The Registration of Births, Still-births and Deaths (Prescription of Forms and Attestation) (Miscellaneous Amendment) (Scotland) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision consequential on sections 25 and 27 of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (“the 2022 Act”) and the commencement of sections 39(3)(a) and (b) and 42(3)(a)(i) and (ii) and (b) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 so far as not already in force, and the commencement of section 39(6) of that Act for the purpose of the insertion of section 16B of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (“the 1965 Act”). These provisions enable the submission of the particulars for registration of a birth or a death by the informant remotely from a registration office.

Regulation 2(2) to (4) amend the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997 (“the 1997 Regulations”) to prescribe the form—

• of the “birth registration form” for the birth of a child or for a still-born child to be completed in accordance with section 14(1A), and to be entered in a register of births or still births in accordance with section 16B(3) and (4), of the 1965 Act,

• of the “death registration form” for a death to be completed in accordance with section 23(1A)(a)(ii) of the 1965 Act.

The existing forms in schedules 1, 2 and 10 of the 1997 Regulations are prescribed with reference to the new statutory provisions, so that those forms are the birth registration form for the birth of a child, the birth registration form for a still-born child and the death registration form, respectively.

Regulation 2(5) to (8) update the following forms prescribed in various schedules of the 1997 Regulations in consequence of amendments made by sections 25(4) and 27(4) of the 2022 Act to sections 16(1) and (2) and 25(1) and (2) of the 1965 Act—

• the form in schedule 3 (legal requirement to register a birth notice requiring personal attendance at registration office),

• the form in schedule 4 (legal requirement to register a birth - final notice),

• the form in schedule 12 (legal requirement to register a death notice requiring personal attendance at registration office),

• the form in schedule 13 (legal requirement to register a death - final notice).

Regulation 3 amends the Registration Services (Attestation and Authentication) (Scotland) Regulations 2006 to set manuscript signature as the manner of attestation for various provisions of the 1965 Act. This prescribes that manner of attestation of the “birth registration form” and the “death registration form” where the form is attested by the person who gives the prescribed particulars in the presence of the registrar.

The Regulations apply from 24 September 2022.