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

Changes over time for: Section 16

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Registration of Births, Deaths and Marriages (Scotland) Act 1965, Section 16.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

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 [F1prescribed particulars] concerning the birth of that child has not been given to the [F2district registrar for a registration district] in accordance with section 14 of this Act, the [F3district] 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 [F4before such date (being not less than 8 days and not more than 15 days after the date of service of the notice) as may be specified in the notice]—

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)to give information to the best of that person’s knowledge and belief of the particulars required to be registered concerning the birth [F6in 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 14(1A)(b) or (c)]; and

[F7(c)to either—

(i)attest, in the prescribed manner, the birth registration form concerning the birth 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 [F8said] registrar may serve on that person a second notice in the prescribed form requiring [F9the 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 [F10said] 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.

[F11(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 prescribed particulars of a birth that does not entail the informant attending personally at a registration office, or

(b)a birth 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 birth are duly registered.

Textual Amendments

F1Words 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)

F2Words 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)

F3Word 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)

F4Words in s. 16(1) inserted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(4)(a)(i), 59(2)(b)

F5S. 16(1)(a) repealed (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(4)(a)(ii), 59(2)(b)

F6Words in s. 16(1)(b) inserted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(4)(a)(iii), 59(2)(b)

F7S. 16(1)(c) substituted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(4)(a)(iv), 59(2)(b)

F8Word 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)

F9Words in s. 16(2) substituted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(4)(b), 59(2)(b)

F10Word 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)

F11S. 16(3A) inserted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(4)(c), 59(2)(b)