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Children (Scotland) Act 1995

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Children (Scotland) Act 1995, Paragraph 12 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

12(1)The Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be amended in accordance with this paragraph.S

(2)In section 20(3)(a) (re-registration of birth of person under sixteen), for sub-paragraphs (i) and (ii) substitute “ , by any person (whether or not he has himself attained the age of sixteen years) having parental responsibilities in relation to that person; ”.

(3)In section 43 (recording of baptismal name or change of name or surname)—

(a)in subsection (3), the words from “In this” to the end shall cease to have effect;

(b)in subsections (6)(a) and (7), for the words “the parent or guardian” substitute “ the qualified applicant ”;

(c)after subsection (9) insert—

(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; and

(d)subsection (10) shall cease to have effect.

(4)In section 53(3)(c) (offence of failure by parent to give information concerning birth), after the word “fails” insert “ without reasonable excuse ”.

(5)In section 56(1) (interpretation), after the definition of “parentage” insert—

parental responsibilities” has the meaning given in section 1(3) of the Children (Scotland) Act 1995;

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