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Registration of Births, Deaths and Marriages (Scotland) Act 1965
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42 Correction of errors in registers.S
(1)No alteration shall be made in any register of births, still-births, deaths or marriages except as authorised by or under this or any other Act.
[F1(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.]
(4)The Registrar General may authorise district examiners to correct any such type of error as he may specify which they may discover in entries [F2in a register] during the course of their examination F3... under section 34 of this Act.
(5)The Registrar General may authorise the correction of any errors not dealt with under the preceding provisions of this section, by causing an appropriate entry to be made in the Register of Corrections Etc., and where the Registrar General refuses so to authorise such a correction the person who claims that an error has been made may appeal to the sheriff, whose decision in the matter shall be final.
Subordinate Legislation Made
P1S. 42 for previous exercises of this power see Index to Government Orders
Textual Amendments
F1S. 42(2)-(3A) substituted for s. 42(2)(3) (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 45(2), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)
F2Words in s. 42(4) inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 43(6)(a), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)
F3Words in s. 42(4) repealed (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 43(6)(b), 63(2); S.S.I. 2006/469, art. 2, Sch. 1 (with art. 4)
Modifications etc. (not altering text)
C1S. 42(1) applied (4.4.2005) by Gender Recognition Act 2004 (c. 7), s. 26, Sch. 3 para. 18; S.I. 2005/54, art. 2
C2S. 42(5) applied (4.4.2005) by Gender Recognition Act 2004 (c. 7), s. 26, Sch. 3 para. 18; S.I. 2005/54, art. 2
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