The Registration Services (Fees, etc.) (Scotland) Amendment Regulations 2007

Made: 28th November 2007

Laid before the Scottish Parliament: 29th November 2007

Coming into force in accordance with regulation 1(2) and (3)

The Scottish Ministers[^f00004] have approved the making of these Regulations in accordance with sections 54(1) of the 1965 Act, 126(3) of the 2004 Act and 60(1) of the 2006 Act.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Registration Services (Fees, etc.) (Scotland) Amendment Regulations 2007.

• (2) Except for regulation 2(5) and the Schedule, they come into force on 1st January 2008.

• (3) Regulation 2(5) and the Schedule come into force on 28th April 2008.

• (4) In these Regulations, “the principal Regulations” means the Registration Services (Fees, etc.) (Scotland) Regulations 2006[^f00005].

Amendments to registration fees for Scotland

2

• (1) The principal Regulations are amended in accordance with paragraphs (2) to (6).

• (2) In regulation 2(1), in the definition of “Internet search” after “Register of Dissolutions of Civil Partnership” insert “, to the accessible material under section 58(1) of the 2006 Act”.

• (3) At the end of regulation 3(c) (fees payable to Registrar General), add–

• ; column 1 of Part IV of Schedule 1 for the services described in column 2 of that Schedule (notification of death) shall be the amount specified in column 3 thereof

• (4) After regulation 7(b) (remission of fees), insert–

(ba) remission is likely to promote public knowledge of the registers in respect of which fees are payable under these Regulations and the fee remitted is for an Internet search made– (i) by or on behalf of an association whose objects include genealogy; (ii) at a school within the meaning of section 135 of the Education (Scotland) Act 1980[^f00006] or a public library managed by a library authority (within the meaning of the Public Libraries Consolidation (Scotland) Act 1887[^f00007]); or (iii) using a discount voucher which has previously been issued by the Registrar General;

• (5) In Part I of Schedule 1 (fees payable to the Registrar General)–

• (a) in entry 4 (general search – parochial and statutory registers), for columns 2 and 3 substitute columns 1 and 2 of Part 1 of the Schedule to these Regulations;

• (b) in entry 8 (general search – Register of Dissolutions of Civil Partnership), for columns 2 and 3 substitute columns 1 and 2 of Part 2 of the Schedule to these Regulations;

• (c) in entry 12 (general search – index of “accessible material”), for columns 2 and 3 substitute columns 1 and 2 of Part 3 of the Schedule to these Regulations.

• At the end of Schedule 1, add– PART IV NOTIFICATION OF DEATH 123Registration of Births, Deaths and Marriages (Scotland) Act 1965ServiceFee payable under these Regulations£ Section 39B[^f00008]Weekly notice of all deaths registered in Scotland, as may be prescribed under section 39B(2) of the 1965 Act2,000.00 per annum.

SCHEDULE — Amendments to General Search Fees payable to Registrar General

PART 1 — STATUTORY AND PAROCHIAL REGISTERS

4

General search in both the parochial registers and in the indexes to the statutory registers–

4

General search in both the parochial registers and in the indexes to the statutory registers–

PART 2 — REGISTER OF DISSOLUTIONS OF CIVIL PARTNERSHIP

8

General search in the index to the Register of Dissolutions of Civil Partnership–

8

General search in the index to the Register of Dissolutions of Civil Partnership–

PART 3 — ACCESSIBLE MATERIAL

12

General search in the index of accessible material under section 58(1) of the 2006 Act–

12

General search in the index of accessible material under section 58(1) of the 2006 Act–

Signed

D. MACNIVEN — Registrar General for Scotland — 27th November 2007

Approved by the Scottish Ministers

JIM MATHER — Authorised to sign by the Scottish Ministers — 28th November 2007

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the fees payable to the Registrar General for Scotland for services provided under the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (“the 1965 Act”), the Civil Partnership Act 2004 and the Local Electoral Administration and Registration Services (Scotland) Act 2006 (“the 2006 Act”).

The Registration Services (Fees, etc.) (Scotland) Regulations 2006 are amended from 1st January 2008–

• (a) to prescribe an annual fee under section 39B of the 1965 Act, created by the 2006 Act, for weekly notification of all deaths in Scotland (regulation 2(3) and (6));

• (b) to allow the Registrar General a wider power to remit internet search fees to promote public knowledge of the registers for genealogy associations, schools and public libraries (regulation 2(4)); and

• (c) to amend a minor error in the definition of an “Internet search” (regulation 2(2)).

The Regulations also amend the fee structure for general searching fees paid to the Registrar General from 28th April 2008 (regulation 2(5) and the Schedule). The changes to the current fees are set out in the Schedule.

Footnotes

[^f00001]: 1965 c. 49 (“the 1965 Act”); section 28A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 10(1); sections 39B and 39E were inserted by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (“the 2006 Act”), section 44; section 54(1) was amended by the Children Act 1975 (c. 72), Schedule 4, Part III, the Marriage (Scotland) Act 1977 (c. 15), Schedule 3, and the 2006 Act, section 41(3). Section 1 of the 1965 Act contains a definition of “Registrar General” and section 56 contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

[^f00002]: 2004 c. 33; section 98 was substituted by the 2006 Act, section 52(6); section 122(7) was inserted by the 2006 Act, section 52(7); section 39D of the 1965 Act applies to any information shared with district registrars under section 39C; section 126(1) and 135 contain definitions of “prescribed” and “Registrar General” respectively relevant to the exercise of the statutory powers under which these Regulations are made.

[^f00003]: 2006 asp 14; section 60 contains and applies definitions of “prescribed” and “Registrar General” relevant to the exercise of statutory powers under which these Regulations are made.

[^f00004]: The functions of the Secretary of State under the 1965 Act were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00005]: S.S.I. 2006/575.

[^f00006]: 1980 c..44; section 135 was amended by the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(22)(d) and the Registered Establishments (Scotland) Act 1987 (c. 40), section 2(2).

[^f00007]: 1887 c. 42 (50 and 51 Vict.); the section 2 definition of “library authority” was substituted by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 5.

[^f00008]: Section 39B was inserted by the Local Electoral Administration and Registration Services (Scotland) Act 2006, section 44(5).