LegalizeThe Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1989
Made: 13th December 1989
Laid before Parliament: 29th December 1989
Coming into force: 1st April 1990
The Registrar General, in exercise of the powers conferred upon him by sections 28A(4), 37(2) and (3), 38(2) and (3), 40(1), 43(8), 47, 54(1) and 56 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 Secretary of State, hereby makes the following Regulations:
Citation and commencement
1
These Regulations may be cited as the Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1989 and shall come into force on 1st April 1990.
Interpretation
2
In these Regulations—
- “the Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965;
- “general search” means a search, over any period of years for any number of entries, made by any person with the permission of the Registrar General or the district registrar;
- “particular search” means a search for a specified entry caused to be made by the Registrar General or made by a district registrar.
Fees payable to Registrar General
3
- (1) Subject to paragraph (2) of this regulation and regulation 5, the fees payable under the provisions of the Act specified in column 1 of Schedule 1 to these Regulations for the services described in column 2 of that Schedule shall (in place of the amounts previously prescribed which are specified in column 3 thereof[^f00002] be the amounts specified in column 4 of that Schedule.
- (2) The Registrar General may, on application by any body or organisation not operating for profit, determine an annual inclusive fee for general searches made by such body or organisation in lieu of the fees for general searches as set out in Schedule 1 to these Regulations, and any fee so determined shall not exceed the fees otherwise payable under the said Schedule, and shall be subject to annual review thereafter.
Fees payable to district registrars
4
Subject to regulation 5, the fees payable under the provisions of the Act specified in column 1 of Schedule 2 to these Regulations for the services described in column 2 of that Schedule shall (in place of the amounts previously prescribed which are specified in column 3 thereof[^f00003] be the amounts specified in column 4 of that Schedule.
Remission of fees
5
The Registrar General may remit any fee or part of a fee where the payment of the fee is likely to cause hardship to the person by whom it is payable or the service in respect of which the fee is payable is performed for research purposes.
Revocation
6
The Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) (No. 2) Regulations 1988[^f00004] are hereby revoked.
SCHEDULE 1 — FEES PAYABLE TO REGISTRAR GENERAL
Issue of—
- (1) first or only extract of entry following particular search where application made—
- (a) in person
SCHEDULE 2 — FEES PAYABLE TO DISTRICT REGISTRARS
| 1 | 2 | 3 | 4 |
|---|---|---|---|
| Registration of Births, Deaths and Marriages (Scotland) Act 1965 | Service | Fee Formerly payable | Fee payable under these Regulations |
| £ | £ | ||
| Section 37(2) and (3) | Issue of— | ||
| 1 any extract of entry of birth, death or marriage applied for within one month from the date of registration | 3.50 | 4.00 | |
| 2 first or only extract of entry of birth, death or marriage applied for on any one occasion after one month from the date of registration | 6.00 | 7.00 | |
| 3 second or any subsequent extract of the same entry applied for on any one occasion after one month from the date of registration | 3.50 | 4.00 | |
| 4 extract of entry following general search | 3.50 | 4.00 | |
| Section 40(1) | 5 any abbreviated certificate of birth applied for within one month from the date of registration | 2.50 | 3.00 |
| 6 first or only abbreviated certificate applied for on any one occasion after one month from the date of registration | 5.00 | 6.00 | |
| 7 second or any subsequent abbreviated certificate of the same entry applied for on any one occasion after one month from the date of registration | 2.50 | 3.00 | |
| 8 abbreviated certificate of birth applied for after one month from the date of registration at the same time as an extract of the same entry following a particular search | 2.50 | 3.00 | |
| 9 abbreviated certificate of birth following general search | 2.50 | 3.00 | |
| Section 37(2) | 10 Particular search in the indexes to the statutory registers where specified entry untraced: for each period of 5 years or part thereof | 2.50 | 3.00 |
| 11 General search in the indexes to the statutory registers: per hour or part thereof | 2.50 | 3.00 |
Signed
C M Glennie — Registrar General — 12th December 1989
Approved by the Secretary of State
Michael B Forsyth — Parliamentary Under Secretary of State, Scottish Office — 13th December 1989
Explanatory note
(This note is not part of the Regulations)
These Regulations prescribe, with effect from 1st April 1990, the fees payable to the Registrar General and district registrars for services provided under the Registration of Births, Deaths and Marriages (Scotland) Act 1965.
The fees for the first to thirteenth and fifteenth and sixteenth services listed in Schedule 1 and for all the services listed in Schedule 2 are increased. Service fourteen in Schedule 1 is withdrawn.
The Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) (No.2) Regulations 1988 are revoked.
Footnotes
[^f00001]: 1965 c. 49; section 28A was inserted by section 50(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73); section 54(1) was amended by the Children Act 1975 (c. 72), Schedule 4, Part III and by the Marriage (Scotland) Act 1977 (c. 15), Schedule 3; section 56 contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.
[^f00002]: Column 3 of Schedule 1 shows the amounts which were payable under S.I. 1988/2214
[^f00003]: Column 3 of Schedule 2 shows the amounts which were payable under S.I. 1988/2214
[^f00004]: S.I. 1988/2214
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