification of Death (Scotland) Act 2011 (asp 11);]

• “birth”, except in relation to registers of births, includes a still-birth;

• “district registrar” has the meaning assigned to it in section 7(12) of this Act;

• “function” includes power and duty;

• [F203 “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;]

• [F204 “medical reviewer” means a person appointed under paragraph 7A(1) of Schedule 5A to the National Health Service (Scotland) Act 1978 (c. 29);]

• F205 . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F206

• “name” means Christian name or forename;

• “occupier”, in relation to any institution, includes the governor, keeper, matron, superintendent, or other person in charge thereof, and, in relation to a house, includes any person residing therein;

• [F207 “parentage” has the meaning assigned to it in section 8 of the Law Reform (Parent and Child) (Scotland) Act 1986, and “non-parentage” shall be construed accordingly;]

• [F208 “parental responsibilities” has the meaning given in section 1(3) of the Children (Scotland) Act 1995;]

• “prescribed” means prescribed by regulations made under section 54 of this Act;

• “qualified informant”, in relation to any birth or death, means a person who is by this Act required or stated to be qualified to give information concerning that birth or death;

• “relative” includes a relative by marriage, . . . F209 [F210 , a civil partner and anyone related to the civil partner of the person as regards whom the expression is being construed];

• [F211 “senior medical reviewer” means a person appointed under paragraph 7A(2) of Schedule 5A to the National Health Service (Scotland) Act 1978 (c. 29);]

• “still-born child” means a child which has issued forth from its mother after the [F212 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;

• F205 . . .

(2) Except in so far as the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

[F213 (3) Section 1(1) (legal equality of children) of the Law Reform (Parent and Child) (Scotland) Act 1986 shall apply to this Act; and any reference (however expressed) in this Act to a relative shall, unless the contrary intention appears, be construed accordingly.]

Subordinate Legislation Made

P12 S. 56: s. 54(1) (with ss. 28A(4), 37(2)(3), 38(2)(3), 40(1), 43(8), 47 and 56) power exercised by S.I. 1991/2817.

Textual Amendments

F202 Words in s. 56(1) inserted (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), Sch. 2 para. 6(a); S.S.I. 2015/115, art. 3

F203 Definition of “local authority” in s. 56(1) inserted (1.4.1996) by 1994 c. 39, s. 51(5) (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1

F204 Words in s. 56(1) inserted (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), Sch. 2 para. 6(b); S.S.I. 2015/115, art. 3

F205 Definitions in s. 56(1) repealed (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(2), 11(2), Sch. 2

F206 Definition repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F207 Definitions inserted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(9)

F208 Definition in s. 56(1) inserted (1.11.1995) by 1995 c. 36, s. 105(4), Sch. 4 para. 12(5); S.I. 1995/2787, art. 3, Sch.

F209 Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. I

F210 Words in s. 56(1) inserted (14.9.2005) by Civil Partnership Act 2004 (c. 33), ss. 136, 263(3); S.S.I. 2005/428, art. 2, Sch.

F211 Words in s. 56(1) inserted (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), Sch. 2 para. 6(c); S.S.I. 2015/115, art. 3

F212 Words in s. 56(1) substituted (1.10.1992) by Still-Birth (Definition) Act 1992 (c. 29), ss. 1(2), 4(2).

F213 S. 56(3) added by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(10)

57 Savings etc. S

(1) Any registration effected, extract or certificate issued, notice or information given, order, regulations or return made or other thing done under any enactment repealed by this Act shall, if in force at the commencement of this Act, continue in force and have effect as if effected, issued, given, made or done under the corresponding provision of this Act.

F214 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F214 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any document referring to an enactment repealed by this Act shall, unless the contrary intention appears, be construed as referring to the corresponding provision of this Act.

(5) Nothing in this Act shall affect any provision of the M9 Population Statistics Act 1938 requiring particulars to be furnished for the purposes of that Act.

(6) Nothing in the foregoing provisions of this section or in the provisions of the next following section shall be taken as prejudicing the operation of [F215 sections 16(1) and 17(2)(a) of the M10 Interpretation Act 1978] which [F215 relate] to the effect of repeals.

Textual Amendments

F214 S. 57(2)(3) repealed (5.11.1993) by 1993 c. 50, s.1(1), Sch. 1 Pt. VIII.

F215 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M9 1938 c. 12.

M10 1978 c. 30.

58 Consequential amendments and repeals. S

(1) The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments respectively specified in that Schedule, being amendments consequential on the provisions of this Act.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F216

Textual Amendments

F216 S. 58(2) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt XI

Modifications etc. (not altering text)

C28 The text of s. 58(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

59 Short title, extent and commence-ment. S

(1) This Act may be cited as the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

(2) This Act shall extend to Scotland only.

(3) This Act shall come into force on 1st January 1966.