The Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994

Section 45

10.  Section 45(1) shall have effect as follows:–

“Parental Order Register

45.—(1) The Registrar General for Scotland shall maintain at the General Register Office a register, to be called the Parental Order Register, in which shall be made such entries as may be directed to be made therein by parental orders, but no other entries.

(2) An extract of any entry in the Parental Order Register maintained under this section, if purporting to be sealed or stamped with the seal of the General Register Office, shall, without any further or other proof of that entry, be received as evidence of the parental order to which it relates and, where the entry contains a record of the date of the birth or the country of the birth of the person who is the subject of the said parental order, shall also be received as aforesaid as evidence of that date or country.

(3) The Registrar General for Scotland shall cause an index of the Parental Order Register maintained under this section to be made and kept in the General Register Office; and the Registrar General for Scotland shall–

(a)cause a search to be made of that index on behalf of any person or permit that person to search the index himself, and

(b)issue to any person an extract of any entry in that register which that person may require,

in all respects upon and subject to the same terms, conditions and regulations as to payment of fees and otherwise as are applicable under the Registration of Births, Deaths and Marriages (Scotland) Act 1965(2) in respect of searches in other indexes kept in the General Register Office and in respect of the supply from that office of extracts of entries in the registers of births, deaths and marriages.

(4) The Registrar General for Scotland shall, in addition to the Parental Order Register and the index thereto, keep such other registers and books, and make such entries therein, as may be necessary to record and make traceable the connection between any entry in the register of births which has been marked “Parental Order” pursuant to paragraph 1 of Schedule 1 or any enactment at the time in force and any corresponding entry in the Parental Order Register maintained under this section.

(5) The registers and books kept under subsection (4) shall not be, nor shall any index thereof be, open to public inspection or search, nor, except under an order of the Court of Session or a sheriff, shall the Registrar General for Scotland furnish any information contained in or any copy or extract from any such registers or books to any person other than a person who is the subject of a parental order and who has attained the age of 17 years and to whom that information, copy or extract relates or a local authority or Board falling within subsection (6) or adoption society falling within paragraph (b) of subsection (6B), which is providing counselling for that person.

(6) Where the Registrar General for Scotland furnishes a person, who is the subject of a parental order, with information under subsection (5), he shall advise that person that counselling services are available–

(a)if the person is in Scotland–

(i)from the local authority in whose area he is living;

(ii)where the parental order relating to him was made in Scotland, from the local authority in whose area the court which made the order sat; or

(iii)from any other local authority in Scotland;

(b)if the person is in England and Wales–

(i)from the local authority in whose area he is living;

(ii)where the parental order relating to him was made in England and Wales, from the local authority in whose area the court which made the order sat; or

(iii)from any other local authority in England and Wales;

(c)if the person is in Northern Ireland–

(i)from the Board in whose area he is living;

(ii)where the parental order relating to him was made in Northern Ireland, from the Board in whose area the court which made the order sat; or

(iii)from any other Board.

(6A) Where a person, who is the subject of a parental order and who is in Scotland, is furnished with information under subsection (5), any body mentioned in subsection (6B) to which that person applies for counselling shall have a duty to provide counselling for him.

(6B) The bodies referred to in subsection (6A) are–

(a)any local authority falling within subsection (6)(a); and

(b)any adoption society approved under section 3 of the Adoption (Scotland) Act 1978 so far as it is acting in Scotland for the purposes of providing counselling in relation to parental orders.

(7) Where a person who is the subject of a parental order has arranged to receive counselling from a local authority or Board falling within subsection (6) or an adoption society falling within paragraph (b) of subsection (6B), the Registrar General for Scotland shall, on receipt of a request from the local authority, Board or adoption society, and on payment of the appropriate fee, send to the local authority, Board or adoption society, an extract of the entry relating to that person in the register of births.

(8) The provisions of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 with regard to the correction of errors in entries shall apply to the Parental Order Register maintained by the Registrar General for Scotland and to registration therein in like manner as they apply to any register of births and to registration therein.

(9) Schedule 1 to this Act which, among other things, provides for the registration of parental orders and the amendment of such orders, shall have effect.

(10) In this section–

“Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(3) and

“local authority”, in relation to England and Wales, means the council of a county (other than a metropolitan county), a metropolitan district, a London borough or the Common Council of the City of London.”.