The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 2009

Scottish Statutory Instruments

2009 No. 315  

Registration Of Births, Deaths, Marriages,etc

Marriage

The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 2009

Made

16th September 2009

Coming into force

28th September 2009

The Registrar General makes the following Regulations in exercise of the powers conferred by the Registration of Births, Deaths and Marriages (Scotland) Act 1965(1), sections 13(1), 18(1)(b)(i)(aa) and (c)(i), 21(4) and (5), 22(1), 32(1), 39B(1)(b), 43(3) to (5) and 54(1)(b), the Marriage (Scotland) Act 1977(2), sections 3(1) and 6(1), and all other powers enabling him to do so.

The Scottish Ministers(3) have approved the making of these Regulations in accordance with section 54(1) of the Register of Births, Deaths and Marriages (Scotland) Act 1965 and section 25(1) of the Marriage (Scotland) Act 1977.

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 2009 and come into force on 28th September 2009.

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

2.—(1) The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997(4) are amended in accordance with this regulation.

(2) For the form set out in Schedule 1 (birth register page) substitute the form set out in Schedule 1 to these Regulations.

(3) For the form set out in Schedule 2 (still-birth register page) substitute the form set out in Schedule 2 to these Regulations.

(4) For the form set out in Schedule 8 (certificate of registration of still-birth) substitute the form set out in Schedule 3 to these Regulations.

(5) For the form set out in Schedule 9 (notice of burial of still-born child) substitute the form set out in Schedule 4 to these Regulations.

(6) For the form set out in Schedule 10 (death register page) substitute the form set out in Schedule 5 to these Regulations.

(7) For the form set out in Schedule 15A (application for disclosure of death information scheme)(5) substitute the form set out in Schedule 6 to these Regulations.

(8) For the form set out in Schedule 17 (marriage register page) substitute the form set out in Schedule 7 to these Regulations.

(9) For the form set out in Schedule 18 (certificate for recording of forename(s) or change of forename(s) of child under twelve months of age) substitute the form set out in Schedule 8 to these Regulations.

(10) For the form set out in Schedule 19 (application for recording of change of forename(s) or surname(s) of child under 16 years of age) substitute the form set out in Schedule 9 to these Regulations.

(11) For the form set out in Schedule 20 (application for recording of change of forename(s) or surname(s) of person over 16 years of age) substitute the form set out in Schedule 10 to these Regulations.

(12) For the form set out in Schedule 21 (declaration of the mother of a child whose parents are not married to each other and have not been so married since the child’s conception) substitute the form set out in Schedule 11 to these Regulations.

(13) For the form set out in Schedule 22 (declaration of the father of a child whose parents are not married to each other and have not been so married since the child’s conception) substitute the form set out in Schedule 12 to these Regulations.

Amendment of the Marriage (Prescription of forms) (Scotland) Regulations 1997

3.—(1) The Marriage (Prescription of Forms) (Scotland) Regulations 1997(6) are amended in accordance with this regulation.

(2) For the form set out in Schedule 1 (marriage notice) substitute the form set out in Schedule 13 to these Regulations.

(3) For the form set out in Schedule 3 (marriage schedule) substitute the form set out in Schedule 14 to these Regulations.

DUNCAN MACNIVEN

Registrar General for Scotland

New Register House,

Edinburgh

16th September 2009

Approved by the Scottish Ministers

JIM MATHER

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th September 2009

Regulation 2(2)

SCHEDULE 1 BIRTH REGISTER PAGE

Regulation 2(3)

SCHEDULE 2 STILL-BIRTH REGISTER PAGE

Regulation 2(4)

SCHEDULE 3

Regulation 2(5)

SCHEDULE 4

Regulation 2(6)

SCHEDULE 5 DEATH REGISTER PAGE

Regulation 2(7)

SCHEDULE 6

Regulation 2(8)

SCHEDULE 7 MARRIAGE REGISTER PAGE

Regulation 2(9)

SCHEDULE 8

Regulation 2(10)

SCHEDULE 9

Regulation 2(11)

SCHEDULE 10

Regulation 2(12)

SCHEDULE 11

Regulation 2(13)

SCHEDULE 12

Regulation 3(2)

SCHEDULE 13

Regulation 3(3)

SCHEDULE 14

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Registration of Births, Deaths and Marriages (Scotland) Act 1965 was amended by the Human Fertilisation and Embryology Act 2008 (c. 22) to make provision for the parenthood of children born as a result of assisted reproduction. These Regulations amend forms to reflect those consequential changes.

The Adoption and Children (Scotland) Act 2007 (asp 4) provides for adoption by same-sex couples and these Regulations also amend forms referring to parents to reflect this.

Regulation 2 amends forms in the Registration of Births, Deaths and Marriages (Prescription of forms) (Scotland) Regulations 1997 and regulation 3 amends forms in the Marriage (Prescription of Forms) (Scotland) Regulations 1997.

Regulation 2(7) also amends the form of application by a third party for notification of death, to require further information.

(1)

1965 c.49 (“the 1965 Act”). Section 18(1)(b)(i)(aa) and (c)(i) of the 1965 Act was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c.9), section 10(1) and Schedule 1, paragraph 8(2). Section 21(4) of the 1965 Act was amended by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) (“the 2006 Act”), section 40(4)(a). Section 32(1) of the 1965 Act was amended by the Marriage (Scotland) Act 1977 (c.15), Schedule 2, paragraph 8. Section 39B(1)(b) of the 1965 Act was inserted by the 2006 Act, section 44(5). Section 43 of the 1965 Act was amended by the Age of Legal Capacity (Scotland) Act 1991 (c.50), Schedule 2, paragraph 1, the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 12(3)(a) and the 2006 Act, section 46. Section 1 of the 1965 Act contains a definition of “Registrar General” and section 56 contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

1977 c.15. Section 26 of that Act applies a definition of “Registrar General” in section 1 of the 1965 Act and contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

(3)

The functions of the Secretary of State under the 1965 Act and the Marriage (Scotland) Act 1977 were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(4)

S.I. 1997/2348, relevantly amended by S.S.I. 1999/104, 2005/595 and 596, 2006/598 and 2007/567.

(5)

Schedule 15A was inserted by S.S.I. 2007/567.

(6)

S.I. 1997/2349, amended by S.S.I. 2005/596.