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      SCOTTISH STATUTORY INSTRUMENTS


      1999 No. 104

      REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC.

      The Registration of Births, Still-Births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1999

        Made 21st September 1999 
        Coming into force 1st January 2000 

      The Registrar General, in exercise of the powers conferred upon him by sections 13(1), 18(1), 21(2), 32(1), 54(1)(b) and 56 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965[1] and of all other powers enabling him in that behalf and with the approval of the Scottish Ministers under section 54 of that Act[2], hereby makes the following Regulations:

      Citation, commencement and interpretation
           1.  - (1) These Regulations may be cited as the Registration of Births, Still-Births, Deaths and Marriages (Prescription of Forms) (Scotland) Amendment Regulations 1999 and shall come into force on 1st January 2000.

          (2) In these Regulations, "the principal Regulations" means the Registration of Births, Still-Births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997[
      3].

      Amendment of the principal Regulations
           2. For the form set out in Schedule 2 to the principal Regulations there shall be substituted the form set out in Schedule 1 to these Regulations.

          
      3. For the form set out in Schedule 6 to the principal Regulations there shall be substituted the form set out in Schedule 2 to these Regulations.

          
      4. For the form set out in Schedule 21 to the principal Regulations there shall be substituted the form set out in Schedule 3 to these Regulations.

          
      5. For the form set out in Schedule 22 to the principal Regulations there shall be substituted the form set out in Schedule 4 to these Regulations.


      J N RANDALL
      Registrar General for Scotland

      New Register House, Edinburgh
      16th September 1999



      Approved by the Scottish Ministers


      JIM WALLACE
      A member of the Scottish Executive

      St Andrew's House, Edinburgh
      21st September 1999



      SCHEDULE 1
      Regulation 2


      (Section 13(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965)




      SCHEDULE 2
      Regulation 3





      The doctor/midwife has given you this form so that you can arrange for the still-birth to be registered. Once the still-birth is registered, the local registrar will keep this form, but can, with the Registrar General's authority, issue extracts of the entry in the register of still-births.

      Who should tell the local registrar about the still-birth
      One of the following people must go to the registration office and tell the local registrar about the still-birth: - 

    • the father, or

    • the mother,

      or in the case of the death or inability of the father and mother any of the following: - 

    • a relative of either parent being a relative who has knowledge of the still-birth

    • the occupier of the premises in which the child was, to the knowledge of that occupier, still-born,

    • a person present at the still-birth

      In this context "father" and "parent" do not include a father who is not married to the mother and has not been married to her since the child's conception.

      Where to take the form
      In Scotland, a still-birth may be registered: - 

    • either in the registration district where it takes place,

    • or in the registration district where the mother lived (the district of "usual residence").

      Usual residence means the parental home and not an address such as a holiday address where the mother might have been staying at the time of the still-birth.

      If you need advice about what to do with the form, please telephone any local registrar in Scotland (see 'Registration of Births, Deaths and Marriages' in the telephone book).



      SCHEDULE 3
      Regulation 4, Form 26





      SCHEDULE 4
      Regulation 5, Form 27





      EXPLANATORY NOTE

      (This note is not part of the Regulations)

      These regulations amend the Registration of Births, Still-Births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997.

      A revised certificate of still-birth is substituted to enable more detail to be provided about the sequence of events leading to death and contains minor drafting amendments (regulation 3). The stillbirth register page is substituted as a consequence of the changes made to the certificate of stillbirth (regulation 2).

      A revised declaration by the mother of a child (regulation 4) and declaration by the father of a child (regulation 5) are substituted to remove the reference to the parents not being married to each other

      [1] 1965, c.49; section 18 was amended by paragraphs 8(2) and (3) of Schedule 1 to the Law Reform (Parent and Child) (Scotland) Act 1986 (c.9); section 32(1) was amended by the Marriage (Scotland) Act 1977 (c.15), Schedule 2, paragraph 8; section 56 contains a definition of "prescribed" relevant to the exercise of statutory powers under which these Regulations are made.back

      [2] The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

      [3] S.I.1997/2348, amended by S.I.1998/2285back


      ISBN 0 11 059181 X


 



© Crown copyright 1999
Prepared 1 November 1999
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