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

Decrees of parentage and non-parentage.

General Modification

Application by third party for notification of death

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16A

• (1) Each Health Board shall in respect of each birth that occurs in its area, provide to the Registrar General, in such manner and at such times as the Registrar General and that body may agree, the prescribed particulars.

• (2) The Registrar General shall, as soon as reasonably practicable after the prescribed particulars of a birth have been provided to the Registrar General under subsection (1) above, make those particulars available to the district registrar for each registration district.

16B

• (1) Subject to subsection (2) below, the district registrar for a registration district shall register the particulars of a birth where, in accordance with this Part of this Act, the registrar has an attested birth registration form concerning the birth.

• (2) The registrar is not to register a birth in respect of which information was given in a manner permitted by a direction under section 14(1A)(b) or (c) of this Act until the registrar is satisfied that the prescribed particulars of the birth have been—

• (a) provided to the Registrar General under section 16A of this Act; or

• (b) provided to the relevant district registrar under section 50 of this Act.

• (3) For the purposes of this Part of this Act, particulars of a birth are registered by entering the birth registration form concerning the birth in the relevant register kept by the district registrar performing the registration.

• (4) In subsection (3) above, the “ relevant register ” means the register of births or, as the case may be, still-births.

Registration after expiration of three months from date of birth or finding.

Registration of father or second female parent by virtue of certain provisions of the Human Fertilisation and Embryology Act 2008

Decrees of parentage and non-parentage.

Free abbreviated certificate of birth.

Still-births.

Particulars of deaths to be registered.

25A

• (1) Each Health Board shall in respect of each death that occurs in its area, provide to the Registrar General, in such manner and at such times as the Registrar General and that body may agree, the prescribed particulars.

• (2) The Registrar General shall, as soon as reasonably practicable after the prescribed particulars of a death have been provided to the Registrar General under subsection (1) above, make those particulars available to the district registrar for each registration district.

25B

• (1) Subject to subsection (2) and (2A) below, the district registrar for a registration district shall register the particulars of a death where, in accordance with this Part of this Act, the registrar has an attested death registration form concerning the death.

• (2) The registrar is not to register a death in respect of which information was given in a manner permitted by a direction under section 23(1A)(b) or (c) of this Act unless the registrar is satisfied that the prescribed particulars of the death have been—

• (a) provided to the Registrar General under section 25A of this Act, or

• (b) provided to the relevant district registrar under section 50 of this Act.

• (2A) The registrar is not to register a death in respect of which the certificate of cause of death has been referred under section 24A or where the Registrar General has been notified under section 4(4) of the 2011 Act of an application for review having been made until the first occurrence of any of the following events—

• (a) a medical reviewer, under section 7(2)(b) of the 2011 Act (request for review not to stay registration), notifying the registrar that it is appropriate in the circumstances to register the death before the review is complete,

• (b) the certificate or its replacement being approved by a medical reviewer—

• (i) under section 9 of the 2011 Act (action following satisfactory review), or

• (ii) under section 10 of that Act (action following unsatisfactory review: medical reviewer),

• (c) the certificate or its replacement being approved by the senior medical reviewer under section 11 of the 2011 Act (action following unsatisfactory review: senior medical reviewer),

• (d) the senior medical reviewer, under section 11(8)(a), (9)(a) or 12(5)(a) of the 2011 Act, signifying that the review has been conducted,

• (e) a medical reviewer, under section 12(2)(a) of the 2011 Act (action where relevant medical practitioner is unavailable or incapacitated), signifying that the review has been conducted, or

• (f) a procurator fiscal approving the certificate or providing a replacement certificate attested by a registered medical practitioner.

• (3) For the purposes of this Part of this Act, particulars of a death are registered by entering the death registration form concerning the death in the register of deaths kept by the district registrar performing the registration.

39A

• (1) Where—

• (a) the Registrar General receives an application for notice to be given to a person specified in the application of—

• (i) a birth (other than a still-birth),

• (ii) a death,

• (iii) a marriage,

• (iv) a change of name or surname or an alternative name,

• (b) the application is in the prescribed form,

• (c) such fee as may be prescribed has been paid, and

• (d) subsection (2) below applies,

the Registrar General shall, if the Registrar General considers it appropriate to do so, give such notice to such person.

• (2) This subsection applies—

• (a) in the case of a birth, if—

• (i) the birth has been registered in accordance with section 16B of this Act, and

• (ii) the application is made by a qualified informant in relation to the birth,

• (b) in the case of a death, if—

• (i) the death has been registered in accordance with section 25B of this Act, and

• (ii) the application is made by a qualified informant in relation to the death,

• (c) in the case of a marriage, if—

• (i) the marriage has been registered in accordance with section 15 or 19 of the Marriage (Scotland) Act 1977, and

• (ii) the application is made by a party to the marriage, and

• (d) in the case of a change of name or surname or an alternative name, if—

• (i) the change or alternative has been recorded in pursuance of section 43 of this Act, and

• (ii) the application is made by a relevant person.

• (3) In subsection (2)(d)(ii) above, “ relevant person ” means—

• (a) in the case of a change of name or surname recorded in pursuance of section 43(3) of this Act, the qualified applicant,

• (b) in any other case, the person upon whose application the recording in pursuance of section 43 of this Act proceeded.

• (4) An application for the giving of notice under subsection (1) above may be made to—

• (a) the Registrar General, or

• (b) the district registrar for any registration district.

• (5) If such an application is made to a district registrar, the district registrar shall as soon as practicable submit the application to the Registrar General.

• (6) For the purpose of subsection (1) above notice shall be given—

• (a) in such form as may be prescribed, and

• (b) by such means as the Registrar General may determine.

Application by third party for notification of death

39B

• (1) Where—

• (a) an application is made to the Registrar General for notice to be given of a death in Scotland to the applicant,

• (b) the application is in the prescribed form,

• (c) such fee as may be prescribed has been paid, and

• (d) the death has been registered in accordance with section 25B of this Act,

the Registrar General shall, if the Registrar General considers it appropriate to do so, give such notice to such person.

• (2) For the purpose of subsection (1) above notice shall be given—

• (a) in such form as may be prescribed, and

• (b) by such means as the Registrar General may determine.

39C

• (1) The Registrar General shall make arrangements for the district registrar for each registration district to have access to—

• (a) a copy of such of the entries in—

• (i) the registers of births, deaths and marriages transmitted to the Registrar General under section 34(4) of this Act, or any enactment repealed by this Act, by any district registrar,

• (ii) the Register of Divorces, and

• (iii) the parochial registers in the custody of the Registrar General,

as the Registrar General may determine,

• (b) an alphabetical index of those entries, and

• (c) a copy of any entry in the Register of Corrections Etc. which relates to an entry referred to in that index.

• (2) For the purposes of subsection (1) above—

• (a) a copy may be made by such means as the Registrar General shall determine, and

• (b) different arrangements and determinations may be made in respect of different registration districts.

39D

• (1) Where a person pays such fee as may be prescribed, the district registrar for a registration district shall, if the part of the registration office concerned is open for the purpose—

• (a) search the index to which the registrar has access by virtue of section 39C(1)(b) of this Act (or permit the person to do so), and

• (b) issue to the person an extract of a copy of an entry to which the registrar has access by virtue of section 39C(1)(a) of this Act.

• (2) Section 44(3) of this Act shall apply to the issue under this section of an extract of a copy of an entry as it applies to the issue of an extract of an entry.

39E

• (1) Where the district registrar for a registration district registers the particulars of a birth or death, that person shall without charge—

• (a) immediately after so doing, give to the informant, or

• (b) before the expiry of two working days beginning with the date of registration, send to the informant by post,

an abbreviated extract of the entry in the register of births or, as the case may be, deaths.

• (2) Subsection (1) above shall not apply to—

• (a) re-registration of a birth under section 20 of this Act, or

• (b) registration of a still-birth under section 21 of this Act.

• (3) Subject to subsection (5) below, where a person pays such fee as may be prescribed—

• (a) the district registrar for a registration district shall issue to the person an abbreviated extract of—

• (i) an entry in a register of births or deaths kept by the registrar; or

• (ii) a copy of an entry in a register of births or deaths to which the registrar has access by virtue of section 39C of this Act,

• (b) the Registrar General shall issue to the person an abbreviated extract of an entry in a register of births or deaths kept by the Registrar General.

• (4) An abbreviated extract shall contain such particulars as may be prescribed.

• (5) An abbreviated extract based on information contained in the Adopted Children Register maintained under section 53(1) of the Adoption and Children (Scotland) Act 2007 (asp 4) —

• (a) shall not include any reference to adoption, and

• (b) may be obtained only from the Registrar General.

41A

• (1) A document mentioned in subsection (2) below shall be sufficient evidence of the birth, still-birth, death, marriage, civil partnership, divorce, dissolution of civil partnership, change of name or surname, alternative name or declarator of nullity of marriage to which, as the case may be, it relates.

• (2) Those documents are—

• (a) an extract issued under this Act,

• (b) a notice given under section 39A or 39B of this Act.

Register of Corrections Etc.

54A

• (1) Regulations prescribing the form of a document may, unless the document requires to be signed, make provision for the document to be electronic rather than paper-based.

• (2) Regulations prescribing the manner in which a document requires to be attested may make different provision for different cases or circumstances.

Savings etc.

General Modification

Register of Corrections Etc.

Correction of entries in parochial registers.

Consequential amendments and repeals.

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Decrees of parentage and non-parentage.

Births of children where second female parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008

18B

• (1) No woman shall as a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 (“the woman concerned”) be required, as a parent of the child, to give information concerning the birth of the child and, save as provided in section 20 of this Act, the district registrar for the registration district shall not enter in the birth registration form concerning the birth the name and surname of any woman as a parent of the child by virtue of section 43 of that Act of 2008 except—

• (a) at the joint request of the mother and the woman concerned (in which case the birth registration form is to be attested by, or on behalf of, both the woman concerned and the mother); or

• (b) at the request of the mother on production of—

• (i) a declaration in the prescribed form made by the mother stating that the woman concerned is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; and

• (ii) a statutory declaration made by the woman concerned acknowledging herself to be a parent of the child by virtue of section 43 of that Act; or

• (c) at the request of the mother on production of a decree by a competent court finding or declaring the woman concerned to be a parent of the child by virtue of section 43 of that Act; or

• (d) at the request of the woman concerned on production of—

• (i) a declaration in the prescribed form made by the woman concerned acknowledging herself to be a parent of the child by virtue of section 43 of that Act; and

• (ii) a statutory declaration made by the mother stating that the woman concerned is a parent of the child by virtue of section 43 of that Act.

• (2) Where a person acknowledging herself to be a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 makes a request to the district registrar for the registration district in accordance with paragraph (d) of subsection (1) of this section, she 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 attesting of the birth registration form concerning the birth by her , or on her behalf shall act as a discharge of any duty of any other qualified informant under section 14 of this Act.

• (3) In any case where the name and surname of a woman who is a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 has not been entered in the birth registration form concerning the birth, the Registrar General may record that name and surname by causing an appropriate entry to be made in the Register of Corrections Etc.—

• (a) if there is produced to him a declaration and a statutory declaration such as are mentioned in paragraph (b) or (d) of subsection (1) of this section; or

• (b) if, where the mother is dead or cannot be found or is incapable of making a request under subsection (1)(b) or (c) of this section, or a declaration under subsection (1)(b)(i) or a statutory declaration under subsection (1)(d)(ii) of this section, the Registrar General is ordered so to do by the sheriff upon application made to the sheriff by the person acknowledging herself to be a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008.

• (4) References in this section to a birth registration form being attested—

• (a) by a person are to the person attesting the form—

• (i) in the prescribed manner in the presence of the district registrar, or

• (ii) in a manner approved by the Registrar General,

• (b) on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests).

• (5) Where—

• (a) a person is required by this section to attest a birth registration form, and

• (b) there is a way for the person to do so that does not entail attesting it in the presence of a district registrar,

it is for the person to choose whether to attest the form that way.

Still-births.

Reproduction of registers.

Application by third party for notification of death

Searching of indexes and issuing of extracts by district registrars

Savings etc.

General Modification

Decrees of parentage and non-parentage.

Births of children where second female parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008

Reproduction of registers.

Application by third party for notification of death

Searching of indexes and issuing of extracts by district registrars

Register of Corrections Etc.

Savings etc.

General Modification

Admissibility of registration information as evidence

Correction of entries in parochial registers.

Consequential amendments and repeals.

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

Particulars of deaths to be registered.

24A

• (1) The Registrar General must ensure that randomly selected certificates of cause of death are referred for review under section 8(1) of the 2011 Act prior to registration of the death to which each certificate relates.

• (2) The Registrar General must ensure that certificates of cause of death of such descriptions as may be specified in a request by medical reviewers under section 3 of the 2011 Act are referred for review under section 8(1) of that Act.

• (3) A district registrar for a registration district may refer for review under section 8(1) of that Act a certificate of cause of death where the district registrar considers it appropriate to do so.

• (4) The following certificates may not be referred under subsections (1) to (3)—

• (a) a certificate of cause of death relating to a body in respect of which a direction has been given by a Health Board under section 90(2) of the Public Health etc. (Scotland) Act 2008 (asp 5) (restrictions on release of infected etc. bodies from hospital),

• (b) a certificate of cause of death which has already been referred under this section,

• (c) a certificate of cause of death which has been (or is being) reviewed under section 8(1) of the 2011 Act following an application made under section 4(1) of that Act,

• (d) a certificate of cause of death which is a replacement certificate attested and transmitted in response to an invitation to do so under section 10 or 11 of the 2011 Act,

• (e) a certificate of cause of death where the cause of death of the deceased person has been (or is being) investigated by a procurator fiscal,

• (f) a certificate of cause of death attested prior to the coming into force of this section.

• (5) The Scottish Ministers may give directions to the Registrar General about the referral of certificates under this section; and the Registrar General must comply with any such direction.

• (6) A direction under subsection (5) may in particular specify—

• (a) the minimum number of certificates of cause of death which are to be selected for referral under subsection (1) in any year, and

• (b) the method of determining which certificates are to be selected for referral under subsection (1).

• (7) The Scottish Ministers may by order made by statutory instrument suspend the referral of certificates under this section—

• (a) during an epidemic, or

• (b) where the Scottish Ministers consider, on reasonable grounds, that it is necessary to do so to prevent, or to prevent the spread of, infectious diseases or contamination.

• (8) An order made under subsection (7)—

• (a) may include such supplementary, incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

• (b) may ... make different provision for different purposes.

• (9) An order made under subsection (7) (other than one to which subsection (11) applies)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by resolution of the Parliament.

• (10) Subsection (11) applies to an order made under subsection (7) consisting only of—

• (a) provision revoking an earlier order made by virtue of subsection (7), or

• (b) such provision and provision made by virtue of subsection (8)(a).

• (11) An order to which this subsection applies is subject to annulment in pursuance of a resolution of the Parliament.

• (12) In reckoning for the purposes of subsection (9)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is—

• (a) dissolved, or

• (b) in recess for more than 4 days.

• (13) Subsection (9)(b) is without prejudice to anything previously done by reference to an order under subsection (7) or to the making of a new order under that subsection.

24B

• (1) This section applies where a certificate of cause of death is referred under section 24A(1).

• (2) A district registrar for a registration district must, following a request by a qualified informant, refer the certificate to a medical reviewer for a determination under section 7 of the 2011 Act (medical reviewer to determine whether review to stay registration).

• (3) Such a referral must include a statement by the qualified informant of the circumstances which the qualified informant believes justify registering the death before the review is complete.

• (4) The qualified informant must also provide such other information as the medical reviewer may reasonably require.

27A

• (1) A person having charge of a place of interment, cremation or other means of disposal of human bodies who inters, cremates or otherwise disposes of the body of a still-born child or a deceased person (or who knowingly permits such interment, cremation or disposal) without the certificates or other documentation specified under subsection (2)(a) for such purpose commits an offence.

• (2) The Scottish Ministers may by regulations made by statutory instrument—

• (a) specify the certificates or other documentation required for the interment, cremation or other disposal of the body of a still-born child or a deceased person,

• (b) make provision about the form and content of such certificates (other than those which are to be prescribed by the Registrar General under this Act).

• (3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) It is a defence for a person charged with an offence under subsection (1) to prove that there was a reasonable excuse for the interment, cremation or disposal of a body (or for that person permitting such interment, cremation or other disposal) without the certificates or other documentation specified under subsection (2)(a).

• (5) Where an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) a director, manager, secretary or other similar officer of the body corporate, or

• (b) any person who was purporting to act in any such capacity,

that person, as well as the body corporate, commits the offence and is liable to be proceeded against accordingly.

• (6) The power conferred by subsection (2)—

• (a) may be exercised so as to make different provision for different purposes,

• (b) includes power to make such incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient.

• (7) A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (8) In subsections (1), (2) and (4) reference to a body includes reference to a part of a body.

Reproduction of registers.

Searching of indexes and issuing of extracts by district registrars

Form and authentication of registration information

Register of Corrections Etc.

Savings etc.

General Modification

Still-births.

Meaning of birth registration form

Reproduction of registers.

Application by third party for notification of death

Searching of indexes and issuing of extracts by district registrars

Form and authentication of registration information

Register of Corrections Etc.

Savings etc.

General Modification

28ZA

In this Part, references to a death registration form are to the prescribed form in which—

• (a) a person gives a district registrar information of the prescribed particulars concerning a death, or

• (b) a district registrar records information of the prescribed particulars concerning a death.

14A

• (1) A direction under section 14(1A)(b) may only permit information to be given in a manner approved by the Registrar General.

• (2) A direction under section 14(1A)(c) may not make different provision for different areas.

• (3) A power to issue a direction under section 14(1A) includes the power to revise or revoke an earlier direction issued under the power.

• (4) Directions under section 14(1A) must be made publicly available.

• (5) There is no duty to issue any direction under section 14(1A)(b) or (c).

21A

In this Part, references to a birth registration form are to the prescribed form in which—

• (a) a person gives a district registrar information of the prescribed particulars concerning a birth, or

• (b) a district registrar records information of the prescribed particulars concerning a birth.

23A

• (1) A direction under section 23(1A)(b) may only permit information to be given in a manner approved by the Registrar General.

• (2) A direction under section 23(1A)(c) may not make different provision for different areas.

• (3) A power to issue a direction under section 23(1A) includes the power to revise or revoke an earlier direction issued under the power.

• (4) Directions under section 23(1A) must be made publicly available.

• (5) There is no duty to issue any direction under section 23(1A)(b) or (c).