Immigration Bill (HL Bill 109)

(d) the authorisation of a person to be present at the
solemnization of marriages in such a building;

(e) the presence of a superintendent registrar or registrar at a
marriage (except in a case falling within section 51(1A));

(f) 5the delivery under section 57(1) of a certified copy of entries
in a marriage register book;

(g) the carrying out of a search of—

(i) any marriage register book,

(ii) any index kept in relation to such a book, or

(iii) 10certified copies of entries in such a book;

(h) the provision of a certified copy, or other record of
information, relating to an entry in a marriage register book;

(i) the issue of the Registrar General’s licence under section 7 of
the Marriage (Registrar General’s Licence) Act 1970;

(j) 15such other marriage services as may be prescribed.

(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) 20Subsection (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
25General in prescribed circumstances.

(5) The regulations may provide for the reimbursement, 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
30instrument.

(7) Regulations under this section may—

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

(b) contain such consequential, incidental, supplemental and
35transitional 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.

(9) 40In this section—

• “marriage services” means services in connection with
  marriages which are provided by or on behalf of the Registrar
  General, a superintendent registrar or registrar;

• “prescribed” means prescribed in regulations made under this
  45section.”

Births and Deaths Registration Act 1953 (c. 20)

2 Before section 39 of the Births and Deaths Registration Act 1953 (but after the
cross-heading above that section) insert—

“38A Fees

(1) 5The Minister may by regulations provide for fees to be payable to
such persons as may be prescribed in respect of—

(a) the issue of a certificate under section 13(2);

(b) the carrying out of a search of—

(i) any register of births or register of deaths,

(ii) 10any index kept in relation to such a register, or

(iii) certified copies of entries in such a register;

(c) the provision of a certified copy, or other record of
information, relating to an entry in a register of births or a
register of deaths;

(d) 15the provision of a short certificate of birth or a short certificate
of death (see sections 33 and 33A);

(e) such other birth or death registration services as may be
prescribed.

(2) Regulations under this section may—

(a) 20specify 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 or registrar.

(4) 25The 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
General in prescribed circumstances.

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

(6) In this section—

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

  (a)

  35by or on behalf of the Registrar General, a
  superintendent registrar or registrar, or

  (b)

  by any other person;

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

40Registration 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) The 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) specify the amount of any fee payable under the regulations,
5or

(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) Regulations under this section must be made by statutory
10instrument.

(5) 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) 15contain such consequential, incidental, supplemental and
transitional provision as the Minister considers appropriate.

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

20Civil Partnership Act 2004 (c. 33)

4 (1) Section 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) 25specify the amount of any fee payable under the order, or

(b) set 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
30or determined in accordance with the order to be payable by the
registration 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
35all of a fee whether by conferring a discretion or otherwise.”

Marriage (Same Sex Couples) Act 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
40for a fee to be payable to a superintendent registrar or registrar.

(5B) The 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) 5The regulations may provide for the reduction, waiver or refund of
part 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)

6 10For section 5 of the Places of Worship Registration Act 1855 (fee to
superintendent 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
15respect 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) 20set 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
25payable 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
30instrument.

(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) 35contain 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
40Parliament.”

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) the existing text becomes subsection (1),

(b) 5in 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
10to 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)

8 15The 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)—

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

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

(c) 20omit subsection (5I).

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

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

13 25In 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) 30omit subsection (2).

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

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

16 35In section 64 (searches of indexes kept by superintendent registrars) in
subsection (2), omit from “, on payment” to the end.

17 In 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)
40omit subsection (2).

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

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

22 5In 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
10appropriate 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 15In section 33 (short certificate of birth) in subsection (1), omit from “on
payment” to “and”.

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) 20omit subsection (3).

28 In 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 25In 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”.

31 30In section 41 (interpretation) in subsection (1), in the definition of
“prescribed”, for “and 10C” substitute “, 10C and 38A”.

Registration Service Act 1953 (c. 37)

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

35Factories Act 1961 (c. 34)

33 In 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
5of the Births and Deaths Registration Act 1953.”

Public Expenditure and Receipts Act 1968 (c. 14)

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

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

(b) 10omit 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) 15in 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) 20omit the entry for the Places of Worship Registration Act 1855.

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)

36 (1) Section 124 of the Social Security Administration Act 1992 (provisions
25relating 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) 30In 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
  351949 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) 40In 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
  5a 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”.