Paragraph 12

(1)

The Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be amended in accordance with this paragraph.

(2)

In section 20(3)(a) (re-registration of birth of person under sixteen), for sub-paragraphs (i) and (ii) substitute “ , by any person (whether or not he has himself attained the age of sixteen years) having parental responsibilities in relation to that person; ”.

(3)

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

(a)

in subsection (3), the words from “In this” to the end shall cease to have effect;

(b)

in subsections (6)(a) and (7), for the words “the parent or guardian” substitute “ the qualified applicant ”;

(c)

after subsection (9) insert—

“(9A)
In this section “qualified applicant” means—
(a)
where only one parent has parental responsibilities in relation to the child, that parent;
(b)
where both parents have such responsibilities in relation to the child, both parents; and
(c)
where neither parent has such responsibilities, any other person who has such responsibilities.
(9B)
A person may be a qualified applicant for the purposes of this section whether or not he has attained the age of sixteen years”; and

(d)

subsection (10) shall cease to have effect.

(4)

In section 53(3)(c) (offence of failure by parent to give information concerning birth), after the word “fails” insert “ without reasonable excuse ”.

(5)

In section 56(1) (interpretation), after the definition of “parentage” insert—

““parental responsibilities” has the meaning given in section 1(3) of the Children (Scotland) Act 1995;”