Office of Public Sector Information
PART 2 continued
(1) In section 10B of the Savings Bank Act 1887 (c. 40) (civil partnership certificates: Scotland), in subsection (2), after “Scotland” there is inserted “and on payment of the sum of £8.50”.
(2) In section 124B of the Social Security Administration Act 1992 (c. 5) (provisions relating to civil partnership: Scotland), after “behalf,” there is inserted “and on payment of the sum of £8.50,”.
(3) In Schedule 3 to the Public Expenditure and Receipts Act 1968 (c. 14)—
(a) in the entry for the Savings Bank Act 1887, for “section 10” there is inserted “sections 10 and 10B(2)”; and
(b) in the entry for the Social Security Administration Act 1992, for “section 124(3)” there is inserted “sections 124(3) and 124B(1)”.
(1) The Registrar General is to keep a register to be known as the Book of Scottish Connections (“the BSC”) for the purpose of recording, in accordance with subsection (6), qualifying events.
(2) The following events are qualifying events—
(a) a person’s birth, where—
(i) the birth occurred outside Scotland; and
(ii) the person falls within subsection (4);
(b) a person’s death, where—
(i) the death occurred outside Scotland; and
(ii) the person falls within subsection (4) or (5);
(c) a marriage, where—
(i) the marriage occurred outside Scotland; and
(ii) at least one of the parties falls within subsection (4) or (5);
(d) the formation in a part of the United Kingdom other than Scotland, of a civil partnership, where at least one of the parties falls within subsection (4) or (5);
(e) the entering into of an overseas relationship, where at least one of the parties falls within subsection (4) or (5);
(f) a divorce or dissolution of a civil partnership (formed in any part of the United Kingdom) or overseas relationship, where—
(i) the divorce or dissolution occurred outside Scotland; and
(ii) at least one of the parties to the divorce or dissolution falls within subsection (4) or (5).
(3) In subsection (2)—
(a) a reference to an event occurring outside Scotland is a reference to its occurring in any other part of the United Kingdom or elsewhere; and
(b) “overseas relationship” has the meaning given by section 212 of the 2004 Act.
(4) A person falls within this subsection if—
(a) one of the person’s parents or grandparents was born in Scotland; or
(b) there is an entry in the BSC in respect of any event relating to one of the person’s parents or grandparents.
(5) A person falls within this subsection if—
(a) the person was born in Scotland; or
(b) the person was normally resident in Scotland at the time of the event.
(6) The Registrar General is to make an entry in the BSC in respect of a qualifying event where—
(a) an application has been made for the recording of the event;
(b) the application is in the prescribed form;
(c) such fees as may be prescribed are paid;
(d) such documents as may be prescribed are submitted; and
(e) the Registrar General considers it appropriate to do so.
(1) The BSC is to be kept in such form as the Registrar General determines.
(2) An entry in the BSC is to be in such form as may be prescribed.
(3) Each entry in the BSC is to be included in an index maintained by the Registrar General (“the BSC index”).
(4) The BSC index is to be kept in such form as the Registrar General determines.
(5) The Registrar General may delete or amend any entry in the BSC or substitute another for it.
(6) Where a person pays such fee as may be prescribed, the Registrar General is, if the General Register Office is open for the purpose, to—
(a) search (or permit the person to search) the BSC index; and
(b) issue to the person a copy of an entry in the BSC.
(7) The Registrar General is to make arrangements for the district registrar for each registration district to have access to—
(a) a copy of such of, or such parts of, the BSC as the Registrar General may determine; and
(b) an index of that material.
(8) For the purposes of subsection (7)—
(a) a copy is to be made by such means as the Registrar General may determine; and
(b) different arrangements and determinations may be made in respect of different registration districts.
(9) Where a person pays such fee as may be prescribed, the district registrar for a registration district is, if the part of the registration office concerned is open for the purpose, to—
(a) search (or permit the person to search) the index to which the registrar has access by virtue of subsection (7)(b); and
(b) issue to the person a copy or extract of any of the material so indexed.
(1) The Registrar General may provide any information contained in a register mentioned in subsection (2) to any public body or office-holder (in Scotland, in any other part of the United Kingdom or in a country or territory outside the United Kingdom).
(2) Those registers are—
(a) a register of births, still-births, deaths or marriages transmitted to the Registrar General under the 1965 Act or any enactment repealed by that Act;
(b) a Register of Corrections Etc. or a civil partnership register transmitted to the Registrar General under the 1965 Act;
(c) the Register of Divorces;
(d) the Register of Dissolutions of Civil Partnership.
(3) The Registrar General may charge for the provision of information under this section.
(1) The Registrar General may, for the purposes of facilitating the carrying out of the functions of Health Boards, the Common Services Agency and local authorities, create and maintain, using the information mentioned in subsection (2), a register of individuals.
(2) That information is—
(a) information contained in—
(i) the registers of births and deaths transmitted to the Registrar General under the 1965 Act;
(ii) the Adopted Children Register;
(b) such information as the Registrar General may direct a Health Board or the Common Services Agency to provide for the purposes of the creation and maintenance of the register referred to in subsection (1);
(c) information contained in a register of births, deaths or adoptions held by the Registrar General for England and Wales;
(d) information contained in a register held by a Minister of the Crown or a government department which is a register of individuals which exists for the same purpose as, or a similar purpose to, a register created under subsection (1);
(e) information contained in a register held by the Northern Ireland Central Services Agency for the Health and Social Services which is a register of individuals which exists for the same purpose as, or a similar purpose to, a register created under subsection (1);
(f) such other information held by such persons, or persons within such descriptions, or contained in such places as may be prescribed.
(3) An entry in a register created under subsection (1) may contain only the following information—
(a) the person’s name and surname and any previous names or surnames;
(b) the person’s sex;
(c) the person’s date of birth;
(d) a reference code indicating the Health Board which made the arrangements in consequence of which the person is presently provided with primary medical services (that expression being construed in accordance with the National Health Service (Scotland) Act 1978 (c. 29));
(e) a reference code indicating any Health Board which made arrangements in consequence of which the person was previously provided with such services;
(f) a reference code indicating any body having, or having had, for an area in England or Wales, functions the same as, or similar to, those of a Health Board, in whose area is, or was, situated—
(i) any general medical practitioner practice with which the person was previously registered; or
(ii) the premises whose address was recorded for the purposes of such a registration as being the person’s home address;
(g) a reference code indicating that the person was previously registered with a general medical practitioner practice in Northern Ireland;
(h) such reference numbers relating uniquely to the person as the Registrar General may determine; and
(i) such other information about the person as may be prescribed.
(4) The Registrar General may provide to Health Boards, the Common Services Agency, local authorities or such persons, or persons within such descriptions, as may be prescribed such information from a register created under subsection (1) as may, in accordance with regulations under subsection (6), be provided.
(5) The purposes for which information may be provided under subsection (4) are not limited to those referred to in subsection (1).
(6) The information which may be, or must not be, provided under subsection (4) to such recipients as are prescribed in relation to that information must be prescribed.
(7) In subsection (6), references to information include references to information of prescribed kinds, and the reference to recipients includes a reference to recipients of prescribed descriptions.
(8) This section does not prejudice section 1(3) of the 1965 Act or section 56 of this Act.
(1) In this section, “the accessible material” means such of, or such parts of, the relevant material as the Registrar General may determine.
(2) In subsection (1), “the relevant material” means the documents kept or held by the Registrar General (whether by virtue of an enactment or otherwise) other than––
(a) a register of births, still-births, deaths or marriages transmitted to the Registrar General under the 1965 Act or any enactment repealed by that Act;
(b) a civil partnership register transmitted to the Registrar General under the 1965 Act;
(c) the Register of Divorces;
(d) the Register of Dissolutions of Civil Partnership;
(e) a parochial register;
(f) the Register of Corrections Etc.;
(g) the BSC;
(h) a register created under section 57(1);
(i) a document containing census information which is personal census information (“census information” and “personal census information” having the meanings given to those expressions by section 8(7) of the Census Act 1920 (c. 41));
(j) a document containing information obtained by virtue of the Population Statistics Act 1938 (c. 12);
(k) the Adopted Children Register or a register or book kept under section 45(4) of the Adoption (Scotland) Act 1978 (c. 28);
(l) the Gender Recognition Register.
(3) The Registrar General is to prepare and maintain an index of the accessible material.
(4) Subsection (3) does not prejudice any other power or duty of the Registrar General to prepare an index of any of the relevant material.
(5) Where a person pays such fee as may be prescribed, the Registrar General is, if the General Register Office is open for the purpose, to—
(a) search the index maintained under subsection (3) (or permit the person to do so); and
(b) issue to the person a copy or extract of any of the material so indexed.
(6) The Registrar General is to make arrangements for the district registrar for each registration district to have access to—
(a) a copy of such of, or such parts of, the accessible material as may be prescribed; and
(b) an index of that material.
(7) For the purposes of subsection (6)—
(a) a copy is to be made by such means as the Registrar General may determine; and
(b) different arrangements and determinations may be made in respect of different registration districts.
(8) Where a person pays such fee as may be prescribed, the district registrar for a registration district is, if the part of the registration office concerned is open for the purpose, to—
(a) search (or permit the person to search) the index to which the registrar has access by virtue of subsection (6)(b); and
(b) issue to the person a copy of any of the material so indexed.
(1) In the 1965 Act—
(a) the proviso to section 7(7) is repealed; and
(b) in section 12 (fees: accounting of district registrars)—
(i) the word “and”, where secondly occurring, is repealed; and
(ii) after “1977” there is inserted “and Part 2 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14)”.
(2) In section 28 of the Local Government (Scotland) Act 1973 (c. 65) (supplementary), subsection (3) is repealed.
(3) In section 51 of the Local Government etc. (Scotland) Act 1994 (c. 39) (registration of births, deaths and marriages), subsection (2) is repealed.
(4) In section 21 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (procedure for marriage in Scotland of person subject to immigration control), in subsection (4)(a), for “which accompanied them” there is substituted “submitted in pursuance of section 3 of the Marriage (Scotland) Act 1977 (c. 15) in relation to the marriage”.
(5) In Schedule 23 to the 2004 Act (immigration control and formation of civil partnerships), in paragraph 10(2)(a), for “certificate or declaration which accompanied them” there is substituted “paid, or any certificate or declaration submitted, in pursuance of section 88 in relation to the proposed civil partnership”.
(1) In this Part—
“prescribed” means prescribed by regulations made by the Registrar General with the approval of the Scottish Ministers;
“the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49);
“the 1977 Act” means the Marriage (Scotland) Act 1977 (c. 15); and
“the 2004 Act” means the Civil Partnership Act 2004 (c. 33).
(2) Subject to subsection (1), any word or expression used in this Part which is also used in the 1965 Act has the same meaning for the purposes of this Part as it has for the purposes of that Act.
Local Electoral Administration and Registration Services (Scotland) Act 2006