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Statutory Instruments
1996 No. 574 (S.55)
REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC.
The Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 1996
Made
5th March 1996
Laid before Parliament
11th March 1996
Coming into force
1st April 1996
The Registrar General, in exercise of the powers conferred upon him by sections 28A(4), 38(2), 43(8), 47, 54(1) 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 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) Amendment Regulations 1996 and shall come into force on 1st April 1996.
Interpretation
2. In these Regulations-
"the principal Regulations" means the Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1993(2).
"the 1965 Act" means the Registration of Births, Deaths and Marriages (Scotland) Act 1965(3).
Amendment of the principal Regulations
3. At the end of regulation 5(c) of the principal Regulations the full stop shall be deleted and there shall be inserted the following:-
"; or
(d)the Registrar General has-
(i)received a notice concerning a death from a procurator-fiscal under section 28(1)(b) of the 1965 Act and has thereupon caused to be made such entry in the Register of Corrections Etc., as he thinks proper;
(ii)notified the person named as the informant in the relevant entry in the register of deaths, in writing, of the matters referred to in paragraph (d)(i) above;
(iii)received within one month of the date of receipt of such notification a request in writing from that person for an extract of the relevant entry in the register of deaths showing the annotation set out in the relative insertion in the Register of Corrections Etc."
4. In the entry numbered 11 in column 2 of Schedule 1 to the principal Regulations (general search in both the parochial registers and in the indexes to the statutory registers), there shall be substituted, for the words "(a) In a case" in that column to the end of that entry, (including the corresponding entries in columns 3 and 4 of that Schedule), the following entries(4):-
"(a)in a case where payment is made not less than 14 days in advance and a place is occupied in the limited amount of general search accommodation made available for reservation at this fee-
| 12.00 | 13.00 |
(b)in any other case-
| 9.00 | 10.00 |
| 16.00 | 17.00 |
| 60.00 | 65.00 |
| 200.00 | 220.00 |
| 455.00 | 500.00 |
| 1,350.00 | 1,350.00". |
5. In the entry numbered 12 in column 2 of Schedule 1 to the principal Regulations (Recording of name, or change of name or surname, or alternative name) there shall be substituted, for the words "Recording of name" in that column to the end of that entry (including the corresponding entries in columns 3 and 4 of that Schedule), the following entries(5)
| "Recording of name, or change of name or surname, or alternative name | 30.00 | 34.00". |
Revocation
6. Regulation 4 of the Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 1995(6) is hereby revoked.
James Meldrum
Registrar General
New Register House,
Edinburgh
1st March 1996
Approved by the Secretary of State
James Douglas Hamilton
Minister of State, Scottish Office
St Andrew's House,
Edinburgh
5th March 1996
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Regulations 1993 so as to prescribe a new circumstance in which the Registrar General can remit certain fees and to increase certain fees all with effect from 1st April 1996.
Regulation 3 provides that the Registrar General can remit a fee where he has (a) received a notice concerning a death from a procurator-fiscal, and caused to be made such entry in the Register of Corrections Etc., as he thinks proper; (b) notified the person named as the informant in the relevant entry in the register of deaths, in writing, of these matters; and (c) received within one month of the date of receipt of such notification a request in writing from that person for an extract of the relevant entry in the register of deaths showing the annotation set out in the relative insertion in the Register of Corrections Etc.
Regulation 4 increases the fees payable for an inclusive general search in the parochial registers and in the indexes to the statutory registers provided under the Registration of Births, Deaths and Marriages (Scotland) Act 1965 as follows:-
(a)in a case where payment is made not less than 14 days in advance the fee per day (or part) is increased from £12 to £13; and
(b)in any other case:-
(i)the fee per afternoon is increased from £9 to £10;
(ii)the fee per day is increased from £16 to £17;
(iii)the fee per week is increased from £60 to £65;
(iv)the fee per four weeks is increased from £200 to £220; and
(v)the fee per quarter is increased from £455 to £500.
As a consequence of this, regulation 4 of the Registration of Births, Deaths, Marriages and Divorces (Fees) (Scotland) Amendment Regulations 1995 is revoked.
Regulation 5 increases the fee for the recording of a name or change of name or surname, or alternative name from £30 to £34.
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.
The words from "(b) in any other case" in the entry numbered 11 in column 2 of Schedule 1 to the end of that entry (including the corresponding entries in columns 3 and 4 of that Schedule) were substituted by regulation 4 of S.I. 1995/646. The entries in column 3 of Schedule 1 to S.I. 1993/3153 as substituted by this regulation show the amounts which were payable under S.I. 1993/3153 before 1st April 1996.
The entry in column 3 of Schedule 1 to S.I. 1993/3153 as substituted by this regulation shows the amount which was payable under S.I. 1993/3153 before 1st April 1996.
S.I. 1995/646.