The Book of Scottish Connections Regulations 2008

Scottish Statutory Instruments

2008 No. 386

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC.

The Book of Scottish Connections Regulations 2008

Made

24th November 2008

Laid before the Scottish Parliament

25th November 2008

Coming into force

5th January 2009

The Registrar General makes the following Regulations in exercise of the powers conferred by sections 54(6)(b) and (c), 55(2), (6) and (9) and 61(2)(a) of the Local Electoral Administration and Registration Services (Scotland) Act 2006(1) and all other powers enabling him to do so.

The Scottish Ministers have approved the making of these Regulations in accordance with section 60(1) of the 2006 Act.

Citation and commencement

1.  These Regulations may be cited as the Book of Scottish Connections Regulations 2008 and come into force on 5th January 2009.

Interpretation

2.—(1) In these Regulations–

“the Act” means the Local Electoral Administration and Registration Services (Scotland) Act 2006;

“birth” includes a still birth;

“the BSC” means the Book of Scottish Connections(2);

“the BSC index” means the index maintained by the Registrar General under section 55(3) of the Act;

“general search” means a search (other than an internet search) of the BSC index over any period of years for any number of entries, made by any person with the permission of the Registrar General or the district registrar;

“internet search” means a search of the BSC index made available on the internet, made by any person by means of the internet with the permission of the Registrar General;

“internet search session” means the period of time beginning with the time at which a person has–

(a)

access to the BSC index on the internet; and

(b)

agreed to pay the prescribed fee for an internet search session,

and ending

(a)

90 days after that time; or if sooner,

(b)

with the time at which that person has retrieved 30 computer screens or part screens of index data;

“particular search” means a search of the BSC index for a specified entry caused to be made by the Registrar General or made by a district registrar; and

“search” means a general search, an internet search or, as the case may be, a particular search.

(2) A form of application prescribed by regulation 3 may be in the form of an electronic communication, which can be recorded and is capable of being reproduced, containing an electronic signature which has been certified within the meaning of sections 7 and 15 of the Electronic Communications Act 2000(3).

Application forms

3.  The form of application prescribed for the purposes of section 54(6)(b) of the Act—

(a) for the recording of a birth in the BSC, shall be in the form set out in Schedule 1;

(b) for the recording of a death in the BSC, shall be in the form set out in Schedule 2;

(c) for the recording of a marriage in the BSC, shall be in the form set out in Schedule 3; and

(d) for the recording of a civil partnership in the BSC, shall be in the form set out in Schedule 4.

Form of entries

4.  An entry in the BSC, prescribed for the purposes of section 55(2) of the Act—

(a) recording a birth, shall be in the form set out in Schedule 5;

(b) recording a death, shall be in the form set out in Schedule 6;

(c) recording a marriage, shall be in the form set out in Schedule 7; and

(d) recording a civil partnership, shall be in the form set out in Schedule 8.

Fees payable to Registrar General

5.  The fees payable under the provisions of the Act specified in column 1 of Schedule 9 for the services described in column 2 (applications, copies of entries and searches) are the amounts specified in column 3.

Fees payable to district registrars

6.  The fees payable under the provisions of the Act specified in column 1 of Schedule 10 for the services described in column 2 (copies of entries and searches) are the amounts specified in column 3.

PAUL M PARR

Deputy Registrar General for Scotland

New Register House,

Edinburgh

21st November 2008

Approved by the Scottish Ministers

JIM MATHER

Authorised to sign by the Scottish Ministers

St Andrew’s House Edinburgh

24th November 2008

Regulation 3(a)

SCHEDULE 1 Application for recording a birth

Regulation 3(b)

SCHEDULE 2 Application for recording a death

Regulation 3(c)

SCHEDULE 3 Application for recording a marriage

Regulation 3(d)

SCHEDULE 4 Application for recording a civil partnership

Regulation 4(a)

SCHEDULE 5 Entry of birth

Regulation 4(b)

SCHEDULE 6 Entry of death

Regulation 4(c)

SCHEDULE 7 Entry of marriage

Regulation 4(d)

SCHEDULE 8 Entry of civil partnership

Regulation 5

SCHEDULE 9 Fees payable to Registrar General

Regulation 6

SCHEDULE 10 Fees payable to district registrars

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the forms for application to and entries in the Book of Scottish Connections (“BSC”) and the fees payable for applications, copies of entries and searches. The BSC is a register of births, deaths, marriages and civil partnerships of persons who have a connection with Scotland.

Regulation 3 prescribes the forms of application for recording events in the BSC and regulation 4 prescribes the form of entries.

Regulations 5 and 6 prescribe the fees payable for applications, copies of entries and searches.

(1)

2006 asp 14 (“the 2006 Act”); section 60 contains and applies definitions of “prescribed” and “Registrar General” relevant to the exercise of statutory powers under which these Regulations are made.

(2)

The BSC is kept under sections 54 and 55 of the 2006 Act.

(3)

2000 c. 7, as amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).