Part V General
Corrections and Changes of Name or Surname
P143 Recording of baptismal name or change of name or surname.
C1C4C51
The following provisions of this section, except subsection 6(b), shall apply only to persons whose births are registered in Scotland, and, without prejudice to the provisions of section 24 of the M1Adoption Act 1958 relating to the giving or taking of a new name, to persons in respect of whom there is an entry in the Adopted Children Register maintained by the Registrar General under section 22 of that Act.
C22
In this section “change” in relation to a name or surname includes any change by way of substitution, addition, omission, spelling or hyphenation.
3
Where, within twelve months from the date of the birth of any child, the name by which it was registered is changed or, if it was registered without a name, a name is given to the child, the Registrar General F6...
F6a
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F6b
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shallF7, where, within two years from the date of the birth of the child, an application in the prescribed form is made to the Registrar General in respect of that matter by the qualified applicant, cause an entry containing the name mentioned in the F8application to be made in the Register of Corrections Etc., and only one such entry may be made under this subsection in respect of any one child.
F1. . ..
4
Where an application in the prescribed form is made to the Registrar General by the qualified applicant in respect of the change of name or surname of a child under sixteen years of age the Registrar General may record that change of name or surname by causing an appropriate entry to be made in the Register of Corrections Etc.—
F9a
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F11b
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Only one change of name and one change of surname in respect of any one child may be recorded under this subsection, but no change of name shall be recorded under this subsection in the case of a child in respect of whom a change of name has been recorded by virtue of the last foregoing subsection.
5
F2Where an application in the prescribed form is made to the Registrar General in respect of a change of name or surname, in the case of a person over sixteen years of age . . ., by that person, the Registrar General may record that change of name or surname by causing an appropriate entry to be made in the Register of Corrections Etc.—
F10a
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F12b
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Only one change of name and three changes of surname in respect of any one person may be recorded under this subsection, and a period of five years must elapse after one change of surname is recorded before another such change may be recorded.
C36
Notwithstanding the foregoing provisions of this section, where an application is made to the Registrar General in respect of a change of name or surname—
a
in the case of a child under sixteen years of age, by F3the qualified applicant of that child, in the case of a person over sixteen years of age F2 . . . , by that person, and there is produced to the Registrar General—
i
a decree or certificate of change of name or surname pronounced or, as the case may be, granted by or on behalf of the Lyon King of Arms, or
ii
a certified copy of a will, settlement, or deed of trust containing a condition that the person concerned shall take a name or surname different from that in which his birth was registered, together with evidence to the satisfaction of the Registrar General that the name or surname has thereafter been so changed, or
b
in the case of a male person who has married in Scotland and who has changed his name or surname following his marriage, by that person, and there is produced to the Registrar General a decree or certificate as described in the foregoing paragraph,
the Registrar General may record that change of name or surname by causing an appropriate entry to be made in the Register of Corrections Etc.
C37
Where an application is made to the Registrar General in respect of the recording of an alternative name, being the English equivalent of a non-English name, in the case of a child under sixteen years of age, by F3the qualified applicant of that child, in the case of a person over sixteen years of age F2 . . ., by that person, the Registrar General may record that name as an alternative name by causing an appropriate entry to be made in the Register of Corrections Etc.
P2C38
On making an application under any of the provisions of this section the applicant shall pay such fees as may be prescribed.
C39
Nothing in this section shall affect any rule of law as respects change of name or surname, and in particular, without prejudice to that generality, the validity as evidence of change of name or surname of a decree or certificate pronounced or, as the case may be, granted by or on behalf of the Lyon King of Arms.
F49A
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
F510
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