The Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1993

Made: 14th December 1993

Laid before Parliament: 16th December 1993

Coming into force: 1st April 1994

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 1993 and shall come into force on 1st April 1994.

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

Subject to 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 be the amounts specified in column 4 thereof (the amounts previously prescribed[^f00002] are specified in column 3 of that Schedule).

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 be the amounts specified in column 4 thereof (the amounts previously prescribed[^f00003] are specified in column 3 of that Schedule).

Remission of fees

5

The Registrar General may remit any fee or part of a fee where–

• (a) the payment of the fee is likely to cause hardship to the person by whom it is payable; or

• (b) the service in respect of which the fee is payable is performed for research purposes; or

• (c) an extract has been requested by the father or mother of a still–born child within one month of the date of registration of the still–birth, and the Registrar General consents in terms of section 37(3) of the Act to the extract being issued from the register of still–births.

Revocation

6

The Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1992[^f00004] are hereby revoked.

SCHEDULE 1 — FEES PAYABLE TO REGISTRAR GENERAL

1

Issue of first or only extract of entry following particular search of the statutory registers where application made–

• (a) in person

2

Issue of first or only extract of entry following particular search of the parochial registers where application made–

• (a) in person

3

Issue of second or any subsequent extract of the same entry applied for at the same time

4

Issue of extract of entry following general search

5

Issue of first or only abbreviated certificate of birth following particular search where application made–

• (a) in person

6

Issue of second or any subsequent abbreviated certificate of birth of the same entry applied for at the same time

7

Issue of abbreviated certificate of birth applied for at the same time as an extract of the same entry following particular search

8

Issue of abbreviated certificate of birth following general search

9

Particular search for each period of 5 years or part thereof in the indexes to the statutory registers where specified entry untraced, and application made–

• (a) in person

10

Particular search for each period of 5 years or part thereof in the parochial registers where specified entry untraced, and application made–

• (a) in person

11

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

• (a) In a case where payment is made not less that 14 days in advance and a place is occupied in the limited amount of general search accommodation made available for reservation at this fee–

per day or part thereof

12

Recording of name, or change of name or surname, or alternative name

13

Recording of name, or change of name or surname, or alternative name for second or any subsequent members of the family intimated at the same time.

SCHEDULE 2 — FEES PAYABLE TO DISTRICT REGISTRARS

1

Issue of any extract of entry of birth, death or marriage applied for within one month from the date of registration

2

Issue of 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

3

Issue of second or any subsequent extract of the same entry applied for on any one occasion after one month from the date of registration

4

Issue of extract following general search

5

Issue of any abbreviated certificate of birth applied for within one month from the date of registration not being an abbreviated certificate of birth given or transmitted under section 19 of the Act

6

Issue of first or only abbreviated certificate of birth applied for on any one occasion after one month from the date of registration

7

Issue of second or any subsequent abbreviated certificate of birth of the same entry applied for on any one occasion after one month from the date of registration

8

Issue of 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.

9

Issue of abbreviated certificate of birth following general search

10

Particular search in the indexes to the statutory registers where specified entry untraced, for each period of 5 years or part thereof

11

General search in the indexes to the statutory registers, per 2 hours or part thereof

Signed

C M Glennie — Registrar General — 9th December 1993

Approved by the Secretary of State for Scotland

Fraser of Carmyllie — Minister of State, Scottish Office — 14th December 1993

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe, with effect from 1st April 1994, 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 services listed in Schedule 1 are increased except items 2(b), 9(b) and 10(b), which are decreased, and items 10(a), 12 and 13, which remain the same.

The fees for the services listed in Schedule 2 are increased except item 11 which remains the same.

Regulation 5(iii) gives the Registrar General power to remit the fee in circumstances where the extract is from the register of still-births and has been requested by the father or mother of the still-born child.

A new discount fee is introduced where payment is made in advance for the service listed in Schedule 1, item 11(a).

The Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1992 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]: S.I. 1992/3215.

[^f00003]: S.I. 1992/3215.

[^f00004]: S.I. 1992/3215.