{
  "url": "https://openlegislation.uk/registration-of-births-deaths-and-marriages-scotland-act-1965/section-16",
  "json_url": "https://openlegislation.uk/registration-of-births-deaths-and-marriages-scotland-act-1965/section-16.json",
  "legislation": "ukpga/1965/49",
  "legislation_title": "Registration of Births, Deaths and Marriages (Scotland) Act 1965",
  "legislation_url": "https://openlegislation.uk/registration-of-births-deaths-and-marriages-scotland-act-1965",
  "path": "section/16",
  "kind": "section",
  "number": "16",
  "heading": "Registrar’s power to require information concerning birth to be given.",
  "text": "(1) Where after the expiration of twenty-one days from the date of birth of any child information of the prescribed particulars concerning the birth of that child has not been given to the district registrar for a registration district in accordance with section 14 of this Act, the district registrar for the registration district in which the child was born may serve a notice in the prescribed form on any person who is a qualified informant in relation to the birth requiring him before such date (being not less than 8 days and not more than 15 days after the date of service of the notice) as may be specified in the notice—\n(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) to give information to the best of that person’s knowledge and belief of the particulars required to be registered concerning the birth in one of the following ways—\n(i) by attending personally at the registration office for that district and giving the information to the registrar there; or\n(ii) in a manner permitted in the circumstances (or any circumstances) by a direction under section 14(1A)(b) or (c); and\n(c) to either—\n(i) attest, in the prescribed manner, the birth registration form concerning the birth in the presence of the registrar; or\n(ii) provide the registrar with any information the registrar requests in order for the registrar to attest the form, in a manner approved by the Registrar General, on the person’s behalf.\n(2) If any person on whom a notice has been served in pursuance of the foregoing subsection fails to comply with the notice before the date specified therein the said registrar may serve on that person a second notice in the prescribed form requiring the person to do the things mentioned in subsection (1)(b) and (c) within eight days from the date of service of the second notice.\n(3) If on summary application by the said registrar it appears to the sheriff that any person on whom a second notice has been served in pursuance of the last foregoing subsection has failed without reasonable cause to comply therewith within the period specified therein, the sheriff may grant decree ordaining the person to comply with the notice within such further period as may be specified in the decree; and any such decree may be enforced in like manner as a decreead factum praestandum.\n(3A) Where there is a way for—\n(a) a person on whom a notice under subsection (1) or (2) is served (“the informant”) to give information of the prescribed particulars of a birth that does not entail the informant attending personally at a registration office, or\n(b) a birth registration form to be attested that does not entail the informant attesting it in the presence of a district registrar,\nit is for the informant to choose whether to give the information, or attest the form, that way.\n(4) Any notice served under subsection (1) or subsection (2) of this section shall cease to have effect if, before it is complied with, particulars of the birth are duly registered.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 16(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(5)(a)(i), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 16(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(5)(a)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in s. 16(1) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(5)(a)(iii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 16(1) inserted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(4)(a)(i), 59(2)(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "S. 16(1)(a) repealed (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(4)(a)(ii), 59(2)(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in s. 16(1)(b) inserted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(4)(a)(iii), 59(2)(b)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "S. 16(1)(c) substituted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(4)(a)(iv), 59(2)(b)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Word in s. 16(2) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(5)(b), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in s. 16(2) substituted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(4)(b), 59(2)(b)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Word in s. 16(3) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 39(5)(c), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2 (with art. 4)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "S. 16(3A) inserted (24.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 25(4)(c), 59(2)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1965/49/section/16",
    "retrieved_at": "2026-10-29T10:57:33.835387+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}