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

[F1 Part IIIA] S

Textual Amendments

F1 S. 28A inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 105), s. 50(1)

[28A F2 Registration of divorces and declarators of nullity of marriage. S

(1) The Registrar General shall maintain at the General Register Office a register of decrees of divorce and of declarator of nullity of marriage (which register shall be known as the “Register of Divorces”).

(2) The Registrar General shall cause to be made and kept at the General Register Office an alphabetical index of the entries in the Register of Divorces (in this section referred to as “the index”).

(3) The Register of Divorces shall be in such form as may be prescribed.

(4) On payment to him of such fee or fees as may be prescribed, the Registrar General shall, at any time when the General Register Office is open for that purpose—

(a) cause a search of the index to be made on behalf of any person or permit that person to search the index himself;

(b) issue to any person an extract of any entry in the Register of Divorces which that person may require.

(5) An extract of an entry in the Register of Divorces shall be sufficient evidence of the decree of divorce or, as the case may be, of declarator of nullity of marriage to which it relates.

(6) The Registrar General may delete or amend any entry in the Register of Divorces or substitute another for it.

(7) In this section, references to decrees of divorce are references to decrees thereof of the Court of Session or the sheriff and references to decrees of declarator of nullity of marriage are references to decrees thereof of the Court of Session [F3 or the sheriff.]]

Subordinate Legislation Made

P1 S. 28A: for previous exercises of this power see Index to Government Orders.

P2 S. 28A(4): s. 54(1) (with ss. 28A(4), 37(2)(3), 38(2)(3), 40(1), 43(8), 47 and 56) power exercised by S.I.1991/2817.

Textual Amendments

F2 S.28A inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 105), s. 50(1)

F3 Words in s. 28A(7) inserted (30.11.2023) by The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 (S.S.I. 2023/194), arts. 1, 3

F4 28B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F4 S. 28B (which was inserted by Local Government Finance Act 1988 (c. 41), s. 137, Sch. 12 Pt. II para. 8) repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), ss. 117(2), Sch.14 (with s. 118(1)(2)(4)); S.I. 1993/575, art. 2.Sch.