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(1) The 1965 Act is amended in accordance with subsections (2) to (6).
(2) For section 5 (registration districts and authorities) there is substituted—
(1) For the purposes of this Act, the area of each local authority shall be a registration district.
(2) There shall be a local registration authority for each registration district.
(3) The local registration authority for a registration district shall be the local authority whose area comprises that district.”.
(3) Section 6 (alteration of registration districts) is repealed.
(4) In section 7 (senior and district registrars and other staff)—
(a) in subsection (1), for “each registration district in their area” there is substituted “their registration district”;
(b) in subsection (1)(a), for “any registration district in their area” there is substituted “their registration district”;
(c) in subsection (1)(c), for “any registration district in their area” there is substituted “their registration district”;
(d) in subsection (8), for “any”, where first occurring, there is substituted “their”; and
(e) in subsection (11)(a), the words “or in a scheme under the last foregoing section” and “or of any such scheme” are repealed.
(5) In section 8 (registration offices)—
(a) in subsection (1), for “each registration district in their area” there is substituted “their registration district”; and
(b) in subsection (4)—
(i) for “each registration district in their area” there is substituted “their registration district”;
(ii) for “the office” there is substituted “those premises”; and
(iii) for “the last foregoing subsection” there is substituted “subsection (3) above”.
(6) In section 9(1) (provision of area repositories), for “area” there is substituted “registration district”.
In section 8 of the 1965 Act (attendance of district registrar at registration office), after subsection (3) there is inserted—
“(3A) Different days and different hours may be fixed under subsection (3) above for each of the premises provided and maintained by the local registration authority as part of the registration office.”.
(1) The 1965 Act is amended in accordance with subsections (2) to (8).
(2) In section 13 (particulars of births to be registered), for subsections (1) to (3) there is substituted—
“(1) The prescribed particulars of the birth of every child born in Scotland shall be registered in accordance with this Part of this Act and for that purpose each district registrar for each registration district shall keep—
(a) a register of births, and
(b) a register of still-births.”.
(3) In section 14 (duty to give information of particulars of birth)—
(a) in subsection (1)—
(i) for the words from “attend” to “registrar”, where secondly occurring, there is substituted “give to the district registrar for a registration district information of the prescribed particulars concerning the birth”; and
(ii) in the proviso, the words “and the signing of the register” are repealed;
(b) after subsection (1) there is inserted—
“(1A) For the purposes of subsection (1) above, a person shall give information of the prescribed particulars concerning a birth to the district registrar for a registration district by—
(a) attending personally at the registration office for that district and—
(i) giving to the registrar information of the particulars required to be registered concerning the birth, and
(ii) attesting, in the prescribed manner, the prescribed form (in this Part, the “birth registration form”) concerning the birth in the presence of the registrar, or
(b) submitting to the registrar by a prescribed means a birth registration form concerning the birth which has been completed by the person and attested by him in the prescribed manner.”; and
(c) in subsection (3), the words “or the last foregoing” are repealed.
(4) In section 15 (duty to give information concerning finding of infant children)—
(a) in subsection (1)—
(i) for “registrar”, where first occurring, there is substituted “district registrar for the registration district in which the child was found”;
(ii) for the words “particulars required to be registered” there is substituted “prescribed particulars”; and
(iii) for “sign the register” there is substituted “attest, in the prescribed manner, the birth registration form concerning the birth”; and
(b) in subsection (2)—
(i) for “signed” there is substituted “attested in the prescribed manner”; and
(ii) for “register” there is substituted “birth registration form concerning the birth”.
(5) In section 16 (registrar’s power to require information concerning birth to be given)—
(a) in subsection (1)—
(i) for “particulars required to be registered” there is substituted “prescribed particulars”;
(ii) for “registrar”, where first occurring, there is substituted “district registrar for a registration district”;
(iii) after “the”, where sixthly occurring, there is inserted “district”; and
(iv) in paragraph (c), for “sign the register” there is substituted “attest, in the prescribed manner, the birth registration form concerning the birth”;
(b) in subsection (2), after “the”, where fourthly occurring, there is inserted “said”; and
(c) in subsection (3), after “the”, where first occurring, there is inserted “said”.
(6) After section 16 there is inserted—
(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.
(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 he obtained the attested birth registration by virtue of section 14(1A)(b) 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.”.
(7) In section 17 (prohibition on late registration of births)—
(a) in subsection (1), for “a registrar” there is substituted “the district registrar for a registration district”; and
(b) after that subsection there is inserted—
“(1A) For the purposes of subsection (1) above, authority which is given by electronic means is to be treated as if in writing if it is received in a form which is legible and capable of being used for subsequent reference.”.
(8) In section 18 (births of children to unmarried parents)—
(a) in subsection (1)—
(i) for “registrar” there is substituted “district registrar for the registration district”;
(ii) for “register” there is substituted “birth registration form concerning the birth”; and
(iii) in paragraph (a), for “sign the register” there is substituted “attest, in the prescribed manner, the birth registration form”;
(b) in subsection (1A)—
(i) for “registrar”, where first occurring, there is substituted “district registrar for the registration district”; and
(ii) for “signing of the register” there is substituted “attesting of the birth registration form concerning the birth”; and
(c) in subsection (2), for “register” there is substituted “birth registration form concerning the birth”.
(1) Section 21 of the 1965 Act (registration of still-births) is amended in accordance with subsections (2) to (4).
(2) In subsection (2)—
(a) for “registrar” there is substituted “district registrar for a registration district”; and
(b) in paragraph (a)—
(i) for “deliver” there is substituted “produce”; and
(ii) for “signed”, in both places where it occurs, there is substituted “attested in the prescribed manner”.
(3) In subsection (3)—
(a) the words from “give” to the end become paragraph (a); and
(b) after that paragraph there is inserted “; or
(b) deliver such a certificate on that person’s behalf to a district registrar for a registration district nominated by that person”.
(4) In subsection (4)—
(a) for “registrar” there is substituted “district registrar for a registration district”; and
(b) after “registered” there is inserted “or, if the person so requests, deliver such a certificate on that person’s behalf to a keeper or other person having charge of a place of interment nominated by that person”.
(1) The 1965 Act is amended in accordance with subsections (2) and (3).
(2) In section 20 (re-registration of birth)—
(a) in subsection (1)—
(i) in paragraph (c), after “another”, where secondly occurring, there is inserted “and subject to subsection (1B) below”;
(ii) for the words from “Registrar”, where first occurring, to “birth”, where first occurring, there is substituted “birth may, where subsection (1A) below applies, be re-registered”;
(iii) for the words from “Provided” to “birth”, where secondly occurring, there is substituted—
“(1A) This subsection applies—
(a) where the Registrar General authorises the re-registration, and
(b) in such other cases or classes of case as may be prescribed.
(1B) A birth may not be re-registered”; and
(iv) for “this subsection” there is substituted “subsection (1) above”; and
(b) subsection (3) is repealed.
(3) In section 54 (parliamentary procedure), in subsection (2)—
(a) the words “prescribing fees for the purposes of this Act” become paragraph (a) of that subsection; and
(b) after “Act” there is inserted—
“(b) prescribing cases or classes of case for the purpose of section 20(1A)(b) of this Act,”.
(1) The 1965 Act is amended in accordance with subsections (2) to (8).
(2) In section 22 (particulars of deaths to be registered), for subsections (1) to (3) there is substituted—
“(1) The prescribed particulars of the death of every person dying in Scotland shall be registered in accordance with this Part of this Act and for that purpose the district registrar for each registration district shall keep a register of deaths.”.
(3) In section 23 (duty to give information of particulars of death)—
(a) in subsection (1)—
(i) the words “to attend personally at a registration office and give to the registrar” are repealed;
(ii) after “finding,” there is inserted “give”;
(iii) for “and to sign the register in the presence of the registrar” there is substituted “to the district registrar for a registration district”; and
(iv) in the proviso, the words “and the signing of the register” are repealed;
(b) after subsection (1) there is inserted—
“(1A) For the purposes of subsection (1), a person shall give information of the prescribed particulars concerning a death to the district registrar for a registration district by—
(a) attending personally at the registration office for that district and—
(i) giving to the registrar information of the particulars required to be registered concerning the death, and
(ii) attesting, in the prescribed manner, the prescribed form (in this Part, the “death registration form”) concerning the death in the presence of the registrar, or
(b) submitting to the registrar by a prescribed means a death registration form concerning the death which has been completed by the person and attested by him in the prescribed manner.”; and
(c) in subsection (2), the words “or the last foregoing” are repealed.
(4) In section 24 (certificate of cause of death)—
(a) in subsection (1)—
(i) for “registrar” there is substituted “district registrar for a registration district”; and
(ii) for “signed” there is substituted “attested, in the prescribed manner,”; and
(b) in subsection (2)—
(i) for “signed” there is substituted “attested, in the prescribed manner,”; and
(ii) for “registrar” there is substituted “district registrar for a registration district”.
(5) In section 25 (registrar’s power to require information concerning death to be given)—
(a) in subsection (1)—
(i) for “particulars required to be registered” there is substituted “prescribed particulars”;
(ii) for “registrar”, where first occurring, there is substituted “district registrar for a registration district”;
(iii) after “the”, where ninthly occurring, there is inserted “district”; and
(iv) in paragraph (c), for “sign the register” there is substituted “attest, in the prescribed manner, the death registration form concerning the death”;
(b) in subsection (2), after “the”, where fourthly occurring, there is inserted “said”; and
(c) in subsection (3), after “the”, where first occurring, there is inserted “said”.
(6) After section 25 there is inserted—
(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.
(1) Subject to subsection (2) 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 he obtained the attested death registration form by virtue of section 23(1A)(b) 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.
(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.”.
(7) In section 26 (prohibition on late registration of deaths)—
(a) in subsection (1), for “a registrar” there is substituted “the district registrar for a registration district”; and
(b) after that subsection there is inserted—
“(1A) For the purposes of subsection (1) above, authority which is given by electronic means is to be treated as if in writing if it is received in a form which is legible and capable of being used for subsequent reference.”.
(8) In section 27 (free certificate of registration of death)—
(a) in subsection (1), for “registrar” there is substituted “district registrar for a registration district”; and
(b) in subsection (3), for “registrar of the registration district in which the death occurred” there is substituted “district registrar for a registration district”.
(1) The 1965 Act is amended in accordance with subsections (2) to (6).
(2) In section 32 (form and provision of registers etc.)—
(a) after subsection (1) there is inserted—
“(1A) A register of births, deaths, still-births or marriages or the Register of Corrections Etc. may, if the Registrar General so determines, be electronic rather than paper-based.”; and
(b) in subsection (2), for “the foregoing subsection” there is substituted “subsection (1) above”.
(3) For section 34 (examination of registers by district examiners) there is substituted—
(1) The district examiner, or such other officer as may be nominated for the purpose by the Registrar General, shall, at such time or times and in such manner as the Registrar General may direct, examine the unexamined part of a relevant register kept or held by a district registrar within the district examiner’s district.
(2) An examination under subsection (1) above shall include an examination of any entry in the Register of Corrections Etc. which relates to an entry in a part of a relevant register which is the subject of the examination.
(3) On completion of an examination under subsection (1) above—
(a) the district registrar shall endorse the register so examined, and
(b) the district examiner shall—
(i) endorse that register, and
(ii) transmit to the Registrar General a report of any circumstances arising from the examination to which he considers that the attention of the Registrar General should be drawn.
(4) The district registrar for a registration district shall, at such time or times as the Registrar General may direct, transmit a relevant register to the Registrar General.
(5) In this section—
“the unexamined part” of a register is that part of the register which has not previously been examined under subsection (1) above, and
“the relevant registers” are—
the registers of births, still-births, deaths and marriages, and
any duplicate or copy registers kept in pursuance of directions given by the Registrar General under section 33 of this Act.”.
(4) Section 35 (reproduction of registers following transmission) is repealed.
(5) In section 36 (replacement of lost registers etc.), in subsection (1), the words “or before reproduction in accordance with section 35 of this Act” are repealed.
(6) In section 42 (power of district examiner to correct registers), in subsection (4)—
(a) after “entries” there is inserted “in a register”; and
(b) the words “of the registers” are repealed.
(1) The 1965 Act is amended in accordance with subsections (2) to (8).
(2) Section 19 (free abbreviated certificate) is repealed.
(3) For section 37 (search of indexes kept by registrars), there is substituted—
(1) Subject to subsection (2) below, 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, issue to the person an extract of an entry in the register of births, still-births, deaths or marriages kept by the registrar.
(2) An extract from the register of still-births may be issued only with the consent of the Registrar General in the particular case.”.
(4) In section 38(1) (search of indexes kept by Registrar General), for “kept in the General Register Office” there is substituted “keep”.
(5) For sections 39 (production of extracts by photography etc.) and 40 (abbreviated certificates of birth) there are substituted the following sections—
(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.
(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.
(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(3) 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.
Local Electoral Administration and Registration Services (Scotland) Act 2006