The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1994

Statutory Instruments

1994 No. 3151 (S.175)

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC.

The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1994

Made

5th December 1994

Coming into force

1st January 1995

The Registrar General, in exercise of the powers conferred upon him by sections 40(2), 43(4) and (5), 54(1)(b) and 56 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(1) and of all other powers enabling him in that behalf and with the approval of the Secretary of State, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1994 and shall come into force on 1st January 1995.

Interpretation

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

Amendment of the principal regulations

3.  For regulation 16 of the principal regulations there shall be substituted the following regulation:—

“16.   The abbreviated certificate of birth based on information contained in the Adopted Children Register or the Parental Order Register and issued under section 40(2) of the Act shall be in the form or as nearly as may be in the form set out in Schedule 16 to these regulations.”.

4.  For the form set out in Schedule 16 to the principal regulations(3), there shall be substituted the form set out in Schedule 1 to these regulations.

5.  For the form set out in Schedule 23 to the principal regulations there shall be substituted the form set out in Schedule 2 to these regulations.

6.  For the form set out in Schedule 24 to the principal regulations(4) there shall be substituted the form set out in Schedule 3 to these regulations.

Revocation

7.  Regulation 7 of and Schedule 5 to the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1971(5) are hereby revoked.

James Meldrum

Registrar General for Scotland

New Register House,

Edinburgh

2nd December 1994

Approved by the Secretary of State

Fraser of Carmyllie

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

5th December 1994

Regulation 4.

SCHEDULE 1

“ABBREVIATED CERTIFICATE OF BIRTHRegistration of Births, Deaths and Marriages (Scotland) Act 1965, S.40

”

Regulation 5.

SCHEDULE 2

“Application for recording of change of name or surname (Child under 16 years)

”

Regulation 6.

SCHEDULE 3

“Application for recording of change of name or surname (Person over 16 years of age)

”

Explanatory Note

(This note is not part of the Regulations)

These regulations amend the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1965. Regulations 3 and 4 of and Schedule 1 to these regulations substitute a new form of abbreviated certificate of birth to be used in the case of children who have been the subject of an adoption order or a parental order under section 30 of the Human Fertilisation and Embryology Act 1990 (c. 37).

Regulations 5 and 6 of and Schedules 2 and 3 to these regulations substitute new forms for an application for recording a change of name or surname of a child under 16 years of age and a person over 16 years of age. The amendments made to those forms are consequential upon the requirement upon the Registrar General to maintain the Parental Order Register in terms of the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994 (S.I. 1994/2804) and the change in the legal capacity of persons over 16 years introduced by the Age of Legal Capacity (Scotland) Act 1991 (c. 50).

(1)

1965 c. 49; in section 40(2), the references to “the Adopted Children Register maintained under section 22(1) of the Adoption Act 1958” and to “adoption” are to be read, in relation to parental orders and applications for such orders, in accordance with paragraph 2(1) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994 (S.I. 1994/2804); section 43(5) was amended by Schedule 2 to the Age of Legal Capacity (Scotland) Act 1991 (c. 50); section 56 contains a definition of “prescribed” relevant to the exercise of statutory powers under which these Regulations are made.

(2)

S.I. 1965/1839; the relevant amending instrument is S.I. 1971/1158.

(3)

Schedule 16 was substituted by regulation 7 of S.I. 1971/1158.

(4)

Schedule 24 was amended by Part II of Schedule 1 to, the Age of Majority (Scotland) Act 1969 (c. 39).

(5)

S.I. 1971/1158.