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

56 Interpretation. S

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings respectively assigned to them, that is to say—

• [F1 “the 2011 Act” means the Certification of Death (Scotland) Act 2011 (asp 11);]

• “birth”, except in relation to registers of births, includes a still-birth;

• “district registrar” has the meaning assigned to it in section 7(12) of this Act;

• “function” includes power and duty;

• [F2 “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;]

• [F3 “medical reviewer” means a person appointed under paragraph 7A(1) of Schedule 5A to the National Health Service (Scotland) Act 1978 (c. 29);]

• F4 . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

• “name” means Christian name or forename;

• “occupier”, in relation to any institution, includes the governor, keeper, matron, superintendent, or other person in charge thereof, and, in relation to a house, includes any person residing therein;

• [F6 “parentage” has the meaning assigned to it in section 8 of the Law Reform (Parent and Child) (Scotland) Act 1986, and “non-parentage” shall be construed accordingly;]

• [F7 “parental responsibilities” has the meaning given in section 1(3) of the Children (Scotland) Act 1995;]

• “prescribed” means prescribed by regulations made under section 54 of this Act;

• “qualified informant”, in relation to any birth or death, means a person who is by this Act required or stated to be qualified to give information concerning that birth or death;

• “relative” includes a relative by marriage, . . . F8 [F9 , a civil partner and anyone related to the civil partner of the person as regards whom the expression is being construed];

• [F10 “senior medical reviewer” means a person appointed under paragraph 7A(2) of Schedule 5A to the National Health Service (Scotland) Act 1978 (c. 29);]

• “still-born child” means a child which has issued forth from its mother after the [F11 twenty-fourth week] of pregnancy and which did not at any time after being completely expelled from its mother breathe or show any other signs of life, and the expression “still-birth” shall be construed accordingly;

• F4 . . .

(2) Except in so far as the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

[F12 (3) Section 1(1) (legal equality of children) of the Law Reform (Parent and Child) (Scotland) Act 1986 shall apply to this Act; and any reference (however expressed) in this Act to a relative shall, unless the contrary intention appears, be construed accordingly.]

Subordinate Legislation Made

P1 S. 56: 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

F1 Words in s. 56(1) inserted (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), Sch. 2 para. 6(a); S.S.I. 2015/115, art. 3

F2 Definition of “local authority” in s. 56(1) inserted (1.4.1996) by 1994 c. 39, s. 51(5) (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1

F3 Words in s. 56(1) inserted (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), Sch. 2 para. 6(b); S.S.I. 2015/115, art. 3

F4 Definitions in s. 56(1) repealed (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(2), 11(2), Sch. 2

F5 Definition repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F6 Definitions inserted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(9)

F7 Definition in s. 56(1) inserted (1.11.1995) by 1995 c. 36, s. 105(4), Sch. 4 para. 12(5); S.I. 1995/2787, art. 3, Sch.

F8 Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. I

F9 Words in s. 56(1) inserted (14.9.2005) by Civil Partnership Act 2004 (c. 33), ss. 136, 263(3); S.S.I. 2005/428, art. 2, Sch.

F10 Words in s. 56(1) inserted (13.5.2015) by Certification of Death (Scotland) Act 2011 (asp 11), s. 32(3), Sch. 2 para. 6(c); S.S.I. 2015/115, art. 3

F11 Words in s. 56(1) substituted (1.10.1992) by Still-Birth (Definition) Act 1992 (c. 29), ss. 1(2), 4(2).

F12 S. 56(3) added by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(10)