Immigration Bill (HC Bill 96)

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(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) 5Subsection (4) applies where the regulations provide for a fee to be
payable to a superintendent registrar or 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 or registrar to the Registrar
10General in prescribed circumstances.

(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) In this section—

  • “birth or death registration services” means services in
    15connection with the registration of births or deaths which are
    provided—

    (a)

    by or on behalf of the Registrar General, a
    superintendent registrar or registrar, or

    (b)

    by any other person;

  • 20“prescribed” means prescribed in regulations made under this
    section.”

Registration Service Act 1953 (c. 37)Registration Service Act 1953 (c. 37)

3 After section 19A of the Registration Service Act 1953 insert—

19B Fees in respect of provision of copies of records etc

(1) 25The Minister may by regulations provide for fees to be payable to the
Registrar General in respect of the provision by the Registrar General
to any persons of copies or other records of any information held by
the Registrar General.

(2) The regulations may—

(a) 30specify the amount of any fee payable under the regulations,
or

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

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

(4) 35Regulations under this section must be made by statutory
instrument.

(5) Regulations under this section may—

(a) make different provision for different cases;

(b) provide for exemptions from any of the provisions of the
40regulations;

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

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

Civil Partnership Act 2004 (c. 33)Civil Partnership Act 2004 (c. 33)

4 (1) 5Section 34 of the Civil Partnership Act 2004 (fees) is amended as follows.

(2) In subsection (1), omit “, of such amounts as may be specified in the order,”.

(3) After subsection (1) insert—

(1A) An order under this section may—

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

(b) 10set out how such a fee is to be determined.

(1B) Subsection (1C) applies where the order provides for a fee to be
payable to a registration authority.

(1C) The order may provide for such part of the fee as may be specified by
or determined in accordance with the order to be payable by the
15registration authority to the Registrar General in such circumstances
as may be prescribed by the order.”

(4) For subsection (2) substitute—

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

20Marriage (Same Sex Couples) Act 2013 (c. 30)2013 (c. 30)

5 In section 9 of the Marriage (Same Sex Couples) Act 2013 (conversion of civil
partnership into marriage) after subsection (5) insert—

(5A) Subsection (5B) applies where regulations under this section provide
for a fee to be payable to a superintendent registrar or registrar.

(5B) 25The regulations may provide for such part of the fee as may be
specified in or determined in accordance with the regulations to be
payable by the superintendent registrar or registrar to the Registrar
General in such circumstances as may be set out in the regulations.

(5C) The regulations may provide for the reduction, waiver or refund of
30part or all of a fee whether by conferring a discretion or otherwise.”

Part 2 Consequential and related amendments

Places of Worship Registration Act 1855 (c. 81)Places of Worship Registration Act 1855 (c. 81)

6 For section 5 of the Places of Worship Registration Act 1855 (fee to
35superintendent registrar) substitute—

5 Fees

(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

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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,
5or

(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
10specified 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) 15Regulations 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
20regulations;

(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
25subject to annulment in pursuance of a resolution of either House of
Parliament.”

Savings Banks Act 1887 (c. 40)Savings Banks Act 1887 (c. 40)

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

(a) 30the 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) 35In 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.”

40Marriage Act 1949 (c. 76)Marriage Act 1949 (c. 76)

8 The Marriage Act 1949 is amended as follows.

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

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

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

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

(c) omit subsection (5I).

11 In section 41 (registration of buildings: marriage of a man and a woman)
5omit subsection (6).

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

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

(a) for the heading substitute “Fees of superintendent registrars for
10attending 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).

14 In section 57 (quarterly returns to superintendent registrar) omit subsection
15(4).

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

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

17 20In section 65 (searches of indexes kept by Registrar General) in subsection
(2), omit from “, on payment” to the end.

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

19 In section 74 (regulations) in subsection (1)(b), after “this Act” insert “(other
25than section 71A)”.

20 In 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)Births and Deaths Registration Act 1953 (c. 20)

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

22 30In 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”.

23 In 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
35appropriate fee aforesaid”.

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

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

26 40In section 33 (short certificate of birth) in subsection (1), omit from “on
payment” to “and”.

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27 In 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).

28 5In section 34A (searches and records of information: additional provision)
omit subsection (2).

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

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

(a) 10in 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”.

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

Registration Service Act 1953 (c. 37)Registration Service Act 1953 (c. 37)

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

Factories Act 1961 (c. 34)Factories Act 1961 (c. 34)

33 20In 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) 25In 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)Public Expenditure and Receipts Act 1968 (c. 14)

34 30In 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
351953,

(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) 40in 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.

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

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

Social Security Administration Act 1992 (c. 5)Social Security Administration Act 1992 (c. 5)

36 (1) Section 124 of the Social Security Administration Act 1992 (provisions
5relating 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) 10In 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
    151949 or section 9 of the Marriage (Same Sex Couples) Act
    2013.”

Education Act 1996 (c. 56)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) 20In 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
    25registrar 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
30Deaths Registration Act 1953” substitute “that Act”.