The Registration Services (Consequential Provisions) (Scotland) Order 2006

Scottish Statutory Instruments

2006 No. 596

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC.

The Registration Services (Consequential Provisions) (Scotland) Order 2006

Made

12th December 2006

Coming into force

1st January 2007

The Scottish Ministers, in exercise of the powers conferred by section 62(1)(a) and (2) of the Local Electoral Administration and Registration Services (Scotland) Act 2006(1), make the following Order, a draft of which has in accordance with section 61(4) of that Act been approved by resolution of the Scottish Parliament:

Citation and commencement

1.  This Order may be cited as the Registration Services (Consequential Provisions) (Scotland) Order 2006 and shall come into force on 1st January 2007.

Amendments to the Gender Recognition Act 2004

2.—(1) Part 2 of Schedule 3 to the Gender Recognition Act 2004(2) (registration: Scotland) is amended in accordance with paragraphs (2) to (4).

(2) For paragraph 17, substitute–

“Abbreviated extracts of birth compiled from Gender Recognition Register

17.   Where an abbreviated extract of birth under section 39E(3) of the 1965 Act is compiled from the Gender Recognition Register, the extract must not disclose that fact.”.

(3) In paragraph 18, for “section 20(1) and (3)” substitute “section 20(1)”.

(4) In paragraph 20–

(a) for “Section 41” substitute “sections 41 and 41A(4)”, and

(b) for “applies” substitute “apply”.

Amendment to the Anatomy Act 1984

3.  In section 2(2)(c) of the Anatomy Act 1984(5) (certification for anatomical specimen), for “signed” substitute “attested”.

Repeal of statutory amendments

4.  Paragraph 51 of Schedule 6 to the Superannuation Act 1972(6) is repealed.

5.  Paragraph 8(6) of Schedule 1 to the Law Reform (Parent and Child) (Scotland) Act 1986(7) is repealed.

6.  Paragraph 28 of Schedule 1 to the Age of Legal Capacity (Scotland) Act 1991(8) is repealed.

Amendment to the Cremation (Scotland) Regulations 1935

7.  In regulation 15A(3)(b)(ii) of the Cremation (Scotland) Regulations 1935(9) (cremation of body parts), for “sections 37, 38 or 41”, substitute “section 37, 38, 39D(10) or 41”.

GEORGE LYON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th December 2006

Explanatory Note

(This note is not part of the Order)

This Order makes amendments to provisions concerning the Gender Recognition Register established for Scotland by the Gender Recognition Act 2004 as a consequence of provisions of Part 2 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (article 2). It makes similar minor consequential amendments and repeals to other statutes and regulations (articles 3 to 7).

A full Regulatory Impact Assessment has not been produced for this instrument as it has no cost on business.

(1)

2006 asp 14.

(2)

2004 c. 7.

(3)

As inserted by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (“the 2006 Act”), section 44(5).

(4)

As inserted by the 2006 Act, section 44(6).

(5)

1984 c. 14, as amended by section 53(3) of the Human Tissue (Scotland) Act 2006 (asp 4).

(6)

1972 c. 11.

(7)

1986 c. 9.

(8)

1991 c. 50.

(9)

S.R. & O. 1935/247, as amended by S.I. 1952/1639, 1967/398, 1985/820 and S.S.I. 2003/301. Regulation 15A was inserted by S.S.I. 2003/301, regulation 2(3).

(10)

As inserted by the Local Electoral Administration and Registration Services (Scotland) Act 2006, section 44(5).