# Children (Scotland) Act 1995, 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;”

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Source: https://www.legislation.gov.uk/ukpga/1995/36/schedule/4/paragraph/12 (the official version)
Page: https://openlegislation.uk/children-scotland-act-1995/schedule-4/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

