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Immigration Act 2016

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This is the original version (as it was originally enacted).

PART 2Consequential and related amendments

Places of Worship Registration Act 1855 (c. 81)

6For section 5 of the Places of Worship Registration Act 1855 (fee to superintendent registrar) substitute—

5Fees

(1)The Secretary of State may by regulations provide for fees to be payable to such persons as may be prescribed in the regulations in respect of the certification to the Registrar General under this Act of a place of meeting for religious worship.

(2)Regulations under this section may—

(a)specify the amount of any fee payable under the regulations, or

(b)set out how such a fee is to be determined.

(3)Subsection (4) applies where the regulations provide for a fee to be payable to a superintendent registrar.

(4)The regulations may provide for such part of the fee as may be specified by or determined in accordance with the regulations to be payable by the superintendent registrar to the Registrar General in such circumstances as may be set out in the regulations.

(5)The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.

(6)Regulations under this section must be made by statutory instrument.

(7)Regulations under this section may—

(a)make different provision for different cases;

(b)provide for exemptions from any of the provisions of the regulations;

(c)contain such consequential, incidental, supplemental and transitional provision as the Secretary of State considers appropriate.

(8)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Savings Banks Act 1887 (c. 40)

7In section 10 of the Savings Banks Act 1887 (price of certificate of birth, death or marriage)—

(a)the existing text becomes subsection (1),

(b)in that subsection (1), after “entered for” insert “, where the birth, death or marriage is registered in England and Wales, the appropriate fee or in any other case for”, and

(c)after that subsection insert—

(2)In subsection (1), “the appropriate fee” means the fee payable to the registrar or other person having care of the register concerned for a certified copy of an entry in the register by virtue of section 38A of the Births and Deaths Registration Act 1953 or section 71A of the Marriage Act 1949.

Marriage Act 1949 (c. 76)

8The Marriage Act 1949 is amended as follows.

9In section 27 (notice of marriage) omit subsections (6) and (7).

10In section 31 (marriage under certificate without licence)—

(a)omit subsections (5F) and (5G),

(b)in subsection (5H), omit “or an order under subsection (5F)”, and

(c)omit subsection (5I).

11In section 41 (registration of buildings: marriage of a man and a woman) omit subsection (6).

12In section 43D (regulations about registration of buildings) in subsection (1), omit “and the fees payable”.

13In section 51 (fees of registrars for attending marriages)—

(a)for the heading substitute “Fees of superintendent registrars for attending marriages in approved premises”,

(b)omit subsection (1),

(c)in subsection (1A), omit paragraph (a) (and the “but” after it), and

(d)omit subsection (2).

14In section 57 (quarterly returns to superintendent registrar) omit subsection (4).

15In section 63 (searches in register books) in subsection (1), omit from “, on payment” to the end.

16In section 64 (searches of indexes kept by superintendent registrars) in subsection (2), omit from “, on payment” to the end.

17In section 65 (searches of indexes kept by Registrar General) in subsection (2), omit from “, on payment” to the end.

18In section 65A (searches and records of information: additional provision) omit subsection (2).

19In section 74 (regulations) in subsection (1)(b), after “this Act” insert “(other than section 71A)”.

20In section 78 (interpretation) in subsection (1), in the definition of “prescribed” after ““prescribed”” insert “(other than in section 71A)”.

Births and Deaths Registration Act 1953 (c. 20)

21The Births and Deaths Registration Act 1953 is amended as follows.

22In section 13 (registration of name of child or of alteration of name) in subsection (2), omit “on payment of a fee not exceeding £1.00”.

23In section 30 (searches of indexes kept by Registrar General)—

(a)in subsection (2), omit from “, on payment” to the end, and

(b)in subsection (3), omit “and on payment as aforesaid of the appropriate fee aforesaid”.

24In section 31 (searches of indexes kept by superintendent registrars) in subsection (2), omit from “, on payment” to the end.

25In section 32 (searches in registers kept by registrars) omit from “, on payment” to the end of paragraph (c).

26In section 33 (short certificate of birth) in subsection (1), omit from “on payment” to “and”.

27In section 33A (short certificate of death)—

(a)in subsection (1), for paragraphs (a) and (b) substitute “, on furnishing the prescribed particulars,”, and

(b)omit subsection (3).

28In section 34A (searches and records of information: additional provision) omit subsection (2).

29In section 39 (regulations made by the Registrar General) in paragraph (a), for “and 34A” substitute “, 34A and 38A”.

30In section 39A (regulations made by the Minister: further provisions)—

(a)in subsection (1)(c), after “such” insert “consequential,”,

(b)in subsection (2), after “provisions” insert “other than section 38A”, and

(c)in subsection (5), for “and 34A” substitute “, 34A and 38A”.

31In section 41 (interpretation) in subsection (1), in the definition of “prescribed”, for “and 10C” substitute “, 10C and 38A”.

Registration Service Act 1953 (c. 37)

32Omit section 16 of the Registration Service Act 1953 (general provision as to fees).

Factories Act 1961 (c. 34)

33In section 178 of the Factories Act 1961 (certificates of birth)—

(a)in subsection (1), after “payment of” insert “the appropriate fee in England and Wales or”,

(b)also in subsection (1), before “, be entitled” insert “in Scotland”, and

(c)after subsection (2) insert—

(3)In subsection (1), “the appropriate fee” means the fee payable to a registrar or superintendent registrar for a certified copy of an entry in the register concerned by virtue of section 38A of the Births and Deaths Registration Act 1953.

Public Expenditure and Receipts Act 1968 (c. 14)

34In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees)—

(a)omit the entry relating to the Education Act 1996,

(b)omit the entry relating to the Marriage Act 1949,

(c)omit the entry relating to the Births and Deaths Registration Act 1953,

(d)in the entry relating to the Savings Banks Act 1887, in the second column, omit “Secretary of State or, as regards Scotland, the”,

(e)in the entry relating to the Factories Act 1961, in the second column, omit “Secretary of State or, as regards Scotland, the”,

(f)in the entry relating to the Social Security Administration Act 1992, in the second column, omit “Secretary of State or, as regards Scotland, the”, and

(g)omit the entry for the Places of Worship Registration Act 1855.

Marriage (Registrar General’s Licence) Act 1970 (c. 34)

35Omit section 17 of the Marriage (Registrar General’s Licence) Act 1970 (fees).

Social Security Administration Act 1992 (c. 5)

36(1)Section 124 of the Social Security Administration Act 1992 (provisions relating to age, death and marriage) is amended as follows.

(2)In subsection (3), for the words from “a fee” to “Wales and” substitute “the appropriate fee in England and Wales and a fee of”.

(3)In subsection (3A), for paragraph (b) substitute—

(b)on payment of the appropriate fee;.

(4)In subsection (5), in paragraph (a) after the opening words insert—

  • “the appropriate fee” means the fee payable to the registrar or superintendent registrar for a certified copy of an entry in the register concerned by virtue of section 38A of the Births and Deaths Registration Act 1953, section 71A of the Marriage Act 1949 or section 9 of the Marriage (Same Sex Couples) Act 2013.

Education Act 1996 (c. 56)

37(1)Section 564 of the Education Act 1996 (certificates of birth and registrars’ returns) is amended as follows.

(2)In subsection (1), for paragraph (b) substitute—

(b)on payment of the appropriate fee,.

(3)In subsection (4)—

(a)after the opening words insert—

  • “the appropriate fee” means the fee payable to the registrar having custody of the register concerned for a certified copy of an entry in the register by virtue of section 38A of the Births and Deaths Registration Act 1953;, and

(b)in the definition of “register of births and deaths”, for “the Births and Deaths Registration Act 1953” substitute “that Act”.

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