Statutory Instruments

2016 No. 911

Registration Of Births, Deaths & Marriages, Etc., England And Wales

Civil Partnership, England And Wales

The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016

Made

12th September 2016

Laid before Parliament

14th September 2016

Coming into force

5th October 2016

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 5 of the Places of Worship Registration Act 1855(1), sections 43D(2), 71A(3) and 74(3)(4) of the Marriage Act 1949(5), sections 38A(6) and 39A(7) of the Births and Deaths Registration Act 1953(8), sections 34 and 36(4) of the Civil Partnership Act 2004(9), sections 15(4) and 19 of, and paragraph 6(1) and (3) of Schedule 1 to, the Presumption of Death Act 2013(10) and section 9(1) and (4) of the Marriage (Same Sex Couples) Act 2013(11).

Citation and commencementE+W

1.  These Regulations may be cited as the Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 and come into force on 5th October 2016.

Commencement Information

I1Reg. 1 in force at 5.10.2016, see reg. 1

InterpretationE+W

2.  In these Regulations—

“the 1949 Act” means the Marriage Act 1949;

“the 1953 Act” means the Births and Deaths Registration Act 1953;

[F1“online view service” means a service provided via the website for the General Register Office which allows a person to—

(a)

search via that website for an entry in the Registrar General’s certified copies of entries, and

(b)

if the search locates the entry, submit a request via that website to view a record of information contained in that entry in electronic format;]

a “priority service” [F2“means] —

(a)

F3 [F4“a service provided to a person who makes an application to the Registrar General—]

(i)

by giving the relevant information and paying the correct fee by—

(aa)

attending in person at the General Register Office between 10:00 and 16:00 hours on a working day; or

(bb)

post, telephone, or electronic means which is received by the Registrar General before 16:00 hours on a working day; and

(ii)

F5where the document applied for is normally provided on or before the next working day by sending by first class post or to a person attending in person at the General Register Office between 10:00 hours and 16:00 hours;

(b)

[F6in the case of a fee that is payable to a relevant authority, a service provided to a person who makes the application to the relevant authority by—

(i)

giving the relevant information and paying the correct fee by—

aa

attending in person at the Relevant Local Office between 10:00 and 15:00 hours on a working day; or

bb

post, telephone or electronic means which is received by the relevant authority before 15.00 hours on a working day; and

(ii)

where the document applied for is normally provided on or before the next working day, sending by first class post or to a person attending at the Relevant Local Office between 10:00 hours and 15:00 hours;]

“relevant information” means—

(a)

[F7in the case of a short certificate of birth provided under section 33(1) of the 1953 Act, any particulars prescribed to be furnished under that section of that Act;]

(aa)

[F8in the case of a short certificate of death provided under section 33A(1) of the 1953 Act, any particulars prescribed to be furnished under that section of that Act;]

(b)

in the case of a certified copy of an entry provided under section 65(2)(12) of the 1949 Act or section 30(2)(13) of the 1953 Act, either a reference number relating to an index kept by the Registrar General under section 65(1) of the 1949 Act or section 30(1) or (1A) of the 1953 Act corresponding to the certified copy for which the application is made, or sufficient information which allows the Registrar General to establish such reference number;

(c)

[F9in the case of a certified copy of an entry provided under section 64(2) of the 1949 Act(15) or section 31(2) of the 1953 Act, either a reference number relating to an index kept by a Superintendent Registrar under section 64(1) of the 1949 Act or section 31(1) of the 1953 Act corresponding to the certified copy for which the application is made, or sufficient information which allows the Superintendent Registrar to establish such a reference number;

(d)

in the case of a certified copy of an entry provided by a registrar under [F10section 53D(10)(b] of the 1949 Act or section 32 of the 1953 Act, sufficient information to enable a registrar to identify an entry in the register of an event registered in that district;

(e)

in the case of a certified copy of an entry provided under regulation 13 of the Civil Partnership (Registration Provisions) Regulations 2005, either a reference number relating to an index kept by the Registrar General corresponding to the certified copy F11... for which the application is made, or sufficient information which allows the Registrar General to establish such a reference number;

(f)

in the case of a certified copy of an entry provided under regulation 14 of the Civil Partnership (Registration Provisions) Regulations 2005, either a reference number relating to an index kept by the registration authority corresponding to the certified copy F11... for which the application is made, or sufficient information which allows the registration authority to establish such a reference number.]

(g)

[F12in the case of a certified copy of an entry provided under regulation 23(2) of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014, either a reference number relating to an index kept by the Registrar General under that regulation corresponding to the certified copy for which the application is made, or sufficient information which allows the Registrar General to establish such a reference number;

(h)

in the case of a certified copy of an entry provided under regulation 24(2) of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014, either a reference number relating to an index kept by the superintendent registrar under that regulation corresponding to the certified copy for which the application is made, or sufficient information which allows the superintendent registrar to establish such a reference number;

(i)

in the case of a certified copy of an entry provided under regulation 13 or 18 of the Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015, either a reference number relating to an index kept by the Registrar General under that regulation corresponding to the certified copy for which the application is made, or sufficient information which allows the Registrar General to establish such a reference number.]

a “standard service” is a service—

(a)

[F13in the case of a fee that is payable to the Registrar General, a service—]

(i)

F14provided to a person who makes an application to the Registrar General by giving the relevant information and paying the correct fee by—

(aa)

attending in person at the General Register Office between 10:00 and 16:00 hours on a working day; or

(bb)

post, telephone, or electronic means which is received by the Registrar General before 16:00 hours on a working day; and

(ii)

F15where the document applied for is normally provided—

(aa)

in a case where the application includes a reference to the number relating to the index kept by the Registrar General under section 65(1) of the 1949 Act or section 30(1) or (1A)(14) of the 1953 Act, on or before the 4th working day after the working day on which such application is made; or

(bb)

in a case where that application does not include such a reference number, on or before the 15th working day after the working day on which such application is made,

by sending by second class post or to a person attending in person at the General Register Office between 10:00 hours and 16:00 hours; and

(b)

[F16in the case of a fee that is payable to a relevant authority—

(i)

a service provided to a person who makes an application to the relevant authority by giving the relevant information and paying the correct fee by—

(aa)

attending in person at the relevant local office between 10:00 and 15:00 hours on a working day; or

(bb)

post, telephone, or electronic means which is received by the relevant authority before 15:00 hours on a working day; and

(ii)

a service where the document applied for is normally provided

on or before the 15th working day after the working day on which such application is made, by sending by second class post or to a person attending at the relevant local office between 10:00 hours and 15:00 hours;]

“working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971(15) in England and Wales.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 5.10.2016, see reg. 1

FeesE+W

3.—(1) In respect of the services or matters set out in column 2 of the table in Schedule 1 (for which provision is made under the enactment specified in column 1) the fee specified in column 3 is payable to the person specified in column 4.

[F17(2) Subject to paragraph (3), the person specified in column 4 of the table in Schedule 1 in respect of any particular fee payable to that person may reduce, waive or refund part or all of that fee on the grounds—

(a)that requiring payment of the fee would cause hardship to the person required to make payment;

(b)of compassion; or

(c)of error otherwise than on the part of the person required to make payment.

(3) No reduction, waiver or refund may be made in respect of a fee to which regulation 3A applies without the consent of the Registrar General.]

Textual Amendments

Commencement Information

I3Reg. 3 in force at 5.10.2016, see reg. 1

[F18Transmission of part of fees to Registrar GeneralE+W

3A.—(1) This regulation applies to a category A fee, a category B fee or a category C fee (and referred to in this regulation as “a relevant fee”).

(2) Subject to paragraph (3), on each occasion where the superintendent registrar, registrar or registration authority (as the case may be) is paid a relevant fee, that person must pay to the Registrar General on demand, in respect of each—

(a)category A fee, a part in the amount of [F19£64.00];

(b)category B fee, a part in the amount of [F20£52.00];

(c)category C fee, a part in the amount of [F21£48.00].

(3) Where a relevant fee has been reduced or partially refunded pursuant to regulation 3(2), the amount payable to the Registrar General under paragraph (2) is reduced by the same proportion by which the relevant fee was reduced.

(4) Amounts payable to the Registrar General under this regulation which remain unpaid after the expiry of a period of 28 days commencing with the date of demand are recoverable as debts due to the Crown.

(5) In this regulation—

Textual Amendments

[F26Offline application feeE+W

3B—(1) Where an application is made to the Registrar General for a relevant service and the application is made by way of offline application, an additional non-refundable fee of [F27£4.50] is payable to the Registrar General.

(2) The fee in paragraph (1) is not payable if, at the time of making the application, the online application service is not available.

(3) In this regulation—

“offline application” means an application for a service that is not made via the public website known as www.gov.uk;

“online application” means an application for a service that is made via the public website known as www.gov.uk.

“relevant service” means a service as set out in rows 16, 18, 22, 36, 39, 47, 49 and 50 of the table in Schedule 1.

Textual Amendments

Premium postal service feeE+W

3C—(1) Where an application is made to the Registrar General for a copy or other record of any information held by the Registrar General using the priority service the Registrar General may, on request and upon payment of the applicable fee, provide the document by premium postal service and the applicable fee is —

(a)On a working day a fee of [F28£8.00];

(b)On a Saturday a fee of [F29£21.50];

(c)Overseas a fee of [F30£13.50].

(2) The fee for the premium postal service is—

(a)payable to the Registrar General;

(b)payable in addition to any other fee payable for provision of that document.

(3) In this regulation “premium postal service” means a postal service for which the fee payable to the Registrar General is in addition to the fee payable to the Registrar General for delivery of the same documents by first class post.

Textual Amendments

General index search fee (no reference provided)E+W

3D—(1) Where an application is made to the Registrar General for a certified copy and the relevant information does not contain the reference from the relevant index kept by the Registrar General, an additional non-refundable fee of [F31£3.50] is payable to the Registrar General to undertake the search of the index on the applicant’s behalf.

(2) The fee in regulation 3D(1) is not payable where the relevant index kept by the Registrar General is not available to the public for searching.

(b)“relevant index” means—

(i)any index kept by the Registrar General in relation to any register of births, deaths, marriages or civil partnerships; or

(ii)an index kept by the Registrar General pursuant to Regulation 23 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014.

Textual Amendments

Retained feeE+W

3E—(1) A fee of [F32£4.00] is retained by the Registrar General where an application is made to the Registrar General for a certified copy and the corresponding entry cannot be located from the relevant information provided.]

Textual Amendments

Multilingual standard form feeE+W

F333F  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Revocations and amendmentsE+W

4.  Schedule 2 (revocations and amendments) has effect.

Commencement Information

I4Reg. 4 in force at 5.10.2016, see reg. 1

Robert Goodwill

Minister of State

Home Office

12th September 2016

Regulation 3

SCHEDULE 1E+WFees Payable

Commencement Information

I5Sch. 1 in force at 5.10.2016, see reg. 1

Table

Column 1Column 2Column 3Column 4
EnactmentFee payable for –Amount of fee –Fee payable to –
1Places of Worship Registration Act 1855 section 5Certification of place of meeting for religious worship[F34£35.50]The superintendent registrar
2Marriage Act 1949 section 27(4)(16) [F35Recording a notice of marriage—]
(a) where both parties to the proposed marriage are exempt persons within the meaning of section 49 of the Immigration Act 2014(17)[F36£46.50]The superintendent registrar
(b) in any other case[F37£63.00]The superintendent registrar
3Marriage Act 1949 section 26(1)(dd)(18)Attendance of superintendent registrar other than at that superintendent registrar’s office for purpose of being given notice of marriage—
(a) of a house-bound person[F38£63.00]The superintendent registrar
(b) of a detained person[F39£90.50]The superintendent registrar
4Marriage Act 1949 section 31(5A)(19)Application to reduce the 28 day waiting period [F40£73.00] [F41The superintendent registrar]
5Marriage Act 1949 section 41(1)Application for registration of a building for the solemnization of marriages between a man and a woman—
(a) where the building is already registered under section 43A of the Marriage Act 1949(20)[F42£78.50]The superintendent registrar
(b) where the building is not already registered under section 43A of the Marriage Act 1949[F43£150.00]The superintendent registrar
6Marriage Act 1949 section 43A(2)(21)Application for registration of a building for the solemnization of marriages of same sex couples where—
(a) the building is already registered under section 41 of the Marriage Act 1949(22)[F44£78.50]The superintendent registrar
(b) the building is not already registered under section 41 of the Marriage Act 1949[F45£150.00]The superintendent registrar
7Marriage Act 1949 sections 41(1) and 43A(2) [F46, as modified by regulation 10 of the Marriage of Same Sex Couples (Registration of Buildings and Appointment of Authorised Persons) Regulations 2014]Joint application for the registration of a building for the solemnization of marriages between a man and a woman and of same sex couples(23)[F47£150.00]The superintendent registrar
8Marriage Act 1949 section 44(2)(a)Registrar attending marriage at a registered building[F48£114.50]The registrar
9Marriage Act 1949 section 45(1)(24)Registrar attending marriage at a register office[F49£62.00]The registrar
10Marriage Act 1949 section 45A(2) and 45A(3)(25)Registrar attending marriage—
(a) at the place where the house-bound person or persons usually resides[F50£108.00]The registrar
(b) at the place where the detained person or persons usually resides[F51£117.00]The registrar
11Marriage Act 1949 section 45A(3)Superintendent registrar attending marriage—
(a) at the place where the house-bound person or persons usually resides[F52£111.50]The superintendent registrar
(b) at the place where the detained person or persons usually resides[F53£124.50]The superintendent registrar
[F5411A Marriage Act 1949 section 53D(10)(b)(a) Standard service for a certified copy of an entry in the marriage register obtained from a registrar[F55£12.50]The registrar
(b) Priority service for a certified copy of an entry in the marriage register obtained from a registrar[F55£38.50]The registrar]
F56. . .F56. . .F56. . .F56. . .F56. . .
F57. . .F57. . .F57. . .F57. . .F57. . .
14Marriage Act 1949 section 64(2)(26)General search of indexes of [F58the entries in the marriage register and of the] of marriage register books kept by superintendent registrars[F55£20.00]The superintendent registrar
[F5915 Marriage Act 1949 section 64(2)(a) Standard service for certified copy of an entry [F60in the marriage register or a marriage register book, obtained from a superintendent registrar][F55£12.50]The superintendent registrar
(b) Priority service for certified copy of an entry [F60in the marriage register or a marriage register book, obtained from a superintendent registrar][F55£38.50]The superintendent registrar]
16Marriage Act 1949 section 65(2)(27)(a) Standard service for [F61a certified copy of an entry in the marriage register or in a certified copy of a marriage register book, obtained from the Registrar General] following a search of indexes kept at General Register Office[F55£12.50]The Registrar General
(b) Priority service for [F61a certified copy of an entry in the marriage register or in a certified copy of a marriage register book, obtained from the Registrar General] following a search of indexes kept at General Register Office[F55£38.50]The Registrar General
[F6216ZA Registration of Marriages Regulations 2015 regulation 11KCorrection of an error in an entry in a marriage register book (other than an error caused by a registrar when entering particulars in that marriage register book) where an application is made to a superintendent registrar under regulation 11K(1) of the Registration of Marriages Regulations 2015[F55£99.00]The superintendent registrar
16ZBRegistration of Marriages Regulations 2015 regulation 11LCorrection of an error in an entry in the marriage register (other than an error caused by a registrar when entering particulars in the register) where an application is made to a superintendent registrar under regulation 11L(2) of the Registration of Marriages Regulations 2015[F55£99.00]The superintendent registrar]
[F6316A Births and Deaths Registration Act 1953 section 13(1)Registration of name of child or of alteration of name[F55£44.00]The registrar or superintendent registrar having the custody of the register]
17Births and Deaths Registration Act 1953 section 13(2)(28)Issue of certificate of baptism where child’s name altered or given[F55£1.50]The person who performed the rite of baptism or who has custody of the baptismal record and who issues the required certificate
[F6417A Births and Deaths Registration Act 1953 sections 29(1) to (3) and 29A and Registration of Births and Deaths Regulations 1987 regulations 55 to 58A correction to a register of live-births, still-births or deaths, relating to an error caused by a qualified informant concerning a live-birth, still-birth or death when providing information to the registrar of live-births, still-births or deaths, by
(a) the person with custody of the register[F55£83.00]The person with custody of the register
(b) the person with custody of the register on the authority of the Registrar General[F55£99.00]The person with custody of the register]
18Births and Deaths Registration Act 1953 section 30(2)(29)(a) Standard service for certified copy of entry obtained from the Registrar General following a search of indexes kept at General Register Office[F55£12.50]The Registrar General
(b) Priority service for certified copy of entry obtained from the Registrar General following a search of indexes kept at General Register Office[F55£38.50]The Registrar General
19Births and Deaths Registration Act 1953 section 31(2)(30)General search of indexes kept by superintendent registrar[F55£20.00]The superintendent registrar
[F6520 Births and Deaths Registration Act 1953 section 31(2) (a) Standard service for certified copy of an entry in the register kept by the superintendent registrar[F55£12.50]The superintendent registrar
(b) Priority service for certified copy of an entry in the register kept by the superintendent registrar[F55£38.50]The superintendent registrar
21Births and Deaths Registration Act 1953 section 32(a) Standard service for certified copy of an entry in registers kept by registrars[F55£12.50]The registrar
(b) Priority service for certified copy of an entry in registers kept by registrars[F55£38.50]The registrar
22Births and Deaths Registration Act 1953 section 33(1) M1(a) Standard service for a short certificate of birth obtained from a registrar or superintendent registrar[F55£12.50]The registrar or superintendent registrar providing the certificate
(b) Priority service for a short certificate of birth obtained from a registrar or superintendent registrar[F55£38.50]The registrar or superintendent registrar providing the certificate
(c) Standard service for a short certificate of birth obtained from the Registrar General[F55£12.50]The Registrar General
(d) Priority service for a short certificate of birth obtained from the Registrar General[F55£38.50]The Registrar General]
[F6622ZA Births and Deaths Registration Act 1953 section 33A(a) Standard service for a short certificate of death obtained from a registrar or superintendent registrar£12.50The registrar or superintendent registrar providing the certificate
(b) Priority service for a short certificate of death obtained from a registrar or superintendent registrar£38.50The registrar or superintendent registrar providing the certificate
(c) Standard service for a short certificate of death obtained from the Registrar General£12.50The Registrar General
(d) Priority service for a short certificate of death obtained from the Registrar General£38.50The Registrar General]
[F6722A Registration Service Act 1953 section 1(3)Letter provided by the Registrar General confirming that, on the basis of information provided, no record of a marriage in England and Wales has been found within a 10 year search period[F55£55.00]The Registrar General
22BRegistration Service Act 1953 section 1(3)Letter provided by the Registrar General confirming that, on the basis of information provided, no record of a civil partnership in England and Wales has been found within a 10 year search period[F55£55.00]The Registrar General
22CRegistration Service Act 1953 section 1(3)Opinion letter by the Registrar General following consideration of the documents referred to in paragraph 5(1)(e), (f) or (i) of Schedule 3 to the Registration of Marriages Regulations 2015 provided [to a superintendent registrar] as evidence of the ending of a previous marriage or civil partnership[F55£83.00]The superintendent registrar [to which the evidence is provided]
22DRegistration Service Act 1953 section 1(3)Opinion letter by the Registrar General following consideration of documents supplied to a registration authority under paragraph 4 of Schedule 3 to the Civil Partnership (Registration Provisions) Regulations 2005 as evidence of the ending of a previous civil partnership or marriage[F55£83.00]The registration authority to which the evidence is supplied]
23Marriage (Registrar General’s Licence) Act 1970 section 2(2)(31)Entry of notice of marriage to be solemnized on the authority of the Registrar General’s licence[F68£4.50]The superintendent registrar
24Marriage (Registrar General’s Licence) Act 1970 section 7Issue of Registrar General’s licence for marriage to be solemnized on the authority of that licence[F69£20.00]The Registrar General
25Marriage (Registrar General’s Licence) Act 1970 section 10(2)Attendance at a marriage solemnized on the authority of the Registrar General’s licence by—
(a) a registrar[F70£3.00]The registrar
(b) a superintendent registrar[F71£3.00]The superintendent registrar
[F7225A Local Government Act 1972 section 111(1)Opinion letter by a superintendent registrar following consideration of the documents referred to in paragraph 5(1)(e), (f) or (i) of Schedule 3 to the Registration of Marriages Regulations 2015 provided as evidence of the ending of a previous marriage or civil partnership[F55£55.00]The superintendent registrar
25BLocal Government Act 1972 section 111(1)Opinion letter by a registration authority following consideration of documents supplied to a registration authority under paragraph 4 of Schedule 3 to the Civil Partnership (Registration Provisions) Regulations 2005 as evidence of the ending of a previous civil partnership or marriage[F55£55.00]The registration authority]
26Civil Partnership Act 2004 section 2(1)(a)(32)Attendance of the civil partnership registrar in whose presence the Registrar General’s licence is signed[F55£2.50]The registration authority which designated that individual a civil partnership registrar
27Civil Partnership Act 2004 section 2(1)(a) and section 18(3)(33)Attendance of the civil partnership registrar for the purpose of signing the civil partnership schedule under the procedure for house-bound persons[F73£108.00]The registration authority which designated that individual a civil partnership registrar
28Civil Partnership Act 2004 section 2(1)(a) and section 19(3)(34)Attendance of the civil partnership registrar for the purpose of signing the civil partnership schedule under the procedure for detained persons[F74£117.00]The registration authority which designated that individual a civil partnership registrar
29Civil Partnership Act 2004 section 2(3)(b)(35)Signing by the civil partnership registrar of the civil partnership schedule[F75£62.00]The registration authority which designated that individual a civil partnership registrar
30Civil Partnership Act 2004 section 8(3)Attestation by an authorised person(36) of the necessary declaration at a place provided by the registration authority –The registration authority(37) to which a notice of proposed civil partnership is given
(a) where both parties to the proposed civil partnership are exempt persons within the meaning of section 49 of the Immigration Act 2014[F76£46.50]
(b) in any other case[F77£63.00]
31Civil Partnership Act 2004 section 8(3) and section 18(3)Attendance of an authorised person at a place other than one provided by the registration authority, for the purpose of attesting the necessary declaration under the procedure for house-bound persons[F78£63.00]The registration authority to which the notice is given
32Civil Partnership Act 2004 section 8(3) and section 19(3)Attendance of an authorised person at a place other than one provided by the registration authority, for the purpose of attesting the necessary declaration under the procedure for detained persons[F79£90.50]The registration authority to which the notice is given
33Civil Partnership Act 2004 sections 8(3) and 21(3)Attestation by an authorised person of the necessary declaration under the special procedure[F80£4.50]The registration authority to which the notice is given
34Civil Partnership Act 2004 section 12(1)(38)Application to shorten the waiting period in relation to a notice of proposed civil partnership(39) [F81£73.00] [F82The registration authority]
35Civil Partnership Act 2004 section 25(2)Issue of Registrar General’s licence[F83£20.00]The Registrar General
[F8436 Civil Partnership (Registration Provisions) Regulations 2005 regulation 13(2)(a) Standard service for a certified copy F85... of an entry in the civil partnership register issued by the Registrar General[F55£12.50]The Registrar General
(b) Priority service for a certified copy F85... of an entry in the civil partnership register obtained from the Registrar General[F86£46.50]The Registrar General]
[F8737 Civil Partnership (Registration Provisions) Regulations 2005 regulation 14(2) (a) Standard service for a certified copy F88... of an entry in the civil partnership register issued by a registration authority[F55£12.50]The registration authority
(b) Priority service for a certified copy [F89of an entry in the civil partnership register] issued by a registration authority[F55£38.50]The registration authority]
[F9037A Civil Partnership (Registration Provisions) Regulations 2005 regulation 20A correction to an entry in the civil partnership register, other than a correction relating to an error caused by the registration authority when information was recorded in the register[F55£99.00]The registration authority]
38Civil Partnership (Registration Abroad and Certificates) Order 2005 article 17(1) and (2)(40)On giving the required notice(41) to a registration authority for an application for a certificate of no impediment[F55£38.50]The registration authority
39Presumption of Death Act 2013 paragraph 3(2) of Schedule 1Certified copy of an entry in the Register of Presumed Deaths[F55£12.50]The Registrar General
40The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014(42) regulation 6Conversion of civil partnership in accordance with the standard procedure[F91£55.00]The superintendent registrar
41The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 regulation 7Conversion of civil partnership in accordance with the procedure for housebound persons[F92£120.00]The superintendent registrar
42The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 regulation 8Conversion of civil partnership in accordance with the procedure for detained persons[F93£142.00]The superintendent registrar
43The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 regulation 9Conversion of civil partnership in accordance with the special procedure[F94£20.00]The superintendent registrar
44The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 regulations 10 and 11(43)The first stage of the procedure for conversion of civil partnership in accordance with the two stage procedure for conversion on secular premises(44)[F95£33.00]The superintendent registrar to whom the information is given
45The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 regulations 10 and 12(45)Conversion of civil partnership in accordance with the two stage procedure for conversion on religious premises(46)—
(a) for the first stage of the procedure(47)[F96£33.00]The superintendent registrar to whom the information is given
(b) for the second stage of the procedure (48)[F97£111.50]The superintendent registrar in whose registration district the conversion is taking place
F98. . .F98. . .F98. . .F98. . .F98. . .
[F9947 The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 regulation 23(2) (a) Standard service for a certified copy of an entry relating to a marriage in the conversion register issued by the Registrar General[F55£12.50]The Registrar General
(b) Priority service for a certified copy of an entry relating to a marriage in the conversion register issued by the Registrar General[F55£38.50]The Registrar General]
[F10048 The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 regulation 24(2)M2(a) Standard service for a certified copy of an entry relating to a marriage in the conversion register issued by the superintendent registrar[F55£12.50]The superintendent registrar
(b) Priority service for a certified copy of an entry relating to a marriage in the conversion register issued by the superintendent registrar[F55£38.50]The superintendent registrar]
[F10148A The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 regulation 28(c)Correction of an entry in the conversion register, other than a correction relating to an error caused by the superintendent registrar when information was recorded in the register£99.00The superintendent registrar]
[F10249

The Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015

regulation 13M3

(a) Standard service for a certified copy of an entry made in Gender Recognition Marriage Register[F55£12.50]The Registrar General
(b) Priority service for a certified copy of an entry made in Gender Recognition Marriage Register[F55£38.50]The Registrar General
50

The Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015

regulation 18

(a) Standard service for a certified copy of an entry made in the Gender Recognition Civil Partnership Register[F55£12.50]The Registrar General
(b) Priority service for a certified copy of an entry made in the Gender Recognition Civil Partnership Register[F55£38.50]The Registrar General
[F10351 The Births, Deaths, Marriages and Civil Partnerships Records Regulations 2016 regulations 2, 3 and 4 (a) Where the entry is a copy of a record (in electronic format) which is held in a digital format—
(i) a copy of a record, in electronic format, of information contained in the Registrar General’s certified copies of entries in the birth register, the death register and marriage register books and copies of entries in the conversion register, or in the entries in the marriage register£8.00The Registrar General
(ii) a copy of a record, through the online view service, of information contained in the Registrar General’s certified copies of entries in the birth register, the death register and marriage register books £3.00The Registrar General]]

Textual Amendments

Marginal Citations

M1Section 33(1) was amended by paragraph 26 of Schedule 15 to the Immigration Act 2016.

M2Regulation 24(2) was amended by S.I. 2016/911.

Regulation 4

SCHEDULE 2E+WREVOCATIONS AND AMENDMENTS

PART 1E+WRevocations

1.  The instruments specified in column 1 of the table below, with the reference in the corresponding entry in column 2 of that table, are revoked.E+W

Table

Column 1

Instrument title

Column 2

Reference

The Registration of Births, Deaths and Marriages (Fees) Order 20102010/441
The Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 20122012/760
The Register of Presumed Deaths (Fees) Regulations 20142014/2386
The Registration of Civil Partnerships (Fees) Order 20142014/1789
The Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 20142014/1790
The Registration of Births, Deaths and Marriages and Registration of Civil Partnerships (Fees) (Amendment) Order 20152015/117

Commencement Information

I6Sch. 2 para. 1 in force at 5.10.2016, see reg. 1

PART 2E+WAmendments

The Marriage of Same Sex Couples (Registration of Buildings and Appointment of Authorised Persons) Regulations 2014E+W

2.—(1) The Marriage of Same Sex Couples (Registration of Buildings and Appointment of Authorised Persons) Regulations 2014(49) are amended as follows.

(2) In regulation 2 (interpretation), before the entry for “registered building” insert—

““appropriate fee” means the fee payable by virtue of regulations made under section 71A of the Marriage Act 1949;”.

(3) For regulation 4(2)(d) (application for registration of a building) substitute—

“(d)pay the appropriate fee to the superintendent registrar.”

(4) For regulation 10(2)(b) (modification of procedure for joint applications under section 41 and section 43A), substitute—

“(b)the applicant must pay the fee payable by virtue of regulations made under section 71A of the Act for a joint application made under section 41(1) and 43A of the Act, but the fee under regulation 4(2)(d) does not apply.”.

Commencement Information

I7Sch. 2 para. 2 in force at 5.10.2016, see reg. 1

The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014E+W

3.—(1) The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 are amended as follows.

(2) In regulation 2 (interpretation), before the entry for “authorised person” insert—

““appropriate fee” means the fee set out in the Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016;”.

(3) For regulation 6(1)(d) (standard procedure for conversion) substitute—

“(d)the parties must pay the appropriate fee to the superintendent registrar.”

(4) For regulation 7(3)(e) (procedure for housebound persons) substitute—

“(e)the parties must pay the appropriate fee to the superintendent registrar.”

(5) For regulation 8(3)(e) (procedure for detained persons) substitute—

“(e)the parties must pay the appropriate fee to the superintendent registrar.”

(6) For regulation 9(2)(c) (the special procedure) substitute—

“(c)pay the appropriate fee to the superintendent registrar.”

(7) In regulation 10(2)(d) (the two stage procedure), for “fee of £27.00” substitute “appropriate fee”.

(a)For regulation 11(5) (conversion on secular premises) substitute—

“(5) The fee for a conversion on secular premises referred to in paragraph (2)(a) and (3)—

(a)is payable to the superintendent registrar of the registration district in which the conversion is to take place; and

(b)is of an amount to be determined by the authority as reasonably representing all the costs to it of providing a superintendent registrar to attend at the conversion.”

(8) In regulation 12 (conversion on religious premises)—

(a)in paragraph 12(2)(a) before “fee for a conversion” insert “appropriate”;

(b)in paragraph (3) before “fee” insert “appropriate”; and

(c)omit paragraph (4).

(9) Omit regulations 15 (waiver of fees) and 16.

(10) In regulation 18(4) (duty to register marriage resulting from conversion), for “a fee of £4.00” substitute “the appropriate fee”.

(11) In regulation 23(2) (searches of indexes of conversion records kept by the Registrar General and issue of copies), for “fee of £9.25” substitute “appropriate fee”.

(12) In regulation 24(2) (searches of indexes of conversion records kept by the superintendent registrar and issue of copies), for “fee of £10.00” substitute “appropriate fee”.

Commencement Information

I8Sch. 2 para. 3 in force at 5.10.2016, see reg. 1

The Registration of Marriages Regulations 2015E+W

4.  In regulation 9(5) of the Registration of Marriages Regulations 2015(50), for “an order under section 31(5F) of the Act”, substitute “regulations made under section 71A of the Act”.

Commencement Information

I9Sch. 2 para. 4 in force at 5.10.2016, see reg. 1

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations consolidate the existing civil registration fees which were previously set out in the instruments and parts of instruments revoked by these Regulations. There are no changes to the existing fee levels.

These Regulations also amend a number of existing regulations which previously contained fees for services or cases which are now listed in these Regulations. The amended Regulations are the Marriage of Same Sex Couples (Registration of Buildings and Appointment of Authorised Persons) Regulations 2014, the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 and the Registration of Marriages Regulations 2015. The fee levels have not been changed.

The amendments to the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 also include the omission of regulations 15 and 16 of those Regulations which were time limited provisions regarding the waiver and reduction of the fee (respectively) for the conversion of a civil partnership into a marriage in circumstances specified in those provisions.

(1)

1855 c. 81. Section 5 was substituted by section 89(1) and (2)(b) of, and paragraph 6 of Part 2 of Schedule 15 to, the Immigration Act 2016 (c. 19).

(2)

Section 43D was inserted by section 4(2) of, and paragraph 2 of Schedule 1 to, the Marriage (Same Sex Couples) Act 2013 (c. 30) and has been amended by section 89(1) and (2)(b) of, and paragraphs 8 and 12 of Part 2 of Schedule 15 to, the Immigration Act 2016.

(3)

Section 71A was inserted by section 89(1) and (2)(a) of, and paragraph 1 of Part 1 of Schedule 15 to, the Immigration Act 2016.

(4)

Section 74(3) was inserted by section 52 of, and paragraphs 1 and 15 of Part 1 of Schedule 4 to, the Immigration Act 2014 (c. 22).

(6)

Section 38A was inserted by section 89(1) and (2)(a) of, and paragraph 2 of Part 1 of Schedule 15 to, the Immigration Act 2016; section 41(1) of the Births and Deaths Registration Act 1953 (c. 20) provides that in that Act, “the Minister” means the Secretary of State.

(7)

Section 39A was inserted by section 56 of, and paragraphs 1 and 17 of Part 1 of Schedule 6 to, the Welfare Reform Act 2009 (c. 24). Sub-sections (1), (2) and (5) have been amended by section 89(1) and (2)(b) of, and paragraphs 21 and 30 of Part 2 of Schedule 15 to, the Immigration Act 2016. Sub-section (5) has also been amended by section 98(1) and (4) of the Deregulation Act 2015 (c. 20). Section 39A will be brought fully into force before these Regulations come into force.

(9)

2004 c. 33. Section 34 was amended by the Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000) and the Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), and by section 89(1) and (2)(a) of, and paragraph 4 of Part 1 of Schedule 15 to, the Immigration Act 2016.

(11)

2013 c. 30. Section 9 was amended by section 99(1) and (3) of the Deregulation Act 2015 and by section 89(1) and (2)(a) of, and paragraph 5 of Part 1 of Schedule 15 to, the Immigration Act 2016.

(12)

Section 65(2) was amended by section 23(1) of, and Schedule 1 to, the Registration Service Act 1953 (c. 37) and by section 89(1) and (2)(b) of, and paragraphs 8 and 17 of Part 2 of Schedule 15 to, the Immigration Act 2016.

(13)

Section 30(2) was amended by section 89(1) and (2)(b) of, paragraphs 21 and 23(a) of Part 2 of Schedule 15 to, the Immigration Act 2016.

(14)

Subsection (1A) was inserted by section 108 of, and paragraph 13 of Schedule 3 to, the Children Act 1975 (c. 72).

(16)

1949 c. 76. Section 27(4) was amended by section 1(7) of, and paragraph 5 of Schedule 1 to, the Marriage Act 1983 (c. 32) and by section 52 of, and paragraphs 1, 2(1) and (3) of Part 1 of Schedule 4 to, the Immigration Act 2014.

(18)

Section 26 was substituted by section 3 of the Marriage (Same Sex Couples) Act 2013.

(19)

Section 31(5A) was inserted by section 160(6) of the Immigration and Asylum Act 1999 (c. 33) and amended by section 52 of, and paragraphs 1, 10(1) and (2)(c) of Part 1 of Schedule 4 to, the Immigration Act 2014.

(20)

Section 43A was inserted by section 4(2) of, and paragraphs 1 and 2 of Schedule 1 to, the Marriage (Same Sex Couples) Act 2013.

(21)

The procedure for applications is set out in regulation 4 of the Marriage of Same Sex Couples (Registration of Buildings and Appointment of Authorised Persons) Regulations 2014 (S.I. 2014/106).

(22)

Section 41 of the 1949 Act provides for the registration of buildings for the solemnization of the marriage of a man and a woman.

(23)

The procedure for a joint application for the registration of a building for the solemnization of marriages between a man and a woman and of same sex couples is set out in regulation 10 of the Marriage of Same Sex Couples (Registration of Buildings and Appointment of Authorised Persons) Regulations 2014.

(24)

Section 45(1) has been amended by section 169(1) of, and paragraphs 3 and 24 of Schedule 14 to, the Immigration and Asylum Act 1999 (c. 33), section 1(2) of the Marriage Ceremony (Prescribed Words) Act 1996 (c. 34), article 2 of, and paragraph 3(1) and (2) of the Schedule to, the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168).

(25)

Section 45A(2) and (3) were inserted by section 1(7) of, and paragraph 11 of Schedule 1 to, the Marriage Act 1983 and has been amended by section 1(2) of the Marriage Ceremony (Prescribed Words) Act 1996.

(26)

Section 64(2) was amended by section 23(1) of, and Schedule 1 to, the Registration Service Act 1953 and section 89(1) and (2)(b) of, and paragraphs 8 and 16 of Part 2 of Schedule 15 to, the Immigration Act 2016.

(27)

Section 65(2) was amended by section 23(1) of, and Schedule 1 to, the Registration Service Act 1953 and by section 89(1) and (2)(b) of, and paragraphs 8 and 17 of Part 2 of Schedule 15 to, the Immigration Act 2016.

(28)

Section 13(2) was amended by section 89(1) and (2)(b) of, and paragraphs 21 and 22 of Part 2 of Schedule 15 to, the Immigration Act 2016.

(29)

Section 30(2) was amended by section 89(1) and (2)(b) of, and paragraphs 21 and 23(a) of Part 2 of Schedule 15 to, the Immigration Act 2016.

(30)

Section 31(2) was amended by section 89(1) and (2)(b) of, and paragraphs 21 and 24 of Part 2 of Schedule 15 to, the Immigration Act 2016.

(31)

1970 c. 34. Section 2(2) applies the provisions in section 27(4) of the 1949 Act (which relate to entries in the marriage notice book) to notices of marriage on the authority of the Registrar General’s licence.

(32)

2004 c. 33. Section 2(1)(a) requires that the civil partnership document be signed in the presence of the civil partnership registrar. The civil partnership document in relation to the special procedure is the Register General’s licence, see section 7(1)(a).

(33)

Section 2(1)(a) requires the civil partnership document to be signed by and in the presence of a civil partnership registrar. The civil partnership document under this procedure is the civil partnership schedule, as per section 7(1)(b). Section 18(3) specifies the procedure for housebound persons.

(34)

Section 19(3) specifies the procedure for detained persons.

(35)

Section 2(3)(b) requires the civil partnership document to be signed by the civil partnership registrar. The civil partnership document under this procedure is the civil partnership schedule, see section 7(1)(b).

(36)

The term “an authorised person” is defined in section 8(6).

(37)

The term “the registration authority” is defined in section 28.

(38)

Section 12(1) was amended by section 52 of, and paragraphs 18 and 23(1) and (2) of Part 2 of Schedule 4 to, the Immigration Act 2014.

(39)

The term “the waiting period” is defined in section 11.

(40)

S.I. 2005/2761. Article 17(1) has been amended by articles 2 and 4(a) of the Civil Partnership (Registration Abroad and Certificates) (Amendment) Order 2012 (S.I. 2012/3063). Article 17(2) has been amended by article 2 and 6 of the Civil Partnership (Registration Abroad and Certificates) (Amendment) Order 2014 (S.I. 2014/1107).

(41)

Notice is required to be given under regulation 17(2) of the Civil Partnership (Registration Abroad and Certificates) Order 2005.

(43)

Conversion of a civil partnership into a marriage under the two stage procedure for conversion on secular premises is carried out in accordance with regulations 10 and 11.

(44)

The first stage of the procedure is provided for by regulation 10. The second stage of the procedure for conversion on secular premises is provided for by regulation 11 and the manner in which the fee for the second stage is to be determined is set out in regulation 11(5).

(45)

Conversion of a civil partnership into a marriage under the two stage procedure for conversion on religious premises is carried out in accordance with regulations 10 and 12.

(46)

Conversion on religious premises refers to a conversion which takes place at any of the places mentioned in regulation 12(1).

(47)

The first stage of the procedure is provided for by regulation 10.

(48)

The second stage of the procedure is provided for by regulation 12.