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The London Authorities (Registration Service) Order 1964

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

Citation and commencement

1.  This order may be cited as the London Authorities (Registration Service) Order 1964 and shall come into operation on 1st January 1965.

Interpretation

2.—(1) In this order, unless the context otherwise requires:—

the Act of 1953” means the Registration Service Act 1953; and

registration officer” means a superintendent registrar, registrar of births and deaths (including a registrar of births and deaths exercising any of the functions of a registrar of marriages), or person engaged whole-time as a deputy superintendent registrar or deputy registrar of births and deaths.

(2) Unless the context otherwise requires, references in this order to the provisions of any enactment shall be construed as references to those provisions as amended or re-enacted by any subsequent enactment.

(3) The Interpretation Act 1889 applies to the interpretation of this order as it applies to the interpretation of an Act of Parliament.

Application

3.  Any provision in this order for the transfer of persons not engaged wholetime as registration officers shall apply only to their office as registration officer.

Registration service

4.—(1) The county councils of Hertfordshire, Essex, Kent and Surrey shall, not later than 13th February 1965, each make and submit to the Minister of Health for his approval under section 14 of the Act of 1953 a scheme making such amendments to their existing schemes under that section as are necessary in consequence of the London Government Act 1963.

(2) Each London borough council shall not later than 13th February 1965 prepare and submit to the Minister of Health a scheme for the purposes of section 13 of the Act of 1953 for the borough, and section 14(4) (which relates to the approval of the Minister of Health) of the Act of 1953 shall apply to any scheme so submitted.

(3) If a council fails to submit a scheme in accordance with paragraph (1) or (2) of this article, the Registrar General may, after consultation with the council, prepare a scheme for the purpose, and any scheme so prepared by him, if approved by the Minister of Health, shall have effect as if it were a scheme submitted by the council and approved by the Minister of Health.

(4) Subject to any further scheme made by the London borough council and approved by the Minister of Health under section 14 of the Act of 1953, and to the provisions of article 5(3) of this order, a scheme approved by the Minister of Health under paragraph (2) or (3) of this article for a London borough shall have effect for the organisation of the registration service in the London borough as from 1st April 1965.

Transfer of Staff

5.—(1) Except as provided in paragraph (2) of this article, every registration officer who on 31st March 1965 holds office in or for any registration district or sub-district contained in the area of any local authority mentioned in column 1 of Part I of the Schedule to this order shall on 1st April 1965 be transferred to and become the holder of the office allocated to him in accordance with article 6 of this order as if he had been appointed to that office by the London borough council mentioned in column 2 of Part I of the said Schedule opposite such first mentioned authority.

(2) Every registration officer who on 31st March 1965 holds an office mentioned in column 3 of Part II of the Schedule to this order in or for the registration district or sub-district mentioned opposite thereto in column 1 or 2 of Part II of the said Schedule, shall on 1st April 1965 be transferred to and become the holder of the office allocated to him in accordance with article 6 of this order as if he had been appointed to that office by the London borough council or county council mentioned in column 4 of Part II of the said Schedule opposite such first mentioned office.

(3) Every registration officer transferred by paragraph (1) or (2) of this article shall hold his new office on terms and conditions not less favourable than those which as registration officer he enjoyed on 31st March 1965 until the London borough council or county council notify him that any different terms and conditions applicable to his office under the registration scheme approved for the county or London borough under section 14 of the Act of 1953 or article 4 of this order are to have effect in his case.

Allocation of Staff

6.—(1) The county council of Surrey and every London borough council shall before 6th March 1965 make and submit to the Registrar General proposals for allocating to the posts described in the registration scheme approved for the county or London borough under section 14 of the Act of 1953 or article 4 of this order the officers who will, pursuant to paragraph (1) or (2) of article 5 of this order, become registration officers in the county or London borough on 1st April 1965.

(2) Not later than the day on which proposals under paragraph (1) of this article are submitted to the Registrar General, the council shall send a copy thereof to every registration officer affected by the proposals and the Registrar General, after considering any representations with respect to the proposals made by any such officer within a period of fourteen days after the submission of the proposals, may approve the proposals with or without modifications.

(3) If within any period after 6th March 1965 specified by the Registrar General any council fails to submit proposals for the purpose mentioned in paragraph (1) of this article, the Registrar General may determine the allocation of officers to the posts described in the council's approved registration scheme, and any allocation so determined shall have effect as if it had been proposed by the council and approved by the Registrar General.

Transitional provisions as to notices, etc., under the Marriage Act 1949

7.—(1) Nothing in the London Government Act 1963 or in any scheme mentioned in article 4 of this order shall affect the validity of any certificate or licence issued or notice given under the Marriage Act 1949 before 1st April 1965. A marriage solemnised in Greater London after that date on the authority of such a certificate or licence shall not be void, and a person solemnising a marriage in accordance with sub-paragraph (b) (iii) of the next succeeding paragraph shall not be guilty of an offence under section 75 of the Marriage Act 1949, by reason of the fact that the marriage is solemnised in an office other than that specified in the notice of marriage or certificate.

(2) Where notice of marriage is given before 1st April 1965 to any superintendent registrar whose district will be altered or abolished on that date and the marriage has not been solemnised before that date, the following provisions shall apply:—

(a)Where the district is altered but not abolished, the provisions of the Marriage Act 1949 with regard to the issue of a certificate or a certificate and licence shall apply as if the alteration had not taken place.

(b)Where the district is abolished, the notice shall have effect as if it had been given to the superintendent registrar designated by the Registrar General for the purposes of section 15(1) of the Act of 1953 as the successor to the superintendent registrar whose district is abolished (which successor is hereinafter referred to as the ‘succeeding superintendent registrar’) and

(i)the succeeding superintendent registrar shall cause any notice or exact copy of the particulars entered in the marriage notice book, required to be displayed under section 31(1) of the Marriage Act 1949, to be affixed in some conspicuous place in his office from 1st April 1965 for any unexpired portion of the period mentioned in the said section 31(1), and

(ii)the succeeding superintendent registrar, and any other superintendent registrar so empowered by the Marriage Act 1949, may, in accordance with the provisions of that Act, issue his certificate or, as the case may be, his certificate and licence for the solemnisation of the marriage notwithstanding that the building in which the marriage is to be solemnised is not within his district or within the district within which one of the persons to be married has resided, and

(iii)the succeeding superintendent registrar may arrange for the solemnisation of the marriage in his office where the persons to be married had stated in the notice that they wished to be married in the office of the superintendent registrar to whom the notice was given.

(3) For the purposes of any notice of marriage to be given on or after 1st April 1965 the alteration or the establishment of any district by any scheme mentioned in article 4 of this order shall be deemed to have taken effect on 28th February 1965.

(4) The superintendent registrar of any district which will be abolished on 1st April 1965 shall for one month prior to that date display in a conspicuous position in his office and inform every person giving notice of marriage, the name and address of the superintendent registrar designated as his successor for the purposes of section 15(1) of the Act of 1953.

(5) Nothing in the London Government Act 1963 or in any scheme mentioned in article 4 of this order shall prejudice or affect the registration of any building for the solemnisation of marriages under section 41 of the Marriage Act 1949 or the appointment of any person as an authorised person under section 43 of the Marriage Act 1949.

Registration of Births and Deaths

8.  Where any birth (including a still-birth) or death occurring in any sub-district which is altered or abolished on 1st April 1965 has not been registered before that date, it shall be registered by the registrar of births and deaths for the sub-district in which is situated on 1st April 1965 the place of birth or death, as the case may be.

Compensation

9.  In relation to any person who suffers loss of employment or loss or diminution of emoluments which is attributable to the provisions of this order, the material date for the purposes of the London Government (Compensation) Regulations 1964(1) (other than regulations 3 and 5(1)) shall be 1st April 1965.

Given under the official seal of the Minister of Health on 22nd December 1964.

L.S.

Kenneth Robinson

Minister of Health

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