Local Electoral Administration and Registration Services (Scotland) Act 2006

(2) Subject to subsection (3A) below, the district registrar for a registration district may correct a relevant error in an entry in a register of births, still-births, deaths or marriages kept or held by him. (3) In subsection (2) above, “relevant error” means— (a) in respect of an entry relating to a birth or death— (i) a clerical error arising from the faulty transcription of particulars provided by a qualified informant, or (ii) an error of such other description as may be prescribed, and (b) in respect of an entry relating to a marriage— (i) a clerical error arising from the faulty transcription of particulars from a Marriage Schedule, or (ii) an error of such other description as may be prescribed. (3A) Subsection (2) above does not apply if the entry is in a part which has been examined under section 34 of this Act.

.

• (3) Section 45 (correction of errors in parochial registers) is amended as follows—

• (a) the existing provision becomes subsection (1) of that section; and

• (b) after that subsection there is inserted—

(2) The reference in subsection (1) above to written evidence includes evidence which is submitted by electronic means if it is received in a form which is legible and capable of being used for subsequent reference.

.

Recording change of name or surname

46

In section 43 of the 1965 Act (recording of baptismal name or change of name or surname)—

• (a) in subsection (3)—

• (i) the words from “upon” to “applicant” are repealed;

• (ii) after “shall” there is inserted “ , where, within two years from the date of the birth of the child, an application in the prescribed form is made to the Registrar General in respect of that matter by the qualified applicant, ”; and

• (iii) for “certificate”, where secondly occurring, there is substituted “ application ”; and

• (b) in each of subsections (4) and (5), the following are repealed—

• (i) paragraph (a);

• (ii) the word “and” where it occurs immediately after that paragraph; and

• (iii) paragraph (b).

Other amendments of the 1965 Act

Other amendments of the 1965 Act

47

• (1) The 1965 Act is amended in accordance with subsections (2) and (3).

• (2) In section 53 (offences), in subsection (1)(a), after “registrar” there is inserted “ or the Registrar General ”.

• (3) After section 54 there is inserted—

(54A) (1) Regulations prescribing the form of a document may, unless the document requires to be signed, make provision for the document to be electronic rather than paper-based. (2) Regulations prescribing the manner in which a document requires to be attested may make different provision for different cases or circumstances.

.

Marriages and civil partnerships: procedure

Marriage procedure: marriages at sea

48

• (1) The 1977 Act is amended in accordance with subsections (2) to (9).

• (2) In section 3 (submission of notice of intention to marry), after subsection (5) there is inserted—

(6) In this section, “the district registrar” means— (a) where the marriage is to be solemnised in a registration district, the district registrar for that district; (b) where the marriage is to be solemnised in Scottish waters— (i) in the case where the marriage is to be solemnised by an approved celebrant, the district registrar for any registration district; (ii) in the case where the marriage is to be solemnised by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.

.

• (3) In section 4 (marriage notice book and list of intended marriages), after subsection (4) (as inserted by section 49(b)) there is inserted—

(5) In this section and sections 5 and 6 of this Act, “the district registrar” means— (a) where the marriage is to be solemnised in a registration district, the district registrar for that district; (b) where the marriage is to be solemnised in Scottish waters— (i) in the case where the marriage is to be solemnised by an approved celebrant, the district registrar to whom the marriage notices or approved certificates in respect of the marriage were submitted; (ii) in the case where the marriage is to be solemnised by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.

.

• (4) In section 6 (issuing of Marriage Schedule), in subsection (7)—

• (a) after “district”, where first occurring, there is inserted “ , is in Scottish waters instead of a registration district or is in a registration district instead of Scottish waters ”; and

• (b) in paragraph (a), the words “for the district in which the marriage is to be solemnised” are repealed.

• (5) In section 15 (registration of religious marriage), after subsection (4) there is inserted—

(5) In this section and section 16 of this Act, “the district registrar” means— (a) where the marriage has been solemnised in a registration district, the district registrar for that district; (b) where the marriage has been solemnised in Scottish waters, the district registrar who issued the Marriage Schedule in respect of the marriage.

.

• (6) In section 18 (places at which civil marriages may be solemnised)—

• (a) in subsection (1)—

• (i) at the end of paragraph (a), “or” is repealed; and

• (ii) at the end of paragraph (b), there is inserted

; or (c) on or in an approved vessel, while in Scottish waters.

; and

• (b) after subsection (6) there is inserted—

(7) For the purposes of this section, “approved vessel” means a vessel approved by virtue of regulations made under section 18A of this Act, by the home local authority. (8) In subsection (7) above, the “home local authority” means the local authority which is the local registration authority for the authorised registrar's registration district.

.

• (7) In section 18A (approved places regulations)—

• (a) in subsection (1)—

• (i) the words “of places in their areas in which civil marriages may be solemnised” become paragraph (a); and

• (ii) at the end of that paragraph there is inserted

; or (b) of vessels on or in which, while they are in Scottish waters, their authorised registrars may solemnise marriages. (1A) For the purposes of subsection (1)(b) above, a local authority's authorised registrars are the authorised registrars for whose registration district the local authority is the local registration authority.

;

• (b) in subsection (2)—

• (i) in paragraph (a), after “place” there is inserted “ or vessel ”;

• (ii) in paragraph (c), after “places” there is inserted “ or vessels ”;

• (iii) in paragraph (f)(i), after “places” there is inserted “ or vessels ”; and

• (iv) in paragraph (j), after “places” there is inserted “ and vessels ”; and

• (c) in subsection (9), for the words from the beginning to “instrument”, where secondly occurring, there is substituted “ Subject to subsection (10) below, a statutory instrument containing regulations made under subsection (1) above ”.

• (8) In section 19 (registration of civil marriage)—

• (a) for paragraphs (a) and (b) of subsection (4) there are substituted—

(a) in a case where the marriage has been solemnised by the authorised registrar— (i) in his registration office; (ii) in any such place as is mentioned in section 18(3) of this Act; (iii) at an approved place in his district; or (iv) in or on an approved vessel in Scottish waters, that authorised registrar;” (b) in a case where the marriage has been solemnised by the authorised registrar— (i) in the registration office of another authorised registrar; or (ii) at an approved place in the district of another authorised registrar, that other authorised registrar,

; and

• (b) after subsection (4) there is inserted—

(5) In this section, “approved place” and “approved vessel” have the meanings given to those expressions, respectively, by subsections (6) and (7) of section 18 of this Act.

.

• (9) In section 26 (interpretation)—

• (a) in subsection (1), for “subsection (2)” there is substituted “ subsections (2) and (2A) ”;

• (b) in subsection (2)—

• (i) the definition of “district registrar” is repealed; and

• (ii) after the definition of “religious body” there are inserted the following definitions—

“Scottish waters” means the area comprising such of the internal waters and territorial sea of the United Kingdom as are within Scotland (“Scotland” having the meaning given by section 126(1) and (2) of the Scotland Act 1998 (c. 46)), other than any area which is part of a registration district; “vessel” includes any— (a) vehicle; or (b) other structure.

;

• (c) after subsection (2) there is inserted—

(2A) For the purposes of this Act— (a) the seaward boundary of a registration district which extends into the sea shall, subject to paragraph (b) below, be the low water mark of the ordinary spring tide; (b) a vessel which is below the low water mark of the ordinary spring tide is to be regarded as within a registration district if it is— (i) positioned adjacent to land which is within the district; (ii) affixed to the land for the purpose of maintaining its position; and (iii) so positioned for the purpose of enabling access to and from the land; (c) a jetty or similar structure which is partly above the low water mark of the ordinary spring tide and partly below that mark is to be regarded as being wholly above that mark.

.

Marriage procedure: miscellaneous amendments

49

In section 4 of the 1977 Act (notice of intended marriages)—

• (a) for subsection (2) there is substituted—

(2) The district registrar shall maintain a list of the intended marriages in respect of which he has received a marriage notice or an approved certificate (the “district list”). (2A) Subject to subsection (2B) below, the district list shall be displayed in a conspicuous place at the registration office. (2B) If the registration office comprises more than one set of premises, it shall be sufficient for the purpose of subsection (2A) above if the district registrar displays the list in a conspicuous place at the principal premises only. (2C) The district registrar shall, as soon as practicable after he has received a marriage notice or an approved certificate in relation to an intended marriage— (a) make an entry in the district list containing the relevant particulars of the marriage; and (b) provide (in such form and by such means as the Registrar General thinks fit) the relevant particulars of the marriage to the Registrar General. (2D) The Registrar General shall maintain a list of proposed marriages in Scotland (the “Scottish list”). (2E) The Registrar General shall make the Scottish list available for public inspection (at such locations, by such means and in such forms as the Registrar General thinks fit). (2F) The Registrar General shall, as soon as practicable after the relevant particulars of a marriage are provided to him under subsection (2C)(b) above, make an entry in the Scottish list containing those particulars. (2G) An entry in a district list or the Scottish list shall remain in that list until the proposed date of the marriage to which it relates has elapsed.

; and

• (b) after subsection (3) there is inserted—

(4) For the purpose of this section, the relevant particulars of a marriage are such particulars, extracted from the marriage notice book, as may be prescribed.

.

Marriage procedure: electronic communications

50

• (1) The 1977 Act is amended in accordance with subsections (2) to (10).

• (2) In section 3 (submission of notice of intention to marry)—

• (a) in subsection (1), for “accompanied by” there is substituted “ and ”;

• (b) in subsection (3), for “attach to that document” there is substituted “ also submit ”; and

• (c) after subsection (3), there is inserted—

(3A) A person submitting a notice under subsection (1) above shall make and attest in the prescribed manner the necessary declaration (the form for which shall be included in any form prescribed for the notice). (3B) The necessary declaration is a declaration that the person submitting the notice believes that the parties to the marriage are eligible to be married to each other.

.

• (3) In section 5 (objections to marriage)—

• (a) in subsection (1)—

• (i) for “be accompanied by” there is substituted “ not be treated as submitted until there has also been produced to the registrar ”; and

• (ii) for “signed” there is substituted “ attested in the prescribed manner ”; and

• (b) after subsection (1) (submission in writing of objection to marriage) there is inserted—

(1A) For the purpose of subsection (1) above, an objection which is submitted to the registrar by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

.

• (4) In section 6 (issuing of Marriage Schedule), after subsection (4) there is inserted—

(4A) For the purpose of subsection (4)(a)(i) above, a request which is made by electronic means is to be treated as being written if it is received in a form which is legible and capable of being used for subsequent reference.

.

• (5) In section 7 (marriage outside Scotland where a party resides in Scotland), after subsection (3) there is inserted—

(4) For the purpose of subsection (3) above, an objection which is submitted by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

.

• (6) In section 9 (registration of nominated persons as celebrants), after subsection (5) there is inserted—

(5A) For the purpose of subsection (5)(b) above, notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

.

• (7) In section 10 (removal of celebrant's name from register), after subsection (2) there is inserted—

(2A) For the purpose of subsection (2) above, notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

.

• (8) In section 12 (temporary authorisation of celebrants)—

• (a) the existing section becomes subsection (1) of that section; and

• (b) after that subsection there is inserted—

(2) For the purpose of subsection (1) above, an authorisation which is issued by electronic means is to be treated as written if it is received in a form which is legible and capable of being used for subsequent reference.

.

• (9) In section 19 (marriage ceremony and registration of marriage), after subsection (1) there is inserted—

(1A) For the purpose of subsection (1) above, a request which is made by electronic means is to be treated as written if it is received in a form which is legible and capable of being used for subsequent reference.

.

• (10) After section 24 there is inserted—

(24A) (1) Regulations prescribing the form of a document may, unless the document requires to be signed, make provision for the document to be electronic rather than paper-based. (2) Regulations prescribing the manner in which a document requires to be attested may make different provision for different cases or circumstances.

.

Civil partnership procedure: registrations at sea

51

In section 93 of the 2004 Act (place of registration)—

• (a) in subsection (2), for the words from “outwith” to the end there is substituted

— (a) in a registration district other than that of the authorised registrar carrying out the registration, or (b) in or on Scottish Waters.

; and

• (b) after subsection (4) there is inserted—

(5) “Scottish Waters” has the meaning given by section 26(2) of the Marriage (Scotland) Act 1977 (c. 15).

.

Civil partnership procedure: miscellaneous amendments

52

• (1) The 2004 Act is amended in accordance with subsections (2) to (7).

• (2) In section 88 (notice of proposed civil partnership)—

• (a) in subsection (1), the words “and accompanied by the prescribed fee” are omitted;

• (b) in subsection (2), for the words from the beginning, to the end of paragraph (a), there is substituted—

Each of the intended civil partners must also pay the prescribed fee and submit the following documents— (a) that person's birth certificate,

;

• (c) in subsection (5), for “sign” there is substituted “ attest in the prescribed manner ”; and

• (d) after subsection (5) there is inserted—

(5A) Regulations prescribing the form of the notice of proposed civil partnership may make provision for the notice to be electronic rather than paper-based.

.

• (3) In section 90 (publicisation of proposed civil partnership), in subsection (1)—

• (a) for “submitted to” there is substituted “ received by ”;

• (b) for “the day on which they are submitted” there is substituted “ such receipt ”;

• (c) for “submitted”, where thirdly occurring, there is substituted “ received ”; and

• (d) for “the day on which the first is submitted” there is substituted “ the first is received ”.

• (4) In section 92 (objections to registration)—

• (a) after subsection (1) there is inserted—

(1A) For the purpose of subsection (1), an objection which is submitted to the registrar by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

; and

• (b) in subsection (2)—

• (i) for “be accompanied by” there is substituted “ not be treated as submitted until there has also been produced to the registrar ”; and

• (ii) for “signed” there is substituted “ attested in the prescribed manner ”.

• (5) After section 95 there is inserted—

(95A) (1) Subsection (2) applies where the particulars set out in a civil partnership schedule signed in accordance with section 85 are entered in the civil partnership register in pursuance of section 95(2). (2) The validity of the registration as civil partners to which the schedule relates is not to be questioned in any legal proceedings on the ground of failure to comply with a requirement or restriction imposed by or under this Part. (3) Subsection (2)— (a) is subject to section 85(2), and (b) does not prejudice section 100.

.

• (6) For section 98 (application of certain sections of 1965 Act to civil partnership register) there is substituted—

(98) (1) The following sections of the 1965 Act apply in relation to the civil partnership register as they apply in relation to the registers of births, marriages and deaths— (a) section 34 (examination and transmission of registers), (b) section 38(1) and (2) (search of indexes kept by Registrar General), (c) section 39C (provision of information to district registrars), and (d) section 44 (Register of Corrections Etc.). (2) Section 39A of the 1965 Act (notice of registration events to third parties) applies in relation to a civil partnership as it applies in relation to a marriage. (3) In that application, the reference in section 39A(2)(c) to the marriage having been registered in accordance with section 15 or 19 of the Marriage (Scotland) Act 1977 (c. 15) is to be read as a reference to the particulars of the formation of the civil partnership having been entered in the civil partnership register under section 95(2) of this Act.

.

• (7) In section 122 (registration of dissolution of civil partnership), after subsection (6) there is inserted—

(7) Section 39C of the 1965 Act applies in relation to the Register of Dissolutions of Civil Partnership as it applies in relation to the Register of Divorces.

.

Provision of information about civil partnerships for certain purposes: fees

53

• (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) ”.

Recording of events relating to persons outwith Scotland

Recording of certain events in Book of Scottish Connections

54

• (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.

Keeping of, and access to, the Book of Scottish Connections

55

• (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.

Other provisions about information held by Registrar General

Provision of registration information to public bodies and office-holders

56

• (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.

Keeping of central register for health and local authority purposes

57

• (1) The Registrar General may, for the purposes of facilitating the carrying out of the functions of Health Boards, Public Health Scotland, 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, Public Health Scotland 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 or an NHS body 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.

• (2A) In subsection (2)(d), “NHS body” has the same meaning as it has ... in the National Health Service Act 2006 (c. 41).

• (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.

Issuing of other material kept or held by Registrar General

58

• (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 maintained under section 53(1) of the Adoption and Children (Scotland) Act 2007 (asp4) or any register or book maintained in pursuance of section 55(1) of that Act ;

• (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.

General

Part 2: minor and consequential modifications

59

• (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 ”.

Interpretation of Part 2

60

• (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.

Part 3 — General

Orders and regulations

61

• (1) Any power conferred by this Act to make an order or regulations is exercisable by statutory instrument.

• (2) Orders and regulations under this Act may make—

• (a) different provision for different purposes; and

• (b) supplemental, incidental, consequential, transitory, transitional or saving provision.

• (3) Subject to subsections (4) to (6), a statutory instrument containing an order or regulations made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (4) The following orders and regulations are not to be made unless a draft of the statutory instrument containing the order or regulations has been laid before and approved by the Scottish Parliament—

• (a) regulations under section 5(2)(b), (4), (5) or (8); or

• (b) an order under section 62(1)(a) containing provision which adds to, replaces or omits any part of the text of an Act.

• (5) Subsection (3) does not apply to an order containing provision under section 7(9) if a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Parliament.

• (6) Subsection (3) does not apply to an order under section 63(2).

Ancillary provision

62

• (1) The Scottish Ministers may by order—

• (a) make supplemental, incidental or consequential provision for the purposes of, for giving full effect to, or in consequence of, any provision of this Act;

• (b) make provision for transitory, transitional or savings purposes in connection with the coming into force of any provision of this Act.

• (2) An order under subsection (1)(a) may modify any enactment.

Short title and commencement

63

• (1) This Act may be cited as the Local Electoral Administration and Registration Services (Scotland) Act 2006.

• (2) Except this section and sections 61 and 62, this Act comes into force in accordance with provision made by order by the Scottish Ministers.

SCHEDULE 1

SCHEDULE 2

Representation of the People Act 1983 (c. 2)

1

The 1983 Act is amended as follows.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In section 73(5)(d) (payment of expenses through election agent), for “section 90A(5)(b)” substitute “ section 90ZB(7) ”.

4

In section 74A (expenses which may be paid otherwise than by election agent)—

• (a) in subsection (1)(b), for “section 90A(1)” substitute “ section 90ZB(2) ”,

• (b) in subsection (2), the words “(determined in accordance with section 90B below)” are repealed,

• (c) in subsection (3), for “sections 90A to” substitute “ section 90ZB and ”.

5

In section 76A(2) (application of power to vary provisions about election expenses)—

• (a) the word “or” immediately following paragraph (c) is repealed,

• (b) after paragraph (c) insert—

(ca) section 75A(5) above; or

.

6

In section 81 (return as to election expenses)—

• (a) in subsection (2)(c), after “section 75(2)” insert “ or 75A(6) ”,

• (b) in subsection (9)—

• (i) for “subsection (3)” substitute “ subsection (4A) ”, and

• (ii) the words “of each such matter” are repealed.

7

In section 89 (inspection of returns and declarations)—

• (a) in subsection (1), after “section 75,” insert “ 75A, ”,

• (b) in subsection (3), after “section 75” insert “ or 75A ”.

8

In section 90C(2) (property, goods, services etc. provided free of charge or at a discount), for “section 90A(3)” substitute “ section 90ZB(4) ”.

9

In section 118 (interpretation of Part 2), in the definition of “election expenses” for “sections 90A” substitute “ sections 90ZB ”.

10

In section 129(7)(b) (time for presentation or amendment of petition questioning local election), after “section 75” insert “ or 75A ”.

11

In section 168(1)(a)(i) (prosecution for corrupt practices), before “above” insert “ or 62B ”.

12

In section 179 (offences by associations), after “section 110” insert “ or 110A ”.

13

The amendments made by paragraphs 3, 4, 6(b), 8 and 9 apply to the 1983 Act only so far as it applies to a local government election in Scotland.

Scottish Local Government (Elections) Act 2002 (asp 1)

14

In section 5(4) of the Scottish Local Government (Elections) Act 2002, for “75(1)” substitute “ 75A(2) ”

Setting of performance standards

Return as to election expenses

Financial limits applying to candidates' election expenses

Return as to election expenses

Details to appear on election publications

Translations etc. of certain documents

Registration districts and authorities

Registration offices: opening times

Registration of still-births

Re-registration of births

Registration of deaths

Registers kept by district registrars

Indexing of registers and provision of registration information

Correction of errors in registers

Marriage procedure: marriages at sea

Marriage procedure: marriages at sea

Civil partnership procedure: registrations at sea

Civil partnership procedure: miscellaneous amendments

Provision of information about civil partnerships for certain purposes: fees

Recording of certain events in Book of Scottish Connections

Part 2: minor and consequential modifications

Orders and regulations

Orders and regulations

Representation of the People Act 1983 (c. 2)

Scottish Local Government (Elections) Act 2002 (asp 1)

Editorial notes

[^c20352441]: S. 4 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(a) (with transitional provisions in art. 3(2))

[^c20352451]: S. 5 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(b) (with transitional provisions in art. 3(2) and subject to art. 3(3))

[^c20352461]: S. 6 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(b) (with transitional provisions in art. 3(2))

[^c20352471]: S. 7 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(b) (with transitional provisions in art. 3(2))

[^c20352521]: S. 26 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(d) (with transitional provisions in art. 3(2))

[^c20352531]: S. 27 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(e) (with transitional provisions in art. 3(2))

[^c20352361]: S. 29 wholly in force at 29.1.2007, see s. 63(2) and S.S.I. 2007/26, art. 2(1)(j) (with transitional provisions in art. 2(2))

[^c20352541]: S. 31 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(f) (with transitional provisions in art. 3(2))

[^c20352551]: S. 32 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(g) (with transitional provisions in art. 3(2))

[^c20352381]: S. 34 wholly in force at 17.2.2007; s. 34 not in force at Royal Assent, see s. 63(2); s. 34(2)(3)(6) in force at 29.1.2007 and s. 34(1)(4)(5) in force at 17.2.2007 by S.S.I. 2007/26, arts. 2(1)(m), 3(1)(h) (with transitional provisions in art. 3(2))

[^c20352391]: S. 35 partly in force; s. 35 not in force at Royal Assent, see s. 63(2); s. 35 in force for certain purposes at 29.1.2007 by S.S.I. 2007/26, art. 2(1)(n)

[^c20075821]: S. 39 partly in force; s. 39 not in force at Royal Assent see s. 63(2); s. 39 in force for specified purposes at 1.10.2006 and s. 39(1) in force for further specified purposes and s. 39(2)(3)(c)(4)(5)(7)(8) in force at 1.1.2007 by S.S.I. 2006/469, arts. 2, 3 Schs. 1, 2 (with art. 4)

[^c20075841]: S. 40 wholly in force at 1.1.2007; s. 40 not in force at Royal Assent see s. 63(2); s. 40 in force for specified purposes at 1.10.2006 and s. 40 in force in so far as not already in force at 1.1.2007 by S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

[^c20075851]: S. 41 wholly in force at 1.1.2007; s. 41 not in force at Royal Assent see s. 63(2); s. 41(1) in force for specified purposes and s. 41(2)(a)(3) in force at 1.10.2006 and s. 41 in force in so far as not already in force at 1.1.2007 by S.S.I. 2006/469, arts 2, 3, Schs. 1, 2 (with art. 4)

[^c20075951]: S. 42 partly in force; s. 42 not in force at Royal Assent see s. 63(2); s. 42 in force for specified purposes at 1.10.2006 and s. 42(1) in force for further specified purposes and s. 42(2)(3)(a)(iii)(iv)(c)(4)(5)(7)(8) in force at 1.1.2007 by S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4); S. 42(1)(3)(b)(6) in force for specified purposes at 14.1.2008 by S.S.I. 2007/566, art. 2 (with art. 3)

[^c20075961]: S. 44 partly in force; s. 44 not in force at Royal Assent see s. 63(2); s. 44(1)(5)(6) in force for specified purposes and s. 44(3)(4) in force at 1.10.2006 and s. 44(1)(5) in force for further specified purposes and s. 44(2)(6)(7)(8) in so far as not already in force at 1.1.2007 by S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

[^c20075991]: S. 46 wholly in force at 1.1.2007; s. 46 not in force at Royal Assent see s. 63(2); s. 46 in force for specified purposes at 1.10.2006 and s. 46 in force in so far as not already in force at 1.1.2007 by S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

[^c20076001]: S. 47 wholly in force at 1.1.2007; s. 47 not in force at Royal Assent see s. 63(2); s. 47(1) in force for specified purposes and s. 47(3) in force at 1.10.2006 and s. 47 in force in so far as not already in force at 1.1.2007 by S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

[^c20076011]: S. 48 wholly in force at 1.1.2007; s. 48 not in force at Royal Assent see s. 63(2); s. 48(1) in force for specified purposes and s. 48(7)(9)(a)(b)(ii)(c) in force at 1.10.2006 and s. 48 in force in so far as not already in force at 1.1.2007 by S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

[^c20076021]: S. 49 wholly in force at 1.1.2007; s. 49 not in force at Royal Assent see s. 63(2); s. 49 in force for specified purposes at 1.10.2006 and s. 49 in force in so far as not already in force at 1.1.2007 by S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

[^c20076031]: S. 50 wholly in force at 1.1.2007; s. 50 not in force at Royal Assent see s. 63(2); s. 50(1)(2)-(9) in force for specified purposes and s. 50(10) in force at 1.10.2006 and s. 50 in force in so far as not already in force at 1.1.2007 by S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

[^c20076041]: S. 52 partly in force; s. 52 not in force at Royal Assent see s. 63(2); s. 52(1)(2)(a)-(c)(4)(6) in force for specified purposes and s. 52(2)(d)(3)(5)(7) in force at 1.10.2006 and s. 52(1)(6) in force for specified purposes and s. 52(2)(a)-(c)(4) in force in so far as not already in force at 1.1.2007 by S.S.I. 2006/469, art. 2, 3, Schs. 1, 2 (with art. 4)

[^c20076081]: S. 54 wholly in force at 5.1.2009; s. 54 not in force at Royal Assent see s. 63(2); s. 54 in force for specified purposes at 1.10.2006 by S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4); s. 54 in force in so far as not already in force at 5.1.2009 by S.S.I. 2008/405, art. 2

[^c20076091]: S. 55 wholly in force at 5.1.2009; s. 55 not in force at Royal Assent see s. 63(2); s. 55 in force for specified purposes at 1.10.2006 by S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4); s. 55 in force in so far as not already in force at 5.1.2009 by S.S.I. 2008/405, art. 2

[^c20087441]: Words in s. 57(2)(d) inserted (1.4.2008) by Statistics and Registration Service Act 2007 (c. 18), ss. 60(2)(a), 74; S.I. 2008/839, art. 2

[^c20087461]: S. 57(2A) inserted (1.4.2008) by Statistics and Registration Service Act 2007 (c. 18), ss. 60(2)(b), 74; S.I. 2008/839, art. 2

[^c20076101]: S. 59 wholly in force at 1.1.2007; s. 59 not in force at Royal Assent see s. 63(2); s. 59(1)(b) in force at 1.10.2006 and s. 59 in force in so far as not already in force at 1.1.2007 by S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)

[^c20087101]: S. 63(2) power partly exercised: 1.10.2006 and 1.1.2007 appointed for specified provisions and purposes by {S.S.I. 2006/496}, arts. 2, 3, Schs. 1, 2 (with art. 4); 29.1.2007 and 17.2.2007 appointed for specified provisions and purposes by {S.S.I. 2007/26}, arts. 2(1), 3(1) (with transitional provisions in arts. 2(2), 3(2)(3)); 14.1.2008 appointed for specified provisions and purposes by {S.S.I. 2007/566}, art. 2 (with art. 3); 5.1.2009 appointed for specified provisions by {S.S.I. 2008/405}, art. 2; 22.1.2009 appointed for specified provisions by {S.S.I. 2009/2}, art. 2 (with art. 3)

[^c20352561]: Sch. 2 para. 1 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(i) (with transitional provisions in art. 3(2))

[^c20352581]: Sch. 2 para. 5 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(i) (with transitional provisions in art. 3(2))

[^c20352591]: Sch. 2 para. 7 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(i) (with transitional provisions in art. 3(2))

[^c20352601]: Sch. 2 para. 10 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(i) (with transitional provisions in art. 3(2))

[^c20352611]: Sch. 2 para. 12 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(i) (with transitional provisions in art. 3(2))

[^c20352621]: Sch. 2 para. 13 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(i) (with transitional provisions in art. 3(2))

[^c20352631]: Sch. 2 para. 14 wholly in force at 17.2.2007, see s. 63(2) and S.S.I. 2007/26, art. 3(1)(i) (with transitional provisions in art. 3(2))

[^key-c1f982783d15d2673074634ea4f4a697]: Words in s. 58(2)(k) substituted (27.1.2010) by The Adoption and Children (Scotland) Act 2007 (Modification of Enactments) Order 2010 (S.S.I. 2010/21), art. 1, sch. para. 7

[^key-cfe2585ba6997458c912655039d81a41]: S. 58(2)(k) modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 5, Sch. 4

[^key-245461822845959dc3f3e3826c6b3d7f]: Ss. 1-3 repealed (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 13(2), 21(1); S.S.I. 2011/277, art. 2(b)

[^key-1719c52675d799ef094d130a36ba00a7]: Ss. 8-11 repealed (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 11(7), 21(1); S.S.I. 2011/277, art. 2(b)

[^key-10b44016faae12ec6115958fc315d75f]: Sch. 2 para. 2 repealed (9.2.2012) by The Local Electoral Administration (Scotland) Act 2011 (Consequential Amendments) Order 2012 (S.S.I. 2012/31), arts. 2, 4

[^key-7a34b5e21c3f6f850e0489de7bc5a5f1]: S. 58(2)(k) modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 22

[^key-1140bada4e5b98c667511ddbcd5b72dc]: Words in s. 57(1) inserted (1.4.2020) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(3)(b), sch. 2 para. 5(2)(a) (with art. 4(4)(5))

[^key-9efe6afeff7134f00ef32b621db0032f]: Words in s. 57(2)(b) inserted (1.4.2020) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(3)(b), sch. 2 para. 5(2)(b) (with art. 4(4)(5))

[^key-708ab42cbe4a9539292688b73fccd3e1]: S. 17 in force at 28.9.2021 by S.S.I. 2021/314, art. 2 (with art. 3)

[^key-403c2bd38f32c081b24c4950dfd8f585]: Sch. 1 in force at 28.9.2021 by S.S.I. 2021/314, art. 2 (with art. 3)

[^key-baf4f75116e729cdb8b5d1d210463c3b]: S. 19 repealed (29.9.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 20(2), 35; S.S.I. 2021/311, reg. 2, sch. (with reg. 3)

[^key-e0b98f42e0773673692210abf25500b4]: Words in s. 57(2A) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 87(3)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-cf9e057b2255d23da1a100a90966abb8]: S. 39(3)(a)(b) in force at 24.9.2022 in so far as not already in force by S.S.I. 2022/266, art. 2(a)

[^key-b47f078c3459f0ec3eb230d84d01ff87]: S. 39(6) in force at 24.9.2022 for specified purposes by S.S.I. 2022/266, art. 2(b)

[^key-ba104c66b672bcb958c6aed13d8e40c1]: S. 39(1) in force at 24.9.2022 for specified purposes by S.S.I. 2022/266, art. 2(c)

[^key-ea09142cd3a8c6a717d2434a6a594266]: S. 42(3)(a)(i)(ii) in force at 24.9.2022 in so far as not already in force by S.S.I. 2022/266, art. 2(d)

[^key-a935c2d93a7910c6b189a51cafe4d13f]: S. 42(3)(b) in force at 24.9.2022 in so far as not already in force by S.S.I. 2022/266, art. 2(e)

[^key-5d48f6feb27b035aa7deab5d2c37065f]: S. 42(1) in force at 24.9.2022 for specified purposes by S.S.I. 2022/266, art. 2(f)

Setting of performance standards

Offences relating to applications for postal and proxy votes

Financial limits applying to candidates' election expenses

Details to appear on election publications

Translations etc. of certain documents

Part 1: minor and consequential modifications

Registration offices: opening times

Registration of still-births

Re-registration of births

Registration of deaths

Registers kept by district registrars

Indexing of registers and provision of registration information

Correction of errors in registers

Other amendments of the 1965 Act

Marriage procedure: miscellaneous amendments

Civil partnership procedure: registrations at sea

Civil partnership procedure: miscellaneous amendments

Provision of information about civil partnerships for certain purposes: fees

Recording of certain events in Book of Scottish Connections

Part 2: minor and consequential modifications

Interpretation of Part 2