- Latest available (Revised)
- Point in Time (09/11/2016)
- Original (As enacted)
Point in time view as at 09/11/2016.
Immigration Act 2016, SCHEDULE 15 is up to date with all changes known to be in force on or before 08 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 89
1U.K.Before section 72 of the Marriage Act 1949 (but after the heading of Part 6 of that Act) insert—
(1)The Secretary of State may by regulations provide for fees to be payable to such persons as may be prescribed in respect of—
(a)the giving of notice of a marriage to a superintendent registrar;
(b)an application for the reduction of the waiting period in relation to a notice of marriage (see section 31(5A));
(c)the registration for the solemnization of marriages of a building certified as required by law as a place of religious worship, or the cancellation of such a registration;
(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)the 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)certified 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)such 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)Subsection (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 General 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 instrument.
(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 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 Parliament.
(9)In 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 section.”
Commencement Information
I1Sch. 15 para. 1 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
2U.K.Before section 39 of the Births and Deaths Registration Act 1953 (but after the cross-heading above that section) insert—
(1)The 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)any 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)the 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)specify 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)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 General 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 connection with the registration of births or deaths which are provided—
by or on behalf of the Registrar General, a superintendent registrar or registrar, or
by any other person;
“prescribed” means prescribed in regulations made under this section.”
Commencement Information
I2Sch. 15 para. 2 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
3U.K.After section 19A of the Registration Service Act 1953 insert—
(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, 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)Regulations 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 regulations;
(c)contain 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.”
Commencement Information
I3Sch. 15 para. 3 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
4(1)Section 34 of the Civil Partnership Act 2004 (fees) is amended as follows.U.K.
(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)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 or 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 all of a fee whether by conferring a discretion or otherwise.”
Commencement Information
I4Sch. 15 para. 4 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
5U.K.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)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)The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.”
Commencement Information
I5Sch. 15 para. 5 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
6U.K.For section 5 of the Places of Worship Registration Act 1855 (fee to superintendent registrar) substitute—
(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 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, 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.
(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 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 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 regulations;
(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 subject to annulment in pursuance of a resolution of either House of Parliament.”
Commencement Information
I6Sch. 15 para. 6 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
7U.K.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)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)In 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.”
Commencement Information
I7Sch. 15 para. 7 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
8U.K.The Marriage Act 1949 is amended as follows.
Commencement Information
I8Sch. 15 para. 8 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
9U.K.In section 27 (notice of marriage) omit subsections (6) and (7).
Commencement Information
I9Sch. 15 para. 9 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
10U.K.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)omit subsection (5I).
Commencement Information
I10Sch. 15 para. 10 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
11U.K.In section 41 (registration of buildings: marriage of a man and a woman) omit subsection (6).
Commencement Information
I11Sch. 15 para. 11 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
12U.K.In section 43D (regulations about registration of buildings) in subsection (1), omit “and the fees payable”.
Commencement Information
I12Sch. 15 para. 12 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
13U.K.In 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)omit subsection (2).
Commencement Information
I13Sch. 15 para. 13 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
14U.K.In section 57 (quarterly returns to superintendent registrar) omit subsection (4).
Commencement Information
I14Sch. 15 para. 14 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
15U.K.In section 63 (searches in register books) in subsection (1), omit from “, on payment” to the end.
Commencement Information
I15Sch. 15 para. 15 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
16U.K.In section 64 (searches of indexes kept by superintendent registrars) in subsection (2), omit from “, on payment” to the end.
Commencement Information
I16Sch. 15 para. 16 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
17U.K.In section 65 (searches of indexes kept by Registrar General) in subsection (2), omit from “, on payment” to the end.
Commencement Information
I17Sch. 15 para. 17 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
18U.K.In section 65A (searches and records of information: additional provision) omit subsection (2).
Commencement Information
I18Sch. 15 para. 18 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
19U.K.In section 74 (regulations) in subsection (1)(b), after “this Act” insert “ (other than section 71A) ”.
Commencement Information
I19Sch. 15 para. 19 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
20U.K.In section 78 (interpretation) in subsection (1), in the definition of “prescribed” after “ “prescribed”” insert “ (other than in section 71A) ”.
Commencement Information
I20Sch. 15 para. 20 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
21U.K.The Births and Deaths Registration Act 1953 is amended as follows.
Commencement Information
I21Sch. 15 para. 21 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
22U.K.In 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”.
Commencement Information
I22Sch. 15 para. 22 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
23U.K.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 appropriate fee aforesaid”.
Commencement Information
I23Sch. 15 para. 23 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
24U.K.In section 31 (searches of indexes kept by superintendent registrars) in subsection (2), omit from “, on payment” to the end.
Commencement Information
I24Sch. 15 para. 24 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
25U.K.In section 32 (searches in registers kept by registrars) omit from “, on payment” to the end of paragraph (c).
Commencement Information
I25Sch. 15 para. 25 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
26U.K.In section 33 (short certificate of birth) in subsection (1), omit from “on payment” to “and”.
Commencement Information
I26Sch. 15 para. 26 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
27U.K.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).
Commencement Information
I27Sch. 15 para. 27 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
28U.K.In section 34A (searches and records of information: additional provision) omit subsection (2).
Commencement Information
I28Sch. 15 para. 28 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
29U.K.In section 39 (regulations made by the Registrar General) in paragraph (a), for “and 34A” substitute “ , 34A and 38A ”.
Commencement Information
I29Sch. 15 para. 29 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
30U.K.In 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 ”.
Commencement Information
I30Sch. 15 para. 30 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
31U.K.In section 41 (interpretation) in subsection (1), in the definition of “prescribed”, for “and 10C” substitute “ , 10C and 38A ”.
Commencement Information
I31Sch. 15 para. 31 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
32U.K.Omit section 16 of the Registration Service Act 1953 (general provision as to fees).
Commencement Information
I32Sch. 15 para. 32 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
33U.K.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 of the Births and Deaths Registration Act 1953.”
Commencement Information
I33Sch. 15 para. 33 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
34U.K.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)omit 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)in 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)omit the entry for the Places of Worship Registration Act 1855.
Commencement Information
I34Sch. 15 para. 34 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
35U.K.Omit section 17 of the Marriage (Registrar General's Licence) Act 1970 (fees).
Commencement Information
I35Sch. 15 para. 35 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
36(1)Section 124 of the Social Security Administration Act 1992 (provisions relating to age, death and marriage) is amended as follows.U.K.
(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)In 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 1949 or section 9 of the Marriage (Same Sex Couples) Act 2013.”
Commencement Information
I36Sch. 15 para. 36 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
37(1)Section 564 of the Education Act 1996 (certificates of birth and registrars' returns) is amended as follows.U.K.
(2)In 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 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 Deaths Registration Act 1953” substitute “ that Act ”.
Commencement Information
I37Sch. 15 para. 37 in force at 12.7.2016 by S.I. 2016/603, reg. 3(w)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: