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

• (b) issue to any person an extract of any entry in the said registers or copies which that person may require.

Miscellaneous

Decrees of court altering status

48

Where a decree altering the status of any person has been granted by any competent 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 who shall thereupon cause an appropriate entry to be made—

• (a) where the decree is of divorce or of declarator of nullity of marriage, in the Register of Divorces; and

• (b) in any other case,

Signing by mark by persons unable to write

49

If any person whose signature is necessary under this Act is unable to write, it shall be lawful for him to adhibit a cross or other mark in the presence of the district registrar or two witnesses who shall also adhibit their signatures and designations, and such cross or mark shall be in all respects as binding and effectual as the signature of such person would have been if he had been capable of writing.

Events occurring in institutions

50

The chief officer, matron or other person in charge of a hospital, . . . or other such institution or of accommodation provided by a care home service (“care home service” having the meaning given by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)) who has been so requested by the Registrar General, shall, at such times and in such manner as the Registrar General may require, transmit to the district registrar of the registration district in which the institution or accommodation is situate, a list containing particulars of births and deaths occurring in such institution or accommodation.

Returns to be made by registrar

51

Every district registrar shall—

• (a) at such times and in such manner as the Registrar General may direct, furnish to the Registrar General returns relating to the entries of births, deaths and marriages and any other information obtained by the registrar in the execution of his duties which the Registrar General may require, and

• (b) supply to the Chief administrative medical officer of the Health Board in whose area the registration office is situate such periodical returns of births and deaths as may be required by the Secretary of State.

Sending of documents by post

52

Any notice, information, declaration, certificate, requisition, return or other document required to be served, sent or issued by a district registrar by or under this Act or the Marriage (Scotland) Act 1977 may, unless the context otherwise requires, be sent by post or in accordance with any directions which may be given by the Registrar General.

Offences

53

• (1) If any person commits any of the following offences, that is to say—

• (a) if he knowingly gives to a district registrar or the Registrar General information which is false in a material particular;

• (b) if he falsifies or forges any extract, certificate or declaration issued or made, or purporting to be issued or made, under this Act; or

• (c) if he knowingly uses, or gives or sends to any person, as genuine any false or forged extract, certificate or declaration issued or made, or purporting to be issued or made, under this Act,

he shall be liable

• (i) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both;

• (ii) on summary conviction, to a fine not exceeding £100 or to imprisonment for a term not exceeding 3 months or to both.

• (2) If any person commits any of the following offences, that is to say—

• (a) if he wilfully or negligently destroys, obliterates, erases or injures any entry in any register kept under this Act, or causes or permits the register or any part thereof to be destroyed, obliterated, erased or injured; or

• (b) if he knowingly gives to a district registrar, for the purpose of registration in a register, particulars of a birth or of a death which have already been registered in that or any other register,

he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) If any person commits any of the following offences, that is to say—

• (a) if being required by or under this Act to give information concerning any birth or death or any dead body, he wilfully refuses to answer any question put to him by a district registrar relating to the particulars required to be registered concerning the birth or death, or save as provided in this Act, fails to comply with any requirement of a district registrar made thereunder;

• (b) if he refuses or fails without reasonable cause to give, deliver or send any certificate which he is required by this Act to give, deliver or send;

• (c) if, being a parent, and save as provided in this Act, he fails without reasonable excuseto give information concerning the birth of his child as required by this Act;

• (d) if, being a person upon whom duty to give information concerning a death is imposed by section 23(1) of this Act, he fails to give that information and that information is not given; or

• (e) if he passes as genuine any reproduction of an extract ... if such reproduction has not been authenticated in accordance with section 41(1) of this Act,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Regulations

54

• (1) The Registrar General may, with the approval of the Secretary of State, by statutory instrument make regulations—

• (a) prescribing the circumstances, of hardship or otherwise, in which fees prescribed under this Act may be remitted by the Registrar General;

• (b) prescribing anything which by this Act is required to be prescribed;

• (c) . . .

• (d) . . .

• (1A) Regulations under subsection (1) may make different provision for different cases or circumstances.

• (2) Any statutory instrument containing regulations . . .

• (a) prescribing fees for the purposes of this Act

• (b) prescribing cases or classes of case for the purpose of section 20(1A)(b) of this Act,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) The Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations made under this section as if the regulations had been made by a Minister of the Crown.

Expenses

55

There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided by way of Exchequer Equalisation Grant under the enactments relating to local government in Scotland.

Interpretation

56

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

• “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;

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

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

• . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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;

• “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;

• “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, . . . , a civil partner and anyone related to the civil partner of the person as regards whom the expression is being construed;

• “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 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;

• . . .

• (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.

• (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.

Savings etc.

57

• (1) Any registration effected, extract or certificate issued, notice or information given, order, regulations or return made or other thing done under any enactment repealed by this Act shall, if in force at the commencement of this Act, continue in force and have effect as if effected, issued, given, made or done under the corresponding provision of this Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Any document referring to an enactment repealed by this Act shall, unless the contrary intention appears, be construed as referring to the corresponding provision of this Act.

• (5) Nothing in this Act shall affect any provision of the Population Statistics Act 1938 requiring particulars to be furnished for the purposes of that Act.

• (6) Nothing in the foregoing provisions of this section or in the provisions of the next following section shall be taken as prejudicing the operation of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 which relate to the effect of repeals.

Consequential amendments and repeals

58

• (1) The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments respectively specified in that Schedule, being amendments consequential on the provisions of this Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short title, extent and commencement

59

• (1) This Act may be cited as the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

• (2) This Act shall extend to Scotland only.

• (3) This Act shall come into force on 1st January 1966.

SCHEDULE 1

GENERAL MODIFICATION

1

Any reference in any other enactment to a registrar in relation to births, deaths or marriages shall be construed as a reference to a district registrar within the meaning of this Act.

SPECIFIC MODIFICATIONS

The Marriage Notice (Scotland) Act 1878 — 41 & 42 Vict. c. 43

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Marriage (Scotland) Act 1939 — 2 & 3 Geo. 6 c. 34

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Family Allowances Act 1945 — 8 & 9 Geo. 6 c. 41

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Insurance Act 1946 — 9 & 10 Geo. 6 c. 67

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Adoption Act 1958 — 7 & 8 Eliz. 2 c. 5

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Adoption Act 1964 — 1964 c. 57

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

The Registrar General.

Registration of father by virtue of certain provisions of the Human Fertilisation and Embryology Act 1990

18ZA

• (1) The registrar shall not enter in the register—

• (a) as the father of a child the name of a man who is to be treated for that purpose as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008 (circumstances in which man to be treated as father of child for purpose of registration of birth where fertility treatment undertaken after his death); or

• (b) as a parent of the child, the name of a woman who is to be treated for that purpose as a parent of the child by virtue of section 46(1) or (2) of that Act (circumstances in which woman to be treated as parent of child for purposes of registration of birth where fertility treatment undertaken after her death),

unless the condition in subsection (2) below is satisfied.

• (2) The condition in this subsection is satisfied if—

• (a) the mother requests the registrar to make such an entry in the register and produces the relevant documents; or

• (b) in the case of the death or inability of the mother, the relevant documents are produced by some other person who is a qualified informant.

• (3) In this section “ the relevant documents ” means—

• (a) the consent in writing and election mentioned in section 39(1), 40(1) or (2) or 46(1) or (2) (as the case requires) of the Human Fertilisation and Embryology Act 2008;

• (b) a certificate of a registered medical practitioner as to the medical facts concerned; and

• (c) such other documentary evidence (if any) as the registrar considers appropriate.

Decrees of parentage and non-parentage.

18A

• (1) Where a decree of parentage or non-parentage has been granted by any court the clerk of court shall—

• (a) where no appeal has been made against such decree, on the expiration of the time within which such an appeal may be made, or

• (b) 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.

• (2) 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.

Part IIIA

28A

• (1) The Registrar General shall maintain at the General Register Office a register of decrees of divorce and of declarator of nullity of marriage (which register shall be known as the “Register of Divorces”).

• (2) The Registrar General shall cause to be made and kept at the General Register Office an alphabetical index of the entries in the Register of Divorces (in this section referred to as “the index”).

• (3) The Register of Divorces shall be in such form as may be prescribed.

• (4) On payment to him of such fee or fees as may be prescribed, the Registrar General shall, at any time when the General Register Office is open for that purpose—

• (a) cause a search of the index to be made on behalf of any person or permit that person to search the index himself;

• (b) issue to any person an extract of any entry in the Register of Divorces which that person may require.

• (5) An extract of an entry in the Register of Divorces shall be sufficient evidence of the decree of divorce or, as the case may be, of declarator of nullity of marriage to which it relates.

• (6) The Registrar General may delete or amend any entry in the Register of Divorces or substitute another for it.

• (7) In this section, references to decrees of divorce are references to decrees thereof of the Court of Session or the sheriff and references to decrees of declarator of nullity of marriage are references to decrees thereof of the Court of Session or the sheriff.

28B

29

General Modification

The Marriage Notice (Scotland) Act 1878

The Marriage (Scotland) Act 1939

The Family Allowances Act 1945

The National Insurance Act 1946

The Adoption Act 1958

The Adoption Act 1964

Editorial notes