The Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994

Schedule 1

18.  Schedule 1 shall have effect as follows:–

Section 45

“SCHEDULE 1 REGISTRATION

Registration of orders

1.— (1) Every parental order shall contain a direction to the Registrar General for Scotland to make in the Parental Order Register maintained by him an entry recording the order in such form as the Registrar General for Scotland may by regulations specify.

(2) For the purposes of compliance with the requirements of sub-paragraph (1)–

(a) where the precise date of the child’s birth is not proved to the satisfaction of the court, the court shall determine the probable date of his birth and the date so determined shall be specified in the order as the date of his birth;

(b) where the country of birth of the child is not proved to the satisfaction of the court, then, if it appears probable that the child was born within the United Kingdom, the Channel Islands or the Isle of Man, he shall be treated as having been born in Scotland, and in any other case the particulars of the country of birth may be omitted from the order and from the entry in the Parental Order Register;

and the names to be specified in the order as the name and surname of the child shall be the name or names and surname stated in that behalf in the application for the order, or, if no name or surname is so stated, the original name or names of the child and the surname of the husband and wife who applied for the order.

(3) There shall be produced with every application for a parental order in respect of a child whose birth has been registered under the Registration of Births, Deaths and Marriages (Scotland) Act 1965 or under any enactment repealed by that Act an extract of the entry of the birth.

(4) Where on an application to a court for a parental order there is proved to the satisfaction of the court the identity of the child with a child to whom an entry in the register of births relates, any order made in pursuance of the application shall contain a direction to the Registrar General for Scotland to cause the entry in that register to be marked with the words “Parental Order”.

(5) Where a parental order is made, the clerk of the court which made the order shall cause the order to be communicated to the Registrar General for Scotland and upon receipt of the communication the Registrar General for Scotland shall cause compliance to be made with the directions contained in the order.

Registration of orders made in England, Northern Ireland, the Isle of Man and the Channel Islands

2.— (1) Where the Registrar General for Scotland is notified by the Registrar General that a parental order has been made by a court in England in respect of a child to whom an entry in the register of births or the Parental Order Register relates, the Registrar General for Scotland shall cause the entry to be marked “Parental Order (England)”, or as the case may be, “Parental Order (Wales)”.

(2) Where the Registrar General for Scotland is notified by the authority maintaining a register of parental orders in Northern Ireland, the Isle of Man or any of the Channel Islands that an order has been made in that country authorising the parental order in respect of a child to whom an entry in the register of births or the Parental Order Register relates, he shall cause the entry to be marked “Parental Order”, followed by the name in brackets of the country in which the order was made.

(3) Where, after an entry has been marked under the foregoing provisions of this paragraph, the Registrar General for Scotland is notified as aforesaid that the order has been quashed, that an appeal against the order has been allowed or that the order has been revoked, he shall cause the marking to be cancelled; and an extract of an entry in any register being an entry the marking of which is cancelled under this sub-paragraph, shall be deemed to be accurate if and only if both the marking and the cancellation are omitted therefrom.

Amendment of orders and rectification of registers

3.— (1) The court by which a parental order has been made may, on the application of the husband and wife who applied for that order or the person who is the subject of that order, amend the order by the correction of any error in the particulars contained therein, and may–

(a) if satisfied on such an application that within one year beginning with the date of the order any new name has been given to that person (whether in baptism or otherwise), or taken by him, either in lieu of or in addition to a name specified in the particulars required to be entered in the Parental Order Register in pursuance of the order, amend the order by substituting or adding that name in those particulars, as the case may require;

(b) if satisfied on the application of any person concerned that a direction for the marking of an entry in the register of births or the Parental Order Register included in the order in pursuance of sub-paragraph (4) of paragraph 1 above was wrongly so included, revoke that direction.

(2) Where a parental order is amended or a direction revoked under sub-paragraph (1) above, the clerk of the court shall cause the amendment to be communicated in the prescribed manner to the Registrar General for Scotland who shall as the case may require–

(a) cause the entry in the Parental Order Register to be amended accordingly; or

(b) cause the marking of the entry in the register of births or the Parental Order Register to be cancelled.

(3) Where a parental order is quashed or an appeal against such an order allowed by any court, the court shall give directions to the Registrar General for Scotland to cancel any entry in the Parental Order Register, and any marking of an entry in that Register, or the register of births as the case may be, which was effected in pursuance of the order.

Marking of entries on re-registration of birth

4.   Without prejudice to any other provision of this Act where, after an entry in the register of births has been marked in accordance with paragraph 2 or 3 above, the birth is re-registered under section 20(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(1) (re-registration of birth in certain cases), the entry made on re-registration shall be marked in like manner.

5.   In this Schedule “Registrar General” means the Registrar General for England and Wales.”.

(1)

1965 c. 49.