The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms and Errors) (Scotland) Regulations 2006

Made: 12th December 2006

Coming into force: 1st January 2007

The Registrar General, in exercise of the powers conferred by sections 19(2), 39E(4), 40(1), 42(3), 43(3) to (5) and 54(1)(b) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965[^f00001] and of all other powers enabling him in that behalf, and with the approval of the Scottish Ministers[^f00002] in accordance with section 54(1) of that Act, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms and Errors) (Scotland) Regulations 2006 and shall come into force on 1st January 2007.

Interpretation

2

In these Regulations–

• “the Forms Regulations” means the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997[^f00003];

• “error” includes an error of omission;

• “heading” means the unnumbered part or space at the beginning of the form applicable to the marriage register as set out in Schedule 17[^f00004] to the Forms Regulations; and

• “space No” means, in relation to the number specified, the part or space of that number in the form applicable to the marriage register as set out in Schedule 17 to the Forms Regulations.

Form etc. of abbreviated extracts of birth

3

In the Forms Regulations–

• (a) omit regulation 7 and Schedule 5 (abbreviated certificate of birth); and

• (b) omit regulation 18 and Schedule 16 (abbreviated certificate of birth based on Adopted Children Register).

4

The prescribed particulars to be extracted from an entry in the register of births and contained in an abbreviated extract shall be–

• (a) the registration district[^f00005] in which the birth was registered (and the registration district number or volume number[^f00006] pertaining to that district);

• (b) the year in which the birth was registered;

• (c) the entry number;

• (d) surname and name;

• (e) sex of the person;

• (f) when the person was born; and

• (g) where the person was born.

Particulars of abbreviated extracts of death

5

The prescribed particulars to be extracted from an entry in the register of deaths and contained in an abbreviated extract shall be–

• (a) the registration district in which the death was registered (and the registration district number pertaining to that district);

• (b) the year in which the death was registered;

• (c) the entry number;

• (d) surname and name;

• (e) sex of the deceased;

• (f) the deceased’s date of birth;

• (g) when the person died; and

• (h) where the person died.

Amendment of forms for use in connection with changes of name or surname

6

• (1) The Forms Regulations are amended in accordance with this regulation.

• (2) For the form set out in Schedule 18 (certificate for recording of forename(s) or change of forename(s) of child under twelve months of age), substitute the form set out in Schedule 1 to these Regulations.

• (3) For the form set out in Schedule 19 (application for recording of change of forename(s) or surname(s) of child under 16 years of age), substitute the form set out in Schedule 2 to these Regulations.

• (4) For the form set out in Schedule 20 (application for recording of change of forename(s) or surname(s) of person over 16 years of age), substitute the form set out in Schedule 3 to these Regulations.

Amendment of prescribed errors in registers of births, still-births and deaths

7

• (1) The Schedule to the Registration of Births, Still-births and Deaths (Prescription of Errors) (Scotland) Regulations 1997[^f00007] is amended in accordance with this regulation.

• (2) Under head 1 (register of births)—

• (a) in the entry for “Space No 4”, in column 2, omit “, but only where the place of birth remains within the same registration district”; and

• (b) in the entry for “Space No 8”, in column 2, omit “, but only where the usual residence remains within the same registration district”.

• (3) Under head 2 (register of still-births)—

• (a) in the entry for “Space No 4”, in column 2, omit “, but only where the place of birth remains within the same registration district”; and

• (b) in the entry for “Space No 8”, in column 2, omit “, but only where the usual residence remains within the same registration district”.

• (4) Under head 3 (register of deaths)—

• (a) in the entry for “Space No 8”, in column 2, omit “, but only where the place of death remains within the same registration district”; and

• (b) in the entry for “Space No 9”, in column 2, omit “, but only where the usual residence remains within the same registration district”.

Prescribed errors in the register of marriages

8

Any error in the particulars of an entry in a register of marriages kept or held by a district registrar which–

• (a) falls within a part of the form applicable to that register specified in column 1 of Schedule 4; and

• (b) is of a description specified opposite that part of the form in column 2 of that Schedule,

is prescribed for the purposes of section 42(2) and (3)(b) of the Registration of Births, Deaths and Marriages Act 1965 (correction of errors in registers)[^f00008] as an error which may be corrected by the district registrar.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4 — Non clerical errors in register of marriages which may be corrected

Signed

PAUL M PARR — Deputy Registrar General for Scotland — 12th December 2006

Approved by the Scottish Ministers

GEORGE LYON — Authorised to sign by the Scottish Ministers — 12th December 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations amend and prescribe forms and particulars under the Registration of Births, Deaths and Marriages (Scotland) Act 1965, as a consequence of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (“the 2006 Act”). They amend forms contained in the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997.

The Regulations repeal the prescribed forms of abbreviated certificates of births and prescribe the required particulars of abbreviated extracts of births and deaths (regulations 3 to 5). They also amend the forms used in connection with changes of name or surname (regulation 6 and Schedules 1 to 3).

Regulation 7 amends the Registration of Births, Still-births and Deaths (Prescription of Errors) (Scotland) Regulations 1997 to alter the types of errors which a district registrar may correct, as a consequence of sections 39, 40 and 42 of the 2006 Act, which allow the birth, still birth or death to be registered in any registration district in Scotland. Regulation 8 and Schedule 4 prescribe the errors which a district registrar may, in addition to clerical errors, correct in an entry in the marriage register, this provision being enabled by amendments contained in section 45 of the 2006 Act.

A Regulatory Impact Assessment has not been produced for this instrument as it has no impact on costs to business.

Footnotes

[^f00001]: 1965 c. 49 (“the 1965 Act”); section 19(2) is prospectively repealed by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) (“the 2006 Act”), section 44(2) (see S.S.I. 2006/469); section 39E was inserted by the 2006 Act, section 44(5); section 40(1) is prospectively repealed by the 2006 Act, section 44(5) (see S.S.I. 2006/469); section 42 was amended by the 2006 Act, section 45; section 43(3) to (5) was amended by the 2006 Act, section 46; section 56 of the 1965 Act contains a definition of “prescribed” relevant to the exercise of statutory powers under which these Regulations are made.

[^f00002]: The function of the Secretary of State under the 1965 Act was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00003]: S.I. 1997/2348, amended by S.S.I. 2005/595 and to which there are other amendments not relevant to these Regulations.

[^f00004]: The form in Schedule 17 was substituted by S.S.I. 2005/595.

[^f00005]: See section 5(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) as amended by section 37 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14).

[^f00006]: For the volume number see the Adopted Children Register and Parental Order Register (Form of Entry) (Scotland) Regulations 1995 (S.I. 1995/3158).

[^f00007]: S.I. 1997/1782.

[^f00008]: Section 42(2) and (3)(b) was substituted by section 45 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14).