A WOMAN who refused to register her daughter's birth because she

wanted her to be Scottish and not British will not be prosecuted.

Mr William Orr, procurator-fiscal at Inverness, confirmed yesterday

that proceedings against Miss Stella Anderson, 27, of Shillinghill,

Alness, have been dropped.

Miss Anderson is the common-law wife of constitutional campaigner

Brian Robertson, known as ''Robbie the Pict''.

She was due to face trial at Inverness Sheriff Court yesterday under

the 1965 Scottish Act controlling the Registration of Births, Deaths,

and Marriages for allegedly failing to inform her local office last

November of the birth of Rhiann, now aged one.

Although Miss Anderson was delighted she was not facing trial, she did

not hail it as a

victory for her common-law husband's battle against the legal system.

Past protests have often resulted in his being prosecuted for road

traffic offences such as failing to have a road fund licence or an MoT

certificate.

She said: ''Rhiann is the last remnant of a Scottish popular

sovereignty but, yet again, the Scottish courts have failed to answer

the question -- has the Treaty of Union been breached?

''I believe it has and, one day, the courts will have to answer this

charge.''

Miss Anderson is due to give birth in January but would not say

whether or not she would register the baby.

At an earlier hearing, Mr Alistair MacFadyen, her solicitor, lost a

legal argument that the charge was incompetent on constitutional

grounds. He contended that Parliament had acted unconstitutionally when

it introduced the British Nationality Act in 1981.

He claimed that provisions in the Treaty of Union in 1707 between

Scotland and England protected Scottish subjecthood, and have not

changed.