Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) (Amendment) Regulations 2017 and come into force on 1st November 2017.

(2) In these Regulations, "the Fees Regulations" means the Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016(5).

Amendment of the Fees Regulations

2.-(1) The Fees Regulations are amended as follows.

(2) For regulation 3(2) substitute-

"(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.".

(3) After regulation 3 insert-

"Transmission of part of fees to Registrar General

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 £58.00;

(b)category B fee, a part in the amount of £47.00;

(c)category C fee, a part in the amount of £40.00.

(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-

"category A fee" means-

of the table in Schedule 1;

"category B fee" means-

of the table in Schedule 1;

"category C fee" means-

of the table in Schedule 1.(6)."(6).

(4) The Schedule (amendments to the table in Schedule 1 to the Fees Regulations) has effect.

Amendment of the Civil Partnership (Registration Provisions) Regulations 2005

3.  In the Civil Partnership (Registration Provisions) Regulations 2005(7), in regulation 7(4) (applications to the Registrar General to shorten the waiting period), omit "and fee prescribed under section 34(1) of the 2004 Act".

Amendment of the Proposed Marriages and Civil Partnerships (Waiting Period) Regulations 2015

4.  In the Proposed Marriages and Civil Partnerships (Waiting Period) Regulations 2015(8), in regulation 2(3), for "an order made under section 31(5F) of the 1949 Act", substitute "regulations made under section 71A of the 1949 Act".

Amendment of the Registration of Marriages Regulations 2015

5.  In the Registration of Marriages Regulations 2015(9), in regulation 9(2) (application to reduce the 28 day waiting period), omit "and the fee paid".

Regulation 2(4)

SCHEDULEAmendments to the table in Schedule 1 to the Fees Regulations

1.  The table in Schedule 1 to the Fees Regulations is amended as follows.

2.  In row 4 (application to reduce the 28 day waiting period)-

(a)in column 3, for "£28.00" substitute "£60.00";

(b)in column 4, for "The Registrar General" substitute "The superintendent registrar".

3.  In row 7, in column 1, at the end insert ", as modified by regulation 10 of the Marriage of Same Sex Couples (Registration of Buildings and Appointment of Authorised Persons) Regulations 2014(10)".

4.  In row 12, for the entry in column 4 substitute "The parochial church council of the parish or, within the meaning of regulation 8 of the Marriage (Authorised Persons) Regulations 1952(11), the authorised person with custody of the marriage register book".

5.  After row 12, insert-

6.  In row 13, in the entry in column 4, for "incumbent" (in both places) substitute "parochial church council of the parish".

7.  After row 16, insert-

8.  After row 17, insert-

9.  In row 22 (short certificate of birth obtained under section 33(1) of the Births and Deaths Registration Act 1953)-

(a)in column 2, omit entry (a) and the corresponding entries in columns 3 and 4;

(b)in column 2, in entry (b), for "Any other" substitute "A".

10.  After row 22, insert-

11.  After row 25, insert-

12.  In column 3 of row 34 (application to shorten the waiting period in relation to a notice of proposed civil partnership under section 12(1) of the Civil Partnership Act 2004(21))-

(a)in column 3, for "£28.00" substitute "£60.00";

(b)in column 4, for "The Registrar General" substitute "The registration authority".

13.  After row 37, insert-

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911) ("the Fees Regulations"), as well as the Civil Partnership (Registration Provisions) Regulations 2005 (S.I. 2005/3176), the Proposed Marriages and Civil Partnerships (Waiting Period) Regulations 2015 (S.I. 2015/159) and the Registration of Marriages Regulations 2015 (S.I. 2015/207).

These Regulations increase one fee prescribed by the Fees Regulations and introduce new fees for specified registration services.

The fee which is being increased is as follows:

• Reduction in the Marriage/Civil Partnership 28 day notice period (from £28.00 to £60.00).

The new fees which are being introduced are as follows:

• A correction to an entry in a register book;

• Opinion letter following consideration of documents provided from outside the British Isles as evidence of the ending of a previous marriage or civil partnership;

• Letter provided by the Registrar General confirming no record of a marriage or a civil partnership entry in England and Wales has been found within a 10 year search period;

• A first short birth certificate;

• Registration of a name of a child or alteration of a name.

The fees are being set at full cost recovery levels.

The Fees Regulations are also amended to include a discretion for part or all of a fee to be reduced, waived or refunded, and to require part of specified fees received by the superintendent registrar, registrar or registration authority to be paid over to the Registrar General.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.