Sch. 1 para. 2 repealed by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted as referred to in Sch. 2 Pt. II of that Act)
Sch. 1 para. 3 repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1995/2203, art. 3(3), Sch. Table
Words in Sch. 1 para. 9(2) and (6) repealed by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), s. 10(2), Sch.2 (with s. 1(3)).
Sch. 1 para. 11 repealed by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), s. 10(2), Sch.2 (with s. 1(3)).
Sch. 1 para. 12 repealed by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), s. 10(2), Sch.2 (with s. 1(3)).
Sch. 1 para. 14(1)(b) repealed by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), s. 10(2), Sch.2 (with s. 1(3)).
Sch. 1 para. 16 repealed by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86, 87(4)(5), Sch. 11
Sch. 1 para. 20(b) repealed by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), s. 10(2), Sch.2 (with s. 1(3)).
Sch. 1 para. 8(6) repealed (1.1.2007) by Registration Services (Consequential Provisions) (Scotland) Order 2006 (S.S.I. 2006/596), arts. 1, 5
Sch. 1 para. 5 repealed (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), Sch. 2
Sch. 1 para. 18 repealed (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with
Sch. 1 para. 15 repealed (7.7.2011) by Damages (Scotland) Act 2011 (asp 7), s. 19(3), Sch. 2 (with ss. 17, 19(2)); S.S.I. 2011/268, art. 3 (with art. 4)
Section 10(1).
In section 25 (application to certain tutors and curators) at the end there shall be inserted the following new subsection—
Any person being an administrator-in-law, tutor-nominate, guardian appointed or acting under the Guardianship of Infants Acts 1886 and 1925 or tutor appointed under the Law Reform (Parent and Child) (Scotland) Act 1986 who shall, by virtue of his office, administer the estate of any pupil, shall be deemed to be a tutor within the meaning of this Act and shall be subject to the provisions thereof, but any such person shall not be bound to find caution in terms of sections 26 and 27 of this Act unless the court, on the application of any party having an interest, shall so direct.
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In section 2 (definitions), in the definition of “trustee”, after the word “tutor” there shall be inserted the words
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In section 9(1)
(jurisdiction of court as respects children where action dismissed), for the words from “with respect” to “that child” there shall be substituted the words
In section 33(1)
(construction of existing deeds), for the words “deed taking effect after the commencement of this Act”, where those words second occur, there shall be substituted the words
In section 36 (interpretation), at the end there shall be added the following subsection—
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 be construed accordingly.
In section 14 (duty to give information of particulars of birth), at the end there shall be added the following subsection—
In this section, any reference to the father or parent of the child shall not include a reference to a father who is not married to the mother and has not been married to her since the child’s conception.
In section 18 (births of illegitimate children), for subsection (1), there shall be substituted the following subsections—
No person who is not married to the mother of a child and has not been married to her since the child’s conception shall be required, as father of the child, to give information concerning the birth of the child and, save as provided in section 20 of this Act, the registrar shall not enter in the register the name and surname of any such person as father of the child except— at the joint request of the mother and the person acknowledging himself to be the father of the child (in which case that person shall sign the register together with the mother); or at the request of the mother— on the production of— a declaration in the prescribed form made by the mother stating that that person is the father of the child; and a statutory declaration made by that person acknowledging himself to be the father of the child; or on production of a decree by a competent court finding or declaring that person to be the father of the child; or at the request of that person on production of— a declaration in the prescribed form by that person acknowledging himself to be the father of the child; and a statutory declaration made by the mother stating that that person is the father of the child. Where a person acknowledging himself to be the father of a child makes a request to the registrar in accordance with paragraph (c) of subsection (1) of this section, he shall be treated as a qualified informant concerning the birth of the child for the purposes of this Act; and the giving of information concerning the birth of the child by that person and the signing of the register by him in the presence of the registrar shall act as a discharge of any duty of any other qualified informant under section 14 of this Act.
In section 18, in subsection (2)—
for the words “an illegitimate” there shall be substituted the word
in paragraph (b) for heads (i) and (ii) there shall be substituted the words
in paragraph (c) for the word “dead” there shall be substituted the words
After section 18 there shall be inserted the following section—
Where a decree of parentage or non-parentage has been granted by any court the clerk of court shall— where no appeal has been made against such decree, on the expiration of the time within which such an appeal may be made, or where an appeal has been made against such a decree, on the conclusion of any appellate proceedings, notify the import of such decree in the prescribed form to the Registrar General. Where it appears to the Registrar General that the import of a decree notified to him under subsection (1) above does not correspond with the entry in the register of births in respect of any person to whom the decree relates he shall cause an appropriate entry to be made in the Register of Corrections Etc.
In section 20 (re-registration in certain cases)—
in subsection (1)(a), for the words “or paternity” there shall be substituted the words
in subsection (1)(c), for the words from “having been” to the end of paragraph (c) there shall be substituted the words
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In section 43(3)
(recording of baptismal name or change of name or surname), for the words from “in the case” to “the mother is” there shall be substituted the words
In section 43, at the end there shall be added the following subsection—
In this section, “
In section 56 (interpretation), in subsection (1), there shall be inserted (in their appropriate alphabetical place) the following definitions—
“ “ “
In section 56, at the end there shall be added the following subsection—
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.
In section 16(11) (assumption of parental rights by local authority), for paragraph (c) there shall be substituted—
a tutor or curator to the child is appointed under the Law Reform (Parent and Child)
(Scotland) Act 1986; or
In section 18(4)
(duration and recission of resolutions under section 16), for the words from “section” to “1925” there shall be substituted the words
In section 81(2) (decrees for aliment)—
for the words from the beginning to “in force” there shall be substituted the words
for the word “father” there shall be substituted the words
the words “for aliment” where those words second occur shall be omitted.
In section 81(4)(b), for the words “father of a child” there shall be substituted the words
In section 88(3)
(duty of parents to notify change of address), for the word “father” there shall be substituted the word
In section 94(1)
(interpretation), in the definition of “guardian”,
In section 7 (protection of trustees and executors), at the end of paragraph (b) there shall be inserted the following paragraph—
and that no paternal relative of an illegitimate person exists who is or may be entitled to an interest in that property or payment,
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In Schedule 2 (ancillary and collateral orders (Scotland)), in paragraph 3 for the words from “or for” to the end there shall be substituted the words
In section 47(2) (granting of custody)—
for the words from the beginning to “1930” there shall be substituted the words
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In section 49(1)
(notice to local authority of certain custody applications), for the words “a relative, step-parent or foster parent” there shall be substituted the words
In section 55(1)
(interpretation and extent of sections 47 to 55), at the end there shall be added the words
In section 55(2), at the end there shall be added the words
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At the end of section 2 (marriage of related persons) there shall be inserted the following subsection—
References in this section and in Schedule 1 to this Act to relationships and degrees of relationship shall be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986.
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In section 13(1)
(interpretation of Part III), for the words from “an illegitimate” to the end there shall be substituted the words
In section 6 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom)—
in subsection (2)(c), for the words “an illegitimate child” there shall be substituted the words
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In section 27(1) (interpretation), in the definition of “child” for the words “an illegitimate child” there shall be substituted the words
a child whether or not his parents have ever been married to one another
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