Annex A Tables of Burdens

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					Tables of Burdens                                                                                        Annex A




Annex A Tables of Burdens
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Chapter 2           Birth, death and still-birth registration                                            174
2.2                 Registration of births                                                               174
2.3                 Registration of still-births                                                         177
2.4                 Registration of deaths                                                               180


Chapter 3           Marriage                                                                             182
3.3.1               Giving notice of intention to marry                                                  182
3.3.45              Issue of superintendent registrar’s authority                                        186
3.4.1               Venue for marriage                                                                   190
3.4.62              Form of marriage ceremony and officials                                              194
3.4.91              Registration of marriage                                                             197
3.5                 Marriages of the housebound and detained                                             201
3.6                 Marriage following the issue of a Registrar General’s Licence                        205
3.7                 Marriage according to the rites and ceremonies of the Church of England              210
3.7                 Marriage according to the rites and ceremonies of the Church in Wales                217
3.9                 Miscellaneous provisions                                                             220


Chapter 5           ‘Through life’ records                                                               222
5.2                 ‘Through life’ records                                                               222
5.3                 Updating and correcting records                                                      226


Chapter 6           Privacy and access to registration records                                           228
6.2 and 6.3         Classification and computerisation, central database and records management          228
6.4                 Access                                                                               230
6.5                 Data sharing and data transfer                                                       236
6.6                 Historic records                                                                     237


Chapter 7           The registers                                                                        238
7.3                 Existing registers                                                                   238


Chapter 8           Overseas and other records                                                           242
8.2 and 8.3         Overseas and miscellaneous records                                                   242


Chapter 9           Statistics                                                                           244

Chapter 10          Organisation                                                                         246

Chapter 11          Finance and charges                                                                  249


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174



      Chapter 2 Birth, death and still-birth registration




                                                                                                                                                                                                                                       Annex A
      2.2 Registration of births
      Burdens removed or reduced

      Legislation Births and Deaths   Burdens imposed by legislation                                                                                       Would the proposal remove any necessary         Would the proposal
      Registration Act 1953                                                                                                                                protection?                                     prevent anyone
                                                                                                                                                                                                           exercising a right or
                                                                                                                                                                                                           freedom?
      S1                              Requirement on birth informant to attend the office of a registrar to give information for the registration of a     No. The protection offered by the current       No. While alternative
                                      birth. Requirement on registrar to keep registers for the purpose of making registrations.                           birth notification system from the NHS          means of registering
                                                                                                                                                           would be retained.                              would be offered, the
                                                                                                                                                                                                           freedom to attend a local
                                                                                                                                                                                                           register office would be
                                                                                                                                                                                                           retained.

      S2                              Requirement for informant to sign the register in the presence of the registrar.                                     No. Verification of identity of the informant   No.
                                                                                                                                                           will be done using the Government’s
                                                                                                                                                           Authentication Framework.
      S4                              Requirement for personal attendance of an informant at the office of the registrar and to sign the register in the   No. Verification of identity of the informant   No.
                                      presence of the registrar.                                                                                           will be done using the Government’s
                                                                                                                                                           Authentication Framework.
      S6                              Requirement on birth informant to make a declaration before a superintendent registrar of the particulars to be      No. It would be possible to register but        No.
                                      registered where the registration is to take place more than three months but less than twelve months from the       without the need to make any additional
                                      date of birth.                                                                                                       declaration
      S7                              Authority of the Registrar General for the registration of a birth after twelve months to be in writing.             No. Authority will still be required but may    No.
                                                                                                                                                           be in electronic format.
      S8                              Penalty for improper registration of birth between three and twelve months from the date of birth other than as      No. This penalty applies to a specific          No.
                                      provided.                                                                                                            procedure which would be dispensed with.
      S9                              Requirement for birth informant to make a declaration before a registrar other than the registrar for the area       No. It would be possible to give the            No.
                                      where the birth occurred for transmission to registrar of area where birth occurred.                                 information to register the birth at any
                                                                                                                                                           register office in England or Wales.
      S10 (1) (a)                     Requirement for unmarried parents to attend together before a registrar to enable the father’s details to be         No. The inclusion of the father’s details       No.
                                      recorded in the birth entry.                                                                                         would still be subject to verification by the
                                                                                                                                                           mother.
      S10 (1) (b)                     Requirement for mother to make a declaration and to produce a statutory declaration made by the father to            No. There would continue to be a need for       No.
                                      enable his details to be recorded where the parents are not married.                                                 the father and the mother to confirm the
                                                                                                                                                           father’s details.
      S10 (1) (c)                     Requirement for the father to take a declaration and to produce a statutory declaration made by the mother to        No. There would continue to be a need for       No.




                                                                                                                                                                                                                                       Tables of Burdens
                                      enable the father’s details to be recorded where the parents are not married.                                        the father and the mother to confirm the
                                                                                                                                                           father’s details.
      Chapter 2 Birth, death and still-birth registration




                                                                                                                                                                                                                                    Tables of Burdens
      2.2 Registration of births
      Burdens removed or reduced

      Legislation Births and Deaths   Burdens imposed by legislation                                                                                        Would the proposal remove any necessary   Would the proposal
      Registration Act 1953                                                                                                                                 protection?                               prevent anyone
                                                                                                                                                                                                      exercising a right or
                                                                                                                                                                                                      freedom?
      S12                             Issue by registrar of certificate of registration of birth on request of the informant.                               No.                                       No. A print of the details
                                                                                                                                                                                                      recorded would be
                                                                                                                                                                                                      available as well as access
                                                                                                                                                                                                      to the record by
                                                                                                                                                                                                      authorised users
      S13                             Restriction on provision for change of child’s forename to be recorded if changed within one year of                  No.                                       No. New provision for
                                      registration.                                                                                                                                                   change of name at any
                                                                                                                                                                                                      age would be introduced
      S14(2)                          Requirement for the personal attendance of the parents for the re-registration of the birth of a legitimated          No.                                       No.
                                      person to be made.
      S25                             Provision of registers and forms by the Registrar General.                                                            No.                                       No.
       S26 (1)                        Registrar to make and deliver quarterly to the superintendent registrar copies of all entries in birth registers or   No.                                       No.
                                      certificate to the effect that no entries have been made.
      S26 (2)                         Requirement for superintendent registrar to verify and certify copies of entries or countersign nil return            No.                                       No.
                                      certificate.
      S27                             Requirement for superintendent registrars to forward, quarterly, certified copies of all entries in birth registers   No.                                       No.
                                      to the Registrar General.
      S28(1)–(2)                      Registrars to keep safely all registers in their custody and when not in use keep them in the register box            No.                                       No.
                                      provided by the Registrar General. Completed registers to be delivered to the superintendent registrar to be
                                      kept by him with the records of his office.
      S28(4)                          Registrar General to keep all certified copies at the General Register Office.                                        No.                                       No.




                                                                                                                                                                                                                                    Annex A
175
176



      Chapter 2 Birth, death and still-birth registration




                                                                                                                                                                                                                                            Annex A
      2.2 Registration of births
      Proposals introducing burdens

      Proposals                Would the               Would the               Would the            Would the new burden be proportionate to the             Would the proposal      Would the extent to which the order removes or
                               proposal impose         proposal remove         proposal prevent     benefit?                                                 strike a fair balance   reduces burdens make it desirable for the RRO
                               or remove a             any necessary           anyone from                                                                   between the             to be made?
                               burden?                 protection?             exercising a right                                                            interests of those
                                                                               or freedom?                                                                   affected and the
                                                                                                                                                             public?
      To provide the           A new burden            No. The current         No. The current      Yes. There would be benefit to the public of choice of   Yes. This proposal is   Yes. We consider the proposed system for the
      facility for the         would be placed on      validation checks       local service        service access. The service would also be available      primarily aimed an      registration of births to be overall less burdensome
      registration of births   the Registrar           against NHS birth       provision would be   beyond normal office opening hours, seven days a         enhancing the public    than the present system. It makes best use of
      by use of the            General to provide      notifications would     retained.            week. There would also be a reduced burden on the        service while           information technology and replaces an outdated,
      Internet or by           and support the         be maintained. The                           current local service provision.                         reducing the costs to   paper based system.
      phone.                   necessary technical     identity of the                                                                                       the public purse of
                               environment with        informant currently                                                                                   securing a birth
                               help facilities and     verified by his or                                                                                    registration.
                               the trained staff to    her signature will be
                               accept telephone        replaced using the
                               registrations. Also     Government
                               there would be a        Authentication
                               new burden on staff     Framework.
                               registering centrally
                               in regard to the
                               offence of refusal or
                               failure to register.




                                                                                                                                                                                                                                            Tables of Burdens
                                                                                                                                                                                                                                      Tables of Burdens
      Chapter 2 Birth, death and still-birth registration
      2.3 Registration of still-births
      Burdens removed or reduced

      Legislation Births and Deaths   Burdens imposed by legislation                                                                                            Would the proposal remove any                 Would the proposal
      Registration Act 1953                                                                                                                                     necessary protection?                         prevent anyone
                                                                                                                                                                                                              exercising a right or
                                                                                                                                                                                                              freedom?
      S1                              Requirement on still- birth informant to attend the office of a registrar to give information for the registration of a   No. The protection offered by the current     No.
                                      still-birth.                                                                                                              legislation would remain in place.
      S2                              Requirement for informant to sign the register in the presence of the registrar.                                          No. Verification of identity of the           No.
                                                                                                                                                                informant will be done using the
                                                                                                                                                                Government’s Authentication
                                                                                                                                                                Framework.

      S4                              Requirement for personal attendance of an informant at the office of the registrar and to sign the register in the        No. Verification of identity of the           No.
                                      presence of the registrar.                                                                                                informant will be done using the
                                                                                                                                                                Government’s Authentication
                                                                                                                                                                Framework.

      S6 (4)                          Limits period during which still-birth may be registered to three months from the date of the still-birth.                No. The protection offered by the current     No.
                                                                                                                                                                legislation would remain in place.
      S7 (3)                          Restricts registration after twelve months on the authority of the Registrar General to births thereby denying this       No. Requirements for production of            No.
                                      facility in the case of a still-birth.                                                                                    evidence to the Registrar General
                                                                                                                                                                contained in subordinate legislation
                                                                                                                                                                would be retained.
      S9                              Requirement for still-birth informant to make a declaration before a registrar other than the registrar for the area      No. It would be possible to give the          No.
                                      where the still-birth occurred for transmission to registrar of area where still-birth occurred.                          information to register the still- birth at
                                                                                                                                                                any register office in England or Wales.

      S10 (1) (a) and                 Requirement for unmarried parents to attend together before a registrar to enable the father’s details to be              Yes. The protection offered by the need       No.
      S10A (1) (a)                    recorded in the still-birth entry.                                                                                        for both parents to confirm paternity
                                                                                                                                                                would be removed.

      S10 (1) (b) and                 Requirement for mother to make a declaration and to produce a statutory declaration made by the father to                 Yes. The protection offered by the need       No.
      S10A (1) (b)                    enable his details to be recorded where the parents are not married.                                                      for both parents to confirm paternity
                                                                                                                                                                would be removed.

      S10 (1) (c) and                 Requirement for the father to make a declaration and to produce a statutory declaration made by the mother to             Yes. The protection offered by the need       No.
      S10A (1) (c)                    enable the father’s details to be recorded where the parents are not married.                                             for both parents to confirm paternity
                                                                                                                                                                would be removed.
      S11(a)                          Requirement for production of a signed still-birth certificate.                                                           No. The certification would continue but      No.
                                                                                                                                                                allow for electronic transfer between the
                                                                                                                                                                doctor/midwife and registration officer.




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178



      Chapter 2 Birth, death and still-birth registration




                                                                                                                                                                                                                                Annex A
      2.3 Registration of still-births
      Burdens removed or reduced

      Legislation Births and Deaths   Burdens imposed by legislation                                                                                              Would the proposal remove any   Would the proposal
      Registration Act 1953                                                                                                                                       necessary protection?           prevent anyone
                                                                                                                                                                                                  exercising a right or
                                                                                                                                                                                                  freedom?
      S12                             Issue by registrar of certificate of registration of still-birth on request of the informant.                               No.                             No. A print of the details
                                                                                                                                                                                                  recorded would be
                                                                                                                                                                                                  available as well as access
                                                                                                                                                                                                  to the record by
                                                                                                                                                                                                  authorised users.
      S13                             Restriction on provision for addition or change of child’s name to births only.                                             No.                             No. New provision for
                                                                                                                                                                                                  addition and change of
                                                                                                                                                                                                  name at any age would
                                                                                                                                                                                                  be introduced.
      S25                             Provision of registers and forms by the Registrar General.                                                                  No.                             No.

      S26 (1)                         Registrar to make and deliver quarterly to the superintendent registrar copies of all entries in still-birth registers or   No.                             No.
                                      certificate to the effect that no entries have been made.
      S26 (2)                         Requirement for superintendent registrar to verify and certify copies of entries or countersign nil return certificate.     No.                             No.
      S27                             Requirement for superintendent registrars to forward, quarterly, certified copies of all entries in still-birth registers   No.                             No.
                                      to the Registrar General.
      S28(1) &(3)                     Registrars to keep safely all registers in their custody and when not in use keep them in the register box provided         No.                             No.
                                      by the Registrar General. Registrar to send completed registers to the superintendent registrar for forwarding to
                                      the Registrar General.




                                                                                                                                                                                                                                Tables of Burdens
      Chapter 2 Birth, death and still-birth registration




                                                                                                                                                                                                                                                 Tables of Burdens
      2.3 Registration of still-births
      Proposals introducing burdens

      Proposals                Would the              Would the               Would the              Would the new burden be proportionate to the               Would the proposal           Would the extent to which the order removes
                               proposal impose        proposal remove         proposal prevent       benefit?                                                   strike a fair balance        or reduces burdens make it desirable for the
                               or remove a            any necessary           anyone from                                                                       between the interests        RRO to be made?
                               burden?                protection?             exercising a right                                                                of those affected and
                                                                              or freedom?                                                                       the public?
      To provide the           A new burden           No. The current         No. The current        Yes. There would be benefit to the public of choice        Yes. This proposal is        Yes. We consider the proposed system for the
      facility for the         would be placed on     validation checks       local service          of service access without the need to travel to the        primarily aimed at           registration of still-births to be overall less
      registration of still-   the Registrar          will be retained.       provision would be     office of a registrar. The service would also be           enhancing the public         burdensome than the present system. It makes
      births by use of the     General to provide     The identify of the     retained.              available well beyond normal office opening hours,         service while reducing       best use of information technology and replaces
      Internet or by           and support the        informant currently                            seven days a week. There would also be a reduced           the costs to the public      an outdated, paper-based system.
      phone.                   necessary technical    verified by his or                             burden on the current local service provision.             purse of securing a still-
                               environment with       her signature will be                                                                                     birth registration.
                               help facilities and    replaced using the
                               the trained staff to   Government’s
                               accept telephone       Authentication
                               registrations.         Framework.
      To accept a still-       There will be an       No. This proposal       No. The provision      Yes. It is estimated that this proposal will effect some   Yes. It is in the public     Does not remove a burden but strengthens
      birth registration       additional burden      strengthens the         to register a still-   fifty cases each year but the increased protection to      interest that the            protection of life which is in the broader public
      only on production       on the informant,      safeguards in respect   birth will remain.     human life will be proportionate.                          protection of human life     interest.
      of a medical             the registration       of the protection of                                                                                      is maximised.
      certificate of cause     officer and coroner    life.
      of still-birth issued    in those cases where
      by a registered          no MCCSB is
      medical                  issued. The burden
      practitioner,            on the informant of
      registered midwife       having to obtain a
      or on receipt of a       MCCSB or await
      coroner’s certificate.   the outcome of a
                               coroner’s enquiry
                               will be offset to
                               some extent by not
                               having to make a
                               statutory
                               declaration.

      Record of disposal       This would impose      No.                     No.                    Yes. This system already operates for deaths ensuring      Yes.                         Yes.
      to be returned to        a burden on                                                           proper disposal takes place.
      the registering          cremation and
      authority.               burial authorities
                               and registration
                               authorities.




                                                                                                                                                                                                                                                 Annex A
179
180



      Chapter 2 Birth, death and still-birth registration




                                                                                                                                                                                                                                  Annex A
      2.4 Registration of deaths
      Burdens removed or reduced

      Legislation Births and Deaths   Burdens imposed by legislation                                                                                            Would the proposal remove any             Would the proposal
      Registration Act 1953                                                                                                                                     necessary protection?                     prevent anyone
                                                                                                                                                                                                          exercising a right or
                                                                                                                                                                                                          freedom?
      S15                             Requirement on death informant to attend the office of a registrar to give information for the registration of a          No. The protection offered by the         No.
                                      death.                                                                                                                    current legislation would remain in
                                                                                                                                                                place.

      S16                             Burden on certain persons not currently qualified to register a death that takes place in a house.                        No. The protection offered by the         No.
                                                                                                                                                                current legislation would remain in
                                                                                                                                                                place.
      S17                             Burden on certain persons not currently qualified to register a death that takes place elsewhere than in a house.         No. The protection offered by the         No.
                                                                                                                                                                current legislation would remain in
                                                                                                                                                                place.

      S21                             Authority of the Registrar General for the registration of a death after twelve months to be in writing.                  No. Authority will continue to be         No.
                                                                                                                                                                required but may be in electronic
                                                                                                                                                                format.

      S22(1) & (4)                    Medical certificate of cause of death to be printed forms signed by the doctor.                                           No. The certificate will continue to be   No.
                                                                                                                                                                required but may be in electronic
                                                                                                                                                                format.
      S23(3)                          Coroner’s certificate to be issued under the hand of the coroner.                                                         No.                                       No.

      S23A                            Requirement for death informant to make a declaration before a registrar other than the registrar for the area where      No. The evidence of the fact of the       No.
                                      the death occurred for transmission to the registrar for the area where the death occurred.                               death and its cause will continue to be
                                                                                                                                                                required.

      S25                             Provision of registers and forms by the Registrar General.                                                                No.                                       No.

      S26 (1)                         Registrar to make and deliver quarterly to the superintendent registrar copies of all entries in death registers or       No.                                       No.
                                      certificate to the effect that no entries have been made.

      S26 (2)                         Requirement for superintendent registrar to verify and certify copies of entries or countersign nil return certificate.   No.                                       No.
      S27                             Requirement for superintendent registrars to forward, quarterly, certified copies of all entries in death registers to    No.                                       No.
                                      the Registrar General.

      S28(1)–(2)                      Registrars to keep safely all registers in his custody and when not in use keep them in the register box provided by      No.                                       No.




                                                                                                                                                                                                                                  Tables of Burdens
                                      the Registrar General. Completed registers to be delivered to the superintendent registrar to be kept by him with
                                      the records of his office.
      S28(4)                          Registrar General to keep all certified copies at the General Register Office.                                            No.                                       No.
      S31(2), 31(2) and 32            Provides only for the issue of a certified copy of the death record including cause of death.                             No.                                       No.

      S41                             Definition of ‘relative’ for the purpose of registering a death excludes the partner of the deceased.                     No.                                       No.
                                                                                                                                                                                                                                           Tables of Burdens
      Chapter 2 Birth, death and still-birth registration
      2.4 Registration of deaths
      Proposals introducing burdens

      Proposals              Would the              Would the                Would the            Would the new burden be proportionate to the               Would the proposal          Would the extent to which the order removes
                             proposal impose        proposal remove          proposal prevent     benefit?                                                   strike a fair balance       or reduces burdens make it desirable for the
                             or remove a            any necessary            anyone from                                                                     between the interests of    RRO to be made?
                             burden?                protection?              exercising a right                                                              those affected and the
                                                                             or freedom?                                                                     public?
      To provide the         A new burden           No. The current          No. The current      Yes. There would be benefit to the public of choice of     Yes. This proposal is       Yes. We consider the proposed system for the
      facility for the       would be placed on     validation checks        local service        service access without the need to travel to the office    primarily aimed at          registration of deaths to be overall less
      registration of        the Registrar          against the medical      provision would be   of a registrar. The service would also be available well   enhancing the public        burdensome than the present system. It makes
      deaths by use of the   General to provide     certificate of cause     retained.            beyond normal office opening hours, seven days a           service while reducing      best use of information technology and replaces
      Internet or by         and support the        of death (MCCD)                               week. There would also be a reduced burden on the          the costs to the public     an out-dated, paper-based system.
      phone.                 necessary technical    will be retained. The                         current local service provision.                           purse of securing a death
                             environment with       identity of the                                                                                          registration.
                             help facilities and    informant currently
                             the trained staff to   verified by his or her
                             accept telephone       signature will be
                             registrations.         replaced using the
                                                    Government’s
                                                    Authentication
                                                    Framework.




                                                                                                                                                                                                                                           Annex A
181
182



      Chapter 3 Marriages




                                                                                                                                                                                                                                            Annex A
      3.3.1 Giving notice of intention to marry
      Burdens removed or reduced – Giving notice of intention to marry
      Legislation            Burdens imposed by legislation                                                         Would the proposal remove any necessary                   Would the proposal prevent anyone exercising a right
                                                                                                                    protection?                                               or freedom?
      Marriage Act 1949,     Requirement for notice of marriage to be given to local superintendent                 No: there would continue to be a requirement for          No: there are no rights or freedoms at issue.
      S27(1)(a) - (b)        registrar.                                                                             notice of marriage to be given, but to any
                                                                                                                    registration authority, so that a person’s identity and
                                                                                                                    legal capacity to marry could be established.
      Marriage Act 1949,     Requirement on superintendent registrar to retain notice forms and to enter            No: there would still be a requirement for notices to     Yes: those who use marriage notice books to search for
      S27(4)                 details in marriage notice book.                                                       be publicised locally. Notices would also be              details of couples who are marrying would no longer be
                                                                                                                    publicised on the General Register Office website.        able to do so. They would however, be able to make
                                                                                                                                                                              similar searches by other means eg local website or via the
                                                                                                                                                                              General Register Office website. Those who do not have
                                                                                                                                                                              access to the internet could request information from the
                                                                                                                                                                              marriage notice database either locally or centrally.
      Marriage Act 1949,     Requirement on those marrying in a registered building who require the                 No: couples would no longer marry in registered           No: there are no rights or freedoms at issue.
      S27(5)                 presence of a registrar to inform the superintendent registrar when giving             buildings or require the presence of a registrar.
                             notice.                                                                                Instead, all marriages would take place in the
                                                                                                                    presence of a civil or religious celebrant.

      Marriage Act 1949,     Requirement on superintendent registrars and registrars to attest declaration          No: the declaration would still need to be made by        No: there are no rights or freedoms at issue.
      S28(2)                 made by person giving notice.                                                          person giving notice, but would be attested before
                                                                                                                    someone acting on behalf of the registration
                                                                                                                    authority.
      Marriage Act 1949,     Duty on couple to produce evidence of their name, age, marital status and              No: there would still be a duty on couple to provide      No: there are no rights or freedoms at issue.
      S28A                   nationality, if required to do so by superintendent registrar or registrar attesting   evidence of name, age, marital status and nationality
                             the notice.                                                                            if required by the registration authority.
      Marriage Act 1949,     Requirement on superintendent registrars to display in their office a copy of all      No: there would still be a requirement for notices to     Yes: those who use the marriage notice board to search for
      S31(1)                 notices they have taken.                                                               be publicised locally. Notices would also be              details of couples who are marrying would no longer be
                                                                                                                    publicised on the General Register Office website.        able to do so. They would however, be able to make
                                                                                                                                                                              similar searches by other means eg local website or via the
                                                                                                                                                                              General Register Office website. Those who do not have
                                                                                                                                                                              access to the internet could request information from the
                                                                                                                                                                              marriage notice database either locally or centrally.
      Marriage Act 1949,     Requirement on those marrying according to the usages of the Society of                No: only those who have authority from the Society        No: there are no rights or freedoms at issue.
      S47(1) - (3)           Friends to satisfy the superintendent registrar that they have permission to do        of Friends to marry according to those rites and
                             so.                                                                                    ceremonies would be able to do so. This would be
                                                                                                                    regulated by the Society of Friends.
      Immigration and        Requirement on registrars and superintendent registrars to report to the Home          No: there would continue to be a requirement for          No: there are no rights or freedoms at issue.
      Asylum Act 1999, S24   Office any marriage they suspect is being contracted in order to evade                 suspicions to be reported to the Home Office, but




                                                                                                                                                                                                                                            Tables of Burdens
                             immigration control.                                                                   this duty would fall to the registration authority
                                                                                                                    rather than the superintendent registrar or registrar.
      Chapter 3 Marriages




                                                                                                                                                                                                                                           Tables of Burdens
      3.3.1 Giving notice of intention to marry
      Proposals introducing burdens – Giving notice of intention to marry
      Proposals            Would the               Would the               Would the            Would the new burden be proportionate to the              Would the proposal        Would the extent to which the order removes or
                           proposal impose         proposal remove         proposal prevent     benefit?                                                  strike a fair balance     reduces burdens make it desirable for the RRO
                           or remove a             any necessary           anyone from                                                                    between the               to be made?
                           burden?                 protection?             exercising a right                                                             interests of those
                                                                           or freedom?                                                                    affected and the
                                                                                                                                                          public?
      Couples would give   Requirement on          No: transfer of         No: there are no     Yes: with the removal of the statutory posts of           Yes: the proposal         Yes: the proposal to allow couples to give notice to
      notice to any        registration            responsibility from     rights or freedoms   superintendent registrar and registrar, registration      would introduce           any registration authority would be overall less
      registration         authorities to accept   registration officers   at issue.            authorities would have greater freedom and flexibility    greater flexibility in    burdensome than the current system. It allows for
      authority.           notices of marriage,    to registration                              about how they deliver registration services.             how notice of             greater use of information technology and provides
                           attest them, enter      authority would not                                                                                    marriage is given,        individuals with greater choice about where to
                           them onto the           remove any                                                                                             but at the same time      access registration services.
                           central database and    necessary                                                                                              retain many of the
                           publicise details       protections.                                                                                           current safeguards
                           locally.                Registration                                                                                           that help to deter
                                                   authorities would                                                                                      fraudulent or
                                                   still be required to                                                                                   bigamous marriages.
                                                   comply with
                                                   requirements of
                                                   Marriage Act 1949
                                                   to ensure couples
                                                   were free to marry
                                                   each other.

      Couples would        Duty on couple to       No: transfer of         No: there are no     Yes: couples already provide evidence to                  Yes: there is no          Yes: the additional burden on registration
      produce              provide evidence if     responsibility from     rights or freedoms   superintendent registrar or registrar. Transferring       additional burden         authorities of having to inspect documents is
      documentary          required to do so by    registration officers   at issue.            requirement to registration authority would create no     on the couple in          negligible when compared with the present system
      evidence to          registration            to registration                              additional burden on them. Benefit in terms of            having to produce         of marriage. Overall, the proposals would create a
      registration         authority.              authority would not                          maintaining the integrity of the system of marriage in    documentary               more flexible and responsive system that better
      authority.                                   remove any                                   England and Wales is proportionate to the additional      evidence to the           meets the needs of the public.
                                                   necessary                                    burden on registration authorities in having to inspect   registration
                                                   protections.                                 documentary evidence.                                     authority, but it is in
                                                   Registration                                                                                           the interests of the
                                                   authority would still                                                                                  general public that
                                                   be required to                                                                                         checks on a person’s
                                                   comply with                                                                                            capacity to marry
                                                   requirements of                                                                                        continue to be made
                                                   Marriage Act 1949                                                                                      prior to a marriage
                                                   to ensure couples                                                                                      ceremony.
                                                   were free to marry
                                                   each other.




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                                                                                                                                                                                                                                                    Annex A
      3.3.1 Giving notice of intention to marry
      Proposals introducing burdens - Giving notice of intention to marry
      Proposals               Would the                Would the                Would the               Would the new burden be proportionate to the              Would the proposal       Would the extent to which the order removes or
                              proposal impose          proposal remove          proposal prevent        benefit?                                                  strike a fair balance    reduces burdens make it desirable for the RRO
                              or remove a              any necessary            anyone from                                                                       between the              to be made?
                              burden?                  protection?              exercising a right                                                                interests of those
                                                                                or freedom?                                                                       affected and the
                                                                                                                                                                  public?

      Additional              Those giving notice      No: if anything, the     No: those wishing       Yes: the burden would be negligible, given the            Yes: there is evidence   Yes: we consider the proposal for giving notice of
      documentary             would be required        proposal introduces      to marry would still    introduction of automatic address/postcoding              of immigration and       marriage to be overall less burdensome than the
      evidence would be       to produce evidence      additional               be able to do so,       software.                                                 other abuse in           present system. It would make best use of
      produced when           of their usual           protections to           providing they had                                                                relation to marriage,    information technology and provide individuals
      notice of marriage      address.                 safeguard the image      a usual residence in                                                              where those              with greater choice about where to access
      is given.                                        and perception of        England and Wales                                                                 marrying have given      registration services.
                                                       marriage.                for 7 days. The                                                                   a false or non-
                                                                                absence of evidence                                                               existent address.
                                                                                of their usual                                                                    The proposal aims
                                                                                address would not                                                                 to reduce this abuse
                                                                                prevent anyone                                                                    which should benefit
                                                                                from marrying,                                                                    the public purse.
                                                                                providing they had
                                                                                a satisfactory
                                                                                explanation as to
                                                                                the lack of evidence.
      Name of religious       Requirement on           No: the proposal is      No: there are no        Yes: the burden on the couple would be negligible,        Yes: the burden          Yes: the celebrant-based system for marriage would
      celebrant who is to     couple to provide        intended to ensure       rights or freedoms      given that they would have already arranged the date      would protect the        provide a more flexible and responsive system than
      conduct the             name of religious        that the interests of    at issue.               of the marriage with the celebrant.                       interests of the         the present one, and would be overall less
      marriage ceremony       celebrant who is to      the couple are                                                                                             couple as well as        burdensome.
      would be recorded       perform the              protected, and that                                                                                        maintaining the
      on the notice form.     marriage ceremony        only those who have                                                                                        integrity of the
                              when giving notice.      been legally                                                                                               system of marriage.
                                                       appointed to do so
                                                       would be able to
                                                       perform marriage
                                                       ceremonies.
      All notices of          The Registrar            No: if anything, the     No: notices would       Yes: the burden would be negligible given the             Yes: there is evidence   Yes: we consider the proposal to be desirable. It
      marriage would be       General would be         proposal introduces      continue to be          introduction of a central database of marriage notices.   of immigration and       would introduce additional protections and
      publicised centrally.   required to publicise    additional               publicised locally.                                                               other abuse in           partially replace the present system for the publicity
                              all notices centrally,   protection. For the      Those who do not                                                                  relation to marriage.    of marriages which is outdated and burdensome for
                              via the General          first time, there will   have access to the                                                                Suspected bigamies       superintendent registrars.
                              Register Office          be a central list of     internet could                                                                    and sham marriages
                              website.                 all notices of           request information                                                               should be easier to
                                                       marriage, linked to      form the marriage                                                                 detect before they




                                                                                                                                                                                                                                                    Tables of Burdens
                                                       a central database of    notice database                                                                   take place.
                                                       life events.             either locally or
                                                       Suspected bigamies       centrally.
                                                       and sham marriages
                                                       should be easier to
                                                       detect before they
                                                       take place.
      Chapter 3 Marriages




                                                                                                                                                                                                                                     Tables of Burdens
      3.3.1 Giving notice of intention to marry
      Proposals introducing burdens – Giving notice of intention to marry
      Proposals              Would the              Would the            Would the            Would the new burden be proportionate to the              Would the proposal      Would the extent to which the order removes or
                             proposal impose        proposal remove      proposal prevent     benefit?                                                  strike a fair balance   reduces burdens make it desirable for the RRO
                             or remove a            any necessary        anyone from                                                                    between the             to be made?
                             burden?                protection?          exercising a right                                                             interests of those
                                                                         or freedom?                                                                    affected and the
                                                                                                                                                        public?

      There would            Duty on registration   No: the level of     No: there are no     Yes: the benefit in terms of maintaining the integrity    Yes: the burden         Yes: the celebrant-based system for marriage would
      continue to be         authority to report    protection offered   rights or freedoms   of the system of marriage in England and Wales            would serve to          provide a more flexible and responsive system than
      reports to the         to the Home Office     by this provision    at issue.            would be proportionate to the additional burden on        maintain the            the present one, and would be overall less
      Home Office            any marriage they      would be                                  registration authorities in having to report suspicious   integrity of the        burdensome. The additional burden on
      regarding suspicious   suspect is being       maintained.                               marriages to the Home Office.                             system of marriage      registration authorities in having to report
      marriages.             contracted in order                                                                                                        in England and          suspicious marriages to the Home Office would
                             to evade                                                                                                                   Wales.                  not outweigh the overall benefits to be gained by
                             immigration                                                                                                                                        introducing such a system.
                             control.




                                                                                                                                                                                                                                     Annex A
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                                                                                                                                                                                                                                      Annex A
      3.3.45 Issue of superintendent registrar’s authority
      Burdens removed or reduced – Issue of superintendent registrar’s authority
      Legislation              Burdens imposed by legislation                                                       Would the proposal remove any necessary                 Would the proposal prevent anyone exercising a right
                                                                                                                    protection?                                             or freedom?

      Marriage Act 1949,       Requirement for caveat to be entered with superintendent registrar who has           No: there would still be provision for caveats to be    No: there are no rights or freedoms at issue.
      S29(1)                   entered the notice of marriage in the marriage notice book.                          entered and procedures in place to ensure that a
                                                                                                                    marriage did not take place until the grounds for
                                                                                                                    the caveat had been investigated.
      Marriage Act 1949, S30   Requirement on individuals to write ‘forbidden’ in marriage notice book where        No: there would still be provision for consent to be    No: individuals would still be free to withdraw their
                               notice was entered.                                                                  withdrawn prior to the issue of the Schedule.           consent at any time prior to the issue of the Schedule.
      Marriage Act 1949,       Requirement on superintendent registrars to issue authority for marriage where       No: requirement for issue of authority would            No: couples would still be able to obtain authority for
      S31(2)                   they are satisfied there is no lawful impediment to the marriage.                    transfer to registration authority. Would still need    marriage to proceed, providing there was no lawful
                                                                                                                    to be satisfied that there is no lawful impediment to   impediment.
                                                                                                                    marriage before authority can be issued.
      Marriage Act 1949,       Requirement on the couple to apply for and to collect superintendent registrar’s     No: although there would be more flexibility about      No: there are no rights or freedoms at issue.
      S31(2)                   authority.                                                                           how the couple could obtain their authority, they
                                                                                                                    would still need to present a valid authority to the
                                                                                                                    celebrant before the marriage ceremony could
                                                                                                                    proceed.
      Marriage Act 1949,       Requirement on superintendent registrars to issue printed instructions for the       No: requirement would transfer to registration          No: there are no rights or freedoms at issue.
      S31(5)                   solemnisation of the marriage to person who gave notice.                             authority so interests of person who gave notice will
                                                                                                                    be safeguarded.
      Marriage Act 1949,       Provision for Registrar General to make regulations conferring responsibility        No: responsibility would transfer to registration       No: there are no rights or freedoms at issue.
      S31(5E)                  for reducing the 15 day waiting period onto superintendent registrars.               authority so necessary protection would remain.
      Marriage Act 1949, S40   Requirement on Registrar General to supply superintendent registrar with             No: registration authorities would continue to issue    No: there are no rights or freedoms at issue.
                               sufficient number of forms of authority.                                             authority, but this would be printed direct from the
                                                                                                                    system. It would no longer be necessary for the
                                                                                                                    Registrar General to supply forms for that purpose.
      Marriage Act 1949,       Offence for any person to solemnise a marriage following the issue of a              No: instead, it would be an offence for any person      No: there are no rights or freedoms at issue.
      S75(2)(d)                superintendent registrar’s certificate before the 15 day waiting period has passed   to solemnise a marriage following the issue of a
                               [except where the Registrar General has given authority for them to do so].          Schedule before the 15 day waiting period has
                                                                                                                    passed [except where the Registrar General has given
                                                                                                                    authority for them to do so].
      Marriage Act 1949,       Offence for any person to solemnise a marriage after the superintendent              No: instead, it would be an offence for any person      No: there are no rights or freedoms at issue.
      S75(2)(e)                registrar’s certificate has expired.                                                 to solemnise a marriage after the Schedule has
                                                                                                                    expired.
      Marriage Act 1949,       Offence for a superintendent registrar to issue an authority before the 15 day       No: instead, it would be an offence for any person      No: there are no rights or freedoms at issue.
      S75(3)(a)                waiting period had passed [except where the Registrar General has given              to issue a Schedule before the 15 day waiting period




                                                                                                                                                                                                                                      Tables of Burdens
                               authority for them to do so].                                                        has passed [except where the Registrar General has
                                                                                                                    given authority for them to do so].
      Marriage Act 1949,       Offence for a superintendent registrar to issue an authority more than twelve        No: instead, it would be an offence for any person      No: there are no rights or freedoms at issue.
      S75(3)(b)                months after notice of marriage was given.                                           to issue a Schedule more than 12 months after
                                                                                                                    notice of marriage was given.
      Marriage Act 1949,       Offence for a superintendent registrar to issue an authority that has been           No: instead, it would be an offence for any person      No: there are no rights or freedoms at issue.
      S75(3)(c)                ‘forbidden’.                                                                         to issue a Schedule that had been ‘forbidden’.
      Chapter 3 Marriages




                                                                                                                                                                                                                                                    Tables of Burdens
      3.3.45 Issue of superintendent registrar’s authority
      Proposals introducing burdens – Issue of superintendent registrar’s authority
      Proposals             Would the              Would the                Would the proposal Would the new burden be proportionate to the                       Would the proposal           Would the extent to which the order removes
                            proposal impose        proposal remove          prevent anyone     benefit?                                                           strike a fair balance        or reduces burdens make it desirable for the
                            or remove a            any necessary            from exercising a                                                                     between the interests of     RRO to be made?
                            burden?                protection?              right or freedom?                                                                     those affected and the
                                                                                                                                                                  public?
      A caveat could be     Requirement on         No: people would         No: people would          Yes: the burden should be negligible given the small        Yes: would ensure that       Yes: the system for the entering of caveats would
      entered with any      registration           still be able to enter   still be able to enter    number of caveats that are entered each year.               those who wish to raise      be overall less burdensome as they could be
      registration          authorities to         caveats, and a           caveats where they                                                                    an objection are able to     entered with any registration authority rather
      authority.            investigate caveats.   Schedule that was        thought there was                                                                     do so, as well as            than the one where notice of marriage was
                                                   subject to a caveat      an impediment to a                                                                    protecting the integrity     given.
                                                   could not be issued      proposed marriage.                                                                    of the system of
                                                   until that caveat                                                                                              marriage.
                                                   had been
                                                   thoroughly
                                                   investigated.

      Schedule would be     If Registrar General   No: responsibility       No: there are no          Yes: the burden should be negligible spread across          Yes: couples will still be   Yes: the burden is negligible and should not
      issued to couple by   exercises his          would transfer to        rights or freedoms at     every registration authority. Would only deal with          able to marry more           detract from the overall desirability of the Order
      registration          regulation-making      registration             issue.                    certain applications - the remainder would still be         quickly in exceptional       and the benefits it will bring.
      authority once both   power, registration    authority so                                       dealt with by the Registrar General.                        circumstances.
      notices have been     authorities would,     necessary
      given.                in some                protection would
                            circumstances, have    remain. Would be
                            responsibility for     required to comply
                            dealing with           with any
                            applications to        regulations made
                            reduce the 15 day      by Registrar
                            waiting period.        General.
      Schedule would be     Requirement on         No: registration         No: couples would         Yes: transferring the responsibility for the issue of the   Yes: would ensure that a     Yes: the system for the issue of the Schedule
      issued to couple by   registration           authority would          still be able to marry,   Schedule from the superintendent registrar to the           couple’s capacity            would be overall less burdensome for those
      registration          authorities to issue   carry out same           once a document           registration authority would allow for greater              continues to be checked      wishing to marry. Also, registration authorities
      authority once both   Marriage Schedule      checks as                had been issued           flexibility in how such services are delivered. The         before an authority for      would have greater flexibility about how such
      notices have been     once satisfied that    superintendent           confirming there          benefits to the public outweigh the effect of the           the marriage to proceed      services should be delivered. The proposal is
      given.                both notices have      registrar in order to    was no impediment         burden on the registration authority.                       is issued, and at the same   desirable.
                            been given, there is   be satisfied that        to the proposed                                                                       time improve the service
                            no lawful              there was no             marriage.                                                                             to those wishing to
                            impediment to the      impediment to the                                                                                              marry.
                            marriage and the       proposed marriage.
                            issue of the
                            Schedule has not
                            been ‘forbidden’.
      Schedule would be     Requirement on         No: maintains            No: there are no          Yes: transferring the responsibility for the completion     Yes: proposal aims to        Yes: the system for the completion of the
      issued to couple by   registration           current levels of        rights or freedoms at     of the Schedule from the superintendent registrar to        ensure that those who        Schedule would be overall less burdensome due
      registration          authority to           protection.              issue.                    the registration authority would allow for greater          gave notice are the same     to the greater use of information technology.
      authority once both   complete Schedule      Requirement                                        flexibility in how such services are delivered. The         as those who go through      The proposal is desirable.




                                                                                                                                                                                                                                                    Annex A
      notices have been     with details from      currently on                                       benefits to the public outweigh the effect of the           marriage ceremony. As
      given.                the two notices.       superintendent                                     burden on the registration authority.                       such, maintains integrity
                                                   registrar rather than                                                                                          of marriage system.
                                                   registration
                                                   authority.
187
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      Chapter 3 Marriages




                                                                                                                                                                                                                                            Annex A
      3.3.45 Issue of superintendent registrar’s authority
      Proposals introducing burdens – Issue of superintendent registrar’s authority
      Proposals              Would the              Would the              Would the proposal Would the new burden be proportionate to the                 Would the proposal           Would the extent to which the order removes
                             proposal impose        proposal remove        prevent anyone     benefit?                                                     strike a fair balance        or reduces burdens make it desirable for the
                             or remove a            any necessary          from exercising a                                                               between the interests of     RRO to be made?
                             burden?                protection?            right or freedom?                                                               those affected and the
                                                                                                                                                           public?

      Schedule would be      Requirement on         No: maintains          No: there are no        Yes: aims to ensure that the marriage is conducted in   Yes: the proposal serves     Yes: the overall proposals make it desirable that
      accompanied by         registration           current levels of      rights or freedoms at   accordance with the law, and that the couple are        to safeguard the interests   the Order should be made.
      printed instructions   authority to issue     protection. There      issue.                  aware of the legal requirements. The benefits           of the couple as well as
      regarding the          printed instructions   would still be a                               outweigh the burden in this respect.                    the system of marriage in
      solemnisation of the   regarding the          requirement for                                                                                        general.
      marriage.              solemnisation of       printed instructions
                             the marriage when      to be issued but by
                             issuing the            the registration
                             Schedule.              authority instead of
                                                    by the
                                                    superintendent
                                                    registrar.
      It should be an        Burden on any          No: maintains          No: there are no        Yes: should act as a deterrent to ensure integrity of   Yes: society has an          Yes: the overall proposals make it desirable that
      offence for any        person who acts        current levels of      rights or freedoms at   marriage system is maintained.                          interest in whether          the Order should be made.
      person to issue a      accordingly.           protection.            issue.                                                                          marriages are conducted
      Schedule before the                           Offence relates to                                                                                     in accordance with the
      15 day waiting                                issue of Schedule                                                                                      law, as do the couple
      period has passed                             rather than                                                                                            who are contracting the
      [except where the                             superintendent                                                                                         marriage.
      Registrar General                             registrar’s
      has given authority                           certificate.
      for them to do so].
      It should be an        Burden on any          No: maintains          No: there are no        Yes: should act as a deterrent to ensure integrity of   Yes: society has an          Yes: the overall proposals make it desirable that
      offence for any        person who acts        current levels of      rights or freedoms at   marriage system is maintained.                          interest in whether          the Order should be made.
      person to issue a      accordingly.           protection.            issue.                                                                          marriages are conducted
      Schedule more than                            Offence relates to                                                                                     in accordance with the
      12 months after                               issue of Schedule                                                                                      law as do the couple who
      notice of marriage                            rather than                                                                                            are contracting the
      was given.                                    superintendent                                                                                         marriage.
                                                    registrar’s
                                                    certificate.
      It should be an        Burden on any          No: maintains          No: there are no        Yes: should act as a deterrent to ensure integrity of   Yes: society has an          Yes: the overall proposals make it desirable that
      offence for any        person who acts        current levels of      rights or freedoms at   marriage system is maintained.                          interest in whether          the Order should be made.
      person to issue a      accordingly.           protection.            issue.                                                                          marriages are conducted
      Schedule that has                             Offence relates to                                                                                     in accordance with the




                                                                                                                                                                                                                                            Tables of Burdens
      been ‘forbidden’.                             issue of Schedule                                                                                      law as do the couple who
                                                    rather than                                                                                            are contracting the
                                                    superintendent                                                                                         marriage.
                                                    registrar’s
                                                    certificate.
      Chapter 3 Marriages




                                                                                                                                                                                                                                   Tables of Burdens
      3.3.45 Issue of superintendent registrar’s authority
      Proposals introducing burdens – Issue of superintendent registrar’s authority
      Proposals              Would the         Would the            Would the proposal Would the new burden be proportionate to the                 Would the proposal         Would the extent to which the order removes
                             proposal impose   proposal remove      prevent anyone     benefit?                                                     strike a fair balance      or reduces burdens make it desirable for the
                             or remove a       any necessary        from exercising a                                                               between the interests of   RRO to be made?
                             burden?           protection?          right or freedom?                                                               those affected and the
                                                                                                                                                    public?
      It should be an        Burden on any     No: maintains        No: there are no        Yes: should act as a deterrent to ensure integrity of   Yes: society has an        Yes: the overall proposals make it desirable that
      offence for anyone     person who acts   current levels of    rights or freedoms at   marriage system is maintained.                          interest in whether        the Order should be made.
      to solemnise a         accordingly.      protection.          issue.                                                                          marriages are conducted
      marriage before the                      Offence relates to                                                                                   in accordance with the
      15 day waiting                           issue of Schedule                                                                                    law as do the couple who
      period has passed                        rather than                                                                                          are contracting the
      [except where they                       superintendent                                                                                       marriage.
      have the authority                       registrar’s
      of the Registrar                         certificate.
      General to do so] or
      once the Schedule
      has expired.




                                                                                                                                                                                                                                   Annex A
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                                                                                                                                                                                                                                       Annex A
      3.4.1 Venue for marriage
      Burdens removed or reduced – Venue for marriage
      Legislation              Burdens imposed by legislation                                                       Would the proposal remove any necessary                 Would the proposal prevent anyone exercising a right
                                                                                                                    protection?                                             or freedom?
      Marriage Act 1949, S4    Requirement for marriages to take place between the hours of 8am and 6pm.            No: there would continue to be a requirement for        No: the time of a marriage would be a matter for
                                                                                                                    both the bride and groom to be present at the           negotiation between the couple and the celebrant.
                                                                                                                    marriage ceremony, which must take place in the
                                                                                                                    presence of two witnesses and the celebrant,
                                                                                                                    regardless of the time at which the marriage takes
                                                                                                                    place.
      Marriage Act 1949,       Requirement for marriages to take place in a registered building, register office    No: there would continue to be a requirement for        No: the venue for the marriage would be a matter for
      S26(1)(a) – (bb)         or approved premise.                                                                 both the bride and groom to be present at the           negotiation between the couple and the celebrant. The
                                                                                                                    marriage ceremony, which must take place in the         celebrant would not be required to attend any venue that
                                                                                                                    presence of two witnesses and the celebrant,            he or she does not consider to be suitable. Marriages
                                                                                                                    regardless of the venue at which the marriage takes     would still be possible in registered buildings and
                                                                                                                    place.                                                  approved premises although they would no longer need to
                                                                                                                                                                            be registered or approved for the purpose.
      Marriage Act 1949,       Requirement for a superintendent registrar to only issue a certificate for a         No: there would continue to be a requirement for        No: there are no rights or freedoms at issue.
      S35(1) – (2B)            marriage in a registered building outside his district unless there is no building   both the bride and groom to be present at the
                               of that denomination in the district or the building is the usual place of worship   marriage ceremony, which must take place in the
                               of the bride or groom.                                                               presence of two witnesses and the celebrant,
                                                                                                                    regardless of the area where the marriage is taking
                                                                                                                    place, and whether or not this is in the area where
                                                                                                                    either the bride or groom has their usual residence.
      Marriage Act 1949,       Requirement on superintendent registrar to record on notice where couple are         No: couples would be able to marry anywhere,            No: there are no rights or freedoms at issue.
      S35(5)                   marrying in their usual place of worship.                                            providing the ceremony takes place in the presence
                                                                                                                    of a duly appointed celebrant.
      Marriage Act 1949, S41   Requirement on trustees of certified places of religious worship to apply to have    No: celebrants would be regulated rather than the       No: those who currently apply for registration for
                               their buildings registered for the purposes of marriage and to comply with the       places where marriages could take place.                marriages would no longer need to do so, but could still
                               various conditions imposed by statute.                                                                                                       hold marriage ceremonies in those venues.
      Marriage Act 1949,       Requirement for a superintendent registrar to enter the date of registration for     No: marriages would be able to take place anywhere      No: there are no rights or freedoms at issue.
      S41(1) - (5)             marriages in a book supplied by the Registrar General.                               but there would still be a requirement for both the
                                                                                                                    bride and groom to be present at the marriage
                                                                                                                    ceremony, which must take place in the presence of
                                                                                                                    two witnesses and the celebrant.
      Marriage Act 1949,       Requirement for Registrar General to inform the superintendent registrar when        No: marriages would be able to take place anywhere      No: there are no rights or freedoms at issue.
      S42(1) - (2)             he cancels the registration of a building for the purposes of marriage.              but there would still be a requirement for both the
                                                                                                                    bride and groom to be present at the marriage
                                                                                                                    ceremony, which must take place in the presence of
                                                                                                                    two witnesses and the celebrant.




                                                                                                                                                                                                                                       Tables of Burdens
      Marriage Act 1949,       Requirement for either bride or groom to be qualified to be married in a naval,      No: celebrants would be able to place restrictions on   No: there are no rights or freedoms at issue.
      S68(2) - (6)             military or airforce chapel.                                                         who can marry in naval, military or airforce chapels.
      Chapter 3 Marriages




                                                                                                                                                                                                                                             Tables of Burdens
      3.4.1 Venue for marriage
      Burdens removed or reduced – Venue for marriage
      Legislation              Burdens imposed by legislation                                                       Would the proposal remove any necessary                    Would the proposal prevent anyone exercising a right
                                                                                                                    protection?                                                or freedom?
      Marriage Act 1949, S69   Requirement for bishop of diocese, on application of the Admiralty or Secretary      No: there would continue to be a requirement for           No: there are no rights or freedoms at issue.
                               of State, to licence a military chapel for Church of England marriages and to        the bride and groom to be present at the marriage
                               inform the Registrar General where any such licence is revoked.                      ceremony, which must take place in the presence of
                                                                                                                    two or more witnesses and the celebrant. There
                                                                                                                    would also be a requirement for the ceremony to be
                                                                                                                    a public event.
      Marriage Act 1949, S70   Requirement for the Registrar General, on the application of the Admiralty or        No: there would continue to be a requirement for           No: there are no rights or freedoms at issue.
                               Secretary of State, to register a military chapel for other than Church of England   the bride and groom to be present at the marriage
                               marriages; to cancel the registration and to advertise the cancellation in the       ceremony, which must take place in the presence of
                               London Gazette; to inform the superintendent registrar of the cancellation.          two or more witnesses and the celebrant. There
                                                                                                                    would also be a requirement for the ceremony to be
                                                                                                                    a public event.
      Marriage Act 1949, S73   Requirement on the diocesan registrar to send to the Registrar General every         No: there would continue to be a requirement for           No: there are no rights or freedoms at issue.
                               year a list of all chapels in the diocese; requirement on the Registrar General to   the bride and groom to be present at the marriage
                               print a list of all chapels and registered buildings every year and to send a copy   ceremony, which must take place in the presence of
                               of this list to every registrar and superintendent registrar.                        two or more witnesses and the celebrant. There will
                                                                                                                    also be a requirement for the ceremony to be a
                                                                                                                    public event.
      Marriage Act 1949,       Offence for anyone to solemnise a marriage outside the hours of 8am and 6pm.         No: marriages could take place at any time. Such           No: there are no rights or freedoms at issue.
      S75(1)                                                                                                        restrictions are no longer necessary in today’s society.
      Marriage Act 1949,       Offence for anyone to solemnise a marriage in any place other than that named        No: instead it would be an offence for anyone to           No: there are no rights or freedoms at issue.
      S75(2)(a)(ii)            in the notice and in the superintendent registrar’s authority.                       solemnise a marriage at any place other than that
                                                                                                                    named in the notice and the Schedule.
      Marriage Act 1949,       Offence for anyone to solemnise a marriage on premises that have not been            No: approved premises would no longer exist.               No: there are no rights or freedoms at issue.
      S75(2)(aa)               approved.                                                                            Celebrants would be regulated rather than the places
                                                                                                                    where marriages could take place.
      Sharing of Church        Requirement on trustees of church buildings which are subject to a sharing           No: marriages would be able to take place anywhere, No: there are no rights or freedoms at issue.
      Buildings Act 1969       agreement to apply for certification for worship and registration for marriage.      without the need for them to be registered for
                                                                                                                    marriages, but there would still be a requirement for
                                                                                                                    both the bride and groom to be present at the
                                                                                                                    marriage ceremony, which must take place in the
                                                                                                                    presence of two witnesses and the celebrant.
      Places of Worship        Requirement on trustees of places of religious worship to certify such places to     No: marriages would be able to take place anywhere         No: there are no rights or freedoms at issue. The interests
      Registration Act 1855    Registrar General and to notify disuse; requirement on Registrar General to          without the need for venues to be certified for            of those who currently benefit from certification for
                               print and distribute list of places of religious worship.                            worship and then registered for marriage.                  worship will be safeguarded.




                                                                                                                                                                                                                                             Annex A
191
192



      Chapter 3 Marriages




                                                                                                                                                                                                                                           Annex A
      3.4.1 Venue for marriage
      Proposals introducing burdens – Venue for marriage
      Proposals            Would the               Would the               Would the              Would the new burden be proportionate to the             Would the proposal           Would the extent to which the order removes
                           proposal impose or      proposal remove         proposal prevent       benefit?                                                 strike a fair balance        or reduces burdens make it desirable for the
                           remove a burden?        any necessary           anyone from                                                                     between the interests        RRO to be made?
                                                   protection?             exercising a right                                                              of those affected and
                                                                           or freedom?                                                                     the public?
      Regulate people      Local authorities       No: only those          No: although           Yes: regulating the people who perform marriage          Yes: regulating the          Yes: we consider the proposal to be overall less
      who can perform      and religious           legally authorised to   buildings will no      ceremonies rather than the places where marriages        people who can perform       burdensome than the present system of
      marriage ceremony    denominations           perform marriage        longer need to be      can take place provides greater choice and flexibility   marriage ceremonies          registration and approval of buildings for the
      rather than places   would be required       ceremonies would        approved or            to the public, whilst maintaining a dignified and        instead of the places        purposes of marriage.
      where marriages      to appoint              be able to do so.       registered for the     ordered system of marriage.                              responds to the wishes
      can take place.      celebrants.                                     purposes of                                                                     of the general public
                                                                           marriage,                                                                       who would like more
                                                                           ceremonies can still                                                            choice over where
                                                                           take place there.                                                               marriages can take place.
                                                                                                                                                           It also ensures that there
                                                                                                                                                           is a legally recognised
                                                                                                                                                           system of marriage that
                                                                                                                                                           everyone must adhere
                                                                                                                                                           to.
      Regulate people      Local authorities       No: only those          No: there are no       Yes: whilst initially the burden will be significant,    Yes: regulating the          Yes: we consider the proposal to be overall less
      who can perform      and religious           legally authorised to   rights or freedoms     over time local authorities and religious                people who can perform       burdensome than the present system of
      marriage ceremony    denominations           perform marriage        at issue.              denominations will only need to notify any changes       marriage ceremonies          registration and approval of buildings for the
      rather than places   would be required       ceremonies would                               to the Registrar General.                                instead of the places        purposes of marriage.
      where marriages      to notify details of    be able to do so.                                                                                       responds to the wishes
      can take place.      celebrants to                                                                                                                   of the general public
                           Registrar General,                                                                                                              who would like more
                           together with any                                                                                                               choice over where
                           changes to those                                                                                                                marriages can take place.
                           details.                                                                                                                        It also ensures that there
                                                                                                                                                           is a legally recognised
                                                                                                                                                           system of marriage that
                                                                                                                                                           everyone must adhere
                                                                                                                                                           to.

      Regulate people      Registrar General       No: only those          No: there are no       Yes: regulating the people who perform marriage          Yes: regulating the          Yes: we consider the proposal to be overall less
      who can perform      would be required       legally authorised to   rights or freedoms     ceremonies rather than the places where marriages        people who can perform       burdensome than the present system of
      marriage ceremony    to maintain a list of   perform marriage        at issue.              can take place provides greater choice and flexibility   marriage ceremonies          registration and approval of buildings for the
      rather than places   celebrants and to       ceremonies would                               to the public, whilst maintaining a dignified and        instead of the places        purposes of marriage.
      where marriages      make it publicly        be able to do so.                              ordered system of marriage. This burden replaces         responds to the wishes
      can take place.      available.                                                             that currently on the Registrar General of certifying    of the general public
                                                                                                  for worship and registering buildings for marriage,      who would like more




                                                                                                                                                                                                                                           Tables of Burdens
                                                                                                  and of maintaining and publishing a list of those        choice over where
                                                                                                  buildings.                                               marriages can take place.
                                                                                                                                                           It also ensures that there
                                                                                                                                                           is a legally recognised
                                                                                                                                                           system of marriage that
                                                                                                                                                           everyone must adhere
                                                                                                                                                           to.
      Chapter 3 Marriages




                                                                                                                                                                                                                                  Tables of Burdens
      3.4.1 Venue for marriage
      Proposals introducing burdens – Venue for marriage
      Proposals         Would the               Would the             Would the             Would the new burden be proportionate to the         Would the proposal          Would the extent to which the order removes
                        proposal impose or      proposal remove       proposal prevent      benefit?                                             strike a fair balance       or reduces burdens make it desirable for the
                        remove a burden?        any necessary         anyone from                                                                between the interests       RRO to be made?
                                                protection?           exercising a right                                                         of those affected and
                                                                      or freedom?                                                                the public?

      Provide civil     Registration            No: it would ensure   No: everyone          Yes: it would ensure that people were not            Yes: marriage would be      Yes: we consider the proposal for a celebrant -
      marriage at a     authorities would be    that marriage is      wishing to marry      disadvantaged by the new arrangements and that       available to everyone at    based system for marriage to be overall less
      nationally set,   required to adhere      available to          would still be able   marriage was available to everyone at a reasonable   a reasonable cost but       burdensome than the present system of
      statutory fee.    to national             everyone, at a        to do so, at a        cost.                                                there would be also be a    registration and approval of buildings for the
                        standards in relation   reasonable cost.      reasonable cost.                                                           greater choice of venue     purposes of marriage. The requirement to
                        to civil marriage.                                                                                                       for those who wanted to     provide civil marriage, at a nationally set
                                                                                                                                                 benefit from the            statutory fee, would ensure that marriage is still
                                                                                                                                                 relaxation of the current   available to everyone.
                                                                                                                                                 arrangements.




                                                                                                                                                                                                                                  Annex A
193
194



      Chapter 3 Marriages




                                                                                                                                                                                                                                              Annex A
      3.4.62 Form of marriage ceremony and officials
      Burdens removed or reduced – Form of marriage ceremony and officials
      Legislation               Burdens imposed by legislation                                                         Would the proposal remove any necessary                 Would the proposal prevent anyone exercising a right
                                                                                                                       protection?                                             or freedom?
      Marriage Act 1949,        Requirement on trustees of registered buildings to appoint authorised persons          No: instead, religious denominations would be           No: marriages could still take place in religious buildings.
      S43(1)                    and to notify their details to the Registrar General.                                  required to appoint celebrants and to notify their      Would no longer be necessary to appoint authorised
                                                                                                                       details to the Registrar General. All marriages         persons.
                                                                                                                       would have to take place in the presence of a duly
                                                                                                                       appointed celebrant.

      Marriage Act 1949, S44    Requirement for prescribed words of declaration and contract to be used at all         No: there would continue to be a requirement for        Yes: however, in many instances, it is likely that the
                                marriage ceremonies [apart from those according to the rites and ceremonies of         the couple to make a declaration, in the presence of    current form of marriage ceremony used by those not
                                the Jews and Quakers].                                                                 each other, two witnesses and the celebrant that they   subject to this requirement would meet the criteria
                                                                                                                       accept each other as husband and wife, and for the      imposed by this provision.
                                                                                                                       celebrant to make a declaration that the couple are
                                                                                                                       now husband and wife.
      Marriage Act 1949,        Requirement on registrar or authorised person to attend all marriages in a             No: instead, all marriages would take place in the      No: marriages could still take place in religious buildings.
      S44(2)                    registered building.                                                                   presence of a duly appointed celebrant.                 Would no longer be necessary to appoint authorised
                                                                                                                                                                               persons.
      Marriage Act 1949,        Requirement for all civil marriages to take place in the presence of a registrar       No: instead, all marriages would take place in the      No: it would still be possible for couples to have a civil
      S45(1) and S46B(1)(b)     and a superintendent registrar.                                                        presence of a duly appointed celebrant.                 marriage ceremony, but in the presence of a civil celebrant
                                                                                                                                                                               rather than a registrar and a superintendent registrar.

      Marriage Act 1949, S52    Requirement on the Registrar General to supply every registrar in Wales, or in         No: marriages would still take place using the Welsh    No: marriages could still take place using the Welsh
                                every place where the Welsh language is commonly used, a translation into              language with the agreement of the couple and the       language.
                                Welsh of the words of declaration and contract that must be spoken at a                celebrant who would need to agree the form of
                                marriage ceremony.                                                                     words to be used.
      Marriage Act 1949,        Requirement on Admiralty or Secretary of State to appoint authorised persons           No: instead, all marriages would take place in the      No: marriages could still take place in naval, military and
      S69(4) and S70(1)(b)      to attend marriages that take place in naval, military and airforce chapels.           presence of a duly appointed celebrant.                 airforce chapels. Would no longer be necessary to
                                                                                                                                                                               appoint authorised persons.
      Marriage Act 1949,        Offence for any person to solemnise a marriage in a register office, approved          No: instead, it would be an offence for a marriage to   No: there are no rights or freedoms at issue.
      S75(2)(b), (c) and (cc)   premise or registered building in the absence of a registrar [the latter not being a   take place in the absence of a duly appointed
                                marriage at which an authorised person was present].                                   celebrant.
      Marriage Act 1949,        Offence for a superintendent registrar to solemnise a marriage knowing it to be        No: instead, it would be an offence for a celebrant     No: there are no rights or freedoms at issue.
      S75(3)(d)                 void.                                                                                  to solemnise a marriage knowing it to be void.




                                                                                                                                                                                                                                              Tables of Burdens
      Chapter 3 Marriages




                                                                                                                                                                                                                                        Tables of Burdens
      3.4.62 Form of marriage ceremony and officials
      Proposals introducing burdens – Form of marriage ceremony and officials
      Proposals              Would the               Would the               Would the               Would the new burden be proportionate to the          Would the proposal         Would the extent to which the order removes
                             proposal impose         proposal remove         proposal prevent        benefit?                                              strike a fair balance      or reduces burdens make it desirable for the
                             or remove a             any necessary           anyone from                                                                   between the interests      RRO to be made?
                             burden?                 protection?             exercising a right                                                            of those affected and
                                                                             or freedom?                                                                   the public?
      All marriages would    A new burden            No: maintains           Yes: however, in        Yes: need to ensure there is clarity about when       Yes: maintains clarity     Yes: the overall proposals of a celebrant-based
      include a              would be placed on      current level of        many instances, it is   marriage ceremony has been concluded. New             about when marriage        model for marriage, and the flexibility such a
      declaration by the     the couple and the      protections. There      likely that the         burden, which is negligible, achieves this and also   ceremony has been          system would bring, makes it desirable that the
      couple that they       celebrants to say the   would continue to       current form of         puts everyone wishing to marry on a ‘level playing    concluded but at the       Order should be made.
      accept each other as   relevant                be a requirement for    marriage ceremony       field’ in this respect.                               same time introduces
      husband and wife,      declarations.           the couple to make      used by those not                                                             some flexibility for
      and a declaration                              a declaration, in the   subject to the                                                                those who wish to
      by the celebrant                               presence of each        current requirement                                                           personalise or adapt
      that the couple are                            other, two witnesses    would meet the                                                                their marriage
      husband and wife.                              and the celebrant       criteria imposed by                                                           ceremony.
                                                     that they accept        this provision.
                                                     each other as
                                                     husband and wife,
                                                     and for the
                                                     celebrant to make a
                                                     declaration that the
                                                     couple are now
                                                     husband and wife.
      A civil or religious  Requirement for          No: maintains           No: there are no        Yes: aims to ensure that marriage is conducted in     Yes: the proposal serves   Yes: the overall proposals of a celebrant-based
      celebrant would       civil or religious       current level of        rights or freedoms      accordance with the law. Benefits outweigh the        to safeguard the           model for marriage, and the flexibility such a
      attend all marriages. celebrant to attend      protection whereby      at issue.               burden in this respect.                               interests of the couple    system would bring, makes it desirable that the
                            all marriages.           all marriages must                                                                                    as well as the system of   Order should be made.
                                                     take place in the                                                                                     marriage in general.
                                                     presence of a
                                                     registrar or
                                                     authorised person,
                                                     and in the case of a
                                                     civil marriage a
                                                     superintendent
                                                     registrar.




                                                                                                                                                                                                                                        Annex A
195
196



      Chapter 3 Marriages




                                                                                                                                                                                                                                    Annex A
      3.4.62 Form of marriage ceremony and officials
      Proposals introducing burdens – Form of marriage ceremony and officials
      Proposals             Would the            Would the               Would the            Would the new burden be proportionate to the            Would the proposal        Would the extent to which the order removes
                            proposal impose      proposal remove         proposal prevent     benefit?                                                strike a fair balance     or reduces burdens make it desirable for the
                            or remove a          any necessary           anyone from                                                                  between the interests     RRO to be made?
                            burden?              protection?             exercising a right                                                           of those affected and
                                                                         or freedom?                                                                  the public?

      It should be an       Burden on any        No: maintains           No: there are no     Yes: should act as a deterrent to ensure integrity of   Yes: society has an       Yes: the overall proposals make it desirable that
      offence for any       person who acts      current level of        rights or freedoms   marriage system is maintained.                          interest in whether       the Order should be made.
      person to solemnise   accordingly.         protection. Offence     at issue.                                                                    marriages are
      a marriage in the                          relates to absence of                                                                                conducted in
      absence of a duly                          celebrant rather                                                                                     accordance with the law
      appointed                                  than absence of                                                                                      as do the couple who
      celebrant.                                 registrar.                                                                                           are contracting the
                                                                                                                                                      marriage.
      It should be an       Burden on any        No: maintains           No: there are no     Yes: should act as a deterrent to ensure integrity of   Yes: society has an       Yes: the overall proposals make it desirable that
      offence for a         celebrant who acts   current level of        rights or freedoms   marriage system is maintained.                          interest in whether       the Order should be made.
      celebrant to          accordingly.         protection. Offence     at issue.                                                                    marriages are
      solemnise a                                relates to celebrant                                                                                 conducted in
      marriage knowing                           rather than                                                                                          accordance with the law
      it to be void.                             superintendent                                                                                       as do the couple who
                                                 registrar.                                                                                           are contracting the
                                                                                                                                                      marriage.




                                                                                                                                                                                                                                    Tables of Burdens
      Chapter 3 Marriages




                                                                                                                                                                                                                                          Tables of Burdens
      3.4.91 Registration of marriage
      Burdens removed or reduced – Registration of marriage
      Legislation              Burdens imposed by legislation                                                      Would the proposal remove any necessary                   Would the proposal prevent anyone exercising a right
                                                                                                                   protection?                                               or freedom?
      Marriage Act 1949,       Requirement on various individuals to register marriages.                           No: there would continue to be a requirement for all      No: there are no rights or freedoms at issue
      S53(b) – (g)                                                                                                 marriages to be registered and penalties for any
                                                                                                                   failure or refusal to do so.
      Marriage Act 1949,       Requirement on Registrar General to supply marriage registers of a certain          No: there would continue to be a requirement for all      No: although there would no longer be statutory marriage
      S54(1) and S57(1)        standard and quarterly copy forms.                                                  marriages to be registered but they would be entered      registers, denominations could continue to maintain a
                                                                                                                   directly onto the central database and not recorded       non-statutory register of all marriages that take place in
                                                                                                                   in marriage registers. The database would hold the        their buildings.
                                                                                                                   legal record of the marriage.
      Marriage Act 1949,       Requirement for marriages to be registered in duplicate marriage registers.         No: there would continue to be a requirement for all      No: although there would no longer be statutory marriage
      S55(1)                                                                                                       marriages to be registered but they would be entered      registers, denominations could continue to maintain a
                                                                                                                   directly onto the central database and not recorded       non-statutory register of all marriages that take place in
                                                                                                                   in marriage registers. The database would hold the        their buildings.
                                                                                                                   legal record of the marriage.
      Marriage Act 1949,       Requirement for the couple, the witnesses and the person required to register       No: instead, the couple, the witnesses and the            No: although there would no longer be statutory marriage
      S55(2)                   the marriage to all sign the marriage entry immediately after the marriage          celebrant would all be required to sign the marriage      registers, denominations could continue to maintain a
                               ceremony has taken place.                                                           schedule.                                                 non-statutory register of all marriages that take place in
                                                                                                                                                                             their buildings.
      Marriage Act 1949, S56   Provision for those who are required to register marriages to verify with the       No: celebrants would be given a similar provision         No: there are no rights or freedoms at issue.
                               couple prior to the marriage ceremony the information to be recorded in the         regarding the information to be recorded in the
                               marriage register.                                                                  marriage schedule.
      Marriage Act 1949, S57   Requirement on those who must register marriages to send copies of register         No: information would already be held on the              No: there are no rights or freedoms at issue.
                               entries or form confirming that no registrations have been made to                  central database so the absence of quarterly copies
                               superintendent registrar.                                                           would have no impact.
      Marriage Act 1949,       Requirement on superintendent registrar to make a payment for every entry           No: information would already be held on the              No: there are no rights or freedoms at issue.
      S57(4)                   received.                                                                           central database so the absence of quarterly copies
                                                                                                                   would have no impact.
      Marriage Act 1949,       Requirement on superintendent registrar to submit copies of register entries to     No: information would already be held on the              No: there are no rights or freedoms at issue.
      S58(1)                   Registrar General.                                                                  central database so the absence of quarterly copies
                                                                                                                   would have no impact.
      Marriage Act 1949, S59   Requirement on those who must register marriages to keep registers safe.            No: registration would already be held securely on        No: there are no rights or freedoms at issue.
                                                                                                                   the central database.
      Marriage Act 1949,       Offence for anyone required to register a marriage to fail or refuse to do so, to   No: responsibility for the registration of marriages      No: there are there are no rights or freedoms at issue.
      S76(1)                   lose or damage their register books or to fail to send copies of their entries to   would lie with the registration authority. It would be
                               their local superintendent registrar.                                               an offence for any person to refuse or fail to register a
                                                                                                                   marriage.




                                                                                                                                                                                                                                          Annex A
197
198



      Chapter 3 Marriages




                                                                                                                                                                                                                                Annex A
      3.4.91 Registration of marriage
      Burdens removed or reduced – Registration of marriage
      Legislation              Burdens imposed by legislation                                                   Would the proposal remove any necessary                  Would the proposal prevent anyone exercising a right
                                                                                                                protection?                                              or freedom?
      Marriage Act 1949,       Offence for a registrar to register a marriage knowing it to be void.            No: responsibility for the registration of marriages   No: there are no rights or freedoms at issue.
      S76(2)                                                                                                    would lie with the registration authority. It would be
                                                                                                                an offence for any person to register a marriage
                                                                                                                knowing it to be void.
      Marriage Act 1949, S77   Offence for any authorised person to fail to comply with the provisions of the   No: instead, it would be an offence for a celebrant to   No: there are no rights or freedoms at issue.
                               1949 Act and associated regulations.                                             fail to comply with the provisions of the 1949 Act
                                                                                                                and any associated secondary legislation.




                                                                                                                                                                                                                                Tables of Burdens
      Chapter 3 Marriages




                                                                                                                                                                                                                                            Tables of Burdens
      3.4.91 Registration of marriage
      Proposals introducing burdens – Registration of marriage
      Proposals             Would the               Would the              Would the               Would the new burden be proportionate to the               Would the proposal         Would the extent to which the order removes
                            proposal impose or      proposal remove        proposal prevent        benefit?                                                   strike a fair balance      or reduces burdens make it desirable for the
                            remove a burden?        any necessary          anyone from                                                                        between the interests      RRO to be made?
                                                    protection?            exercising a right                                                                 of those affected and
                                                                           or freedom?                                                                        the public?
      Use the marriage      Duty on couple to       No: the proposal      No: there are no         Yes: the inconvenience to the couple would in              Yes: the proposed system   Yes: the proposed system for the registration of
      schedule as the       return schedule to      aims to ensure that   rights or freedoms       practical terms, be negligible. The benefit would be a     would reduce the costs     marriages would be overall less burdensome than
      registration          registration            the marriage          at issue.                much improved, more efficient system, with more            to the public purse        the present system. It would make best use of
      document instead      authority that issued   schedule is returned                           timely and consistent collection of information.           significantly.             information technology and replace an out-
      of marriage           it.                     to the registration                                                                                                                  dated, paper-based system.
      registers.                                    authority so that the
                                                    marriage can be
                                                    registered. Duty
                                                    placed on couple as
                                                    they affected the
                                                    most if marriage
                                                    not registered.

      Use the marriage      Requirement on          No: the proposal       No: there are no        Yes: the registration authority would be easily able to    Yes: the proposal would    Yes: the proposed system for the registration of
      schedule as the       registration            aims to ensure that    rights or freedoms      identify, through the use of the central database,         reduce the costs to the    marriages would be overall less burdensome than
      registration          authorities to          all marriages are      at issue.               those schedules that had not been returned. It is          public purse               the present system. It would make best use of
      document instead      identify missing        registered.                                    essential that all marriages are registered.               significantly whilst at    information technology and replace an out-
      of marriage           schedules and to                                                                                                                  the same time, ensure      dated, paper-based system.
      registers.            ascertain their                                                                                                                   that all marriages were
                            whereabouts.                                                                                                                      registered.
      Remove registers      Requirement on          No: the schedule       No: there are no        Yes: registration authorities would no longer need to      Yes: the proposed system   Yes: the proposed system for the registration of
      and enter marriages   registration            system would still     rights or freedoms      deal with the collection of quarterly copies. Instead      would reduce the costs     marriages would be overall less burdensome than
      direct onto central   authorities to          require the            at issue.               they would administer a much more efficient system         to the public purse        the present system. It would make best use of
      database.             register all            registration of all                            for the registration of marriages, that makes best use     significantly.             information technology and replace an out-
                            marriages.              marriages, and legal                           of modern technology.                                                                 dated, paper-based system.
                                                    and administrative
                                                    procedures would
                                                    be in place to
                                                    ensure compliance.
      Use the marriage      Requirement on          No: this would         No: although there      Yes: use of the schedule instead of registers allows for   Yes: the proposed system   Yes: the proposed system for the registration of
      schedule as the       couple, witnesses       replace the current    would no longer be      a much improved, more efficient system for the             would reduce the costs     marriages would be overall less burdensome than
      registration          and the celebrant to    signing of the         statutory marriage      registration of marriages, that makes best use of          to the public purse        the present system. It would make best use of
      document instead      sign the schedule.      marriage register.     registers,              modern technology.                                         significantly.             information technology and replace an out-
      of marriage                                                          denominations                                                                                                 dated, paper-based system.
      registers.                                                           could continue to
                                                                           maintain a non-
                                                                           statutory register of
                                                                           all marriages that
                                                                           take place in their




                                                                                                                                                                                                                                            Annex A
                                                                           buildings.
199
200



      Chapter 3 Marriages




                                                                                                                                                                                                                                       Annex A
      3.4.91 Registration of marriage
      Proposals introducing burdens – Registration of marriage
      Proposals              Would the             Would the              Would the            Would the new burden be proportionate to the             Would the proposal         Would the extent to which the order removes
                             proposal impose or    proposal remove        proposal prevent     benefit?                                                 strike a fair balance      or reduces burdens make it desirable for the
                             remove a burden?      any necessary          anyone from                                                                   between the interests      RRO to be made?
                                                   protection?            exercising a right                                                            of those affected and
                                                                          or freedom?                                                                   the public?
      Celebrant should       Enabling provision    No: this would       No: there are no       Yes: should ensure that the quality of the information   Yes: it is of general      Yes: the proposed system for the registration of
      be able to verify      that applies to       replace the current  rights or freedoms     should not suffer. Information would already be          interest for the           marriages would be overall less burdensome than
      with the couple the    celebrant who is to   provision that       at issue.              shown on the schedule and would just need to be          information to be as       the present system. It would make best use of
      information to be      solemnise the         applies to those who                        verified with the couple.                                accurate as possible at    information technology and replace an out-
      recorded in the        marriage.             are required to                                                                                      the time of the            dated, paper-based system.
      marriage schedule.                           register marriages.                                                                                  marriage. The
                                                   Ensures that the                                                                                     inconvenience to those
                                                   quality of the                                                                                       wishing to marry is
                                                   information should                                                                                   negligible.
                                                   not suffer.
      It should be an        Burden on any         No: maintains          No: there are no     Yes: should act as a deterrent to ensure integrity of    Yes: society has an      Yes: the overall proposals make it desirable that
      offence for any        person who acts       current level of       rights or freedoms   marriage system is maintained.                           interest in whether      the Order should be made.
      person to fail or      accordingly.          protection. Offence    at issue.                                                                     marriages are registered
      refuse to register a                         currently relates to                                                                                 as do the couple who are
      marriage.                                    those who are                                                                                        contracting the
                                                   required to register                                                                                 marriage.
                                                   marriages.
      It should be an        Burden on any         No: maintains          No: there are no     Yes: should act as a deterrent to ensure integrity of    Yes: society has an      Yes: the overall proposals make it desirable that
      offence for any        person who acts       current level of       rights or freedoms   marriage system is maintained.                           interest in whether      the Order should be made.
      person to register a   accordingly.          protection. Offence    at issue.                                                                     marriages are registered
      marriage knowing                             currently relates to                                                                                 as do the couple who are
      it to be void.                               those who are                                                                                        contracting the
                                                   required to register                                                                                 marriage.
                                                   marriages.
      It should be an        Burden on the         No: maintains          No: there are no     Yes: should act as a deterrent to ensure integrity of    Yes: society has an        Yes: the overall proposals make it desirable that
      offence for the        celebrant who         current level of       rights or freedoms   marriage system is maintained.                           interest in whether        the Order should be made.
      celebrant to fail to   performs the          protection.            at issue.                                                                     marriages are registered
      sign the marriage      marriage ceremony.                                                                                                         in accordance with the
      schedule or to                                                                                                                                    law as do the couple
      comply with the                                                                                                                                   who are contracting the
      provisions of the                                                                                                                                 marriage.
      1949 Act or any
      associated
      regulations.




                                                                                                                                                                                                                                       Tables of Burdens
      Chapter 3 Marriages




                                                                                                                                                                                                                                          Tables of Burdens
      3.5 Marriages of the housebound and detained
      Burdens removed or reduced – Marriages of the housebound and detained
      Legislation              Burdens imposed by legislation                                                        Would the proposal remove any necessary                 Would the proposal prevent anyone exercising a right
                                                                                                                     protection?                                             or freedom?
      Marriage Act 1949,       Requirement on couple to provide superintendent registrar with relevant               No: there would continue to be a requirement for        No: couples would still be able to marry at their place of
      S27A                     statements.                                                                           statements to be produced in order to establish that    residence where they need to do so.
                                                                                                                     marriage is one that can legally take place at the
                                                                                                                     residence of a housebound or detained person.
                                                                                                                     Statements would be produced to registration
                                                                                                                     authority rather than superintendent registrar.

      Marriage Act 1949,       Requirement on superintendent registrar to receive relevant statements from the       No: there would continue to be a requirement for        No: couples would still be able to marry at their place of
      S27A                     couple, and to enter the notice in the marriage notice book, once he or she has       notice of marriage to be given, and for statements to   residence where they need to do so.
                               done so, together with reference to the relevant statements.                          be produced, but preliminaries would be dealt with
                                                                                                                     by registration officer rather than superintendent
                                                                                                                     registrar.

      Marriage Act 1949,       Provision for superintendent registrar to collect a fee for attendance at the         No: statutory fee would be retained, payable to         No: couples would still be able to marry at their place of
      S27A(7)                  residence of a housebound or detained person in order to attest the notice.           registration authority. Safeguards the interests of     residence where they need to do so, at a reasonable cost.
                                                                                                                     those who have no choice but to marry at their place
                                                                                                                     of residence.
      Marriage Act 1949,       Requirement for all civil marriages at the residence of a housebound or detained      No: procedures would be put in place to ensure that No: there are no rights or freedoms at issue.
      S45A                     person to be solemnised in the presence of a registrar and a superintendent           all marriages take place in the presence of a celebrant
                               registrar, and for fees to be paid.                                                   instead, who would ensure that the correct
                                                                                                                     procedures are followed.
      Marriage Act 1949, S53   Requirement for all marriages at the residence of a housebound or detained            No: there would be procedures put in place to           No: there are no rights or freedoms at issue.
                               person to be registered by a registrar [apart from those according to the rites and   ensure that all marriages continue to be registered.
                               ceremonies of the Jews, Quakers, Church of England and Church in Wales].
      Marriage Act 1949, S55   Requirement on clergyman to register marriages at the residence of a                  No: there would be procedures put in place to           No: there are no rights or freedoms at issue.
                               housebound or detained person according to the rites and ceremonies of the            ensure that all marriages continue to be registered.
                               Church of England or Church in Wales in registers belonging to local parish
                               church and to keep registers safe.
      Marriage Act 1949,       Offence for anyone to solemnise a marriage at the residence of a housebound or        No: instead, it would be an offence for anyone to       No: there are no rights or freedoms at issue.
      S75(2)(bb)               detained person in the absence of a registrar [unless it is a marriage according to   solemnise a marriage in the absence of a duly
                               the rites and ceremonies of the Church of England or the Church in Wales].            appointed celebrant.
      Marriage Act 1949,       Offence for anyone to solemnise a marriage after the superintendent registrar’s       No: instead, it would be an offence for any person      No: there are no rights or freedoms at issue.
      S75(2)(e)                certificate has expired.                                                              to solemnise a marriage after the Schedule has
                                                                                                                     expired.
      Marriage Act 1949,       Offence for a superintendent registrar to issue his authority more than three         No: instead, it would be an offence for any person      No: there are no rights or freedoms at issue.
      S75(3)(b)                months after the notice was given.                                                    to issue a Schedule more than three months after the
                                                                                                                     notice of marriage was given.




                                                                                                                                                                                                                                          Annex A
201
202



      Chapter 3 Marriages




                                                                                                                                                                                                                                          Annex A
      3.5 Marriages of the housebound and detained
      Proposals introducing burdens – Marriages of the housebound and detained
      Proposals            Would the              Would the               Would the            Would the new burden be proportionate to the             Would the proposal            Would the extent to which the order removes
                           proposal impose        proposal remove         proposal prevent     benefit?                                                 strike a fair balance         or reduces burdens make it desirable for the
                           or remove a            any necessary           anyone from                                                                   between the interests of      RRO to be made?
                           burden?                protection?             exercising a right                                                            those affected and the
                                                                          or freedom?                                                                   public?

      Statements to be     Require the couple     No: transfer of         No: there are no     Yes: couples already provide documents to                Yes: there is no              Yes: the additional burden on registration
      produced to          to produce relevant    responsibility from     rights or freedoms   superintendent registrar. Transferring requirement to    additional burden on the      authorities of having to inspect statements is
      registration         statements to the      registration officers   at issue.            registration authority would create no additional        couple in having to           negligible when compared with the present
      authority.           registration           to registration                              burden on them. Benefit in terms of maintaining          produce statements to         system of marriage. Overall, the proposals
                           authority.             authority would not                          the integrity of the system of marriage in England       the registration              would create a more flexible and responsive
                                                  remove any                                   and Wales is proportionate to the additional burden      authority, but it is in the   system that better meets the needs of the public.
                                                  necessary                                    on registration authorities in having to inspect         interests of the general
                                                  protections. Couple                          statements.                                              public that the interests
                                                  would still be                                                                                        of those who need to
                                                  required to comply                                                                                    marry at home are
                                                  with requirements                                                                                     safeguarded.
                                                  of Marriage Act
                                                  1949.
      Couples would give   Require registration   No: transfer of         No: there are no     Yes: with the removal of the statutory posts of          Yes: the proposal would       Yes: the proposal to allow couples to give notice
      notice to any        authority to accept    responsibility from     rights or freedoms   superintendent registrar and registrar, registration     introduce greater             to any registration authority would be overall
      registration         notices, enter         registration officers   at issue.            authorities would have greater freedom and flexibility   flexibility in how notice     less burdensome than the current system. It
      authority.           details onto           to registration                              about how they deliver registration services.            of marriage is given, but     allows for greater use of information technology
                           database and refer     authority would not                                                                                   at the same time retain       and provides individuals with greater choice
                           to statements.         remove any                                                                                            many of the current           about where to access registration services.
                                                  necessary                                                                                             safeguards that help to
                                                  protections.                                                                                          deter fraudulent or
                                                  Registration                                                                                          bigamous marriages.
                                                  authorities would
                                                  still be required to
                                                  comply with
                                                  requirements of
                                                  Marriage Act 1949
                                                  to ensure couples
                                                  were free to marry
                                                  each other.




                                                                                                                                                                                                                                          Tables of Burdens
      Chapter 3 Marriages




                                                                                                                                                                                                                                                 Tables of Burdens
      3.5 Marriages of the housebound and detained
      Proposals introducing burdens – Marriages of the housebound and detained
      Proposals               Would the               Would the               Would the             Would the new burden be proportionate to the              Would the proposal            Would the extent to which the order removes
                              proposal impose         proposal remove         proposal prevent      benefit?                                                  strike a fair balance         or reduces burdens make it desirable for the
                              or remove a             any necessary           anyone from                                                                     between the interests of      RRO to be made?
                              burden?                 protection?             exercising a right                                                              those affected and the
                                                                              or freedom?                                                                     public?

      Provision for the       Registration            No: it would ensure     No: everyone          Yes: it would ensure that people were not                 Yes: marriage would be        Yes: we consider the proposal for a celebrant-
      registration            authorities would       that marriage is        needing to marry at   disadvantaged by the new arrangements and that            available to everyone at a    based system for marriage to be overall less
      authority to collect    be required to          available to            their place of        marriage was available to everyone who needed to          reasonable cost but the       burdensome than the present system of
      a fee for the           attend at residence     everyone, at a          residence would       marry at their place of residence at a reasonable cost.   interests of those who        registration and approval of buildings for the
      attendance at the       of housebound or        reasonable cost.        still be able to do                                                             needed to marry at home       purposes of marriage. The requirement to attest
      residence of a          detained person in                              so, at a reasonable                                                             would be safeguarded.         notices at home for a nationally set statutory fee
      housebound or           order to attest                                 cost.                                                                                                         would ensure that marriage is still available to
      detained person to      notice for a                                                                                                                                                  everyone.
      attest the notice.      nationally set,
                              statutory fee.


      Provision for           Registration            No: it would ensure     No: everyone          Yes: it would ensure that people were not                 Yes: marriage would be        Yes: we consider the proposal for a celebrant-
      registration            authorities would       that marriage is        needing to marry at   disadvantaged by the new arrangements and that            available to everyone at a    based system for marriage to be overall less
      authority to collect    be required to          available to            their place of        marriage was available to everyone who needed to          reasonable cost but the       burdensome than the present system of
      statutory fee for       provide a civil         everyone, at a          residence would       marry at their place of residence at a reasonable cost.   interests of those who        registration and approval of buildings for the
      attendance of civil     celebrant for a         reasonable cost.        still be able to do                                                             needed to marry at home       purposes of marriage. The requirement to
      celebrant at            marriage at the                                 so, at a reasonable                                                             would be safeguarded.         provide a civil celebrant, for a nationally set
      marriage ceremony.      residence of a                                  cost.                                                                                                         statutory fee would ensure that marriage is still
                              housebound or                                                                                                                                                 available to everyone.
                              detained person for
                              a nationally set,
                              statutory fee.
      Require civil and       A new burden            No: currently, a        No: there are no      Yes: couples will no longer have to arrange for both a    Yes: the system will be       Yes: we consider the proposed system for the
      religious celebrants    would be placed on      registrar attends all   rights or freedoms    Minister and a registrar to attend their marriage         administratively simpler      registration of marriages at the residence of a
      to attend marriages     religious celebrants    marriages at the        at issue.             ceremony at a mutually convenient time. Will only         for the couple, whilst        housebound or detained person to be overall less
      at the residence of a   to attend marriages     residence of a                                need to arrange the attendance of the religious           still containing sufficient   burdensome than the present system.
      housebound or           at the residence of a   housebound or                                 celebrant.                                                safeguards to ensure that
      detained person.        housebound or           detained person to                                                                                      all marriages are
                              detained person and     ensure they are                                                                                         registered.
                              to sign the Schedule    registered but in
                              as confirmation that    future, there will be
                              the marriage            no reason why a
                              ceremony has taken      religious celebrant
                              place.                  could not take on
                                                      this role.




                                                                                                                                                                                                                                                 Annex A
203
204



      Chapter 3 Marriages




                                                                                                                                                                                                                                           Annex A
      3.5 Marriages of the housebound and detained
      Proposals introducing burdens – Marriages of the housebound and detained
      Proposals              Would the             Would the                  Would the            Would the new burden be proportionate to the             Would the proposal         Would the extent to which the order removes
                             proposal impose       proposal remove            proposal prevent     benefit?                                                 strike a fair balance      or reduces burdens make it desirable for the
                             or remove a           any necessary              anyone from                                                                   between the interests of   RRO to be made?
                             burden?               protection?                exercising a right                                                            those affected and the
                                                                              or freedom?                                                                   public?
      Remove registers       Requirement on        No: the schedule      No: there are no          Yes: registration authorities would no longer need to    Yes: the proposed system   Yes: the proposed system for the registration of
      and enter marriages    registration          system would still    rights or freedoms        deal with the collection of quarterly copies. Instead,   would reduce the costs     marriages would be overall less burdensome
      direct onto central    authorities to        require the           at issue.                 they would administer a much more efficient system       to the public purse        than the present system. It would make best use
      database.              register all          registration of all                             for the registration of marriages, that makes best use   significantly.             of information technology and replace an out-
                             marriages that take   marriages, and legal                            of modern technology.                                                               dated, paper-based system.
                             place at the          procedures would
                             residence of a        be in place to ensure
                             housebound or         compliance.
                             detained person.
      Should be an           Burden on any         No: maintains              No: there are no     Yes: should act as a deterrent to ensure the integrity   Yes: society has an        Yes: the overall proposals make it desirable that
      offence for any        person who acts       current levels of          rights or freedoms   of the marriage system is maintained.                    interest in whether        the Order should be made.
      person to issue a      accordingly.          protection. Offence        at issue.                                                                     marriages are conducted
      Schedule more than                           relates to issue of                                                                                      in accordance with the
      three months after                           Schedule rather                                                                                          law as do the couple who
      notice has been                              than issue of                                                                                            are contracting the
      given.                                       superintendent                                                                                           marriage.
                                                   registrar’s certificate.
      Should be an           Burden on any         No: maintains              No: there are no     Yes: should act as a deterrent to ensure the integrity   Yes: society has an        Yes: the overall proposals make it desirable that
      offence for any        person who acts       current levels of          rights or freedoms   of the marriage system is maintained.                    interest in whether        the Order should be made.
      person to solemnise    accordingly.          protection. Offence        at issue.                                                                     marriages are conducted
      a marriage more                              relates to issue of                                                                                      in accordance with the
      than three months                            Schedule rather                                                                                          law as do the couple who
      after the notice has                         than issue of                                                                                            are contracting the
      been given.                                  superintendent                                                                                           marriage.
                                                   registrar’s certificate.
      Should be an           Burden on any         No: maintains              No: there are no     Yes: should act as a deterrent to ensure the integrity   Yes: society has an        Yes: the overall proposals make it desirable that
      offence for anyone     person who acts       current levels of          rights or freedoms   of the marriage system is maintained.                    interest in whether        the Order should be made.
      to solemnise a         accordingly.          protection. Offence        at issue.                                                                     marriages are conducted
      marriage in the                              relates to absence of                                                                                    in accordance with the
      absence of a duly                            celebrant rather                                                                                         law as do the couple who
      appointed                                    than absence of                                                                                          are contracting the
      celebrant.                                   registrar.                                                                                               marriage.




                                                                                                                                                                                                                                           Tables of Burdens
      Chapter 3 Marriages




                                                                                                                                                                                                                                          Tables of Burdens
      3.6 Marriage following the issue of a Registrar General’s Licence
      Burdens removed or reduced – Marriages following the issue of a Registrar General’s Licence
      Legislation              Burdens imposed by legislation                                                    Would the proposal remove any necessary                  Would the proposal prevent anyone exercising a right
                                                                                                                 protection?                                              or freedom?

      Marriage (Registrar      Requirement for notice to be entered in marriage notice book.                     No: notice would be entered onto central database        No: there are no rights or freedoms at issue. Those who
      General’s Licence) Act                                                                                     instead.                                                 use marriage notice books for commercial reasons to
      1970, S2 and S4                                                                                                                                                     search for details of couples who are marrying have no
                                                                                                                                                                          interest in those marrying following the issue of a
                                                                                                                                                                          Registrar General’s Licence.
      Marriage (Registrar      Requirement for notice to be given to superintendent registrar, together with     No: there would still be a requirement for notice of     No: there are no rights or freedoms at issue.
      General’s Licence) Act   relevant evidence.                                                                marriage to be given, but to any registration
      1970, S3                                                                                                   authority, so that a person’s identity and legal
                                                                                                                 capacity to marry could be established.
      Marriage (Registrar      Requirement for couple to use words of declaration and contract as set out in     No: there would continue to be a requirement for         Yes: those marrying according to the rites and ceremonies
      General’s Licence) Act   Marriage Act 1949 [apart from those marrying according to the rites and           the couple to make a declaration, in the presence of     of the Jews and Quakers would be subject to these
      1970, S10                ceremonies of the Jews and Quakers].                                              each other, two witnesses and the celebrant that they    provisions. However, in many instances it is likely that
                                                                                                                 accept each other as husband and wife, and for the       the current form of marriage ceremony used by the Jews
                                                                                                                 celebrant to make a declaration that the couple are      and the Society of Friends would meet the criteria
                                                                                                                 now husband and wife.                                    imposed by this requirement.
      Marriage (Registrar      Requirement for all marriages to be solemnized in the presence of a registrar     No: instead, all marriages would take place in the       No: it would still be possible for couples to have a civil or
      General’s Licence) Act   (and a superintendent registrar if the marriage is to be a civil ceremony).       presence of a duly appointed celebrant.                  religious marriage ceremony, but in the presence of a civil
      1970, S10                                                                                                                                                           or religious celebrant rather than a registrar (and a
                                                                                                                                                                          superintendent registrar).

      Marriage (Registrar      Requirement for superintendent registrar to issue a document confirming           No: in the absence of the Registrar General’s            No: there are no rights or freedoms at issue.
      General’s Licence) Act   licence has been issued.                                                          Licence, the registration authority would continue
      1970, S14                                                                                                  to issue a document to the celebrant confirming that
                                                                                                                 the Licence has been issued.

      Marriage (Registrar      Requirement for all marriages to be registered by a registrar.                    No: there would continue to be a requirement for all     No: there are no rights or freedoms at issue.
      General’s Licence) Act                                                                                     marriages to be registered.
      1970, S15
      Marriage (Registrar      Offence for a superintendent registrar to solemnise a marriage knowing it to be   No: instead it would be an offence for a celebrant to    No: there are no rights or freedoms at issue.
      General’s Licence) Act   void or for a registrar to register a marriage in such circumstances.             solemnise a marriage knowing it to be void;
      1970, S16                                                                                                  responsibility for the registration of marriages would
                                                                                                                 lie with the registration authority. It would be an
                                                                                                                 offence for any person to register a marriage
                                                                                                                 knowing it to be void.
      Marriage (Registrar      Requirement on Registrar General to pay registration officers for their           No: registration authorities would continue to           No: there are no rights or freedoms at issue.
      General’s Licence) Act   involvement in a marriage following the issue of a Registrar General’s Licence.   provide the facilities for marriage where one of the
      1970, S17                                                                                                  couple is seriously ill and not expected to recover.
                                                                                                                 Fees would be recovered from the couple or waived
                                                                                                                 in cases of hardship.




                                                                                                                                                                                                                                          Annex A
205
206



      Chapter 3 Marriages




                                                                                                                                                                                                                                           Annex A
      3.6 Marriage following the issue of a Registrar General’s Licence
      Proposals introducing burdens – Marriages following the issue of a Registrar General’s Licence
      Proposals             Would the               Would the               Would the            Would the new burden be proportionate to the             Would the proposal          Would the extent to which the order removes
                            proposal impose         proposal remove         proposal prevent     benefit?                                                 strike a fair balance       or reduces burdens make it desirable for the
                            or remove a             any necessary           anyone from                                                                   between the interests       RRO to be made?
                            burden?                 protection?             exercising a right                                                            of those affected and
                                                                            or freedom?                                                                   the public?
      Couples would give    Requirement on          No: transfer of         No: there are no     Yes: with the removal of statutory posts of              Yes: the proposal would     Yes: the proposal allows for greater use of
      notice to             registration            responsibility from     rights or freedoms   superintendent registrar and registrar, registration     introduce benefits to       information technology. Use of central database
      registration          authorities to accept   registration officers   at issue.            authorities would have greater freedom and flexibility   couple but at the same      provides benefits for the couple eg details can be
      authority where       notices of marriage,    to registration                              about how they deliver registration services.            time retain many of the     verified via information held on central database.
      marriage is to take   attest them, enter      authority would not                                                                                   current safeguards that
      place.                them onto the           remove any                                                                                            help to deter fraudulent
                            central database.       necessary                                                                                             or bigamous marriages.
                                                    protections.
                                                    Registration
                                                    authorities would
                                                    still be required to
                                                    comply with
                                                    requirements of
                                                    Marriage (Registrar
                                                    General’s Licence)
                                                    Act 1970 to ensure
                                                    couples were free to
                                                    marry each other.
      Couples would         Duty on couple to       No: transfer of         No: there are no     Yes: couples already produce evidence to                 Yes: there is no            Yes: the additional burden on registration
      produce relevant      produce evidence to     responsibility from     rights or freedoms   superintendent registrar. Transferring requirement to    additional burden on        authorities of having to inspect documents is
      evidence to           registration            registration officers   at issue.            registration authority would create no additional        the couple in having to     negligible. Overall, the proposals would create a
      registration          authority.              to registration                              burden on them. Benefit in terms of maintaining          produce medical             more flexible and responsive system that better
      authority.                                    authority would not                          the integrity of the system of marriage in England       evidence to the             meets the needs of the public.
                                                    remove any                                   and Wales is proportionate to the additional burden      registration authority,
                                                    necessary                                    on registration authorities having to inspect medical    but it is essential that
                                                    protections.                                 evidence.                                                checks are made to
                                                    Registration                                                                                          ensure the couple meet
                                                    authority would still                                                                                 the criteria for marriage
                                                    be required to                                                                                        in these circumstances.
                                                    comply with
                                                    requirements of
                                                    Marriage (Registrar
                                                    General’s Licence)
                                                    Act 1970 to ensure
                                                    couple met criteria
                                                    for marriage in




                                                                                                                                                                                                                                           Tables of Burdens
                                                    these circumstances.
      Chapter 3 Marriages




                                                                                                                                                                                                                                              Tables of Burdens
      3.6 Marriage following the issue of a Registrar General’s Licence
      Proposals introducing burdens – Marriages following the issue of a Registrar General’s Licence
       Proposals              Would the                Would the              Would the             Would the new burden be proportionate to the             Would the proposal           Would the extent to which the order removes
                              proposal impose          proposal remove        proposal prevent      benefit?                                                 strike a fair balance        or reduces burdens make it desirable for the
                              or remove a              any necessary          anyone from                                                                    between the interests        RRO to be made?
                              burden?                  protection?            exercising a right                                                             of those affected and
                                                                              or freedom?                                                                    the public?

       Couple would pay       Couple would pay         No: requirements of    No: there are no      Yes: additional burden on couple but would remove        Yes: fees for marriage       Yes: the additional burden is negligible when
       registration           for giving notice        1970 Act would still   rights or freedoms    anomalies which currently exist surrounding fees.        following the issue of a     compared with the overall benefits that the
       authority for notice   and marriage             need to be met.        at issue. Couple                                                               Registrar General’s          proposals would bring.
       of marriage and        ceremony at a fee                               would still be able                                                            Licence would be
       ceremony instead of    equivalent to that                              to marry quickly at                                                            equivalent to those for
       Registrar General.     for other marriages.                            a reasonable cost.                                                             other marriages.




       Registration           Registration             No: registration    No: there are no         Yes: burden currently lies with superintendent           Yes: the proposal would      Yes: the overall proposals make it desirable that
       authority to accept    authority to inform      authorities would   right or freedoms at     registrar. Transfer of responsibility to registration    maintain current             the Order should be made.
       notice of marriage     Registrar General of     have to comply with issue.                   authority could lead to improvements in delivery of      safeguards but bring
       and enter onto         the receipt of notice    requirements of                              registration services.                                   benefits for those
       central database.      and to issue a           1970 Act.                                                                                             involved.
                              document to
                              celebrant
                              confirming that
                              Licence has been
                              issued.
       Remove registers       Requirement on           No: there would       No: there are no       Yes: registration authorities would no longer need to    Yes: the proposed system     Yes: the proposed system for the registration of
       and enter marriages    registration             still be a            rights or freedoms     deal with the collection of quarterly copies. Instead,   would reduce the costs       marriages would be overall less burdensome than
       direct onto central    authorities to           requirement for all   at issue.              they would administer a much more efficient system       involved in the              the present system. It would make best use of
       database.              register all marriage.   marriages to be                              for the registration of marriages, that makes best use   registration of marriages.   modern technology and replace an out-dated,
                                                       registered, and legal                        of modern technology.                                                                 paper-based system.
                                                       and administrative
                                                       procedures would
                                                       be in place to ensure
                                                       compliance.




                                                                                                                                                                                                                                              Annex A
207
208



      Chapter 3 Marriages




                                                                                                                                                                                                                                                Annex A
      3.6 Marriage following the issue of a Registrar General’s Licence
      Proposals introducing burdens – Marriages following the issue of a Registrar General’s Licence
      Proposals              Would the               Would the               Would the                 Would the new burden be proportionate to the            Would the proposal           Would the extent to which the order removes
                             proposal impose         proposal remove         proposal prevent          benefit?                                                strike a fair balance        or reduces burdens make it desirable for the
                             or remove a             any necessary           anyone from                                                                       between the interests        RRO to be made?
                             burden?                 protection?             exercising a right                                                                of those affected and
                                                                             or freedom?                                                                       the public?
      All marriages to       A new burden            No: maintains           Yes: those marrying       Yes: need to ensure there is clarity about when         Yes: maintains clarity       Yes: the overall proposals of a celebrant-based
      include a              would be placed on      current levels of       according to the          marriage ceremony has been concluded. New               about when marriage          model of marriage, and the flexibility such a
      declaration by the     the couple and the      protections. There      rites and                 burden which is negligible, achieves this and also      ceremony has been            system would bring, makes it desirable that the
      couple that they       celebrants to say the   would continue to       ceremonies of the         puts everyone wishing to marry on a ‘level playing      concluded but at the         Order should be made.
      accept each other as   relevant                be a requirement for    Jews and the              field’ in this respect.                                 same time introduces
      husband and wife,      declarations.           the couple to make      Society of Friends                                                                some flexibility for those
      and a declaration by                           a declaration, in the   would be subject to                                                               who wish to personalise
      the celebrant that                             presence of each        these provisions.                                                                 or adapt their marriage
      the couple are                                 other, two witnesses    However, in many                                                                  ceremony.
      husband and wife.                              and the celebrant       instances, it is likely
                                                     that they accept        that the current
                                                     each other as           form of marriage
                                                     husband and wife,       ceremony used by
                                                     and for the             the Jews and the
                                                     celebrant to make a     Society of Friends
                                                     declaration that the    would meet the
                                                     couple are now          criteria imposed by
                                                     husband and wife.       this requirement.

      Use the Licence as     Requirement on          No: this would          No: although there        Yes: allows for a much improved, more efficient         Yes: the proposed system     Yes: the proposed system for the registration of
      the registration       couple, witnesses       replace the current     would no longer be        system for the registration of marriages, that makes    would reduce the costs       marriages would be overall less burdensome than
      document instead of    and the celebrant to    signing of the          statutory marriage        best use of modern technology.                          involved in the              the present system. It would make best use of
      marriage registers.    sign the Licence.       marriage register.      registers,                                                                        registration of marriages.   information technology and replace an out-
                                                                             denominations                                                                                                  dated, paper-based system.
                                                                             could continue to
                                                                             maintain a non-
                                                                             statutory register.
      It should be an        Burden on any           No: maintains           No: there are no          Yes: should act as a deterrent to ensure integrity of   Yes: society has an          Yes: the overall proposals make it desirable that
      offence for a          celebrant who acts      current level of        rights or freedoms        marriage system is maintained.                          interest in whether          the Order should be made.
      celebrant to           accordingly.            protection. Offence     at issue.                                                                         marriages are conducted
      solemnise a                                    relates to celebrant                                                                                      in accordance with the
      marriage knowing it                            rather than                                                                                               law as do the couple
      to be void.                                    superintendent                                                                                            who are contracting the
                                                     registrar.                                                                                                marriage.
      It should be an        Burden on any           No: maintains           No: there are no          Yes: should act as a deterrent to ensure integrity of   Yes: society has an          Yes: the overall proposals make it desirable that




                                                                                                                                                                                                                                                Tables of Burdens
      offence for any        person who acts         current level of        rights or freedoms        marriage system is maintained.                          interest in whether          the Order should be made.
      person to solemnise    accordingly.            protection. Offence     at issue.                                                                         marriages are conducted
      a marriage in the                              relates to absence of                                                                                     in accordance with the
      absence of a duly                              celebrant rather                                                                                          law as do the couple
      appointed celebrant.                           than absence of                                                                                           who are contracting the
                                                     registrar.                                                                                                marriage.
      Chapter 3 Marriages




                                                                                                                                                                                                                                  Tables of Burdens
      3.6 Marriage following the issue of a Registrar General’s Licence
      Proposals introducing burdens – Marriages following the issue of a Registrar General’s Licence
      Proposals              Would the         Would the              Would the            Would the new burden be proportionate to the            Would the proposal         Would the extent to which the order removes
                             proposal impose   proposal remove        proposal prevent     benefit?                                                strike a fair balance      or reduces burdens make it desirable for the
                             or remove a       any necessary          anyone from                                                                  between the interests      RRO to be made?
                             burden?           protection?            exercising a right                                                           of those affected and
                                                                      or freedom?                                                                  the public?
      It should be an        Burden on any     No: maintains          No: there are no     Yes: should act as a deterrent to ensure integrity of   Yes: society has an        Yes: the overall proposals make it desirable that
      offence for anyone     person who acts   current levels of      rights or freedoms   marriage system is maintained.                          interest in whether        the Order should be made.
      to solemnise a         accordingly.      protection.            at issue.                                                                    marriages are conducted
      marriage once the                                                                                                                            in accordance with the
      Licence has expired.                                                                                                                         law as do the couple
                                                                                                                                                   who are contracting the
                                                                                                                                                   marriage.

      It should be an        Burden on any     No: maintains          No: there are no     Yes: should act as a deterrent to ensure integrity of   Yes: society has an        Yes: the overall proposals make it desirable that
      offence for any        person who acts   current levels of      rights or freedoms   marriage system is maintained.                          interest in whether        the Order should be made.
      person to register a   accordingly.      protection. Offence    at issue.                                                                    marriages are registered
      marriage knowing it                      currently relates to                                                                                as do the couple who are
      to be void.                              registrar.                                                                                          contracting the marriage
                                                                                                                                                   ceremony.




                                                                                                                                                                                                                                  Annex A
209
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                                                                                                                                                                                                                                           Annex A
      3.7 Marriage according to the rites and ceremonies of the Church of England
      Burdens removed or reduced – Preliminaries to marriage according to the rites and ceremonies of the Church of England
      Legislation                  Burdens imposed by legislation                                                     Would the proposal remove any necessary                  Would the proposal prevent anyone exercising a right
                                                                                                                      protection?                                              or freedom?
      Marriage Act 1949, S6        Requirement for banns of marriage to be published in the parish church where       No: publication of banns would be replaced by joint      No: there are no rights or freedoms at issue.
                                   the parties live, the parish church of a neighbouring parish or the church which   church/state preliminaries to marriage. Marriage
                                   is their usual place of worship.                                                   would still be publicised.
      Marriage Act 1949, S7        Requirement for the parochial church council (or the warden of the chapel) to      No: introduction of joint church/state preliminaries     No: there are no rights or freedoms at issue. Forthcoming
                                   provide a register book of banns and for the banns to be announced in              would mean that marriage is still publicised.            marriages could still be announced during Sunday service
                                   accordance with the prescribed words in the Book of Common Prayer.                                                                          but such an announcement would have no legal effect.
      Marriage Act 1949, S8        Requirement for a member of the clergy, or in certain circumstances a lay          No: publication of banns would be replaced by joint      No: there are no rights or freedoms at issue.
      and S9                       person, to publish the banns of matrimony, and to sign the banns register each     church/state preliminaries to marriage.
                                   time the banns are announced.
      Marriage Act 1949, S11       Requirement for member of the clergy to inspect a banns certificate confirming     No: publication of banns would be replaced by joint      No: there are no rights or freedoms at issue.
                                   that the banns have been called in another parish.                                 church/state preliminaries to marriage.
      Marriage Act 1949, S13       Requirement for banns of marriage to be published in the local parish church       No: provision would continue to exist for the            No: there are no rights or freedoms at issue. Marriage
                                   where one of the couple lives there and the other lives in Scotland, Northern      preliminaries to be completed in such circumstances      would still be able to go ahead in such circumstances.
                                   Ireland or the Irish Republic.                                                     - either joint church/state preliminaries or the issue
                                                                                                                      of an Archbishop of Canterbury’s Special Licence.
      Marriage Act 1949, S13       Provision for person resident in Scotland, Northern Ireland and the Irish          No: provision would continue to exist for the            No: there are no rights or freedoms at issue. Marriage
                                   Republic to have their banns published there for a marriage in England or          preliminaries to be completed in such circumstances      would still be able to go ahead in such circumstances.
                                   Wales.                                                                             - either joint church/state preliminaries or the issue
                                                                                                                      of an Archbishop of Canterbury’s Special Licence.
      Marriage Act 1949, S14       Requirement for captain or chaplain to publish banns where one of the couple       No: provision would continue to exist for the            No: there are no rights or freedoms at issue. Marriage
                                   is resident on board ship.                                                         preliminaries to be completed in such circumstances      would still be able to go ahead in such circumstances.
                                                                                                                      - either joint church/state preliminaries or the issue
                                                                                                                      of an Archbishop of Canterbury’s Special Licence.
      Marriage Act 1949, S14       Provision for person resident on board ship to have their banns called by          No: provision would continue to exist for the            No: there are no rights or freedoms at issue. Marriage
                                   chaplain or commanding officer.                                                    preliminaries to be completed in such circumstances      would still be able to go ahead in such circumstances.
                                                                                                                      - either joint church/state preliminaries or the issue
                                                                                                                      of an Archbishop of Canterbury’s Special Licence.
      Marriage Act 1949, S15       Provision for couples to apply for a common licence, for objections to be          No: issue of a common licence would be replaced by       No: there are no rights or freedoms at issue.
      and S16                      entered against the issue of such a licence and for these objections to be         either joint church/state preliminaries or an
                                   investigated and decided by an ecclesiastical judge.                               Archbishop of Canterbury’s Licence.
      Marriage Act 1949, S17       Provision for marriage according to the rites and ceremonies of the Church of      No: civil preliminaries would be replaced by joint       No: there are no rights or freedoms at issue.
                                   England to be preceded by civil preliminaries, providing the clergy who is to      church/state preliminaries.
                                   solemnise the marriage is agreeable.
      Marriage Act 1949, S18,      Requirement for banns of marriage to be published in a building directed or        No: publication of banns would be replaced by joint      No: there are no rights or freedoms at issue.




                                                                                                                                                                                                                                           Tables of Burdens
      19, 20, 21 and 23            licensed by the Bishop.                                                            church/state preliminaries to marriage.
      Marriage of British          Provision for banns to be called in a Commonwealth Country for marriage in         No: provision would continue to exist for the            No: there are no rights or freedoms at issue.
      Subjects (Facilities) Acts   England or Wales.                                                                  preliminaries to be completed in such circumstances
      1915 and 1916                                                                                                   - either joint church/state preliminaries or the issue
                                                                                                                      of an Archbishop of Canterbury’s Special Licence.
      Sharing of Church            Provision for banns to be published in a Church of England building which is       No: publication of banns would be replaced by joint      No: there are no rights or freedoms at issue. Buildings
      Buildings Act 1969, S6       party to a sharing agreement.                                                      church/state preliminaries to marriage.                  could still be party to and benefit from a ‘sharing’
                                                                                                                                                                               agreement.
      Chapter 3 Marriages




                                                                                                                                                                                                                                        Tables of Burdens
      3.7 Marriage according to the rites and ceremonies of the Church of England
      Proposals introducing burdens – Preliminaries to marriage according to the rites and ceremonies of the Church of England
      Proposals            Would the               Would the              Would the            Would the new burden be proportionate to the              Would the proposal         Would the extent to which the order removes
                           proposal impose or      proposal remove        proposal prevent     benefit?                                                  strike a fair balance      or reduces burdens make it desirable for the
                           remove a burden?        any necessary          anyone from                                                                    between the interests      RRO to be made?
                                                   protection?            exercising a right                                                             of those affected and
                                                                          or freedom?                                                                    the public?

      Introduction of      Requirement on          No: the system of      No: there are no     Yes: the inconvenience to the clergy should be            Yes: there is no           Yes: the Order would remove much of the
      joint church/state   member of the           joint church/state     rights or freedoms   negligible, given that information is already collected   additional burden on       regulation surrounding the publication of banns
      preliminaries.       clergy to complete a    preliminaries would    at issue.            for the publication of banns and entered into a banns     the couple. Marriages      and introduce a much more streamlined system
                           notice of marriage      ensure that all                             register. This activity would cease and be replaced by    according to the rites     for the preliminaries to marriage in the Church
                           and to send it to       marriages are                               completion of the notice forms.                           and ceremonies of the      of England.
                           registration            publicised and that                                                                                   Church of England
                           authority.              a person’s legal                                                                                      would be subject to the
                                                   capacity to marry is                                                                                  same checks and
                                                   established prior to                                                                                  safeguards as for all
                                                   the marriage                                                                                          other marriages.
                                                   ceremony taking
                                                   place.
      Introduction of      Requirement on          No: the system of      No: there are no     Yes: benefits in terms of maintaining the integrity of    Yes: it is in the interests Yes: the additional burden on the couple of
      joint church/state   couple to produce       joint church/state     rights or freedoms   the system of marriage is proportionate to the            of the general public       having to produce documents is negligible. It is
      preliminaries.       to member of the        preliminaries would    at issue.            additional burden of the couple having to produce         that checks on a person’s desirable that the Order should be made.
                           clergy evidence of      ensure that a                               evidence.                                                 capacity to marry are
                           their name, age,        person’s legal                                                                                        made prior to a marriage
                           marital status, usual   capacity to marry is                                                                                  ceremony.
                           address and             established prior to
                           nationality.            the marriage
                                                   ceremony taking
                                                   place.
      Introduction of      Requirement on          No: the system of      No: there are no     Yes: the burden on registration authorities would be      Yes: there is no           Yes: the new system allows for greater use of
      joint church/state   registration            joint church/state     rights or freedoms   negligible given that this process is adopted for all     additional burden on       information technology, with limited impact on
      preliminaries.       authority to enter      preliminaries would    at issue.            other marriages.                                          the couple. Marriages      the couple.
                           notices of marriage     ensure that all                                                                                       according to the rites
                           onto central            marriages are                                                                                         and ceremonies of the
                           database and to         publicised and that                                                                                   Church of England
                           publicise all such      a person’s legal                                                                                      would be subject to the
                           notices.                capacity to marry is                                                                                  same checks and
                                                   established prior to                                                                                  safeguards as for all
                                                   the marriage                                                                                          other marriages.
                                                   ceremony taking
                                                   place.




                                                                                                                                                                                                                                        Annex A
211
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      Chapter 3 Marriages




                                                                                                                                                                                                                                              Annex A
      3.7 Marriage according to the rites and ceremonies of the Church of England
      Proposals introducing burdens – Preliminaries to marriage according to the rites and ceremonies of the Church of England
      Proposals            Would the                Would the                Would the            Would the new burden be proportionate to the            Would the proposal          Would the extent to which the order removes
                           proposal impose or       proposal remove          proposal prevent     benefit?                                                strike a fair balance       or reduces burdens make it desirable for the
                           remove a burden?         any necessary            anyone from                                                                  between the interests       RRO to be made?
                                                    protection?              exercising a right                                                           of those affected and
                                                                             or freedom?                                                                  the public?
      Introduction of      Requirement on           No: if anything the      No: there are no     Yes: the burden would be negligible given the           Yes: there is no            Yes: the proposal is desirable as it will replace the
      joint church/state   Registrar General to     proposal introduces      rights or freedoms   introduction of a central database.                     additional burden on        present arrangement for those marrying
      preliminaries.       publicise all notices.   additional               at issue.                                                                    the couple or the clergy,   according to the rites and ceremonies of the
                                                    protection. For the                                                                                   but proposal will help to   Church of England which at present is limited
                                                    first time, there will                                                                                protect the interests of    to the publication of banns.
                                                    be a central list of                                                                                  those choosing to marry.
                                                    all notices of
                                                    marriage, linked to
                                                    a central database of
                                                    life events.
      Introduction of      Requirement on           No: registration         No: couple would   Yes: the benefits to the public of adopting this system   Yes: would ensure that a    Yes: the overall proposals make it desirable that
      joint church/state   registration             authority will           still be able to   outweigh the effect of the burden on the registration     couple’s capacity to        the Order should be made.
      preliminaries.       authorities to check     confirm that there is    marry, once a      authority.                                                marry continues to be
                           accuracy and             no impediment to         document had been                                                            checked before an
                           completeness of all      proposed marriage -      issued confirming                                                            authority for the
                           notices and to issue     maintains current        there was no                                                                 marriage to proceed is
                           Schedule.                levels of protection.    impediment to                                                                issued, and at the same
                                                                             proposed marriage                                                            time improve the service
                                                                             and providing                                                                to those wishing to
                                                                             member of clergy                                                             marry.
                                                                             agreed to perform
                                                                             marriage ceremony.




                                                                                                                                                                                                                                              Tables of Burdens
      Chapter 3 Marriages




                                                                                                                                                                                                                                         Tables of Burdens
      3.7 Marriage according to the rites and ceremonies of the Church of England
      Burdens removed or reduced – Ceremony and registration of marriages according to the rites and ceremonies of the Church of England
      Legislation               Burdens imposed by legislation                                                      Would the proposal remove any necessary                 Would the proposal prevent anyone exercising a right
                                                                                                                    protection?                                             or freedom?
      Marriage Act 1949, S4,    Marriages according to the rites and ceremonies of the Church of England must       No: there would continue to be a requirement for        No: the time of a marriage would be a matter for
      S5 and S7                 take place in accordance with the Book of Common Prayer, between the hours          both the bride and groom to be present at the           negotiation between the couple and the celebrant.
                                of 8am and 6pm.                                                                     marriage ceremony, which must take place in the
                                                                                                                    presence of two witnesses and the celebrant,
                                                                                                                    regardless of the time at which the marriage takes
                                                                                                                    place.
      Marriage Act 1949, S18,   Requirement on members of the clergy to register all marriages they solemnise,      No: there would continue to be a requirement for        No: although there would no longer be statutory marriage
      S54, S55 and S59          in duplicate marriage registers provided by the Registrar General that they are     all marriages to be registered and penalties for any    registers, denominations could continue to maintain a
                                required to keep safe.                                                              failure to do so.                                       non-statutory register of all marriages that take place in
                                                                                                                                                                            their buildings.
      Marriage Act 1949, S12    Marriage must take place in one of the churches or chapels in which banns have      No: the system of joint church/state preliminaries to   No: there are no rights or freedoms at issue.
                                been published, within 3 months of the publication of banns.                        marriage will replace the publication of banns, and
                                                                                                                    ensure that appropriate preliminaries are completed
                                                                                                                    before a marriage ceremony takes place.
      Marriage Act 1949, S46    Provision for couple to follow their civil ceremony with the Church of England      No: civil ceremony would take place in accordance       No: there are no rights or freedoms at issue.
                                marriage ceremony.                                                                  with provisions of Marriage Act 1949. Following
                                                                                                                    religious ceremony would have no legal effect.
      Marriage Act 1949, S56    Members of the clergy are able to ask the couple prior to the marriage ceremony No: members of the clergy, as celebrants would have         No: there are no rights or freedoms at issue.
                                for the information that is to be recorded in the marriage register.            a similar provision regarding the information that is
                                                                                                                recorded on the marriage schedule.
      Marriage Act 1949, S57    Members of the clergy are required, on a quarterly basis, to send copies of any     No: information would already be held on central        No: there are no rights or freedoms at issue.
                                registrations they make to their local superintendent registrar.                    database so the absence of quarterly copies would
                                                                                                                    have no impact.
      Marriage Act 1949, S62    Requirement on the incumbent of a disused chapel to deliver any register books      No: information would already be held on central        No: there are no rights or freedoms at issue.
                                in his or her custody to the incumbent of the local parish church who, in turn,     database so the absence of quarterly copies would
                                is required to submit copies from those registers to the local superintendent       have no impact.
                                registrar.
      Marriage Act 1949, S73    Requirement on the registrar of every diocese to send to the Registrar General,     No: Registrar General will maintain a list of           No: there are no rights or freedoms at issue.
                                on an annual basis, a list of all churches and chapels within the diocese where     celebrants rather than buildings, to continue to
                                marriages according to the rites and ceremonies of the Church of England can        ensure that marriages take place in accordance with
                                take place; requirement on the Registrar General to make available a list of such   the provisions of the Marriage Act 1949.
                                buildings and to send a copy to every registrar and superintendent registrar.
      Marriage Act 1949, S75    Offence for anyone to solemnise a marriage outside the hours of 8am and 6pm         No: marriages could take place at any time. Such         No: there are no rights or freedoms at issue.
                                or without banns having been duly published.                                        restrictions are no longer necessary in today’s society.




                                                                                                                                                                                                                                         Annex A
213
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      Chapter 3 Marriages




                                                                                                                                                                                                                               Annex A
      3.7 Marriage according to the rites and ceremonies of the Church of England
      Burdens removed or reduced – Ceremony and registration of marriages according to the rites and ceremonies of the Church of England
      Legislation              Burdens imposed by legislation                                                    Would the proposal remove any necessary                Would the proposal prevent anyone exercising a right
                                                                                                                 protection?                                            or freedom?
      Marriage Act 1949, S75   Offence for anyone to solemnise a marriage in any place other than a church or    No: it would be legally possible for marriages to      No: there are no rights or freedoms at issue.
      and S76                  other building in which banns of marriage may be published or in which            take place anywhere, providing a duly appointed
                               marriages according to the rites and ceremonies of the Church of England may      celebrant is present.
                               be solemnised.
      Marriage Act 1949, S76   Offence for members of the clergy to omit or fail to register a marriage, or to   No: responsibility for the registration of marriages   No: there are no rights or freedoms at issue.
                               fail to deliver their copies to their local superintendent registrar.             would lie with the registration authority. It would
                                                                                                                 be an offence for any person to refuse or fail to
                                                                                                                 register a marriage.




                                                                                                                                                                                                                               Tables of Burdens
      Chapter 3 Marriages




                                                                                                                                                                                                                                                 Tables of Burdens
      3.7 Marriage according to the rites and ceremonies of the Church of England
      Proposals introducing burdens – Ceremony and registration of marriages according to the rites and ceremonies of the Church of England
      Proposals              Would the               Would the               Would the               Would the new burden be proportionate to the               Would the proposal           Would the extent to which the order removes
                             proposal impose or      proposal remove         proposal prevent        benefit?                                                   strike a fair balance        or reduces burdens make it desirable for the
                             remove a burden?        any necessary           anyone from                                                                        between the interests of     RRO to be made?
                                                     protection?             exercising a right                                                                 those affected and the
                                                                             or freedom?                                                                        public?

      Church of England      A new burden            No: maintains           No: it is likely that   Yes: need to ensure there is clarity about when            Yes: maintains clarity       Yes: the overall proposals make it desirable that
      marriages to           would be placed on      current level of        the current             marriage ceremony has been concluded. New                  about when marriage          the Order should be made.
      include a              the couple and the      protections. It is      marriage ceremony       burden, which in respect of the Church of England is       ceremony has been
      declaration by the     member of the           likely that the         used by the Church      negligible, achieves this and also puts everyone on a      concluded but at the
      couple that they       clergy to say the       current marriage        of England              ‘level playing field’ in this respect.                     same time introduces
      accept each other as   relevant                ceremony used by        contains such                                                                      some flexibility for those
      husband and wife,      declarations.           the Church of           declarations and                                                                   who wish to personalise
      and a declaration                              England contains        therefore meets this                                                               or adapt their marriage
      by the member of                               such declarations       new requirement.                                                                   ceremony.
      the clergy that the                            and therefore meets
      couple are husband                             this new
      and wife.                                      requirement.
      Member of the          Enabling provision      No: this would          No: there are no        Yes: should ensure that the quality of the information     Yes: it is of general        Yes: the proposed system for the registration of
      clergy should be       that applies to         replace the current     rights or freedoms      should not suffer. Information would already be            interest for the             marriages would be overall less burdensome
      able to verify with    member of the           provision that          at issue.               shown on the schedule and would just need to be            information to be as         than the present system. It would make best use
      the couple the         clergy who is to        applies to those                                verified with the couple.                                  accurate as possible at      of information technology and replace an out-
      information to be      solemnise the           who are required to                                                                                        the time of the marriage.    dated, paper-based system.
      recorded in the        marriage.               register marriages.                                                                                        The inconvenience to
      marriage schedule.                             Ensures that the                                                                                           those wishing to marry is
                                                     quality of the                                                                                             negligible.
                                                     information should
                                                     not suffer.
      Use the marriage       Requirement on the      No: this would          No: although there      Yes: use of the schedule instead of registers allows for   Yes: the proposed system     Yes: the proposed system for the registration of
      schedule as the        couple, witnesses       replace the current     would no longer be      a much improved, more efficient system for the             would reduce the costs       marriages would be overall less burdensome
      registration           and the celebrant to    signing of the          statutory marriage      registration of marriages, that makes best use of          to the public purse          than the present system. It would make best use
      document instead       sign the schedule.      marriage register.      registers,              modern technology.                                         significantly.               of information technology and replace an out-
      of marriage                                                            denominations                                                                                                   dated, paper-based system.
      registers.                                                             could continue to
                                                                             maintain a non-
                                                                             statutory register of
                                                                             all marriages that
                                                                             take place in their
                                                                             buildings.
      Use the marriage       Duty on couple to       No: the proposal        No: there are no        Yes: the inconvenience to the couple in practical          Yes: the proposed system     Yes: the proposed system for the registration of
      schedule as the        return schedule to      aims to ensure that     rights or freedoms      terms is negligible. The benefit would be a much           would reduce the costs       marriages would be overall less burdensome
      registration           registration            the marriage            at issue.               improved, more efficient system, with more timely          to the public purse          than the present system. It would make best use
      document instead       authority that issued   schedule is returned                            and consistent collection of information.                  significantly.               of information technology and replace an out-
      of marriage            it.                     to the registration                                                                                                                     dated, paper-based system.
      registers.                                     authority so that
                                                     the marriage can be
                                                     registered. Duty
                                                     placed on couple as




                                                                                                                                                                                                                                                 Annex A
                                                     they are affected the
                                                     most if marriage
                                                     not registered.
215
216



      Chapter 3 Marriages




                                                                                                                                                                                                                                           Annex A
      3.7 Marriage according to the rites and ceremonies of the church of England
      Proposals introducing burdens – Ceremony and registration of marriages according to the rites and ceremonies of the Church of England
      Proposals                Would the             Would the               Would the            Would the new burden be proportionate to the             Would the proposal         Would the extent to which the order removes
                               proposal impose or    proposal remove         proposal prevent     benefit?                                                 strike a fair balance      or reduces burdens make it desirable for the
                               remove a burden?      any necessary           anyone from                                                                   between the interests of   RRO to be made?
                                                     protection?             exercising a right                                                            those affected and the
                                                                             or freedom?                                                                   public?
      Remove registers         Requirement on        No: the schedule        No: there are no     Yes: registration authorities would no longer need to    Yes: the proposed system   Yes: the proposed system for the registration of
      and enter marriages      registration          system would still      rights or freedoms   deal with the collection of quarterly copies. Instead,   would reduce the costs     marriages would be overall less burdensome
      direct onto central      authorities to        require the             at issue.            they would administer a much more efficient system       to the public purse        than the present system. It would make best use
      database.                register all          registration of all                          for the registration of marriages, that makes best use   significantly.             of information technology and replace an out-
                               marriages.            marriages, and legal                         of modern technology.                                                               dated, paper-based system.
                                                     and administrative
                                                     procedures would
                                                     be in place to
                                                     ensure compliance.
      It should be an          Burden on any         No: arguably            No: there are no     Yes: should act as a deterrent to ensure integrity of    Yes: society has an        Yes: the overall proposals makes it desirable that
      offence for a            member of the         improves current        rights or freedoms   marriage system is maintained.                           interest in whether        the Order should be made.
      member of the            clergy who acts       level of protections.   at issue.                                                                     marriages are conducted
      clergy to solemnise      accordingly.                                                                                                                in accordance with the
      a marriage knowing                                                                                                                                   law as do the couple who
      it to be void.                                                                                                                                       are contracting the
                                                                                                                                                           marriage.
      It should be an          Burden on any         No: arguably            No: there are no     Yes: should act as a deterrent to ensure integrity of    Yes: society has an        Yes: the overall proposals make it desirable that
      offence for the          member of the clegy   improves current        rights or freedoms   marriage system is maintained.                           interest in whether        the Order should be made.
      member of the            who acts              level of protections.   at issue.                                                                     marriages are registered
      clergy to fail to sign   accordingly.                                                                                                                in accordance with the
      the marriage                                                                                                                                         law as do the couple who
      schedule or to                                                                                                                                       are contracting the
      comply with the                                                                                                                                      marriage.
      provisions of the
      1949 Act or any
      associated
      regulations.
      It should be an          Burden on any         No: maintains           No: there are no     Yes: should act as a deterrent to ensure integrity of    Yes: society has an        Yes: the overall proposals make it desirable that
      offence for any          person who acts       current level of        rights or freedoms   marriage system is maintained.                           interest in whether        the Order should be made.
      person to register a     accordingly.          protection.             at issue.                                                                     marriages are registered
      marriage knowing                               Offence currently                                                                                     in accordance with the
      it to be void.                                 relates to those who                                                                                  law as do the couple who
                                                     are required to                                                                                       are contracting the
                                                     register marriages.                                                                                   marriage.




                                                                                                                                                                                                                                           Tables of Burdens
      Chapter 3 Marriages




                                                                                                                                                                                                                                           Tables of Burdens
      3.7 Marriage according to the rites and ceremonies of the Church in Wales
      Burdens removed or reduced – Ceremony and registration of marriages according to the rites and ceremonies of the Church in Wales
      Legislation              Burdens imposed by legislation                                                         Would the proposal remove any necessary                 Would the proposal prevent anyone exercising a right
                                                                                                                      protection?                                             or freedom?
      Marriage Act 1949, S7    Marriages according to the rites and ceremonies of the Church in Wales must            No: there would be a requirement for couple to          No: there are no rights or freedoms at issue.
                               take place in accordance with the Book of Common Prayer.                               accept each other as husband and wife, and for
                                                                                                                      member of clergy to declare couple are now
                                                                                                                      husband and wife. Current form of marriage
                                                                                                                      ceremony meets this requirement.
      Marriage Act 1949, S73   Requirement on the registrar of every diocese to send to the Registrar General,        No: Registrar General will maintain a list of           No: there are no rights or freedoms at issue.
                               on an annual basis, a list of all churches and chapels within the diocese where        celebrants rather than buildings, to continue to
                               marriages according to the rites and ceremonies of the Church in Wales can take        ensure that marriages take place in accordance with
                               place; requirement on the Registrar General to make available a list of such           the provisions of the Marriage Act 1949.
                               buildings and to send a copy to every registrar and superintendent registrar.
      Marriage Act 1949,       Requirement on members of the clergy to register all marriages they solemnise,         No: there would continue to be a requirement for        No: although there would no longer be statutory marriage
      S18, S54, S55 and S59    in duplicate marriage registers provided by the Registrar General that they are        all marriages to be registered and penalties for any    registers, denominations could continue to maintain a
                               required to keep safe.                                                                 failure to do so.                                       non-statutory register of all marriages that take place in
                                                                                                                                                                              their buildings.
      Marriage Act 1949, S56   Members of the clergy are able to ask the couple prior to the marriage ceremony        No: members of the clergy, as celebrants would have     No: there are no rights or freedoms at issue.
                               for the information that is to be recorded in the marriage register.                   a similar provision regarding the information that is
                                                                                                                      recorded on the marriage schedule.
      Marriage Act 1949, S62   Requirement on the incumbent of a disused chapel to deliver any register books         No: information would already be held on central        No: there are no rights or freedoms at issue.
                               in his or her custody to the incumbent of the local parish church who, in turn,        database so the absence of quarterly copies would
                               is required to submit copies from those registers to the local superintendent          have no impact.
                               registrar.
      Marriage Act 1949, S76   Offence for members of the clergy to omit or fail to register a marriage, or to fail   No: responsibility for the registration of marriages    No: there are no rights or freedoms at issue.
                               to deliver their copies to their local superintendent registrar.                       would lie with the registration authority. It would
                                                                                                                      be an offence for any person to refuse or fail to
                                                                                                                      register a marriage.




                                                                                                                                                                                                                                           Annex A
217
218



      Chapter 3 Marriages




                                                                                                                                                                                                                                               Annex A
      3.7 Marriage according to the rites and ceremonies of the Church in Wales
      Proposals introducing burdens – Ceremony and registration of marriages according to the rites and ceremonies of the Church in Wales
      Proposals              Would the              Would the proposal     Would the               Would the new burden be proportionate to the               Would the proposal       Would the extent to which the order removes
                             proposal impose        remove any             proposal prevent        benefit?                                                   strike a fair balance    or reduces burdens make it desirable for the
                             or remove a            necessary              anyone from                                                                        between the interests of RRO to be made?
                             burden?                protection?            exercising a right                                                                 those affected and the
                                                                           or freedom?                                                                        public?

      Church in Wales        A new burden           No: maintains          No: it is likely that   Yes: need to ensure there is clarity about when            Yes: maintains clarity       Yes: the overall proposals make it desirable that
      marriages to           would be placed on     current level of       the current             marriage ceremony has been concluded. New                  about when marriage          the Order should be made.
      include a              the couple and the     protections. It is     marriage ceremony       burden, which in respect of the Church in Wales is         ceremony has been
      declaration by the     member of the          likely that the        used by the Church      negligible, achieves this and also puts everyone on a      concluded but at the
      couple that they       clergy to say the      current marriage       in Wales contains       ‘level playing field’ in this respect.                     same time introduces
      accept each other as   relevant               ceremony used by       such declarations                                                                  some flexibility for those
      husband and wife,      declarations.          the Church in Wales    and therefore meets                                                                who wish to personalise
      and a declaration                             contains such          this new                                                                           or adapt their marriage
      by the member of                              declarations and       requirement.                                                                       ceremony.
      the clergy that the                           therefore meets this
      couple are husband                            new requirement.
      and wife.

      Remove the need        Requirement on         No: maintains          No: although there      Yes: information would be collected centrally much         Yes: the Registrar           Yes: the overall proposals make it desirable that
      for marriage           Registrar General to   current level of       would no longer be      more quickly than at present.                              General currently            the Order should be made.
      registers.             supply blank           protections. Forms     statutory marriage                                                                 provides marriage
                             marriage schedules     will be serially       registers,                                                                         registers. This burden
                             for completion by      numbered so missing    denominations                                                                      would replace that
                             members of the         ones are easy to       could continue to                                                                  requirement.
                             clergy.                detect.                maintain a non-
                                                                           statutory register of
                                                                           all marriages that
                                                                           take place in their
                                                                           buildings.
      Use the marriage       Requirement on the     No: this would         No: although there      Yes: use of the schedule instead of registers allows for   Yes: the proposed system     Yes: the proposed system for the registration of
      schedule as the        couple, witnesses      replace the current    would no longer be      an improved, more efficient system for the                 would reduce the costs       marriages would be overall less burdensome than
      registration           and the celebrant to   signing of the         statutory marriage      registration of marriages, that makes best use of          to the public purse.         the present system. It would make best use of
      document instead       sign the schedule.     marriage register.     registers,              modern technology.                                                                      information technology.
      of marriage                                                          denominations
      registers.                                                           could continue to
                                                                           maintain a non-
                                                                           statutory register of
                                                                           all marriages that
                                                                           take place in their
                                                                           buildings.




                                                                                                                                                                                                                                               Tables of Burdens
      Chapter 3 Marriages




                                                                                                                                                                                                                                            Tables of Burdens
      3.7 Marriage according to the rites and ceremonies of the Church in Wales
      Proposals introducing burdens – Ceremony and registration of marriages according to the rites and ceremonies of the Church in Wales
       Proposals                Would the            Would the proposal      Would the            Would the new burden be proportionate to the              Would the proposal       Would the extent to which the order removes
                                proposal impose      remove any              proposal prevent     benefit?                                                  strike a fair balance    or reduces burdens make it desirable for the
                                or remove a          necessary               anyone from                                                                    between the interests of RRO to be made?
                                burden?              protection?             exercising a right                                                             those affected and the
                                                                             or freedom?                                                                    public?
       Use the marriage         Duty on the clergy   No: the proposal        No: there are no     Yes: the inconvenience to the clergy in practical terms   Yes: the proposed system   Yes: the proposed system for the registration of
       schedule as the          to return schedule   aims to ensure that     rights or freedoms   is negligible. The benefit would be an improved,          would reduce the costs     marriages would be overall less burdensome than
       registration             to registration      the marriage            at issue.            more efficient system, with more timely and               to the public purse.       the present system. It would make best use of
       document instead         authority that       schedule is returned                         consistent collection of information.                                                information technology.
       of marriage              issued it.           to the registration
       registers                                     authority so that the
                                                     marriage can be
                                                     registered. Duty
                                                     placed on clergy as
                                                     they would hold
                                                     blank schedules and
                                                     would be best placed
                                                     to explain any that
                                                     have not been
                                                     returned eg spoilt,
                                                     lost in transit, etc.
       Remove registers         Requirement on       No: the schedule        No: there are no     Yes: registration authorities would no longer need to     Yes: the proposed system   Yes: the proposed system for the registration of
       and enter marriages      registration         system would still      rights or freedoms   deal with the collection of quarterly copies. Instead,    would reduce the costs     marriages would be overall less burdensome than
       direct onto central      authorities to       require the             at issue.            they would administer a much more efficient system        to the public purse        the present system. It would make best use of
       database.                register all         registration of all                          for the registration of marriages, that makes best use    significantly.             information technology and replace an out-
                                marriages.           marriages, and legal                         of modern technology.                                                                dated, paper-based system.
                                                     and administrative
                                                     procedures would be
                                                     in place to ensure
                                                     compliance.
       It should be an          Burden on any        No: arguably            No: there are no     Yes: should act as a deterrent to ensure integrity of     Yes: society has an        Yes: the overall proposals make it desirable that
       offence for the          member of the        improves current        rights or freedoms   marriage system is maintained.                            interest in whether        the Order should be made.
       member of the            clergy who acts      level of protections.   at issue.                                                                      marriages are registered
       clergy to fail to sign   accordingly.                                                                                                                in accordance with the
       the marriage                                                                                                                                         law as do the couple
       schedule, to fail to                                                                                                                                 who are contracting the
       return the schedule                                                                                                                                  marriage.
       or to comply with
       the provisions of
       the 1949 Act or
       any associated
       regulations.
       It should be an          Burden on any        No: arguably            No: there are no     Yes: should act as a deterrent to ensure integrity of     Yes: society has an        Yes: the overall proposals makes it desirable that
       offence for a            member of the        improves current        rights or freedoms   marriage system is maintained.                            interest in whether        the Order should be made.




                                                                                                                                                                                                                                            Annex A
       member of the            clergy who acts      level of protections.   at issue.                                                                      marriages are conducted
       clergy to solemnise      accordingly.                                                                                                                in accordance with the
       a marriage knowing                                                                                                                                   law as do the couple
       it to be void.                                                                                                                                       who are contracting the
                                                                                                                                                            marriage.
219
220



      Chapter 3 Marriages




                                                                                                                                                                                                                                         Annex A
      3.9 Miscellaneous provisions
      Burdens removed or reduced – Miscellaneous provisions
      Legislation               Burdens imposed by legislation                                                     Would the proposal remove any necessary                 Would the proposal prevent anyone exercising a right
                                                                                                                   protection?                                             or freedom?
      Marriage Act 1949, S27    Members of the Armed Forces serving abroad have to comply with the                 No: would be replaced with provision to give notice     No: there are no rights or freedoms at issue.
                                provisions of the 1949 Act by giving notice in person to a superintendent          to commanding officer. Provision already applies to
                                registrar.                                                                         those serving on board ship - proposal is to extend
                                                                                                                   the provision to apply to all serving members of the
                                                                                                                   Armed Forces.
      Marriage with             Requirement on those wishing to obtain a certificate of no impediment to give      No: there would continue to be a requirement for        No: there are no rights or freedoms at issue.
      Foreigners Act 1906,      notice to their local superintendent registrar.                                    notice of marriage to be given, but to any
      Para 2(b) of Schedule A                                                                                      registration authority, so that the person’s identity
                                                                                                                   and legal capacity to marry could be established.
      Marriage with             Requirement on superintendent registrars to retain all notice forms and to enter   No: there would still be a requirement for notices to   No: those who use marriage notice books for commercial
      Foreigners Act 1906,      details into marriage notice book.                                                 be publicised locally. Notices would also be            reasons would not generally be interested in the details of
      Para 3 of Schedule A                                                                                         published on the General Register Office website.       those marrying abroad.
      Marriage with             Role of Registrar General in investigation of caveats entered against notices      No: Registrar General would continue to have a role     No: there are no rights or freedoms at issue.
      Foreigners Act 1906,      given to a consular marriage officer.                                              in the investigation of caveats entered with a
      Para 6(b) of Schedule A                                                                                      registration authority; the Director of Consular
                                                                                                                   Services at the F&CO would deal with caveats
                                                                                                                   against notices entered with a consular marriage
                                                                                                                   officer.




                                                                                                                                                                                                                                         Tables of Burdens
      Chapter 3 Marriages




                                                                                                                                                                                                                                             Tables of Burdens
      3.9 Miscellaneous provisions
      Proposals introducing burdens – Miscellaneous provisions
      Proposals              Would the proposal      Would the               Would the              Would the new burden be proportionate to the            Would the proposal           Would the extent to which the order removes
                             impose or remove a      proposal remove         proposal prevent       benefit?                                                strike a fair balance        or reduces burdens make it desirable for the
                             burden?                 any necessary           anyone from                                                                    between the interests of     RRO to be made?
                                                     protection?             exercising a right                                                             those affected and the
                                                                             or freedom?                                                                    public?
      Serving members of     New burden on           No: a person’s legal    No: there are no      Yes: the burden would recognise the difficulties those   Yes: the proposal            Yes: the overall proposals make it desirable that
      the Armed Forces       commanding officers     capacity to marry       rights or freedoms at serving in the forces have in complying with the         recognise the difficulties   the Order should be made.
      should be able to      to accept notices,      in England and          issue.                requirements of the Marriage Act 1949, and provide       those serving in the
      give notice to their   and on serving          Wales would still                             them with a more flexible system that better meets       forces have in complying
      Commanding             members of the          be verified prior to                          their needs.                                             with the requirements of
      Officer.               Armed Forces to give    the marriage                                                                                           the Marriage Act 1949,
                             notice to their         ceremony.                                                                                              but retains equivalent
                             Commanding              Arguably, a                                                                                            safeguards to ensure that
                             Officer.                Commanding                                                                                             only those with the legal
                                                     Officer would                                                                                          capacity to marry do so.
                                                     know more about
                                                     a person’s legal
                                                     status than a
                                                     superintendent
                                                     registrar.
      Those wanting a        Requirement on          No: transfer of         No: there are no      Yes: with the removal of the statutory posts of          Yes: the proposal would      Yes: the proposal to allow couples to give notice
      certificate of no      registration            responsibility from     rights or freedoms at superintendent registrar, registration authorities       introduce greater            to any registration authority would be overall
      impediment would       authorities to accept   registration officers   issue.                would have greater freedom and flexibility about how     flexibility in how notice    less burdensome than the current system. It
      give notice to any     notices of marriage,    to registration                               they deliver registration services.                      of marriage is given, but    allows for greater use of information technology
      registration           attest them, enter      authority would                                                                                        at the same time retain      and provides individuals with greater choice
      authority.             them onto the           not remove any                                                                                         many of the current          about where to access registration services.
                             central database and    necessary                                                                                              safeguards that help to
                             publicise details       protections.                                                                                           deter fraudulent or
                             locally; requirement    Registration                                                                                           bigamous marriages.
                             on Registrar General    authorities would
                             to publicise notices    still be required to
                             centrally.              comply with the
                                                     requirements of
                                                     the Marriage with
                                                     Foreigners Act
                                                     1906.




                                                                                                                                                                                                                                             Annex A
221
222



      Chapter 5 ‘Through life’ records




                                                                                                                                                                                                                                     Annex A
      5.2 ‘Through life’ records
      Burdens removed or reduced
      Legislation              Burdens imposed by legislation                                                       Would the proposal remove any necessary               Would the proposal prevent anyone exercising a right
                                                                                                                    protection?                                           or freedom?
      Births and Deaths        Burdens associated with the requirement to register birth, still-births and deaths   No. The registration of life events would continue.   No. No-one would be prevented from exercising a right or
      Registration Act 1953,   in separate paper registers. See chapter 2.                                                                                                freedom they may reasonable expect to continue.
      various sections.
      Marriage Act 1949,       Burdens associated with the requirement to register marriages in paper registers.    No. The registration of marriage would continue.      No. No-one would be prevented from exercising a right or
      various sections.        See chapter 3.                                                                                                                             freedom they may reasonable expect to continue.




                                                                                                                                                                                                                                     Tables of Burdens
                                                                                                                                                                                                                                               Tables of Burdens
      Chapter 5 ‘Through life’ records
      5.2 ‘Through life’ records
      Proposals introducing burdens
      Proposals              Would the               Would the               Would the              Would the new burden be proportionate to the               Would the proposal           Would the extent to which the order removes
                             proposal impose         proposal remove         proposal prevent       benefit?                                                   strike a fair balance        or reduces burdens make it desirable for the
                             or remove a             any necessary           anyone from                                                                       between the interests        RRO to be made?
                             burden?                 protection?             exercising a right                                                                of those affected and
                                                                             or freedom?                                                                       the public?
      Provisions enabling    A new burden            No. The proposals       No. Although           Yes. The overall burden is proportionate to the            Yes. The creation of         Yes. We consider that the proposed system will
      the Registrar          would be placed on      will not interfere      people will not be     benefits. The proposals will result in the creation of a   ‘through life’ records       remove burdens from individuals when applying
      General to link        the Registrar           with the registration   able to opt out of     more reactive system, holding up-to-date information       will benefit individuals     for services and benefits and from organisations
      registration records   General and his         of life events. The     having their records   on people.                                                 as well as Government        who handle registration information as part of
      to create ‘through     staff and on those      linking of records      linked, the linking                                                               and society as a whole.      their processes.
      life’ records.         registering events      will increase the       information will not                                                              The proposals will result
                             who would give the      protection afforded     be freely available,                                                              in savings to the public
                             information.            to individuals.         thus protecting                                                                   purse, to individuals
                                                     Records will only       individuals and                                                                   and to private and
                                                     be linked where it is   their rights and                                                                  public sector
                                                     possible to do so.      freedoms.                                                                         organisations.
      Requirement on the     There would be a        No. The proposals       No. There are no       Yes. The burden of maintaining the records is              Yes. Maintaining             Yes. We consider that the proposed system will
      Registrar General to   new burden on the       will protect            rights or freedoms     proportionate to the benefits to Government,               accurate records is in the   remove burdens from individuals when applying
      maintain ‘through      Registrar General to    individuals by          at issue.              individuals and society from having accurate records.      interest of individuals as   for services and benefits and from organisations
      life’ records.         maintain all            ensuring records are                                                                                      well as private and          who handle registration information as part of
                             registration records.   accurate.                                                                                                 public sector                their processes.
                             This would include                                                                                                                organisations and the
                             ‘through life’                                                                                                                    public who may use
                             records. (See                                                                                                                     them.
                             paragraph 10.2.12).
      Provisions for the     The burdens             No. The proposals       No. There are no       Yes. The burden of correcting and updating records is      Yes. Maintaining             Yes. We consider that the proposed system for
      correction and         associated with         will protect            rights or freedoms     proportionate to the benefits to Government,               accurate records is in the   updating and correcting records will remove
      updating of            correcting and          individuals by          at issue.              individuals and society from having accurate records.      interest of individuals as   some existing burdens and make it desirable for
      ‘through life’         updating                ensuring records are                                                                                      well as private and          the RRO to be made. The benefits of having
      records.               registration records    accurate.                                                                                                 public sector                accurate and up-to-date information on
                             would apply to                                                                                                                    organisations and the        individuals are also desirable.
                             ‘through life’                                                                                                                    public who may use
                             records. See section                                                                                                              them.
                             on Updating and
                             Correcting Records
                             for further details.




                                                                                                                                                                                                                                               Annex A
223
224



      Chapter 5 ‘Through life’ records




                                                                                                                                                                                                                                               Annex A
      5.2 ‘Through life’ records
      Proposals introducing burdens
      Proposals              Would the              Would the               Would the                Would the new burden be proportionate to the           Would the proposal          Would the extent to which the order removes
                             proposal impose        proposal remove         proposal prevent         benefit?                                               strike a fair balance       or reduces burdens make it desirable for the
                             or remove a            any necessary           anyone from                                                                     between the interests       RRO to be made?
                             burden?                protection?             exercising a right                                                              of those affected and
                                                                            or freedom?                                                                     the public?
      Provisions enabling    This would be a        No. The proposals       No. There are no         Yes. The inclusion of other records on the central     Yes. The proposals will     Yes. We consider that the proposals will result in
      the Registrar          new burden on the      will not interfere      rights or freedoms       database will benefit the public and other users of    be of benefit to            the reduction of burdens on individuals and on
      General to include     Registrar General      with the registration   at issue. The            database. Linking any new records to registration      individuals as well as to   users of registration records. Enhancing the
      other records on the   who would include      of life events or the   proposals will           information will enhance the benefits of having        users of registration       value of ‘through life’ records will be desirable to
      central database.      other records on the   creation of the         actually increase the    ‘through life’ records.                                records. Including other    everyone.
      Types of records       database.              central database.       rights of people to                                                             records will result in
      would be specified                            Other records           have certain events                                                             overall savings to the
      in subordinate                                would not be added      included on the                                                                 public and the public
      provisions to the                             without the             database.                                                                       purse.
      order.                                        agreement of either
                                                    the holders of those
                                                    records or the
                                                    individuals
                                                    concerned.
      Provisions enabling    This would be a        No. The provision       No. The proposals        Yes. Individuals will benefit from improved services   Yes. The proposals strike   Yes. The proposals will remove burdens from
      the Registrar          new burden on the      will allow a wider      will extend the          and from being able to have records of other events    a balance between the       individuals from having to continually present
      General to charge      Registrar General,     range of records to     benefits of having       recorded on the central database.                      interests of individuals    evidence of events when obtaining services and
      fees for adding        his staff and          be included on the      ‘through life’ records                                                          and of the Registrar        benefits and makes it desirable for the RRO to
      records to the         registration           central database and    and offer new                                                                   General.                    be made.
      central database.      authorities who        will offer new          services to
      Fees to be charged     would collect the      services to             individuals.
      would be set out in    fee and on             individuals.
      subordinate            individuals
      provisions to the      requesting records
      order.                 to be added who
                             will pay the fee.




                                                                                                                                                                                                                                               Tables of Burdens
      Chapter 5 ‘Through life’ records




                                                                                                                                                                                                                                    Tables of Burdens
      5.2 ‘Through life’ records
      Proposals introducing burdens
      Proposals            Would the            Would the             Would the              Would the new burden be proportionate to the           Would the proposal           Would the extent to which the order removes
                           proposal impose      proposal remove       proposal prevent       benefit?                                               strike a fair balance        or reduces burdens make it desirable for the
                           or remove a          any necessary         anyone from                                                                   between the interests        RRO to be made?
                           burden?              protection?           exercising a right                                                            of those affected and
                                                                      or freedom?                                                                   the public?
      Provisions to ask    This would be a      No. The proposal      No. No one will be     Yes. The benefit would be more accurate and up-to-     Yes. It is in the public     Yes. We consider that the proposed system will
      people to confirm    new burden on the    will help to ensure   prevented from         date records and the need for fewer corrections.       interest as well as in the   remove burdens from individuals when applying
      record linkage.      Registrar General    the accuracy of       exercising any right                                                          interest of individuals      for services and benefits and from organisations
                           and registration     ‘though life’         or freedom.                                                                   and users of registration    who handle registration information as part of
                           authorities who      records.                                                                                            records that the             their processes.
                           would make the                                                                                                           information is accurate.
                           link and on those
                           people registering
                           events who confirm
                           it.
      Provisions           There would be a     No. Controlling       No. The proposals      Yes. The burden of controlling access to the linking   Yes. As well as           Does not remove a burden but will ensure the
      specifying who can   new burden on the    who has access to     will not affect        information is proportionate to the benefit of         protecting the            security and integrity of the information is
      access linking       Registrar General    the linking           people’s ability to    protecting people’s privacy and helping to reduce      individual, the proposals maintained.
      information.         and registration     information will      access registration    fraud.                                                 will protect the public
                           authorities who      protect the privacy   records.                                                                      purse by helping to
                           would enforce the    of individuals as                                                                                   prevent fraud.
                           provisions.          well as protecting
                                                the public purse by
                                                helping to prevent
                                                fraud.




                                                                                                                                                                                                                                    Annex A
225
226



      Chapter 5 ‘Through life’ records




                                                                                                                                                                                                                                     Annex A
      5.3 Updating and correcting records
      Burdens removed or reduced
      Legislation             Burdens imposed by legislation                                                       Would the proposal remove any necessary                Would the proposal prevent anyone exercising a right
                                                                                                                   protection?                                            or freedom?
      Births and Deaths       Re-registration of birth records to include father’s details - removal of            No. There will continue to be procedures in place to   No. The facility to update records will remain, thus
      Registration Act 1953   requirement for declarations to be in prescribed format; replace reference to re-    update records.                                        protecting people’s rights and freedoms.
      S10 A(1)                registration with update.
      Births and Deaths       Re-registration of birth records to include father’s details - requirement to sign   No.                                                    No. The facility to update records will remain, thus
      Registration Act 1953   registers.                                                                                                                                  protecting people’s rights and freedoms.
      S10 A(2)
      Births and Deaths       Provisions for adding or altering forename of child on a birth record within 12      No. There will continue to be procedures in place to   No. The facility to update records will remain, thus
      Registration Act 1953   months.                                                                              update records.                                        protecting people’s rights and freedoms.
      S13
      Births and Deaths       Re-registration of birth records when parents marry - removal of requirement to      No. Proposals will allow for information to be given   No. The facility to update records will remain, thus
      Registration Act 1953   attend in person at register office or other place; replace reference to re-         in other ways.                                         protecting people’s rights and freedoms.
      S14                     registration with update.
      Births and Deaths       Re-registration after declaration of parentage - replace reference to re-            No. Proposals will allow for information to be given   No. The facility to update records will remain, thus
      Registration Act 1953   registration with update.                                                            in other ways.                                         protecting people’s rights and freedoms.
      S14A
      Births and Deaths       Correction of errors in the prescribed manner - removal of reference to ‘clerical’   No. There will continue to be procedures in place      No. The facility to correct records will remain ensuring
      Registration Act 1953   and to registers.                                                                    for correcting and updating records.                   accurate information is held about individuals.
      S29 (2)
      Births and Deaths       Provisions for the correction of errors of fact or substance.                        No. There will continue to be procedures in place to   No.
      Registration Act 1953                                                                                        make such corrections.
      S29 (3)
      Marriage Act 1949       Correction of errors in marriage registers, attendance of individuals to witness     No. There will continue to be procedures in place      No. The facility to correct records will remain ensuring
      S61 (1) – (5)           corrections, requirement to send copy of corrected entries within 7 days.            for correcting and updating records.                   accurate information is held about individuals.




                                                                                                                                                                                                                                     Tables of Burdens
      Chapter 5 ‘Through life’ records




                                                                                                                                                                                                                                                 Tables of Burdens
      5.3     Updating and corecting records
      Proposals introducing burdens
      Proposals               Would the              Would the               Would the proposal Would the new burden be proportionate to the                    Would the proposal       Would the extent to which the order removes
                              proposal impose        proposal remove         prevent anyone     benefit?                                                        strike a fair balance    or reduces burdens make it desirable for the
                              or remove a            any necessary           from exercising a                                                                  between the interests of RRO to be made?
                              burden?                protection?             right or freedom?                                                                  those affected and the
                                                                                                                                                                public?
      Provisions specifying   There will be a new    No. The proposal        The original             Yes. The benefits would include the protection of the     Yes. It is in the public    We consider that the proposals for updating
      who would have          burden on the          will safeguard the      information will not     individual and the safeguarding of registration           interest to protect the     records will result in an overall reduction in
      access to original      Registrar General,     security of the         be routinely             information. The proposal would also help with to         privacy of individuals      burdens.
      information in cases    his staff and          information and         available to those       prevent fraud. The introduction of the burdens is         and to assist with the
      of corrections and      registration           the privacy of          accessing registration   therefore proportionate.                                  fight against crime,
      updates.                authorities to         individuals.            records, but will be                                                               including fraud.
      Requirement to          control access to                              available to those
      apply framework.        the original                                   with a genuine need
                              information in                                 to see it.
                              cases of corrections
                              or updates.
      Introduction of         There will be a new    No. The proposal        No. The proposal         Yes. The introduction of this burden is proportionate     Yes. The introduction of    We consider that the proposals for updating
      prescribed fees for     burden on the          would not remove        would not prevent        to the benefits that will result from having up-to-date   fees for certain updates    records will result in an overall reduction in
      some types of           Registrar General      any necessary           anyone from              records and a simplified system for correcting and        will protect the public     burdens.
      updates to              and on registration    protection. There       exercising a right or    updating records.                                         purse.
      registration records.   officers to collect    will be no fee for      freedom.
      Fees to be set out in   fees and on those      updating the
      subordinate             requesting the         father’s details on a
      provisions to the       update to pay          birth record or for
      order.                  them.                  corrections.
      Provisions allowing     This would be a        No. The provisions      No. The provisions       Yes. The proposals are in response to customer            Yes. The proposals strike   We consider that the proposals will provide new
      the Registrar           burden on the          will not remove any     will not prevent         demand and will deliver improved services to              a fair balance between      and improved services to individuals and users
      General to update       Registrar General,     necessary protection    anyone from              customers.                                                the needs of those          of registration information. Overall there will be
      records to include      his staff and          and will not            exercising any right                                                               requesting such updates,    a reduction on the burdens on individuals from
      other changes not       registration           interfere with the      or freedom. They                                                                   those making them and       having to continually present evidence of certain
      directly linked to      authorities who        updating and            will introduce new                                                                 the wider needs of users    changes.
      the registration of     would make the         correcting of           services and                                                                       of registration
      life events.            updates and on         registration records.   freedoms.                                                                          information.
                              individuals who
                              request them.




                                                                                                                                                                                                                                                 Annex A
227
228



      Chapter 6 Privacy and access to registration records




                                                                                                                                                                                                                                           Annex A
      6.2 and 6.3                   Classification and computerisation, central database and records management
      Burdens removed or reduced
      Legislation                 Burdens imposed by legislation                                                       Would the proposal remove any necessary                Would the proposal prevent anyone exercising a right
                                                                                                                       protection?                                            or freedom?
      Births and Deaths           Burdens associated with using a paper-based system for registering birth, still-     No. The registration of life events would continue.    No. No-one would be prevented for exercising a right or
      Registration Act 1953,      births and deaths. See chapter 2 and chapter 7.                                                                                             freedom they may reasonable expect to continue.
      various sections
      Marriage Act 1949,          Burdens associated with using a paper-based system for registering marriages.        No. The registration of marriage would continue.       No. No-one would be prevented for exercising a right or
      various sections            See chapter 3 and chapter 7.                                                                                                                freedom they may reasonable expect to continue.
      Registration Service Act    Burdens associated with having a paper-based system. See chapters 7 and 10.          No. The registration of life events would continue.    No. No-one would be prevented for exercising a right or
      1953, various sections                                                                                                                                                  freedom they may reasonable expect to continue.



      Proposals introducing burdens

      Proposals                Would the             Would the proposal      Would the               Would the new burden be proportionate to the           Would the proposal           Would the extent to which the order removes
                               proposal impose       remove any              proposal prevent        benefit?                                               strike a fair balance        or reduces burdens make it desirable for the
                               or remove a           necessary               anyone from                                                                    between the interests        RRO to be made?
                               burden?               protection?             exercising a right                                                             of those affected and
                                                                             or freedom?                                                                    the public?
      Proposal to restrict     See burdens
      access to some           described in
      information in           section on Access
      registration records.    (6.4).
      Proposal to make         See burdens
      available historic       described in
      records.                 section on Historic
                               Records (6.6).
      Requirement to           The proposal          No. The registration    No. An electronic       Yes. The proposal would allow the creation of          Yes. Having a system for     Yes. Moving to an electronic system for
      provide a system for     would impose a        of life events would    system would            electronic records that would be beneficial to         registering life events is   registration will remove burdens on the public,
      registering life         burden on the         continue. Any           increase people’s       individuals, Government and private sector             in the both in the           central and local Government and the public
      events.                  Registrar General     system would have       freedom to access       organisations.                                         interest of those affected   purse.
                               and on registration   safeguards built into   registration records.                                                          and in the wider public
                               authorities who       it.                                                                                                    interest.
                               register events.
                               (Also see chapter
                               10).




                                                                                                                                                                                                                                           Tables of Burdens
      Chapter 6 Privacy and access to registration records




                                                                                                                                                                                                                                          Tables of Burdens
      6.2 and 6.3                  Classification and computerisation, central database and records management
      Proposals introducing burdens
      Proposals               Would the            Would the proposal     Would the               Would the new burden be proportionate to the              Would the proposal         Would the extent to which the order removes
                              proposal impose      remove any             proposal prevent        benefit?                                                  strike a fair balance      or reduces burdens make it desirable for the
                              or remove a          necessary              anyone from                                                                       between the interests      RRO to be made?
                              burden?              protection?            exercising a right                                                                of those affected and
                                                                          or freedom?                                                                       the public?
      Requirement on the      This would be a      No. The proposal       No. The proposals       Yes. The proposals would help to maximise the             Yes. Electronically        Yes. Moving to an electronic system for
      Registrar General to    new burden on the    would not remove       would maximise the      benefits of moving to an electronic system for            capturing existing         registration will remove burdens of the public,
      capture on the          Registrar General    any necessary          availability of         registration by electronically capturing records that     records would be in the    central and local Government and the public
      central database        who would be         protection but         registration records.   are widely used for official purposes.                    interest of individuals    purse.
      existing registration   required to          would in fact                                                                                            and of the users of
      records.                electronically       increase the                                                                                             registration records.
                              capture some         protection of
                              existing records.    registration records
                                                   and to individuals
                                                   that comes from
                                                   moving to an
                                                   electronic system.
      Requirement on the      This would be a      No. The proposals      No. Increasing the      Yes. The benefits will be the increased availability of   Yes. The proposals         Overall the proposals will result in a reduction
      Registrar General to    new burden on the    would not remove       availability of         certain records without the constraints of purchasing     balance the interests of   in the burdens associated with accessing
      release historic        Registrar General.   any necessary          historic records will   certificates.                                             those named in the         registration records under the current system.
      registration records.                        protection.            help to safeguard                                                                 records and users of the
                                                                          the rights of people                                                              information.
                                                                          to see that
                                                                          information.




                                                                                                                                                                                                                                          Annex A
229
230



      Chapter 6 Privacy and access to registration records




                                                                                                                                                                                                                                       Annex A
      6.4     Access
      Burdens removed or reduced
      Legislation             Burdens imposed by legislation                                                      Would the proposal remove any necessary                   Would the proposal prevent anyone exercising a right
                                                                                                                  protection?                                               or freedom?
      Births and Deaths       Requirement on the Registrar General to produce indexes to records he holds.        No. There would be alternative methods of                 No. Those requiring access to registration records would
      Registration Act 1953                                                                                       identifying registration records.                         continue to have it.
      S30 (1)-(1A)
      Births and Deaths       Provisions to allow searching of the Registrar General’s indexes and the            No. There would be alternative methods of                 No. Access to registration records would continue.
      Registration Act 1953   purchase of certified copies (certificates).                                        searching for registration records and accessing the
      S30 (2)                                                                                                     information. The issuing of certificates would
                                                                                                                  continue in a more limited way as a transitional
                                                                                                                  measure.
      Births and Deaths       Provisions to allow the Registrar General to make searches of still-birth records   No. The Registrar General would continue to have          No. Access to registration records would continue.
      Registration Act 1953   and to issue certificates – removal of need to make still-birth records available   discretion to give access to still-birth records. There
      S30 (3)                 via certificates.                                                                   would be alternative methods of searching for
                                                                                                                  records and accessing information.
      Births and Deaths       Requirement on superintendent registrars to produce indexes and make them           No. There would be alternative methods of                 No. Those requiring access to registration records would
      Registration Act 1953   available; requirement on the Registrar General to provide the forms for so         identifying and accessing registration records. The       continue to have it.
      S31 (1)-(2)             doing; provisions for allowing searches of these indexes and the purchase of        issuing of certificates would continue in a more
                              certificates.                                                                       limited way as a transitional measure.
      Births and Deaths       Requirement on registrars to allow searches of registers they hold; provisions to   No. There would be alternative methods of                 No. Access to registration records would continue.
      Registration Act 1953   produce certificates.                                                               identifying and accessing registration records. The
      S32                                                                                                         issuing of certificates would continue in a more
                                                                                                                  limited way as a transitional measure.
      Births and Deaths       Provisions for the production of short birth certificates.                          No. There would be alternative methods of                 No. Access to registration records would continue.
      Registration Act 1953                                                                                       identifying and accessing registration records. The
      S33                                                                                                         issuing of certificates would continue in a more
                                                                                                                  limited way as a transitional measure.
      Births and Deaths       Entry in register as evidence of birth or death – consequential amendments;         No. No necessary protection would be removed.             No. No rights or freedoms would be affected.
      Registration Act 1953   overall reduction in burden due to package of civil registration reform.
      S34
      Marriage Act 1949       Requirement on various individuals to allow searches to be made in marriage         No. There would be alternative methods for                No. Access to registration records would continue.
      S63 (1)–(2)             registers in their keeping and to issue certificates.                               searching and accessing registration information.
                                                                                                                  The issuing of certificates would continue in a more
                                                                                                                  limited way as a transitional measure.
      Marriage Act 1949       Requirement on superintendent registrars to produce indexes to the records          No. There would be alternative methods of                 No. Those requiring access to registration records would
      S64 (1)                 they hold and on the Registrar General to supply suitable forms for so doing.       identifying registration records.                         continue to have it.




                                                                                                                                                                                                                                       Tables of Burdens
      Chapter 6 Privacy and access to registration records




                                                                                                                                                                                                                                Tables of Burdens
      6.4     Access
      Burdens removed or reduced
      Legislation         Burdens imposed by legislation                                                      Would the proposal remove any necessary                Would the proposal prevent anyone exercising a right
                                                                                                              protection?                                            or freedom?



      Marriage Act 1949   Provisions to allow searching of registers held by superintendent registrars and    No. There would be alternative methods of              No. Those requiring access to registration records would
      S64 (2)             the purchase of certificates.                                                       searching records and accessing the information.       continue to have it.
                                                                                                              The issuing of certificates would continue in a more
                                                                                                              limited way as a transitional measure.
      Marriage Act 1949   Requirement on the Registrar General to produce indexes to the marriage             No. There would be alternative methods of              No. Those requiring access to registration records would
      S65 (1)–(2)         records he holds; provisions to allow searching of the indexes and the purchase     searching records and accessing the information.       continue to have it.
                          of certificates.                                                                    The issuing of certificates would continue in a more
                                                                                                              limited way as a transitional measure.

      Marriage Act 1949   Requirement to seal or stamp marriage certificates with GRO seal and marriage       No. No necessary protection would be removed.          No. No rights or freedoms would be affected.
      S65 (3)             certificates as evidence of the event- overall reduction in burden due to package
                          of civil registration reform.




                                                                                                                                                                                                                                Annex A
231
232



      Chapter 6 Privacy and access to registration records




                                                                                                                                                                                                                                             Annex A
      6.4     Access
      Proposals introducing burdens
      Proposals               Would the             Would the              Would the proposal Would the new burden be proportionate to the                     Would the proposal         Would the extent to which the order removes
                              proposal impose       proposal remove        prevent anyone     benefit?                                                         strike a fair balance      or reduces burdens make it desirable for the
                              or remove a           any necessary          from exercising a                                                                   between the interests      RRO to be made?
                              burden?               protection?            right or freedom?                                                                   of those affected and
                                                                                                                                                               the public?
      Restricting access to   The proposals         No. Registration       The proposals would       Yes. The benefits will include increased protection for   Yes. The proposals will    Yes. We consider the introduction of the access
      some information in     would introduce a     information would      limit the rights and      the individual, and will help to reduce the potential     streamline procedures      framework combined with the removal of
      modern registration     burden on users of    continue to be used    freedoms of some          for fraud. They will also continue to provide access to   and services and reduce    certificates to make accessing registration
      records; provisions     registration          for obtaining          people to access the      modern registration records.                              the costs to individuals   records less burdensome overall. It makes best
      specifying who can      information and on    services and           full record. This is                                                                and the public purse.      use of information technology and replaces an
      access restricted       the Registrar         benefits. The          necessary to protect                                                                They will also continue    out of date system.
      information and         General and           proposals will         privacy and prevent                                                                 to allow general access
      under what              registration staff    increase the           fraud. With the                                                                     to modern registration
      conditions.             who would have to     protection afforded    move to an                                                                          records and more
                              apply them.           to those individuals   electronic system,                                                                  specific access where
                                                    less than 100 years    this is not a freedom                                                               there is a genuine need.
                                                    of age and their       they can expect to
                                                    families.              continue to exercise.
      Requirement to          This is a new         No. The proposals      No. The proposals         Yes. The proposals will continue to allow access to       Yes. The proposals         Does not remove a burden. However, we
      make available          burden on the         will deliver           will continue to          modern registration records to those who require it.      balance the interests of   consider that the introduction of this burden is
      restricted              Registrar General     increased              make available            The benefit is a system that balances openness with       those named in the         necessary to protect the privacy of those named
      information where       and registration      protection to those    modern registration       privacy and that reduces the potential for fraud.         records, those who use     in the records and their family and to protect
      consent has been        authorities, who      named in the           records to those who                                                                the records and those      the public purse against fraud.
      given and to confirm    will need to          records and their      require it.                                                                         who administer the
      the entitlement of      confirm entitlement   family by                                                                                                  system. The use of
      those wanting to        and release the       controlling who                                                                                            technology will reduce
      access it.              information, and      accesses                                                                                                   the burdens and help to
                              on those wanting to   information about                                                                                          control access.
                              access the            them.
                              information, who
                              will have to prove
                              their entitlement.
      Obtaining consent       This is a new         No. Registration       Organisations with a      Yes. The proposals would result in cost and efficiency    Yes. The proposal would    Yes. Obtaining consent is likely to be quicker
      to access restricted    burden on those       information would      genuine need to           savings to organisations and the public. They will also   help to ensure that only   and easier than the current system of handling
      information in          organisations who     continue to be         access all registration   help to reduce the potential for fraud.                   those entitled to access   paper documents.
      modern registration     need to obtain        available for          information would                                                                   the restricted
      records.                consent to access     obtaining services     continue to have                                                                    information are able to
                              the restricted        and benefits.          such access.                                                                        do so. It would also
                              information.          Instead of                                                                                                 protect the privacy of
                                                    obtaining copies of                                                                                        the individual and is in




                                                                                                                                                                                                                                             Tables of Burdens
                                                    certificates,                                                                                              the wider public
                                                    organisations                                                                                              interest.
                                                    would obtain
                                                    consent to access
                                                    the restricted
                                                    information on the
                                                    central database.
      Chapter 6 Privacy and access to registration records




                                                                                                                                                                                                                                          Tables of Burdens
      6.4     Access
      Proposals introducing burdens
      Proposals              Would the              Would the              Would the proposal Would the new burden be proportionate to the                 Would the proposal           Would the extent to which the order removes
                             proposal impose        proposal remove        prevent anyone     benefit?                                                     strike a fair balance        or reduces burdens make it desirable for the
                             or remove a            any necessary          from exercising a                                                               between the interests        RRO to be made?
                             burden?                protection?            right or freedom?                                                               of those affected and
                                                                                                                                                           the public?
      Giving consent for     This would be a        No. Registration       No. No one would        Yes. The burden on individuals would be less than at    Yes. The proposals will      Yes. Giving consent is likely to be quicker and
      restricted             new burden on          information would      be prevented from       present. The benefits will include faster, more         reduce the costs to the      easier than the current system of providing
      information to be      individuals and        continue to be used    exercising any right    efficient services for the public and cost savings.     public purse and to          paper documents.
      accessed.              their families/        for obtaining          or freedom.                                                                     individuals significantly.
                             representatives.       services and
                                                    benefits. Instead of
                                                    supplying copies of
                                                    certificates,
                                                    individuals would
                                                    give consent for
                                                    information about
                                                    them to be
                                                    accessed.
      The introduction of    A new burden           No. Establishing       No. No one would        Yes. The burden on organisations of applying to         Yes. The proposals will      Yes. We consider that the introduction of
      Authorised Users for   would be placed on     Authorised Users       be prevented from       become Authorised Users will be minimal. The            result in an overall         Authorised Users would make the overall
      the purposes of        the Registrar          would not remove       exercising any right    benefit would be having a facility for accessing        simplification of            process of accessing large volumes of
      access.                General who would      any necessary          or freedom. Those       registration information. The burden on the Registrar   processes for major users    registration records much simpler and quicker.
                             approve these users.   protection as these    will a genuine          General is proportionate to the wider benefits that     of registration
                             A new burden           Users would be         entitlement to access   will result in terms of security.                       information.
                             would be placed on     required to abide      registration
                             those people and       by the access          information would
                             organisations          framework and to       continue to be able
                             applying to become     ensure their           to do so.
                             Authorised Users.      entitlement to
                                                    access registration
                                                    information.




                                                                                                                                                                                                                                          Annex A
233
234



      Chapter 6 Privacy and access to registration records




                                                                                                                                                                                                                                                 Annex A
      6.4     Access
      Proposals introducing burdens
      Proposals               Would the               Would the               Would the proposal Would the new burden be proportionate to the                     Would the proposal          Would the extent to which the order removes
                              proposal impose         proposal remove         prevent anyone     benefit?                                                         strike a fair balance       or reduces burdens make it desirable for the
                              or remove a             any necessary           from exercising a                                                                   between the interests       RRO to be made?
                              burden?                 protection?             right or freedom?                                                                   of those affected and
                                                                                                                                                                  the public?
      Authorised Users to     This would be a         No. The proposal        No. No one would       Yes. The burden on Authorised Users would be small           Yes. The proposals will     Does not remove a burden but ensures the
      maintain accurate       new burden on           would ensure the        be prevented from      and is in line with good practice. The benefits would        reduce the costs to the     security of registration information and the
      lists of operators.     Authorised Users.       security of the         exercising any right   be a secure system and the protection of registration        public purse                integrity of the system, which is in the broader
                                                      central database is     or freedom.            information.                                                 significantly.              public interest.
                                                      not compromised.
      Introduction of a fee   This would be a         No. The proposal        No. No rights or       Yes. The access fee will be less than the current cost of    Yes. The proposal strikes   We consider that the overall package of benefits
      for accessing records   burden on the           will not remove         freedoms will be       a certificate. In turn, users of the database will benefit   a fair balance between      and the overall reduction in burdens make it
      on the central          Registrar General       any necessary           affected.              from improved response times, better searching               the interests of users of   desirable for the RRO to be made.
      database. Fee to be     and registration        protection. The                                facilities and flexibility about how and when they           registration records,
      set out in              authorities, that       charge for accessing                           access records.                                              those who administer
      subordinate             would collect the       the central database                                                                                        the system and the
      provisions to the       fee, and on those       will replace the                                                                                            public purse that will
      order.                  accessing the           existing fee for                                                                                            bear the cost.
                              database, who           purchasing
                              would be required       certificates. It is
                              to pay it.              estimated that the
                                                      charge would be
                                                      less than the cost of
                                                      a certificate.
      Offence of              This would be a         No. The proposals       No. No one will be     Yes. The benefit will be a more secure system, the           Yes. The proposals will     Does not remove a burden but ensures the
      deliberately            new burden on the       would increase the      prevented from         reduction in fraud and the protection of individuals.        protect individuals and     security of registration information and the
      tampering with or       Registrar General       protection to the       exercising any right                                                                the public purse and is     integrity of the system.
      damaging the central    and registration        records,                or freedom.                                                                         in the public interest.
      database or records     authorities, who        individuals,
      it contains.            would be required       organisations and
                              to provide              the public purse.
                              safeguards and
                              prevent misuse.
      Introduce an offence    This would be a         No. The proposal        No. No one would       Yes. Regulating access to the restricted information is      Yes. The proposals will     Does not remove a burden but ensures the
      of accessing a record   new burden on           would ensure the        be prevented from      necessary to protect individuals and registration            reduce the costs to the     security of registration information and the
      where consent has       those accessing         security of the         exercising any right   information. The benefits will be a more secure              public purse                integrity of the system, which is in the broader
      been refused or         registration records.   central database is     or freedom.            system.                                                      significantly from the      public interest.
      withheld.                                       not compromised.                                                                                            reduction in fraud and
                                                                                                                                                                  will protect individuals.




                                                                                                                                                                                                                                                 Tables of Burdens
      Chapter 6 Privacy and access to registration records




                                                                                                                                                                                                                                             Tables of Burdens
      6.4     Access
      Proposals introducing burdens
      Proposals               Would the               Would the              Would the proposal Would the new burden be proportionate to the                  Would the proposal          Would the extent to which the order removes
                              proposal impose         proposal remove        prevent anyone     benefit?                                                      strike a fair balance       or reduces burdens make it desirable for the
                              or remove a             any necessary          from exercising a                                                                between the interests       RRO to be made?
                              burden?                 protection?            right or freedom?                                                                of those affected and
                                                                                                                                                              the public?
      Provision for the       The proposal would      No. The proposal       No. No one would        Yes. Regulating access to registration information is    Yes. The proposal will      Does not remove a burden but ensures the
      Registrar General to    be a new burden on      will help to           be prevented from       necessary to protect individuals and the information.    balance the interest of     security of registration information and the
      withdraw access to      the Registrar           safeguard the          exercising a right or   The benefits would be a more secure system and           those affected and the      integrity of the system, which is in the broader
      the database in cases   General.                security of            freedom they could      increased protection.                                    public. A secure system     public interest.
      of non-compliance                               registration           reasonably expect to                                                             is in the interest of all
      with the access                                 information.           do.                                                                              users of registration.
      framework.
      To produce paper        The proposal would      No. The first paper    No. The proposal        Yes. The benefits will be accurate records and the       Yes. The proposals are      Does not remove a burden but ensures that
      copies showing          introduce a burden      copy issued at the     will not prevent        protection of the public by the introduction of a        in the public interest.     those registering events (or the couple in the
      information             on the Registrar        time of remote         anyone from             standard service for a statutory fee.                                                case of marriages) can obtain a paper copy in
      recorded at the time    General and             registration will be   exercising a right or                                                                                        order to check the information recorded. It also
      of registration.        registration            free and will allow    freedom.                                                                                                     ensures the public are able to obtain standard
      Provision to charge a   authorities who         the person                                                                                                                          paper copies for a set national fee.
      statutory fee in        would produce the       registering the
      certain                 paper copies and on     event, or the
      circumstances for       users of registration   couple in the case
      paper copies. Fees to   services who would      of marriage, to
      be set out in           pay for all but the     check the
      subordinate             first paper copy        information. Being
      provisions to the       issued at the time of   able to obtain a
      order.                  remote registration     standard paper
                              and at the              copy of an event
                              registration of         for a standard fee
                              marriages.              from any
                                                      registration
                                                      authority will
                                                      protect the public
                                                      and other users.
                                                      Bringing the issue
                                                      of paper copies in
                                                      line with the access
                                                      framework will also
                                                      ensure their
                                                      protection.
      The facility to         This would be a         No. This will be a     No. The proposal        Yes. The proposals will introduce choice and will give   Yes. The proposals are      Does not remove a burden but allows
      produce elaborate       new burden on the       discretionary          will protect the        registration authorities and the Registrar General       in line with local          registration authorities to extend the services
      documents for a         Registrar General       service offered to     rights and freedoms     opportunities to extend the services they offer.         authority well being        they offer to their customers and allows
      discretionary fee.      and registration        the public. The        of registration                                                                  powers.                     customers more choice.
                              authorities.            issue of documents     authorities to
                                                      will be in line with   develop their




                                                                                                                                                                                                                                             Annex A
                                                      the overall access     services.
                                                      framework.
235
236
      Chapter 6 Privacy and access to registration records
      6.5     Data sharing and data transfer




                                                                                                                                                                                                                                       Annex A
      Burdens removed or reduced
      Legislation                  Burdens imposed by legislation                                                    Would the proposal remove any necessary                Would the proposal prevent anyone exercising a right
                                                                                                                     protection?                                            or freedom?
      Births and Deaths            Burdens associated with releasing information under the current legal             No necessary protection would be removed. Access       No. No one would be prevented for exercising a right or
      Registration Act 1953,       framework. See section on access and chapter 5 on ‘through life’ records.         to registration records would continue.                freedom they may reasonable expect to continue.
      various sections.                                                                                                                                                     Registration records would continue to be used for
                                                                                                                                                                            obtaining services and benefits.
      Marriage Act 1949,           Burdens associated with releasing information under the current legal             No necessary protection would be removed. Access       No. No one would be prevented for exercising a right or
      various sections.            framework. See section on access and chapter 5 on ‘through life’ records.         to registration records would continue.                freedom they may reasonable expect to continue.
                                                                                                                                                                            Registration records would continue to be used for
                                                                                                                                                                            obtaining services and benefits.




      Proposals introducing burdens
      Proposals                Would the            Would the proposal      Would the              Would the new burden be proportionate to the            Would the proposal         Would the extent to which the order removes
                               proposal impose      remove any              proposal prevent       benefit?                                                strike a fair balance      or reduces burdens make it desirable for the
                               or remove a          necessary               anyone from                                                                    between the interests      RRO to be made?
                               burden?              protection?             exercising a right                                                             of those affected and
                                                                            or freedom?                                                                    the public?
      Provisions allowing      This would be a      No. The framework       No. No one would       Yes. The benefits include improved, more reactive and   Yes. The proposals will    The proposals will remove administrative
      the automatic            new burden on the    for data sharing will   be prevented from      joined up services. The system would produce the        ensure the accurate        burdens from individuals and organisations and
      notification of          Registrar General    ensure information      exercising any right   information required for data sharing.                  payment of benefits,       help to deliver joined-up and streamlined
      registration             and registration     is only used where      or freedom.                                                                    which will protect the     Government services.
      information.             authorities.         there is provision to                                                                                  public purse. They will
                                                    do so and will                                                                                         also improve the quality
                                                    protect the                                                                                            of the information and
                                                    individual.                                                                                            help to reduce fraud.




                                                                                                                                                                                                                                       Tables of Burdens
                                                                                                                                                                                                                                            Tables of Burdens
      Chapter 6 Privacy and access to registration records
      6.6      Historic records
      Burdens removed or reduced
      Legislation                 Burdens imposed by legislation                                                      Would the proposal remove any necessary               Would the proposal prevent anyone exercising a right
                                                                                                                      protection?                                           or freedom?
      Births and Deaths           See Access table (6.4) for details of burdens removed or reduced in relation to     No. There would be alternative methods of             No. Those requiring access to registration records would
      Registration Act 1953,      the production of indexes and the issue of certificates.                            identifying registration records.                     continue to have it.
      various sections
      Marriage Act 1949,          See Access table (6.4) for details of burdens removed or reduced in relation to     No. There would be alternative methods of             No. Those requiring access to registration records would
      various sections            the production of indexes and the issue of certificates.                            identifying registration records.                     continue to have it.


      Proposals introducing burdens
      Proposals                Would the             Would the              Would the               Would the new burden be proportionate to the           Would the proposal           Would the extent to which the order removes
                               proposal impose       proposal remove        proposal prevent        benefit?                                               strike a fair balance        or reduces burdens make it desirable for the
                               or remove a           any necessary          anyone from                                                                    between the interests of     RRO to be made?
                               burden?               protection?            exercising a right                                                             those affected and the
                                                                            or freedom?                                                                    public?
      Requirement to           There would be a      No. The proposals      No. The proposals       Yes. Users would benefit from increased flexibility    Yes. The proposals would     Yes. We consider that the proposals will reduce
      make available           burden on the         will protect the       will result in          and improved access to historic records as well as     enhance the availability     burdens on both the providers and users of
      historic records on      Registrar General     majority of            improvements to         financial savings from not having to purchase          of these records while       historic registration information. They allow for
      the 100th                and registration      individuals and        the rights and          certificates. The burden on those making the records   significantly reducing the   the full use of modern technology.
      anniversary of the       authorities to make   their families. The    freedoms of users of    available would be less than at present and would      costs to users and the
      birth of the subject     historic records      release of a small     historic registration   reduce over time as records are captured               public purse.
      (elder spouse, in the    available and pass    amount of historic     records.                electronically.
      case of marriages).      them over for         information for
                               computerisation.      living centenarians
                                                     will not adversely
                                                     affect their overall
                                                     protection.
                                                     Similarly, the
                                                     amount of
                                                     additional historic
                                                     information that
                                                     would be released
                                                     about the younger
                                                     spouse would not
                                                     significantly affect
                                                     their protection.
      Releasing of             This would be a       The proposals          No. The proposals       Yes. The proposal would make available a new source    Yes. The proposal would      Would not remove a burden but the benefits
      statistical              new burden on the     would not              would result in         of information.                                        be in line with the move     that would result would make it desirable for the
      information for          Registrar General.    significantly affect   improvements to                                                                to greater openness and      RRO to be made.
      historic records.                              the protection         the rights and                                                                 would be in the wider




                                                                                                                                                                                                                                            Annex A
                                                     afforded to the        freedoms of users of                                                           public interest.
                                                     majority of            historic registration
                                                     individuals and        records.
                                                     their families.
237
238



      Chapter 7 The Registers




                                                                                                                                                                                                                                   Annex A
      7.3      Existing registers
      Burdens removed or reduced
      Legislation              Burdens imposed by legislation                                                       Would the proposal remove any necessary                 Would the proposal prevent anyone exercising a right
                                                                                                                    protection?                                             or freedom?

      Births and Deaths        Requirement on Registrar General to provide registers. Also see chapter on           No. There will be alternative arrangements for the      No. The registration of events will also continue.
      Registration Act 1953,   registration of births, still-births and deaths.                                     registration of life events.
      S25
      Births and Deaths        Requirement for registrars to make and deliver copies of registrations to            No. There will be alternative provisions for the        No. The registration of events will continue.
      Registration Act 1953,   superintendent registrars and for the latter to verify these.                        registration of life events.
      S26
      Births and Deaths        Requirement for superintendent registrars to deliver quarterly certified copies      No. There will be alternative provisions for the        No. The registration of events will continue.
      Registration Act 1953,   for their area to the Registrar General.                                             registration of life events.
      S27
      Births and Deaths        Requirement for registrars to keep safe registers in their possession and for        No. There will be alternative provisions for the        No. The registration of events will continue.
      Registration Act 1953,   depositing filled registers of still-births with the Registrar General.              registration of life events and the safekeeping of
      S28(1)-(3)                                                                                                    records.
      Births and Deaths        Requirement on the Registrar General to keep registers in his possession in the      No. There will be alternative provisions to ensure the No.
      Registration Act 1953,   way he sees fit.                                                                     long-term preservation of registration records.
      S28(4)
      Births and Deaths        See Access table for details of burdens removed in relation to the creation of       No. There will be alternative ways of identifying and   No.
      Registration Act 1953,   indexes and the issue of certificates.                                               accessing registration records.
      S30-S33
      Marriage Act 1949,       Requirement for notice of marriage to be recorded in marriage notice book.           No. Marriage notices will be recorded on the central    No. The system for giving notice will continue.
      S27(4)                   Also see chapter on Marriages.                                                       database.
      Marriage Act 1949, S54   Requirement on Registrar General to supply registers for the registration of         No. There will be alternative arrangements for the      No. The registration of events will also continue.
                               marriages. Also see chapter on Marriages.                                            registration of life events.
      Marriage Act 1949, S57   Requirement for holders of marriage registers to make and deliver to the             No. There will be arrangements in place for the         No. The registration of events will continue.
                               superintendent registrar of the area copies of registrations and for the latter to   long-term preservation of registration records and
                               verify these.                                                                        for the electronic capture of these.
      Marriage Act 1949,       Requirement for superintendent registrars to deliver quarterly certified copies      No. There will be alternative provisions for the        No. The registration of events will continue.
      S58 (1)                  for their area to the Registrar General.                                             registration of life events.
      Marriage Act 1949,       Requirement on the Registrar General to keep registers in his possession in the      No. There will be alternative provisions to ensure the No.
      S58(2)                   way he sees fit.                                                                     long-term preservation of registration records.
      Marriage Act 1949, S59   Requirements for holders of marriage registers to keep these safely until they are   No. There will be alternative provisions for the        No. The registration of events will continue.
                               filled.                                                                              registration of life events and the safekeeping of
                                                                                                                    records.




                                                                                                                                                                                                                                   Tables of Burdens
      Chapter 7 The Registers




                                                                                                                                                                                                                                       Tables of Burdens
      7.3       Existing registers
      Burdens removed or reduced
      Legislation                Burdens imposed by legislation                                                    Would the proposal remove any necessary                 Would the proposal prevent anyone exercising a right
                                                                                                                   protection?                                             or freedom?
      Marriage Act 1949, S60     Provisions for the handling of filled marriage registers.                         No. There will be alternative arrangements in place     No.
                                                                                                                   for the long-term preservation of registration
                                                                                                                   records.
      Marriage Act 1949, S62     Provisions for depositing marriage registers from churches or chapels that stop   No. The registration of marriages will continue and     No.
                                 being used for the solemnization of marriages. Also see chapter on Marriages.     there will be alternative arrangements in place for
                                                                                                                   the preservation of registration records.
      Marriage Act 1949,         See Access table for details of burdens removed in relation to the creation of    No. There will be alternative ways of identifying and   No.
      S63–S65                    indexes and the issue of certificates.                                            accessing registration records.
      Registration Service Act   Requirement for local authorities to provide and maintain a register office,      No. There will be alternative arrangements in place     No.
      1953, S10(1)               including a fireproof repository.                                                 for the long-term preservation of registration
                                                                                                                   records.
      Registration Service Act   Requirement on Registrar General to provide fire-resisting boxes for registrars   No. There will be alternative provisions for the        No. Registration records will continue to be made
      1953, S12                  to hold their registers.                                                          registration of life events and the safeguarding of     available. The registration of events will also continue.
                                                                                                                   these.




                                                                                                                                                                                                                                       Annex A
239
240



      Chapter 7 The Registers




                                                                                                                                                                                                                                               Annex A
      7.3        Existing registers
      Proposals introducing burdens
      Proposals               Would the               Would the               Would the proposal     Would the new burden be proportionate to the           Would the proposal          Would the extent to which the order removes
                              proposal impose         proposal remove         prevent anyone         benefit?                                               strike a fair balance       or reduces burdens make it desirable for the
                              or remove a             any necessary           from exercising a                                                             between the interests       RRO to be made?
                              burden?                 protection?             right or freedom?                                                             of those affected and
                                                                                                                                                            the public?
      Local authorities       A new burden            No. The proposal        No. Registration       Yes. Local authorities are already responsible for     Yes. The preservation of    Yes. The proposal will give local authorities
      will be responsible     would be placed on      would ensure the        records would          providing strong-rooms for keeping registers. This     registration records is     flexibility to deal with these registers and reduce
      for the registers in    local authorities       long-term               continue to be         proposal would rationalise the current situation and   beneficial to individuals   the overall burden on them.
      their area.             who would become        preservation of         available.             give them flexibility over how they achieve it.        and society. Overall, it
                              responsible for the     existing registers.                                                                                   is likely to result in a
                              registers in their                                                                                                            saving to the public
                              area.                                                                                                                         purse.

      Requirement on          This will be a new      No. The                 No.                    Yes. Local authorities already keep marriage notice    Yes. The preservation of    Does not remove a burden but the proposals
      local authorities to    burden on local         requirement to give                            books. The provisions would allow them to              marriage notice books is    will give local authorities flexibility to deal with
      make long-term          authorities to make     notice of marriage                             rationalise the archival space they manage. The        beneficial to individuals   the records in their possession.
      arrangements for        suitable                will continue. The                             proposal would ensure that a new and important         and society.
      the preservation of     arrangements.           proposals will                                 source of information was made available and
      marriage notice                                 ensure the long-                               preserved.
      books.                                          term preservation
                                                      of the marriage
                                                      notice books and
                                                      will enhance the
                                                      availability of these
                                                      records.

      Religious bodies will    This proposal will     No. The proposal        No. The proposals      Yes. Religious bodies are already required to manage   Yes. The preservation of    Yes. We consider that the proposal would reduce
      be able to decide       give religious bodies   would ensure the        will give religious    their registers in a prescribed manner. The proposal   registration records is     the overall burden on religious bodies and
      how they manage         new freedoms to         long-term               bodies new             would remove the constraints and give them more        beneficial to individuals   would give them increased flexibility and choice.
      their archive of        manage the archive      preservation of         freedoms.              choice.                                                and society.
      marriage registers.     of marriage registers   existing registers.     Registration records
                              in their custody.                               would continue to
                                                                              be available.
                                                                              Religious bodies
                                                                              would keep the
                                                                              registers in their
                                                                              custody.




                                                                                                                                                                                                                                               Tables of Burdens
      Chapter 7 The Registers




                                                                                                                                                                                                                                       Tables of Burdens
      7.3        Existing registers
      Proposals introducing burdens
      Proposals               Would the              Would the              Would the proposal      Would the new burden be proportionate to the             Would the proposal        Would the extent to which the order removes
                              proposal impose        proposal remove        prevent anyone          benefit?                                                 strike a fair balance     or reduces burdens make it desirable for the
                              or remove a            any necessary          from exercising a                                                                between the interests     RRO to be made?
                              burden?                protection?            right or freedom?                                                                of those affected and
                                                                                                                                                             the public?
      Requirement to          There would be an      No. Registration       The proposals would     Yes. The benefits of having a secure system for          Yes. The proposal will    This proposal does not remove or reduce a
      apply access            additional burden      information would      limit the rights and    accessing registration information and applying that     protect individuals and   burden but would strengthen the protection of
      framework to            on holders of          continue to be used    freedoms of some        consistently we believe outweighs the introduction of    the public purse by       individual’s privacy and the security of
      marriage registers      marriage registers,    for obtaining          people to access the    this burden. There will be arrangements in place to      helping to reduce the     registration information.
      held outside the        including archivists   services and           full record. This is    minimise this burden.                                    fraudulent use of
      registration service.   to apply the access    benefits.              necessary to protect                                                             registration
                              framework.             Controlling access     privacy and prevent                                                              information.
                                                     to the restricted      fraud.
                                                     information will
                                                     ensure people’s
                                                     privacy is protected
                                                     and the
                                                     information is
                                                     secure.

                                                                            See Access table for details of the access framework and the burdens associated with it.




                                                                                                                                                                                                                                       Annex A
241
242



      Chapter 8 Overseas and other records




                                                                                                                                                                                                                                           Annex A
      8.2 and 8.3                    Overseas and miscellaneous records
      Burdens removed or reduced
      Legislation                 Burdens imposed by legislation                                                       Would the proposal remove any necessary                Would the proposal prevent anyone exercising a right
                                                                                                                       protection?                                            or freedom?
      Various Acts.               See Access table for details of burdens removed or reduced in relation to the        No. There would be alternative methods of              No. Those requiring access to registration records would
                                  production of indexes and the issue of certificates.                                 identifying registration records. The issuing of       continue to have it.
                                                                                                                       certificates would continue in a more limited way as
                                                                                                                       a transitional measure.



      8.2 and 8.3                    Overseas and miscellaneous records
      Proposals introducing burdens
      Proposals               Would the              Would the proposal       Would the            Would the new burden be proportionate to the             Would the proposal         Would the extent to which the order removes
                              proposal impose        remove any               proposal prevent     benefit?                                                 strike a fair balance      or reduces burdens make it desirable for the
                              or remove a            necessary                anyone from                                                                   between the interests of   RRO to be made?
                              burden?                protection?              exercising a right                                                            those affected and the
                                                                              or freedom?                                                                   public?
      British registering     A new burden           No. The proposals        The proposals       Yes. The proposals will ensure that access to all         Yes. The proposals will    Does not remove a burden. However, we
      authorities to apply    would be placed on     will continue to         would limit the     registration records is consistent.                       protect the privacy of     consider the introduction of these proposals to
      the access              British registering    allow for the            rights and                                                                    individuals, while         be desirable in terms of the protection they will
      framework to            authorities to         registration of events   freedoms of some                                                              maintaining the public     afford to individuals and the potential reduction
      records they hold.      ensure only those      overseas for British     people to access                                                              interest in the            in fraud.
                              entitled to access     citizens, and for        the full record.                                                              information.
                              records do so.         access to those          This is necessary
                                                     records.                 to protect privacy
                                                                              and prevent fraud.
                                                                              With the move to
                                                                              an electronic
                                                                              system, this is not
                                                                              a freedom they can
                                                                              expect to continue
                                                                              to exercise.
      New framework for       See Access table for
      accessing               details of burdens.
      registration records.
      Provisions for          See ‘Through life’
      linking records.        records table for
                              details of burdens.




                                                                                                                                                                                                                                           Tables of Burdens
      Chapter 8 Overseas and other records




                                                                                                                                                                                                                                  Tables of Burdens
      8.2 and 8.3                    Overseas and miscellaneous records
      Proposals introducing burdens
      Proposals               Would the              Would the proposal      Would the            Would the new burden be proportionate to the    Would the proposal          Would the extent to which the order removes
                              proposal impose        remove any              proposal prevent     benefit?                                        strike a fair balance       or reduces burdens make it desirable for the
                              or remove a            necessary               anyone from                                                          between the interests of    RRO to be made?
                              burden?                protection?             exercising a right                                                   those affected and the
                                                                             or freedom?                                                          public?
      Provisions for data     See table on Data
      sharing.                Sharing and Data
                              Transfer for details
                              of burdens.
      Provisions for          New burdens            No. The proposals       No. There are no     Yes. The inconvenience to the couple would be   Yes. There will be           The benefits that will result from the proposals
      depositing              would be placed on     will extend existing    rights or freedoms   minimal. The benefits would include easier      negligible cost to the      for those people marrying abroad make the
      documents for           the couple             protection to British   at issue.            subsequent access to marriage documents.        public purse from the       proposals desirable.
      marriages in            depositing marriage    citizens who marry                                                                           proposals. The cost to
      Commonwealth            documents and          in Commonwealth                                                                              the couple of lodging
      countries and for       paying the fee, and    countries.                                                                                   documents will be
      charging a fee for so   on the Registrar                                                                                                    balanced by other
      doing. Fees to be set   General for                                                                                                         savings in the long term.
      out in subordinate      handling the
      provisions to the       applications.
      order.
      Provisions to allow     See table on
      other overseas          ‘Through Life’
      records to be           Records for details
      included on central     of burdens.
      database.




                                                                                                                                                                                                                                  Annex A
243
244



      Chapter 9 Statistics




                                                                                                                                                                                                                                 Annex A
      9.1-9.3             Statistical information obtained from registration
      Burdens removed or reduced
      Legislation               Burdens imposed by legislation                                                       Would the proposal remove any necessary              Would the proposal prevent anyone exercising a right
                                                                                                                     protection?                                          or freedom?
      Population (Statistics)   Specifies in the Schedule to the Act the particulars to be given to a registration   No: it is proposed to continue to specify the        No: there are no rights or freedoms at issue.
      Act 1938 S1               officer.                                                                             particulars to be given but to include them in the
                                                                                                                     subordinate provisions to the Order.
      Population (Statistics)   No disclosure of information obtained under this Act.                                No: there would continue to be safeguards for the    No: there are no rights or freedoms at issue.
      Act 1938 S4(2)                                                                                                 disclosure of information obtained under this Act.
                                                                                                                     A new more flexible framework would continue to
                                                                                                                     ensure that privacy was protected where necessary
                                                                                                                     and appropriate.




                                                                                                                                                                                                                                 Tables of Burdens
      Chapter 9 Statistics




                                                                                                                                                                                                                                                 Tables of Burdens
      9.1-9.3             Statistical information obtained from registration
      Proposals introducing burdens
      Proposals               Would the               Would the             Would the            Would the new burden be proportionate to the                Would the proposal             Would the extent to which the order removes
                              proposal impose         proposal remove       proposal prevent     benefit?                                                    strike a fair balance          or reduces burdens make it desirable for the
                              or remove a             any necessary         anyone from                                                                      between the interests          RRO to be made?
                              burden?                 protection?           exercising a right                                                               of those affected and
                                                                            or freedom?                                                                      the public?
      Registrar General       It would be a new       No: the Registrar     No: there are no     Yes: the Registrar General will only test the collection    Yes: it will enable the        Yes: the provisions balance the burden on
      would be able to test   burden on the           General would only    rights or freedoms   of new information where there is a consensus that it       collection of new              citizens who would have to give this
      the collection of       Registrar General.      test the collection   at issue.            will be of value for statistics and research and will not   information to be tested       information, the ability to test the collection of
      new information.        For members of the      of new information                         represent an unreasonable burden on the citizen.            to ascertain public            new information, the interests of the registration
                              public participating    under the same                                                                                         acceptability and to be        service who would test the collection and the
                              in the tests, it        legal framework as                                                                                     evaluated for use in           interests of statisticians and researchers who
                              would also be a         current information                                                                                    statistics and research.       produce and analyse statistics on the public’s
                              burden to give          is collected.                                                                                                                         behalf.
                              additional
                              information. There
                              would be no legal
                              obligation to give
                              such information if
                              it was a test.
      Registrar General       It would be a new       No: Parliament        No: there are no     Yes: the Registrar General will only propose the            Yes: the proposal strikes      Yes: the burdens created on the Registrar
      would have the          burden on the           would ensure that     rights or freedoms   collection of new information where it is proved that       a fair balance between         General, citizens and the registration service are
      power, subject to the   Registrar General.      the Registrar         at issue.            it will be of value for statistics and research and will    the burden on citizens         proportionate to the benefits that would result
      affirmative             He would only           General exercised                          not represent an unreasonable burden on the citizen.        who would have to give         from the ability to collect new information and
      resolution              propose to specify      this power in a                                                                                        the information, the           the new information collected.
      procedure, to specify   new information         reasonable manner.                                                                                     ‘public good’ of having
      in subordinate          once its collection                                                                                                            relevant and timely
      provisions the          had been tested and                                                                                                            statistics, the interests of
      information to be       evaluated.                                                                                                                     the registration service
      collected.                                                                                                                                             who would have to
                                                                                                                                                             collect the information
                                                                                                                                                             and the interests of
                                                                                                                                                             statisticians and
                                                                                                                                                             researchers who produce
                                                                                                                                                             and analyse statistics on
                                                                                                                                                             the public’s behalf.
      Registrar General       It would reduce the     No: it would not be   No: there are no     Yes; the Registrar General and the NHS, subject to          Yes: a citizen would be        Yes: the proposal would provide benefits for the
      to have powers to       burden on the           possible to share     rights or freedoms   appropriate consent, would be able to share                 asked to consent to the        State and for the citizen. It would allow the
      use other               citizen of having to    administrative        at issue.            administrative information that will improve the            sharing of administrative      sharing of administrative information, subject to
      administrative          provide the same        information unless                         effectiveness of their respective procedures.               information and could          appropriate consent, that will improve service
      sources of              administrative          there was                                                                                              refuse to do so. In which      delivery.
      information,            information to the      appropriate consent                                                                                    case he or she would
      particularly the        NHS and the             to do so.                                                                                              have to provide the
      NHS, subject to         registration service.                                                                                                          information twice.
      appropriate consent.




                                                                                                                                                                                                                                                 Annex A
245
246



      Chapter 10 Organisation




                                                                                                                                                                                                                                     Annex A
      10.1          Organisation
      Burdens removed or reduced
      Legislation          Burdens imposed by legislation                                                      Would the proposal remove any necessary                   Would the proposal prevent anyone exercising a right or
                                                                                                               protection?                                               freedom?
      RSA S5(1) and        In each non metropolitan county and metropolitan district there shall be one        These specific burdens are replaced by the general        No.
      RSA S5(2)            or more districts and in every district there shall one or more sub-districts.      duty on the local registration authority to provide
                           Each district/sub-district shall have a superintendent srgistrar and each sub-      the face to face service.
                           district shall have registrars of births and deaths.
      RSA S6(1)            The Register General’s responsibility to appoint (where local authorities fail to   No. The protection is provided by the general duty        No, the provision enables local authorities to manage the
      RSA S7(1)            do so), approve or remove:                                                          on local authority to provide the ‘face to face’          service in a more effective cohesive way.
      RSA S8(1)            • superintendent registrars                                                         service. There would be an implied duty to make
                           • registrars of births and deaths                                                   proper arrangements for the discharge of
                           • additional registrars of marriages                                                registration duties at all times.
                           • deputy superintendent registrars
                           • deputy registrars of birth and deaths
                           • deputy registrars of marriages
                           Local authorities required to appoint to these specific posts.
      RSA S9               The proper officer of a local authority has responsibilities under the RSA 1953     No. The protection is provided by the general duty
                           to appoint:                                                                         on local authority to provide the ‘face to face’
                           • Interim superintendent registrars                                                 service. There would be an implied duty to make
                           • Interim registrar of births and deaths                                            proper arrangements for the discharge of
                           • Interim deputies to the above posts                                               registration duties at all times.

      RSA S18              Burdens arising under arrangements relating to temporary provisions for non-        No. There are no statutory posts of non-salaried          No.
                           salaried officers will be removed.                                                  officers. This was a transitional provision.
      RSA S13              The burden on the local authority to appoint a proper officer will be removed.      No. The local authority will have to make proper          No.
                           The burden on the proper officer of discharging his duties will be removed.         arrangements to discharge its duty to provide a ‘face
                           The duties are:                                                                     to face’ registration service including suitable
                           •RSA 9(1&2) appoint Interim Officers                                                management arrangements.
                           •RSA 13(2)(h) powers to fix hours, distribution of business and transfer of post
                           holders within or between districts
                           •RSA 13(3)(b) powers conferred by Local authority under a local scheme
                           •RSA 20 (b) duties prescribed by Registrar General regulation
      RSA S13              Requirement to prepare local registration service schemes and to submit local       No. These arrangements allowed the Minister to be         Local authority will have more freedom and control on the
      RSA S14              schemes for approval will be removed.                                               sure that proper arrangements had been made.              delivery of the service
                                                                                                               Local authorities will have a direct legal
                                                                                                               responsibility to deliver the service. There will still
                                                                                                               be controls, inspection and proportionate
                                                                                                               intervention powers. So this necessary protection
                                                                                                               (of preparing schemes) will be replaced by a more




                                                                                                                                                                                                                                     Tables of Burdens
                                                                                                               appropriate regime.
      Chapter 10 Organisation




                                                                                                                                                                                                                                Tables of Burdens
      10.1          Organisation
      Burdens removed or reduced
      Legislation        Burdens imposed by legislation                                                      Would the proposal remove any necessary                  Would the proposal prevent anyone exercising a right
                                                                                                             protection?                                              or freedom?
      RSA S10–11         Requirement for local authority to provide accommodation for register offices and   No. This specific duty is replaced by the general        The local authority will be able to manage its property
                         sub districts removed.                                                              duty as regards service provision, where it is implied   more flexibly to meet customers needs.
                                                                                                             that accommodation will be needed to discharge the
                                                                                                             face to face service.
      RSA S12            Requirement on Registrar General to provide register boxes to registrars.           This will be removed as a legal burden. The              No.
                                                                                                             Registrar General will continue to provide boxes to
                                                                                                             local authorities while they are needed. In time they
                                                                                                             will not be needed.




                                                                                                                                                                                                                                Annex A
247
248



      Chapter 10 Organisation




                                                                                                                                                                                                                            Annex A
      10.1         Organisation
      Proposals introducing burdens
      Proposals               Would the               Would the proposal      Would the            Would the new burden be proportionate to the   Would the proposal         Would the extent to which the order removes
                              proposal impose         remove any              proposal prevent     benefit?                                       strike a fair balance      or reduces burdens make it desirable for the
                              or remove a             necessary               anyone from                                                         between the interests of   RRO to be made?
                              burden?                 protection?             exercising a right                                                  those affected and the
                                                                              or freedom?                                                         public?
      Registrar General to    The Register            No. It increases the    No.                  Yes.                                           Yes.                       Yes.
      provide national call   General and his         access channels for
      centre and Internet     staff would have        registration service
      access.                 the burden of the       informants.
                              responsibility to
                              set-up and
                              maintain the
                              national database
                              and to provide a
                              national call centre.
      Local authorities to    Local authorities       No. It is a more        No.                  Yes.                                           Yes.                       Yes.
      provided face to face   would have the          appropriate
      services.               burden of the duty      framework for
                              to provide the face     delivering assured
                              to face service and     registration services
                              of meeting the          suitable for local
                              minimum                 communities.
                              standards.
      Staff to have proper    Local authorities       No – Staff would get    No.                  Yes.                                           Yes.                       Yes.
      employment              would have the          the benefits accruing
      contracts.              burden of directly      from a normal
                              employing staff to      employment
                              deliver the service,    contract as opposed
                              and of managing         to formal post
                              those staff             holder status that
                              including all           does not allow
                              disciplinary            remedies such as
                              matters.                industrial tribunals.
      Local authorities to    It would be a           No. Many                No.                  Yes.                                           Yes.                       Yes.
      provide/signpost        burden on local         Authorities will
      discretionary           authorities.            prefer to be able to
      services.                                       provide a wider
                                                      range of services.




                                                                                                                                                                                                                            Tables of Burdens
                                                                                                                                                                                                                                  Tables of Burdens
      Chapter 11 Finance and charges
      11.1          Finance and charges
      Burdens removed or reduced
      Legislation                 Burdens imposed by legislation                                                 Would the proposal remove any necessary                  Would the proposal prevent anyone exercising a right
                                                                                                                 protection?                                              or freedom?
      RSA S15 and S16             Requirements in relation to accounting and giving up of books and records on   As currently enacted these burdens fall on statutory     No.
                                  cessation of office.                                                           postholders. As these will become local authority
                                                                                                                 employees these burdens will no longer be
                                                                                                                 appropriate. In time all books and registers will be
                                                                                                                 given up and the issue does not arise with the new
                                                                                                                 entries that are recorded in the database. Local
                                                                                                                 authorities are under existing obligations in relation
                                                                                                                 to accounting and banking and additional burdens
                                                                                                                 need to be placed in this regard.



      11.1          Finance and charges
      Proposals introducing burdens
      Proposals               Would the             Would the            Would the             Would the new burden be proportionate to the             Would the proposal         Would the extent to which the order removes
                              proposal impose       proposal remove      proposal prevent      benefit?                                                 strike a fair balance      or reduces burdens make it desirable for the
                              or remove a           any necessary        anyone from                                                                    between the interests of   RRO to be made?
                              burden?               protection?          exercising a right                                                             those affected and the
                                                                         or freedom?                                                                    public?

      Local authorities to    It would be a         No. This is not an   No.                   Yes.                                                     Yes.                       Yes.
      provide accounting      burden on local       onerous burden –
      data to the Registrar   authorities so that   local authority
      General.                the requirements of   accounting systems
                              the Public            should be able to
                              Expenditure and       accommodate this
                              Receipts Act 1968     requirement.
                              could be met by
                              the Registrar
                              General in setting
                              prices for services
                              provided under
                              that Act.




                                                                                                                                                                                                                                  Annex A
249
      Annex B                                                                                      List of organisations consulted




      Annex B
      List of organisations consulted

      All County Councils in England and Wales                      British Bankers’ Association

      All Metropolitan Councils in England and Wales                British Chamber of Commerce

      All Unitary Authorities in England and Wales                  British Hospitality Association

      All Registration Officers in England and Wales                British Humanist Association

      All Strategic Health Authorities in England                   British Juvenile and Family Courts Society

      All Local Health Boards in Wales                              British Medical Association

      Active Media                                                  Building Societies Association

      Adoption UK                                                   Cefn

      Age Concern                                                   Central Council of Magistrates’ Courts Committees

      Age Concern Cymru                                             Chartered Institute for Public Finance and Accountancy

      All Wales Ethnic Minority Association                         Children Society

      Association of British Insurers                               Churches Main Committee

      Association of Burial Authorities                             Church in Wales

      Association of Chief Archivists in Local Government (ACALG)   Church of England Archbishops’ Council

      Association of Family Court Welfare Officers                  Civil Ceremonies Ltd

      Association for Public Service Excellence                     Commission for Health Improvement

      Association of Genealogists and Researchers in Archives       Commission for Racial Equality in Wales

      Association of Justices’ Chief Executives                     Compassionate Friends

      Association of Lawyers for Children                           Consideration of Burial Authorities (CBA)

      Associations of Magisterial Officers                          Confederation of Indian Organisations

      Baptist Union of Great Britain                                Consumer Association

      Bar Council                                                   Coroners’ Officers Association

      Board of Deputies of British Jews                             Coroner’s Society

      British Association for Adoption & Fostering (BAAF)           Council for Museums, Archives and Libraries
250
List of organisations consulted                                                                        Annex B




Council of Mortgage Lenders Credit Industry Fraud   Improvement and Development Agency
Avoidance Service
                                                    Institute of Burial and Cremation Administration (IBCA)
Cremation Society of Great Britain CRUSE
                                                    Institute of Consumer Affairs
Cymdeithas yr Iaith
                                                    Institute of Heraldic & Genealogical Studies
Cymuned
                                                    Institute of Population Registration
Direct Marketing (UK) Limited
                                                    Institute of Public Policy Research
Disability Wales
                                                    Inter-Faith Network for the UK
Employers’ Organisation
                                                    International Underwriting Association of London
Experian
                                                    Justice Clerks’ Society
Families Need Fathers
                                                    Law Centres Federation
Family History Monthly
                                                    Law Society
Family Law Bar Association
                                                    Legal Aid Practitioners’ Group
Family Tree Magazine
                                                    Liberal Jewish Synagogue
Family Welfare Association
                                                    Liberty
Federation of British Cremation Authorities
                                                    Lifecycle Marketing Limited
Federation of Family History Societies
                                                    Local Authority Co-ordinators for Regulatory Services
Federation of Small Businesses
                                                    Local Government Association
Federation of Small Businesses (Wales)
                                                    Local Government Information Unit
Financial Services Authority
                                                    Local Government Ombudsman
Foundation for Information Technology in Local
Government                                          London Metropolitan Archive

Fraser & Fraser                                     Magistrates Association

Free Churches Group                                 Maternity Alliance

Gingerbread                                         Methodist Church

Genealogical Society of Utah                        Mothers’ Union

GMB                                                 Muslim Council of Britain

Guild of One Name Studies                           National Association of Bereavement Services

Health Solutions Wales                              National Association of Citizens Advice Bureaux

Hoopers                                             National Association of Family Court Welfare Officers


                                                                                                                 251
      Annex B                                                                                   List of organisations consulted




      National Childbirth Trust                                  Royal Statistical Society

      National Consumer Council                                  School of Health and Related Research

      National Consumer Federation                               Small Business Service

      National Council for One Parent Families                   Society of Archivists

      National Council of Hindu Temples                          Society of County Treasurers

      National Council on Archives                               Society of Genealogists

      National Family and Parenting Institute                    Society of IT Management

      National Family Mediation                                  Society of Labour Lawyers

      National Library of Wales                                  Society of Public Information Networks

      National Organisation for Counselling Adoptees and their   Society of Registration Officers
      Parents (NORCAP)
                                                                 SOLACE
      Natural Parents Network
                                                                 Solicitors’ Family Law Association
      National Perinatal Epidemiology Unit
                                                                 Still-births and Neo-natal Deaths Society
      National Society of Allied and Independent Funeral
      Directors                                                  Stonewall Cymru

      NCVCCO                                                     Strategic Health Authorities

      Network of Sikh Organisations (UK)                         TGWU

      Official Solicitor and Public Trustee                      Title Research

      One Plus One                                               Union of Muslim Organisations of the UK and Eire

      Pensions Management Institute                              Union of Orthodox Hebrew Congregations

      Public Health Observatories                                UNISON

      REaD Group                                                 United Reform Church

      Registry Trust                                             University of Essex Data Archive

      Relate                                                     Wales Women’s National Coalition

      Religious Society of Friends (Quakers)                     Welsh Local Government Association

      Restaurant Association                                     Welsh Assembly Government

      Roman Catholic Church                                      West London Synagogue of British Jews

      Rotary                                                     Womens Institute

      Royal Mail


252
Regulatory reform proposals and orders: Parliamentary consideration                                                    Annex C




Annex C
Regulatory reform proposals and orders:
Parliamentary consideration
Introduction                                                          persons affected by the new burdens;
1.        These reform proposals in relation to civil            •    whether an Order that imposes burdens is desirable in
registration will require changes to primary legislation in           terms either of the burdens it removes or the other
order to give effect to them. The Minister could achieve              benefits it brings;
these changes by introducing a Regulatory Reform Order           •    whether any parts of the proposed Order are being
under the Regulatory Reform Act 2001. Regulatory Reform               designated as ‘subordinate provisions’, allowing them to
Orders are subject to preliminary consultation and an                 be changed by less elaborate Parliamentary procedures
extended Parliamentary scrutiny (by Committees in each                in the future;
House of Parliament) of any subsequently proposed Order.         •    what cost savings or increases are expected, and why;
On that basis, the Minister invites comments on these            •    what other benefits there will be from the proposals;
reform proposals in relation to civil registration as measures   •    details of the consultation process;
that might be carried forward by a Regulatory Reform             •    any representations received as a result of that
Order.                                                                consultation; and
                                                                 •    the changes made as a result.
Regulatory Reform Proposals
2.       This consultation document on amending the              4.        On the day the Minister lays the proposals and
statutory powers relating to civil registration has been         report, the period for Parliamentary consideration begins. It
produced because the starting point for regulatory reform        lasts for 60 days, excluding Parliamentary recesses of more
proposals is thorough and effective consultation with            than four days. If you want a copy of the proposals and the
interested parties. In undertaking this preliminary              Minister’s report, you will be able to get them either from
consultation, the Minister is expected to seek out actively      the Government department concerned or by visiting the
the views of those concerned, including those who may be         Cabinet Office’s website at www.cabinet-office.gov.uk/
adversely affected, and then to demonstrate to the Scrutiny      regulation/act/index.htm.
Committees that he or she has addressed those concerns.
                                                                 Parliamentary Scrutiny
3.      Following the consultation exercise, when the            5.       Both Houses of Parliament scrutinise regulatory
Minister lays proposals before Parliament under the              reform proposals and draft orders. This is done by the
Regulatory Reform Act, he or she must also lay a report for      Scrutiny Committees.
consideration by the Scrutiny Committees setting out a
summary of:                                                      6.    Standing Orders in the Commons stipulate that the
                                                                 Committee there considers whether proposals:
•    the burden imposed by the existing law;
•    whether any of those burdens are proposed to be             (a) appear to make an inappropriate use of delegated
     removed or reduced;                                              legislation;
•    how the proposals otherwise further the other objects of    (b) remove or reduce a burden or the authorisation or
     the Regulatory Reform Act (re-enacting proportionate             requirement of a burden;
     burdens, introducing new but proportionate burdens,         (c) continue any necessary protection;
     removing inconsistencies and anomalies);                    (d) have been the subject of, and take appropriate account
•    whether there is ‘necessary protection’ and how it is to         of, adequate consultation;
     be continued;                                               (e) impose a charge on the public revenues or contain
•    how any reasonable expectation of the exercise of rights         provisions requiring payments to be made to the
     or freedoms is affected (if at all) and how the exercise         Exchequer or any government department or to any
     can be continued;                                                local or public authority in consideration of any licence
•    how new burdens (if any) are both proportionate and,             or consent or of any services to be rendered, or prescribe
     taking the proposals as a whole, strike a fair balance           the amount of any such charge or payment;
     between the public interest and the interests of the        (f ) purport to have retrospective effect;


                                                                                                                                   253
      Annex C                                                     Regulatory reform proposals and orders: Parliamentary consideration




      (g) give rise to doubts whether they are intra vires;             11.    The final draft order then has to be approved by
      (h) require elucidation, are not written in plain English, or     both Houses of Parliament before becoming law.
          appear to be defectively drafted; or
      (i) appear to be incompatible with any obligation resulting       How To Make Your Views Known
          from membership of the European Union.                        12.       Responding to this consultation document is your
      (j) prevent any person from continuing to exercise any            first and main opportunity to make your views known to
          right or freedom which he might reasonably expect to          the relevant department as part of the consultation process.
          continue to exercise;                                         You should send your views to the person named in the
      (k) satisfy the conditions of proportionality between             consultation document, in this case, Lorraine Cole, Civil
          burdens and benefits set out in sections 1 and 3 of the       Registration Review Consultation - see ‘Annex H How to
          Act;                                                          respond’. When the Minister lays proposals before
      (l) satisfy the test of desirability set out in section 3(2)(b)   Parliament you are welcome to put your views before either
          of the Act;                                                   or both of the Scrutiny Committees.
      (m) have been the subject of, and take appropriate account
          of, estimates of increases or reductions in costs or other    13.     In the first instance, this should be in writing. The
          benefits which may result from their implementation;          Committees will normally decide on the basis of written
          or                                                            submissions whether to take oral evidence.
      (n) include provisions to be designated in the draft order as
          subordinate provisions; and in the case of the latter         14.     Your submission should be as concise as possible,
          consideration the committee shall report its opinion          and should focus on one or more of the criteria listed in
          whether such a designation should be made, and to             paragraph 6 above.
          what parliamentary proceedings any subordinate
          provisions orders should be subject.                          15.     The Scrutiny Committees appointed to scrutinise
                                                                        Regulatory Reform Orders can be contacted at:
      7.       The Committee in the House of Lords will
      consider each proposal in terms of similar criteria, although     Delegated Powers and         Deregulation and Regulatory
      these are not laid down in Standing Orders.                       Deregulation Committee       Reform Committee
                                                                        House of Lords               House of Commons
      8.      Each Committee might take oral or written                 London SW1A 0PW              7 Millbank
      evidence to help it decide these matters, and each                                             London SW1P 3JA
      Committee could then be expected to report:
                                                                        Tel: 020 7219 3103           Tel: 020 7219 2830/2833/2837
      •   whether the Minister should proceed to lay a draft order      Fax: 020 7219 2571           Fax: 020 7219 2509
          in the same terms as the original proposal, or                E-mail: DPDC@                E-mail: Deregcom@
      •   whether amendment is necessary, or                            parliament.uk                parliament.uk
      •   whether the order-making power should not be used
          (for example, because of the significance or sensitivity of   Non-disclosure of responses
          the proposal).                                                16.      Section 7 of the Act provides what should happen
                                                                        when someone responding to the consultation exercise on a
      Copies of Committee Reports, as Parliamentary papers, can         proposed order requests that their response should not be
      be obtained through HMSO. They are also made available            disclosed.
      on the Parliament website at www.parliament.uk.
                                                                        17.       The name of the person who has made
      9.       After the 60 days for Parliamentary consideration,       representations will always be disclosed to Parliament. If you
      the Minister can lay a draft order before both Houses, this       ask for your representation not to be disclosed, the Minister
      time for the approval of Parliament.                              should not disclose the content of that representation
                                                                        without your express consent and, if the representation
      10.      Each of the Scrutiny Committees examines the             relates to a third party, their consent too. Alternatively, the
      draft order to see how far its views have been taken into         Minister may disclose the content of the representation in
      account. It might then report, within 15 sitting days,            such a way as to preserve your anonymity and that of any
      whether the draft order should be approved or not, and it         third party involved.
      would then be for the relevant House itself to take its final
      decision.                                                         18.      The Scrutiny Committees may be given access on
                                                                        request to the representations as originally submitted, as a




254
Regulatory reform proposals and orders: Parliamentary consideration   Annex C




safeguard against improper influence being brought to bear
on Ministers in their formulation of regulatory reform
orders.

Information about third parties
19. If you give information about a third party which the
Minister believes may be damaging to the interests of that
third party, the Minister does not have to pass on such
information to Parliament if he or she does not believe it is
true or is unable to obtain the consent of the third party to
disclosure. This applies whether or not you ask for your
representation not to be disclosed

Regulatory Impact Unit
Cabinet Office
May 2001




                                                                                255
      Annex D                                                          The Cabinet Office Code of Practice on consulation




      Annex D
      The Cabinet Office Code of Practice on
      consultation
      The criteria in the Code of Practice on Consultation apply
      to all United Kingdom national public consultations on the
      basis of a document in electronic or printed form. They will
      often be relevant to other sorts of consultation.

      Though they have no legal force and cannot prevail over
      statutory or other mandatory or external requirements (eg
      under European Community law) they should otherwise
      generally be regarded as binding on United Kingdom
      Departments and their agencies unless Ministers conclude
      that exceptional circumstances require a departure.

      The criteria are reproduced below:

      1. Timing of consultation should be built into the
         planning process for a policy (including legislation) or
         service from the start, so that it has the best prospect of
         improving the proposals concerned, and so that
         sufficient time is left for it at each stage.
      2. It should be clear who is being consulted, about what
         questions, in what timescale, and for what purpose.
      3. A consultation document should be as simple and
         concise as possible. It should include a summary, in two
         pages at most, of the main questions it seeks views on.
         It should make it as easy as possible for readers to
         respond, make contact or complain.
      4. Documents should be made widely available, with the
         fullest use of electronic means (though not to the
         exclusion of others), and effectively drawn to the
         attention of all interested groups and individuals.
      5. Sufficient time should be allowed for responses from all
         groups with an interest. Twelve weeks should be the
         standard minimum period for a consultation.
      6. Responses should be carefully and open-mindedly
         analysed, and the results made widely available, with an
         account of the views expressed, and reasons for
         decisions taken.
      7. Departments should monitor and evaluate
         consultations, designating a consultation co-ordinator
         who will ensure that the lessons learned are
         disseminated.

      The complete Code is available on the Cabinet Office’s
      website, at http://www.cabinet-office.gov.uk/servicefirst/
      index/consultation.htm


256
Draft partial Regulatory Impact Assessment                                                                                Annex E




Annex E
Draft partial Regulatory Impact
Assessment
1         Introduction                                           changes discussed in this section are all enacted in the
This draft partial Regulatory Impact Assessment (RIA)            Registration Service Act 1953 (RSA 1953). The main
supports and is being issued with the consultation paper on      function of the Registrar General is to regulate the service
the proposed Draft Regulatory Reform (Registration of            such that all events are recorded consistently, accurately and
Births, Deaths and Marriages) Order. It is divided into four     promptly, and to ensure that the records are secured safely.
sections:                                                        Statutory post holders are appointed to carry out specifically
                                                                 defined registration functions. These staff are paid by local
•     Organisation and Finance.                                  authorities but not employed by them. In fact they have no
•     Births and Deaths.                                         employer. The RSA 1953 establishes the statutory posts and
•     Marriage.                                                  assigns duties to each role in a prescriptive manner.
•     Records.
                                                                 2.3.2     Local authorities have to:
Interested parties are asked to comment on the impact of
the proposed measures giving quantitative information            •     prepare a ‘local registration scheme’ (this provides
wherever possible.                                                     details of how the local service is to be organised and
                                                                       provided within the local authority area);
2         Organisation and finance                                •     provide accommodation;
                                                                 •     appoint staff; and
2.1       Purpose and intended effect of measure                 •     appoint a ‘Proper Officer’ to regulate the local service.

2.2        Objective                                             The scheme has to be approved by the Financial Secretary to
2.2.1     To modernise the organisation of the local             the Treasury. The Registrar General makes regulations under
registration service in England and Wales by giving              s20 of the Registration Service Act 1953 to regulate these
responsibility for the provision of face to face registration    matters. Local authorities have no discretion as to what
services to unitary and county local authorities.                services are provided or the charges made for them.

2.2.2    To regularise the employment position of statutory      2.3.3     The RSA 1953 provides sanctions where local
post holders (Superintendent Registrars, Registrars of Births,   authorities do not provide accommodation, appoint staff or
Deaths and Marriages and Additional Registrars) by making        where officers do not hand over records to their successors.
them local authority employees. Local authorities will be        It is proposed that most of these are replaced with
able to manage the service more effectively and to integrate     proportionate measures based on self-regulation, codes of
it with other locally provided services.                         practice or applying existing compliance regimes (such as
                                                                 Best Value)
2.2.3     To establish a means of funding the local
registration service that secures accessible face-to-face        2.3.4     The existing management framework allows the
services and provides a basis for the likely shift in work as    local authority no discretion as to how services are provided.
take-up of remote registration facilities increases.             Customers have no choice as to where or how they register
                                                                 life events. Statutory post holders do not enjoy the
2.2.4    To revise the compliance and control regime to          protection of the full range of employment protection
minimise the use of legislative powers and promote self-         measures because of their statutory post holder status.
regulation, supportive inspection together with necessary
and proportionate intervention powers.                           2.4        Risk assessment
                                                                 2.4.1     There are 172 registration authorities currently
2.3       Background                                             administered as 349 registration districts. The cost of the
2.3.1   The registration service is headed by the Registrar      local registration service is estimated at £70 million per year.
General under the provisions of the Registration Acts. The       It is not known how many staff are employed partly because
                                                                 of the split responsibilities but it is probably around 7,500.

                                                                                                                                    257
      Annex E                                                                              Draft partial Regulatory Impact Assessment




      2.4.2    Throughout the course of their lives all citizens will   2.5.3 Option 2 – Provide a national Registration Service
      need to use registration services. It is hard to overestimate     managed and provided by the GRO.
      the importance of this vital service. The registration records
      provide an important resource at an individual level in terms     The existing relationship with local authorities works well.
      of confirmation of identity and entitlement to the privileges     Selecting this option would have lost that goodwill. It would
      and duties for citizens. In aggregate they serve to define and    have been expensive. It would have brought about the most
      inform understanding of national characteristics. They            profound realignment of responsibilities for little extra
      provide an invaluable historic archive that is vital to           benefit that can be achieved by the selected option.
      historians, social researchers and genealogists.
                                                                        The option would give the Registrar General total control of
      2.4.4     The main risk arises from perpetuating a system         the service but he would need to introduce a whole new
      that relies on hand-written and copied records, a split           bureaucratic organisation to manage a national service. It is
      responsibility management framework and statutory post            unlikely this could be economical or provide locally
      holders who are unaccountable and denied the protection of        accessible joined-up services. Although the existing statutory
      modern employment legislation. In addition if the service         post holders would benefit from this option as it would
      were not to modernise it would be increasingly isolated and       allow the regularisation of their employment position, it
      anachronistic in a society driven by electronic data storage      would bring the need to additionally transfer existing staff
      and processing frameworks.                                        working in registration services that are not statutory
                                                                        postholders. It would place on the Registrar General the
      2.4.5     Failure to implement the changes proposed in this       significant burden of establishing a national infrastructure of
      section would also impact on the implementation of the            local offices and of managing that.
      proposals throughout this document. These rely on the
      provision of a national database maintained by the GRO            2.5.4    Option 3 – Provide a totally devolved service run
      and populated with records captured by a locally provided         by the local registration authorities.
      face to face service and a remote registration service
      provided on a national basis to national standards.               It is not considered feasible to devolve the whole service.
                                                                        Registration is a national service for good reason. The data
      2.5         Options and benefits                                   recorded needs to be recorded consistently and to a high
      2.5.1      Objective – To modernise the organisation of the       standard. It requires an infrastructure that can only be
      local registration service in England and Wales by giving         developed and managed effectively and economically on a
      responsibility for the provision of face-to-face registration     national basis.
      services to unitary and county local authorities.
                                                                        The role of the Registrar General in monitoring and
      2.5.2     Option 1 – Do nothing.                                  developing policy to deal with issues such as paternity,
                                                                        access, marriage policy, adoptions can only be effective and
      It is not a credible option to make no legislative changes.       consistent on a national basis.
      The changes to the organisation of the service facilitate the
      achievement of the other objectives and are justified in their    2.5.5    Option 4 – Split the responsibility for providing
      own right because of the improvement in effective                 the service between local authorities for face-to-face services
      management and accountability introduced.                         and the GRO for remote services.

      Local authorities can only legally do things that they have       This option allows the local authorities to continue to
      specific powers to do. To do nothing legislatively to put in      provide a high quality service that they have shown they are
      place the duty of face to face service provision would not be     capable of. It addresses the anomalies in management
      satisfactory. Because of the pressure on their resources local    highlighted throughout this assessment. It allows the remote
      authorities may not deliver this service if it was not            services to be provided to a consistent national standard.
      compulsory for them to do so.                                     The remote services could not be provided economically or
                                                                        effectively at the local level. Registration matters are
      It would be possible to do nothing but this would frustrate       complex and need to be dealt with professionally.
      the regularisation of the employment status of registration
      officers and any progress towards e-government and other          The option allows local authorities to ‘join up’ registration
      desirable service developments described elsewhere in the         services with other customer facing services and provide
      RIA.                                                              improved access. It allows development of the role of
                                                                        registration in supporting the community and confirming
                                                                        its sense of identity.


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It facilitates the transfer of statutory post holders to ‘regular’   The present funding model is based on legal service delivery
employment status and does not disturb the role of non-              arrangements that impose geographical constraints and is
statutory workers in the registration service. The users of the      not responsive to shifts in demand. Once citizens are able to
service including those registering information and those            choose how and where to access registration services this
accessing it are beneficiaries from the improved access to           model will not deliver a reduction in public expenditure that
registering events and improved access to the information            is expected to be a feature of electronic registration.
provided. Other government departments and insurance
companies benefit from the automated access to data and              2.5.11 Option 2 -– Funding to be based on a flat rate for
the avoidance of the need to check paper certificates.               each local authority that would have to be re- evaluated
                                                                     annually.
2.5.6     Objective – To regularise the employment position of
statutory post holders (Superintendent Registrars, Registrars of     This option would require central government to annually
Births, Deaths and Marriages and Additional Registrars) by           re-evaluate funding for each local authority to take account
making them local authority employees. Local authorities will        of the expected shift in demand from face-to-face to remote
be able to manage the service more effectively and to integrate it   registration services. As funding for local authorities reduced
with other locally provided services.                                overall, it would be used to pay for those services provided
                                                                     centrally that will be cheaper per registration.
2.5.7    Option 1– Do nothing.
                                                                     2.5.12 Option 3 – Funding to be based on the numbers of
As statutory postholders registration officers do not have the       births and deaths registered in each local authority area.
same rights as other employees. They cannot use an
industrial tribunal to pursue a complaint of unfair dismissal        This option would mean that funding for the registration of
or discrimination. As their duties are prescribed by law,            births and deaths in each local authority would be based on
there is not a proper basis for supervision or making the best       the number of events registered in, say, the previous year. It
use of resources.                                                    would reward those authorities who have large numbers of
                                                                     events registered in their area and penalise those with very
For registration related performance issues they are                 few. It would not take account of the need to provide an
responsible to the Registrar General and for non-work                accessible service across England and Wales so that there was
discipline issues they are responsible to the local authority.       no social exclusion or rural discrimination.
The local authority is responsible for providing the
accommodation and management planning but does not                   2.5.13 Option 4 – Funding to be a mixture of options
have direct control over how duties are allocated. It is not a       2.5.11 and 2.5.12.
suitable framework for local authorities to include
registration in a seamless way with other customer-focussed          This option is a hybrid approach and seeks to derive the
services.                                                            benefits of the two former options. Each local authority
                                                                     would receive a flat-rate payment to ensure the delivery of
2.5.8  Option 2 – Treat statutory officers as other local            face-to-face services for births and deaths registration within
government employees.                                                its area and an additional payment per event to encourage
                                                                     competition and investment.
Regularising the position of statutory registration officers
will remove an anomaly for this group of workers. It will            2.5.14 Objective – To revise the compliance and control
enable the usual management practices and procedures to be           regime to minimise the use of legislative powers and promote
applied to staff that work in civil registration within local        self-regulation, supportive inspection together with necessary
authorities. These staff will enjoy an analogous position to         and proportionate intervention powers.
those who work within other local government functions.
They will be able to enjoy the rights and responsibilities           2.5.15 Option 1 – Do nothing.
given by employment protection legislation.
                                                                     This option would mean that central Government would
2.5.9      Objective – To establish a means of funding the local     have to continue to rely on the Registrar General’s
registration service that secures accessible face-to-face services   Inspectorate – an administrative function – and the limited
and provides a basis for the likely shift in work as take-up of      intervention powers in RSA 1953. It would demarcate civil
remote registration facilities increases.                            registration from other local authority functions and is not
                                                                     sustainable following the fundamental organisational
2.5.10 Option 1 – Do nothing.                                        changes.



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      2.5.16 Option 2 – Introduce a unique enforcement regime            2.7       Equity and fairness
      for local face-to-face registration services.                      There are no key groups that could be disproportionately
                                                                         affected by the proposals relating to organisation and
      Given the nature of civil registration services to be delivered    finance.
      by both local and central Government, it may have been
      possible to conceive of a unique enforcement regime. Given         2.8     Small firms’ impact test
      the Government’s policy to reduce the number and                   See Appendix E1.
      frequency of Inspection regimes that monitor local
      authorities, it would not be desirable to create one just for      2.9     Competition assessment
      local face-to-face civil registration services.                    See Appendix E1.

      2.5.17 Option 3 – Apply the existing enforcement regime            2.10       Enforcement and sanctions
      for other local authority functions to local face-to-face          2.10.1     To ensure that at least a minimum standard of
      registration services.                                             service delivery is available locally, current national
                                                                         standards, that have been developed by the ‘Local
      This option utilises the existing Best Value and                   Government Association’ for self-monitoring, would be
      Comprehensive Performance Assessment regimes for                   developed and underpinned by a statutory code of practice.
      monitoring performance standards and improving the                 The code of practice would include for example, the
      quality of services and can be applied to local face-to-face       standard of accommodation, availability and accessibility of
      registration services. It achieves the policy objective of         services, IT installation and services, performance indicators
      supporting local authorities to develop their services while       etc. The Registrar General would have responsibility, in
      providing necessary and proportionate intervention powers.         consultation with stakeholders, for developing and
      The transfer of the Inspectorate to the Audit Commission           maintaining the national minimum standards that would be
      where it will continue in a dedicated role reinforces the          specified in the code of practice. Additional best practice
      independence of the function.                                      standards would not be mandatory but would be taken into
                                                                         account by the Inspectorate and also may influence Best
      2.6       Costs                                                    Value review conclusions.
      The compliance costs fall largely on the Registrar General in
      establishing the National database and the infrastructure to       2.10.2 To ensure these standards are met there would
      support the national contact centre and the Internet               continue to be an Inspectorate that would be responsible for
      systems.                                                           monitoring adherence to the code of practice, sharing good
                                                                         practice, and reporting on standards. Where necessary the
      The Exchequer is expected to fund the development of the           Inspectorate would invoke further action to ensure services
      central database for the capture of new registrations and the      are improved. Section 15 of the Local Government Act
      conversion of the records of the active population. Access to      1999, that provides for the Secretary of State to intervene
      the central database will be based on web technology. The          where a local authority function is failing, would
      system would be designed to enable access from PCs with a          automatically apply when the responsibility for local
      reasonable specification but there should be no need to            registration services transfer to local authorities. More
      ensure compatibility of technical platforms. Provision of          specifically, where the Secretary of State is satisfied that an
      necessary hardware, access to a secure network service and/        authority is failing to comply with requirements he may
      or Internet for local access points would remain the               direct it:
      responsibility of each local authority. As local authorities
      have to meet e-Government targets anyway it is not                 •   To prepare or amend a performance plan.
      anticipated that they will face additional costs in establishing   •   To follow specified procedures in relation to a
      access for their staff and customers.                                  performance plan.
                                                                         •   To carry out a review of its exercise of specified
      There are no significant costs arising from the transfer of            functions.
      staff to local authority employment as they are already
      subject to those pay and conditions. There is nothing in the       2.10.3 To provide the necessary independence for the
      staff transfer proposals that in themselves precipitates           monitoring of local registration services, it is proposed that
      significant additional costs for local authorities.                the Inspectorate should no longer be a direct administrative
                                                                         arm of the Registrar General. It has therefore been agreed in
      There are implementation and transition costs arising for          principle that the newly constituted Inspectorate will be part
      the Registrar General.                                             of the functions of the Audit Commission who will work in
                                                                         partnership with the Registrar General. The transfer of the


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Inspection service to the Audit Commission would allow              3.3        Background
registration inspection to be co-ordinated with other               The registration of births and deaths in England and Wales
inspection regimes. The inspection processes would reflect          is regulated primarily by the Births and Deaths Registration
the provisions of the Best Value and performance assessment         Act 1953. This Act has its roots in Victorian legislation with
frameworks including ensuring that a risk based approach to         the result that the introduction of modern technology and
inspection is adopted.                                              the ability to meet the needs of modern society are severely
                                                                    restricted.
2.11      Consultation
                                                                    3.4        Risk assessment
Within Government                                                   3.4.1     The public and users of civil registration
There has been wide consultation across relevant                    information are constantly frustrated by the inability of the
Government Departments and Agencies about civil                     service to meet their needs as a result of tightly drawn
registration reform. In respect of our proposals about the          Victorian legislation. This is the first fundamental reform of
Organisation and Finance of the civil registration service,         civil registration in England and Wales since its creation. It
amongst those departments from whom ONS has had input               represents a unique opportunity to not only modernise the
are Office of the Deputy Prime Minister, the Home Office,           service but also to provide a framework with sufficient
the Cabinet Office and the Audit Commission.                        flexibility to adapt as necessary to future needs.

Public Consultation                                                 3.4.2     While the recording of births and deaths could
Previous consultation on aspects of those proposals was             continue in its present format for many years to come its
carried out in 1999 in Registration: Modernising a Vital            failure to meet the needs of an ever changing society would
Service. A summary of the responses to that consultation is         become more acute. Failure to reform would result in the
at Annex G.                                                         Government’s 2005 target for electronic services being
                                                                    missed with little prospect of being realised in the
2.12       Monitoring and review                                    foreseeable future. This would have a detrimental effect on
Given the scope of the draft Regulatory Reform                      both the public and stakeholders in terms of access and
(Registration of Births, Deaths and Marriages) Order, the           integration with other government services. The
proposed legislative changes will be phased in over a number        opportunity to create a modern, efficient civil registration
of years. Only when all the proposed changes have been              system would be lost.
implemented will it be possible to measure the effectiveness
of the legislation, although it may be possible in the interim,     3.5      Options and benefits
to assess the impact of the changes in a particular area eg         3.5.1   Objective – To provide a more responsive service with
births, marriages, etc.                                             more choice in ways to register a birth, still-birth or death
                                                                    making full use of modern technology.
Measures might include take-up rates for internet
registration, timeliness of registration, availability of central   3.5.2    Option 1 – Do nothing.
database, etc.
                                                                    This option would mean no change to the current method
3         Birth, still-birth and death registration                 of recording life events. It would perpetuate a paper-based
                                                                    system of birth and death registration with inherent
3.1       Purpose and intended effect of                            inefficiencies. Access to the service would be by personal
          measure                                                   attendance only and restricted to office opening hours that
                                                                    are often part-time. The potential for service improvement
3.2        Objective                                                through electronic recording and transfer of information
3.2.1     To provide a more responsive service with more            would be lost due to the severe restrictions on the
choice in ways to register a birth, still-birth or death making     application of modern technology inherent in current
full use of modern technology.                                      legislation.

3.2.2    To remove the geographical constraints within the          3.5.3    Option 2 – Extend the choice in ways to register
present arrangements to registering an event.                       by, in addition to face-to-face registration, providing a
                                                                    national contact centre and an on-line service making full
3.2.3    To recognise the changing shape of society by eg           use of modern web technology.
allowing a partner to register a death and extending the
options for unmarried fathers’ details to be recorded in birth      This option would achieve the efficiencies and effectiveness
entries.                                                            associated with an electronic system of civil registration


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      whilst extending the choice of ways to register. The               3.5.9    Option 1 – Do nothing.
      introduction of a central database would remove the need
      for local, paper records to be the focal point for recording       It is widely acknowledged that the system for the registration
      vital life events. Remote registration would be possible.          of births and deaths is out of step with the needs of society.
      Citizens would be able to give information in person, on the       The changes in recent decades of family formation and the
      telephone to a national contact centre or via the internet.        increasing complexity of personal and family relationships
      The availability of remote registration would mean that help       are difficult to ignore. Legislation based on nineteenth
      and guidance could be available twenty-four hours a day,           century morality is inappropriate in the modern era.
      seven days a week.
                                                                         3.5.10 Option 2 – Extend the list of those persons who are
      3.5.4     Option 3 – In addition to on-line and telephone          legally able to give information for the registration of a
      registration, allow postal registration.                           death to include the deceased’s partner.

      Citizens could be given an additional choice of ways to            This option demonstrates the responsiveness of the legal
      register by providing registration by post. It could be done       framework to the list of people who are qualified to give
      either as an alternative, or in addition to electronic and         information for the registration of a death. Currently, the
      telephone registration. On the surface the option of a postal      partner of a deceased person is only able to register a death if
      system would be relatively easy to implement though it             he or she was present at the death or is making the funeral
      would perpetuate a paper based system. Maintenance of the          arrangements. He or she is not qualified by virtue of any
      accuracy and integrity of the records of births and deaths         personal relationship to the deceased even if that
      must form a cornerstone of any reform. Transferring data           relationship has subsisted for many years.
      from paper to computer carries an additional element of risk
      in this respect. Moreover, there is a danger that instances of     3.5.11 Option 3 – Remove fully the distinction between
      postal registrations being rejected would be high unless the       the registration of births of children whose parents are
      standard of acceptable information is lowered.                     married to each other and those who are not.

      3.5.5    Objective – To remove the geographical constraints        There is a rebuttable presumption in law that a child born
      within the present arrangements for registering an event.          to a married woman is a child of the marriage. In practice
                                                                         this means that either the mother or the father of a child
      3.5.6     Option 1 – Do nothing.                                   whose parents are married can register its birth. For
                                                                         unmarried parents the situation is different; the mother is
      This option defeats one of the main aims of civil registration     regarded as the primary informant and the father can only
      reform that is to improve service delivery. The nature of          register the birth if he does so jointly with the mother. To
      today’s society – increasingly mobile and more demanding           fully remove this distinction and allow unmarried fathers to
      of public services generally – dictates that old-fashioned         register births without any corroboration of their paternity
      geographic boundaries should not inhibit service delivery.         of a child would overturn the presumption of legitimacy.
                                                                         This is unacceptable.
      3.5.7    Option 2 – Remove the present geographical
      constraints and allow information to be given in person to         3.5.12 Option 4 – Within certain parameters better
      any registration officer.                                          facilitate the recording of father’s names in birth entries of
                                                                         children whose parents are not married.
      This option demands the removal of geographic boundaries
      that, in turn, underpins the development of a centralised          Notwithstanding the presumption explained in paragraph
      electronic system for the registration of births and deaths. It    3.5.11, it is possible with a centralised system of registration
      would mean that the legal provisions that necessitate the          to allow unmarried fathers to give sole information about a
      need for personal attendance for the purpose of registering a      birth first. Their paternity could be later confirmed by the
      birth or death would continue though it would be satisfied         mother thus enabling a registration that contains details of
      more easily by attendance at any registration office in            both parents.
      England or Wales. Citizens would benefit from a greater
      choice of face-to-face services that would enable them to          3.6       Costs
      choose the service that best suited their circumstances.           3.6.1    There would be start-up costs in respect of the
                                                                         development of the necessary software for the registration of
      3.5.8     Objective – To recognise the changing shape of society   births and deaths. There would also be on-going software
      by allowing a partner to register a death and extending the        maintenance and updating costs for future years.
      options for unmarried fathers’ details to be recorded in birth     Implementation costs will be incurred in staff training and
      entries.

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production of guidance material. Extensive publicity would         authority is failing to comply with requirements he may
be required on implementation and there would be a one-            direct it:
off cost in adapting/updating current information and
advice material. Offsetting savings would be made through          •   To prepare or amend a performance plan.
efficiencies related to the electronic recording and transfer of   •   To follow specified procedures in relation to a
vital event information. It is difficult to quantify the costs         performance plan.
and savings of the proposal and we want, through                   •   To carry out a review of its exercise of specified
consultation, to obtain further information on these aspects.          functions.

3.6.2     There would be no associated compliance costs on         3.10.3 To provide the necessary independence for the
business, charities or voluntary organisations. The                monitoring of local registration services, it is proposed that
registration of births and deaths is a function of central and     the Inspectorate should no longer be a direct administrative
local government and will continue as such. The affects on         arm of the Registrar General. It has therefore been agreed in
business of the introduction of an underpinning central            principle that the newly constituted Inspectorate will be part
database in support of an electronic registration system are       of the functions of the Audit Commission who will work in
considered in Appendix 1.                                          partnership with the Registrar General. The transfer of the
                                                                   Inspection service to the Audit Commission would allow
3.7        Equity and fairness                                     registration inspection to be co-ordinated with other
There are no key groups that could be disproportionately           inspection regimes. The inspection processes would reflect
affected by the proposals relating to the registration of          the provisions of the Best Value and performance assessment
births, still-births and deaths.                                   frameworks including ensuring that a risk based approach to
                                                                   inspection is adopted.
3.8     Small firms’ impact test
See Appendix E1.                                                   3.11      Consultation

3.9     Competition assessment                                     Within Government
See Appendix E1.                                                   There has been wide consultation across relevant
                                                                   Government Departments and Agencies about civil
3.10      Enforcement and sanctions                                registration reform. In respect of our proposals about the
3.10.1 To ensure that at least a minimum standard of service       registration of births and deaths, amongst those departments
delivery is available locally, current national standards, that    from whom ONS has had input are Office of the Deputy
have been developed by the ‘Local Government Association’          Prime Minister, the Home Office, the Department of
for self-monitoring, would be developed and underpinned            Health, the Department of Work and Pensions, the Office
by a statutory code of practice. The code of practice would        of the E-Envoy and the Cabinet Office.
include for example, the standard of accommodation,
availability and accessibility of services, IT installation and    Public Consultation
services, performance indicators etc. The Registrar General        Previous consultation on aspects of those proposals was
would have responsibility, in consultation with stakeholders,      carried out in 1999 in Registration: Modernising a Vital
for developing and maintaining the national minimum                Service. A summary of the responses to that consultation is
standards that would be specified in the code of practice.         at Annex G.
Additional best practice standards would not be mandatory
but would be taken into account by the Inspectorate and            3.12       Monitoring and review
also may influence Best Value review conclusions.                  Given the scope of the draft Regulatory Reform
                                                                   (Registration of Births, Deaths and Marriages) Order, the
3.10.2 To ensure these standards are met there would               proposed legislative changes will be phased in over a number
continue to be an Inspectorate that would be responsible for       of years. Only when all the proposed changes have been
monitoring adherence to the code of practice, sharing good         implemented will it be possible to measure the effectiveness
practice, and reporting on standards. Where necessary the          of the legislation, although it may be possible in the interim,
Inspectorate would invoke further action to ensure services        to assess the impact of the changes in a particular area eg
are improved. Section 15 of the Local Government Act               births, marriages, etc.
1999, that provides for the Secretary of State to intervene
where a local authority function is failing, would                 Measures might include take-up rates for internet
automatically apply when the responsibility for local              registration, timeliness of registration, availability of central
registration services transfer to local authorities. More          database, etc.
specifically, where the Secretary of State is satisfied that an


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      4         Marriages                                                following the giving of the notice. He is also required to
                                                                         enter the details from the notice into a marriage notice book
      4.1.      Purpose and intended effect of                           that has to be available for public inspection at all reasonable
                measure                                                  times.

      4.2        Objective                                               4.3.5    Once the fifteen days has passed, and provided that
      4.2.1     To modernise the arrangements for the completion         no impediment to the marriage has been shown to exist, the
      of the civil preliminaries to marriage in England and Wales        superintendent registrar will issue his authority for the
      (excluding those according to the rites and ceremonies of the      marriage to proceed. The person who gave notice must
      Church of England and the Church in Wales).                        apply for the authority and collect it from the
                                                                         superintendent registrar.
      4.2.2    To remove the current restrictions and anomalies
      on where people can marry and introduce a celebrant-based          4.3.6    Objective – To remove the current restrictions and
      system for marriage including the Church of England.               anomalies on where people can marry and introduce a
                                                                         celebrant-based system for marriage including the Church of
      4.2.3    To remove the anomalies in the form of marriage           England.
      ceremony between civil and religious marriages (including
      those according to the rites and ceremonies of the Church of       4.3.7     Couples can have either a civil or a religious
      England and the Church in Wales).                                  marriage ceremony, between the hours of 8am and 6pm. A
                                                                         civil marriage can take place in any register office or
      4.2.4    To modernise the arrangements for the registration        approved premise in England or Wales, regardless of the
      of marriages (including those according to the rites and           couples’ district(s) of residence. A religious marriage can
      ceremonies of the Church of England and the Church in              take place in either a church or chapel of the Church of
      Wales).                                                            England or Church in Wales, or in a building that has been
                                                                         certified as a place of religious worship and then registered
      4.2.5    To modernise the arrangements for marriage and            for the solemnisation of marriages.
      the preliminaries to marriage in the Church of England.
                                                                         4.3.8     If a couple wish to marry in a church or chapel of
      4.2.6   To modernise the arrangements relating to marriage         the Church of England or the Church in Wales, one of them
      under various miscellaneous provisions.                            must live in the parish in which the church or chapel is
                                                                         situated, or be on the electoral roll of that church. If the
      4.3       Background                                               couple wish to marry in a registered building, one of them
      4.3.1    Objective –To modernise the arrangements for the          must live in the registration district in which the building is
      completion of the civil preliminaries to marriage in England       situated. Alternatively, the building must be the usual place
      and Wales (excluding those according to the rites and ceremonies   of worship of one of them or belong to a denomination that
      of the Church of England and the Church in Wales).                 is not represented in the couple’s district(s) of residence.

      4.3.2     Under the provisions of the Marriage Act 1949, all       4.3.9    Those wishing to marry according to the usages of
      marriages, apart from those according to the rites and             the Jews and the Society of Friends are, due to mainly
      ceremonies of the Church of England and the Church in              historical reasons, exempt from the provisions in paragraphs
      Wales, must be preceded by civil preliminaries. In order to        4.3.7–4.3.8. Marriages according to the rites and ceremonies
      complete civil preliminaries, the couple must each give            of the Jews or the Society of Friends can take place
      notice, in person, to the superintendent registrar of the          anywhere, at any time and regardless of the couple’s district
      registration district in which they have had their usual           of residence.
      residence for the preceding seven days.
                                                                         4.3.10 A registrar and a superintendent registrar must be
      4.3.3     The giving of notice involves the completion of a        present at all civil marriages. Marriages in registered
      form by the superintendent registrar with personal details         buildings must take place in the presence of a registrar or an
      relating to the bride and groom. The person giving the             authorised person. Marriages according to the usages of the
      notice must sign the form confirming that to the best of           Jews or the Society of Friends must take place in the
      their knowledge and belief, the information shown is correct       presence of a secretary for marriages or a registering officer
      and there is no impediment to the proposed marriage.               respectively. Marriages according to the rites and ceremonies
                                                                         of the Church of England or the Church in Wales must take
      4.3.4    The superintendent registrar is required to display       place in the presence of a member of the clergy.
      the notice in his office for fifteen days immediately


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4.3.11 Objective – To remove the anomalies in the form of           4.3.18 All those required to register marriages must
marriage ceremony between civil and religious marriages             deposit a filled marriage register with the local
(including those according to the rites and ceremonies of the       superintendent registrar. Where duplicate marriage registers
Church of England and the Church in Wales).                         are used, the second register is kept by the church.

4.3.12 Currently, there is a distinction between civil and          4.3.19 In order to create a central archive of all marriages
religious marriages and there is no proposal to alter this. The     that have taken place, those who hold marriage registers are
Marriage Act 1949 requires that during a civil ceremony,            required, at the end of every quarter, to send copies of every
which must be completely secular in nature, the couple              entry they have made to their local superintendent registrar
must say prescribed words of declaration and contract to            who, in turn, is required to send them to the Registrar
each other.                                                         General.

4.3.13 A marriage in a registered building can be                   4.3.20 Objective – To modernise the arrangements for
according to any rites and ceremonies of a religious body           marriage and the preliminaries to marriage in the Church of
that the couple and Minister who is to perform the marriage         England.
ceremony agree to use. In addition, in some part of the
ceremony, the couple must say to each other the prescribed          4.3.21 A marriage according to the rites and ceremonies of
words of declaration and contract mentioned above. These            the Church of England can take place after the publication
words cannot be separated from the ceremony and must                of banns, following the issue of a common licence or of an
form an integral part of it.                                        Archbishop of Canterbury’s Special Licence or following the
                                                                    completion of civil preliminaries. The vast majority -
4.3.14 Those marrying according to the rites and                    approximately 90 per cent - of marriages according to the
ceremonies of the Jews, the Society of Friends, the Church          rites and ceremonies of the Church of England take place
of England and the Church in Wales are not subject to this          following the publication of banns.
requirement to use prescribed words of declaration and
contract, mainly due to historical reasons.                         4.3.22 There are very prescriptive requirements about
                                                                    where the banns of marriage must be published. These
4.3.15 Objective – To modernise the arrangements for the            appear in Part II of the Marriage Act 1949. If the couple live
registration of marriages (including those according to the rites   outside the parish of the church in which they wish to
and ceremonies of the Church of England and the Church in           marry, banns must be called in more than one place, further
Wales).                                                             complicating the process.

4.3.16 The Marriage Act 1949 requires that all marriages            4.3.23 In certain circumstances, it may not be appropriate
are registered using a paper-based system. All civil marriages,     for banns of marriage to be called, in which case the couple
whether they take place in a register office or approved            can apply for a common licence. In order to do so, one of
premises, are recorded in a register held by a registrar of the     the couple must have a fifteen day residence in the parish
district in which the marriage takes place.                         where the marriage is to take place. There is no residence
                                                                    requirement for the other person.
4.3.17 Religious marriages, including those according to
the rites and ceremonies of the Jews, the Society of Friends,       4.3.24 There are similarly complex arrangements about
the Church of England and the Church in Wales, are                  where marriages according to the rites and ceremonies of the
registered in duplicate marriage registers usually by one of        Church of England can take place. These arrangements are
the following:                                                      set out in the Marriage Act 1949.

•   authorised person (someone appointed by the trustees            4.3.25 Objective – To modernise the arrangements relating
    of a registered building to register marriages that take        to marriage under various miscellaneous provisions.
    place there);
•   secretary for marriages;                                        4.3.26 There are a number of miscellaneous provisions
•   registering officer of the Society of Friends; and              that require a superintendent registrar to take a notice or
•   member of the clergy who solemnises the marriage.               solemnise a marriage in circumstances that fall outside those
                                                                    described above. For example, a superintendent registrar can
The only exception is where a registered building does not          take a notice of marriage for and solemnise a marriage at the
have an authorised person. In this instance, a registrar would      residence of someone who is housebound, detained or
attend the ceremony and register the marriage in his or her         dying. They can also take notices for marriages abroad
marriage register.                                                  where the couple have to satisfy foreign authorities that


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      there is no impediment to the proposed marriage. The aim            4.4.8    Objective – To remove the anomalies in the form of
      would be to modernise these provisions.                             marriage ceremony between civil and religious marriages
                                                                          (including those according to the rites and ceremonies of the
      4.4       Risk assessment                                           Church of England and the Church in Wales).
      4.4.1    Objective – To modernise the arrangements for the
      completion of the civil preliminaries to marriage in England        4.4.9     As with the place of marriage, it is difficult to
      and Wales (excluding those according to the rites and ceremonies    justify the difference in treatment between religious
      of the Church of England and the Church in Wales).                  denominations and this could raise questions of
                                                                          compatibility with the European Convention on Human
      4.4.2     The requirements for the preliminaries to marriage        Rights.
      are set out in the Marriage Act 1949. Due to the prescriptive
      and detailed nature of this statutory framework, the                4.4.10 Objective – To modernise the arrangements for the
      provisions are inflexible, do not provide for the use of            registration of marriages (including those according to the rites
      modern technology and increasingly are not able to respond          and ceremonies of the Church of England and the Church in
      to the demands of today’s society. In many cases, it is not         Wales).
      convenient for the couple to give notice in the area where
      they live. Society is much more mobile than when these              4.4.11 There is no proposal to change the requirement for
      provisions were first enacted, and people often no longer live      all marriages to be registered. The objective aims to improve
      and work in the same area.                                          and modernise the means by which they are registered.

      4.4.3    Publicising the marriage in the register office by         4.4.12 The current paper-based system, set out in the
      posting the notice on the wall is outdated and often not the        1949 Act, relies heavily on the manual completion of
      means by which someone discovers that a marriage has been           registers, which are stored in church buildings, and the
      planned. Entering the notice in the marriage notice book is         manual completion of quarterly copy forms. Superintendent
      a duplication of effort, no longer relevant in today’s society.     registrars are required to chase any entries that they know to
                                                                          be missing and there is every reason to suppose that they
      4.4.4     It is not always convenient for the couple to return      successfully obtain a copy of the registration of all marriages
      to where they gave notice in order to collect the                   that have taken place and been registered. However, the
      superintendent registrar’s authority for the marriage. The          system is inefficient, resource intensive and does not make
      legislation states that it is only the superintendent registrar     use of modern technology. Changing the system would
      who took the notice who is able to issue the authority.             remove the burden on those required to register marriages
                                                                          and provide a more modern, robust system for the
      4.4.5    Objective – To remove the current restrictions and         registration of marriages.
      anomalies on where people can marry and introduce a
      celebrant-based system for marriage including the Church of         4.4.13 Objective – To modernise the arrangements for
      England.                                                            marriage and the preliminaries to marriage in the Church of
                                                                          England.
      4.4.6     The requirements for when and where marriages
      can take place are set out in the Marriage Act 1949. The            4.4.14 The requirements for marriage according to the
      statutory framework, which is based largely on that put in          rites and ceremonies of the Church of England are set out in
      place in 1837, no longer meets the needs of today’s society         Part II of the Marriage Act 1949. The current restrictions on
      and means that it is difficult for local authorities to offer the   where banns of marriage may be published cause problems
      services that are desired and expected by couples wishing to        because many couples going to a parish church for marriage
      marry.                                                              often do not live in that parish, do not worship there and
                                                                          may have no intention of living there or being part of that
      4.4.7     It is also difficult to defend why, for a civil           community. Alternatively, many couples consider their
      marriage, couples can choose to marry anywhere, when                current place of residence as no more than temporary and
      there is no such freedom for those choosing to have a               feel a greater connection or affinity with some other parish,
      religious marriage, unless it is according to the usages of the     perhaps where they were brought up or where their parents
      Jews and the Society of Friends. Similarly, it is difficult to      now live. Increasingly, the level of mobility within society
      justify the difference in treatment between religious               makes parochial boundaries seem irrelevant.
      denominations and this could raise the question of
      compatibility with the European Convention on Human                 4.4.15 In recent years, the Church has seen changes in
      Rights.                                                             legislation that have allowed civil marriages to take place in
                                                                          a wider variety of buildings, together with a dramatic


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growth in the number of such marriages. The Government             4.5.5   Option – Allow couples to give notice anywhere in
has announced its intention to bring about further                 England or Wales.
legislative change to modernise the system of civil
registration in England and Wales. In relation to marriage,        4.5.6     Couples would be able to complete their
this means a relaxation of the restrictions on where               preliminaries anywhere in England or Wales, regardless of
marriages can take place and greater use of modern                 their district(s) of residence or where the marriage was to
technology in the preliminaries to marriage.                       take place. Amending the current provisions would allow
                                                                   for greater use of modern technology. Introduction of a
4.4.16 These changes will inevitably have an impact on             central database of notices would mean that it would not
society’s expectations of marriage ceremonies. Failure by the      matter that a couple had given notice outside their district(s)
Church of England to respond to these changes could see a          of residence or at different times as both notices could be
further decline in the number of marriages according to            linked. Couples could choose to access registration services
those rites and ceremonies.                                        at a point that was most convenient to them and the
                                                                   marriage could be publicised more widely eg via the
4.4.17 Objective – To modernise the arrangements relating          internet.
to marriage under various miscellaneous provisions.
                                                                   4.5.7    Administrative procedures would need to be in
4.4.18 Failure to modernise the miscellaneous provisions           place to deal with the unlikely event that the database was
outlined above would put certain groups of people at a             unavailable. There would need to be safeguards in place to
disadvantage compared to others who would be able to take          ensure that people could not circumvent the usual
advantage of the new arrangements. For example, it would           procedures and checks in such a situation.
mean that those wishing to marry overseas would still need
to give notice in the area where they live rather than in the      4.5.8     This option would meet the policy objective and
area which is most convenient to them. It would also mean          provide a modern, flexible and responsive system for the
maintaining some of the present arrangements for a                 civil preliminaries to marriage. Couples would be able to
minority eg maintenance of registers for those marriages           choose where they completed their preliminaries to
where the couple need to marry at home.                            marriage, and the use of the central database and the wider
                                                                   publicity should provide added protection against bigamous
4.5.      Options and benefits                                      and fraudulent marriages.
4.5.1    Objective – To modernise the arrangements for the
completion of the civil preliminaries to marriage in England       4.5.9    Option – Allow couples to give notice by post/via
and Wales (excluding those according to the rites and ceremonies   the internet.
of the Church of England and the Church in Wales).
                                                                   4.5.10 The bride and groom would be able to complete a
4.5.2    Option – Do nothing.                                      notice form and send it, via the post or by e-mail, to the
                                                                   registration authority either where the marriage was going to
4.5.3      The current system for the preliminaries to             take place or where they had their usual residence. This
marriage that applies to England and Wales is based                could be entered onto a central database and publicised
primarily on that put in place in 1837. It is familiar to those    more widely eg via the internet.
who work in the registration service and to the wider public.
It operates successfully for the majority of marriages and         4.5.11 Couples would be able to access registration
provides a certain level of protection to ensure that              services at a time that suited them. The main difference
marriages take place within the law. However, the system has       between this and option 2 would be that couples would not
little relevance in today’s society and is difficult to defend     need to attend in person before a registration authority in
against those who consider it to be outdated or inflexible.        order to give their notice of marriage.

4.5.4    The legislation as it stands would allow for limited      4.5.12 This requirement was introduced for both the bride
use of modern technology but restricts any attempt to              and groom on 1 January 2001, via the Immigration and
respond to increasing demands from the couple for a                Asylum Act 1999, as part of a package of measures aimed at
modern service that meets their needs and expectations. It         reducing the opportunities for fraud in relation to marriage.
also limits the use that can be made of modern technology          The Government has announced in the White Paper Civil
to tackle fraud in relation to marriage eg by publicising          Registration: Vital Change published in January 2002 that it
marriages more widely. This option fails to achieve the            has no intention of removing this requirement so soon after
policy objective of modernising the arrangements for the           it has been introduced.
completion of the preliminaries to marriage in England and
Wales.

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      4.5.13 This system is akin to that already in place in             remains a question mark about whether this option would
      Scotland and would meet the policy objective outlined              fully meet the needs of those wishing to marry. The system
      above. However, in doing so, it would conflict with the            of marriage would still be somewhat inflexible, and there
      Government’s policy, restated in the White Paper Civil             would still be considerable restrictions about where
      Registration: Vital Change that couples should give notice in      marriages could take place.
      person.
                                                                         4.5.21 Option – Celebrant-based system of marriage.
      4.5.14 Objective – To remove the current restrictions and
      anomalies on where people can marry and introduce a                4.5.22 A third option is to regulate the people who can
      celebrant-based system for marriage including the Church of        perform marriage ceremonies rather than the places where
      England.                                                           marriages can take place. In this way, the venue for the
                                                                         marriage would become a matter of negotiation between the
      4.5.15 Option – Do nothing                                         couple and the celebrant. It would apply equally to all
                                                                         marriages, both civil and religious, and would introduce
      4.5.16 The current restrictions on where marriages can             considerable flexibility and choice into the system of
      take place are based primarily on those put in place in 1837.      marriage. Similar systems operate in New Zealand, Scotland
      The system is familiar to those who administer it. It              and Canada.
      provides a degree of consistency and certainty about where
      marriages can and should take place, and serves to protect         4.5.23 Such a system would be much more responsive to
      the solemnity and dignity of the occasion.                         the needs and circumstances of the couple, without
                                                                         removing any of the protections that currently ensure that
      4.5.17 In recent years there has been some relaxation but          marriages take place in accordance with the law. The
      this has related to civil marriage only. The system is difficult   importance and the solemnity of the occasion would be
      to defend in today’s society, even more so since there is a        maintained, due to the involvement of a duly appointed
      difference in the requirements for those choosing to have a        celebrant. At the same time, the system would be flexible
      civil ceremony and for those choosing to have a religious          and able to adapt to changing needs and expectations of
      ceremony. Increasingly, couples expect equality of treatment,      society. It would fully meet the policy objective, whilst
      and demand a system of marriage that can adapt to and              maintaining the necessary protections and safeguards to
      meet their needs and expectations. The present system does         ensure that marriages take place in accordance with the law.
      not allow for this. This option would fail to meet the policy
      objective of removing the current restrictions and anomalies       4.5.24 Objective – To remove the anomalies in the form of
      surrounding the choice of marriage venue.                          marriage ceremony between civil and religious marriages
                                                                         (including those according to the rites and ceremonies of the
      4.5.18 Option – Extend the current arrangements for the            Church of England and the Church in Wales).
      licensing and approving of venues.
                                                                         4.5.25 Option – Do nothing.
      4.5.19 One option would be to extend the current
      arrangements and provide for a wider choice of venues to be        4.5.26 The present arrangements are familiar to those who
      approved or licensed eg private homes, or parks. This would        administer them. Registrars when attending a civil or
      increase the burden on local authorities who most likely,          religious marriage ceremony know the words of declaration
      would be responsible for these arrangements – it is unlikely       and contract that the bride and groom are required to say to
      that the centralisation of such activity would be acceptable.      each other. Similarly, authorised persons, whether acting at
      It would also mean that venues for marriages according to          their own church or another church within the same
      the usages of the Jews and the Quakers would for the first         registration district know what the bride and groom are
      time need to be regulated. It is feared that this option might     required to say to each other. The Jews, Quakers, the
      also lead to inequalities and inconsistencies of treatment,        Church of England and the Church in Wales benefit from
      particularly in respect of private homes.                          an exception to this requirement, due mainly to historical
                                                                         reasons.
      4.5.20 This option would go some way to meeting the
      policy objective. It would provide a more flexible and             4.5.27 This option would fail to meet the policy objective
      responsive system than that currently in place, and would          of removing the current anomalies surrounding the form of
      provide couples with greater choice about where marriages          marriage ceremony. It is also not realistic given the risk of
      could take place. It would go some way to removing some of         challenge under the European Convention on Human
      the anomalies that exist between civil and religious               Rights.
      marriages, and would continue to provide a degree of
      consistency about where marriages could take place. There

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4.5.28 Option – Introduce prescribed words of declaration       added benefit is that it would allow religious denominations
and contract for everyone.                                      to choose and adopt a form of words that best suited the
                                                                needs of their faith and their congregations. However, it is
4.5.29 Those marrying according to the rites and                felt that there needs to be a clear and distinctive act that
ceremonies of the Jews, Quakers, the Church of England          creates a contract of marriage. Otherwise, there could be
and the Church in Wales are currently not required to use       doubts about when a couple is married to each other, or
the words of declaration and contract that are prescribed in    indeed whether or not they have contracted a valid marriage.
the Marriage Act 1949.
                                                                4.5.37 Objective – To modernise the arrangements for the
4.5.30 This option would meet the policy objective. It          registration of marriages (including those according to the rites
would provide consistency for registrars and others who are     and ceremonies of the Church of England and the Church in
required to satisfy themselves that the requirements of the     Wales).
law have been met. It would also remove the current
anomalies between civil and some religious marriages, and       4.5.38 Option – Do nothing.
between some religious denominations. However,
consultation with the religious organisations mentioned in      4.5.39 The present system is familiar to those who
4.5.29 has indicated that there would be considerable           administer it, and the infrastructure is in place to ensure it
opposition to any proposal from the Government that they        operates successfully and that all marriages are registered. It
should use such words like all other religious                  is also familiar to the general public who expect to sign a
denominations.                                                  marriage register immediately following their marriage
                                                                ceremony.
4.5.31 Option – Adopt the Scottish model.
                                                                4.5.40 The current paper-based system relies heavily on
4.5.32 The Marriage (Scotland) Act 1977 does not have           the manual completion of registers which are stored in
prescribed words of declaration and contract. Instead, the      church buildings, and on the manual completion of
Act requires the couple to each make a declaration that they    quarterly copy forms. It is resource intensive. For example,
accept each other as husband and wife, and for the celebrant    following a marriage ceremony, the details relating to the
to make a declaration that the couple are then husband and      couple have to be hand-written at least four times in order
wife. The exact form of words used is left for the celebrant    to comply with the requirements of the Marriage Act 1949.
and the couple to agree.
                                                                4.5.41 This option would fail to meet the policy objective
4.5.33 It is likely that many denominations would               of removing the current anomalies surrounding the
continue to use the currently prescribed words of declaration   registration of marriages. Given the Government’s
and contract, as these would meet the criteria outlined         commitment to greater use of electronic communication,
above. Equally, the forms of marriage ceremony currently        and given the modern technology that is available to
used by the Jews, Quakers, the Church of England and the        improve and increase efficiency, the status quo is not a
Church in Wales would also meet these criteria. Therefore       realistic option.
the impact of this option, whilst introducing the same legal
requirement for everyone wishing to marry in this country,      4.5.42 Option – Allow celebrants to hold marriage
means that there can still be diversity and choice within       registers.
denominations, and within civil marriages.
                                                                4.5.43 This option would be a variation of the current
4.5.34 This option would fully meet the policy objective.       system. Couples would continue to sign a marriage register
It would remove the anomalies that currently exist, but the     immediately following their marriage ceremony. The system
added benefit is that it would allow religious denominations    would be familiar to many and there would merely need to
to choose and adopt a form of words that best suited the        be an extension of the current arrangements and
needs of their faith and their congregations within set         infrastructure rather than a complete shift to another means
criteria. Each denomination could adopt a different form of     of collecting the information relating to the registration of
words, providing the prescribed criteria were met.              marriages.

4.5.35 Option – Do not have prescribed words of                 4.5.44 Currently, registers are allocated to a building or
declaration and contract.                                       registration district. In this option, registers would be
                                                                allocated to an individual who had been appointed to
4.5.36 This option would fully meet the policy objective.       perform marriage ceremonies. Given that there are likely to
It would remove the anomalies that currently exist, but the     be considerably more people appointed to perform marriage


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      ceremonies than there are venues where marriages can take          the rites and ceremonies of the Church of England would
      place, this option would merely exacerbate the problems and        give notice to the civil authorities, as for all other marriages.
      inefficiencies of the present system. It would therefore fail to   The venue for a marriage would become a matter of
      meet the policy objective of removing the current anomalies        negotiation between the couple and the member of the
      surrounding the registration of marriages.                         clergy who is to perform the marriage ceremony, without
                                                                         the need for the couple to be resident in the parish.
      4.5.45 Option – Adopt schedule system for the
      registration of marriages.                                         4.5.54 This option would fully meet the policy objective.
                                                                         It would introduce much more flexibility and choice into
      4.5.46 This system has already proved successful in                the system of marriage according to the rites of the Church
      Scotland where it has been in place since 1977. The                of England, and would place the Church on a par with all
      authority for the marriage issued by the registration              other religious denominations. However, the Church has
      authority would also serve as the registration document            democratically decided that it wishes to retain, in part, its
      immediately following the marriage ceremony. The couple,           traditional roles in relation to marriage. It is not prepared to
      the witnesses and the celebrant would all sign the schedule        move to a system of universal civil preliminaries or to
      instead of the register. The schedule would then be returned       arrangements where marriages can take place almost
      to the registration authority so that the marriage could be        anywhere.
      registered onto a central database.
                                                                         4.5.55 Option – Adapt Government’s proposals for
      4.5.47 Use of the central database avoids the need for             marriage to the needs of the Church of England.
      quarterly copies to be completed. The information would be
      held more securely and collected more speedily. There is less      4.5.56 The Church of England does not have to fully
      risk that the database of marriages is not complete or up-to-      adopt the proposals relating to marriage put forward by the
      date. This option would fully meet the policy objective of         Government in the White Paper ‘Civil Registration: Vital
      modernising the arrangements for the registration of               Change’. However, it could go some way to improving and
      marriages. It would make best use of modern technology,            modernising its current systems whilst still maintaining its
      streamline procedures, increase efficiency and overall             community based outlook by adopting a joint church/state
      improve the means by which marriages are registered.               preliminary for marriage. The couple would be required to
                                                                         give notice to a member of the clergy, who would then
      4.5.48 Objective – To modernise the arrangements for               forward the notice forms to the local registration authority.
      marriage and the preliminaries to marriage in the Church of        The forms would be dealt with in the same way as for all
      England.                                                           other marriages, and it would be the registration authority
                                                                         who would issue confirmation that there was no legal
      4.5.49 Option – Do nothing.                                        impediment to the proposed marriage.

      4.5.50 The general public and the clergy are familiar with         4.5.57 Such a system would maintain the contact between
      and accept the current procedures. It has deep-seated history      the couple and the clergy and provide an opportunity for
      and traditions and serves to uphold the special status of the      marriage preparation etc. Also, as all notices would be
      Church of England in relation to marriage and the State.           entered onto the central database, the schedule system could
                                                                         be used for the registration of such marriages, introducing
      4.5.51 The Church of England has recognised the impact,            modern technology into what is currently a paper-based
      in recent years, of the changes to civil legislation on the        system.
      number of church marriages. The Church also recognises
      that an opportunity may be lost if they do not keep step           4.5.58 The Church could also extend the choice of venues
      with the Government’s intention to modernise the system of         for marriage, without fully adopting the celebrant-based
      marriage in England and Wales. This option would not               model for marriage. This can do this in two ways. One is to
      meet the policy objective.                                         extend the provision to marry in a Church of England
                                                                         building to those who have a demonstrable connection with
      4.5.52 Option – Adopt fully the Government’s proposals             that building. The second is to extend the number of
      for marriage.                                                      buildings licensed for marriage to include chapels such as a
                                                                         school or college chapel.
      4.5.53 This option would mean a significant shift for the
      Church, from its current parochial based system for                4.5.59 This option would go some way towards meeting
      marriage. Banns would no longer be a legal preliminary to          the policy objective. It would serve to uphold the special
      marriage. Instead, all those wishing to marry according to         position of the Church of England in relation to the State


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and in relation to other religious denominations. It would        annual review will continue as there will still be a nationally
maintain some of the history and traditions that currently        set, statutory fee for the giving of notice, whatever system is
exist, whilst at the same time would move the church              adopted.
towards modernisation and greater use of technology.
                                                                  4.6.2     There would be initial set-up costs in moving to a
4.5.60 Objective – To modernise the arrangements relating         celebrant-based system for marriage. These would include
to marriage under various miscellaneous provisions.               the creation of a database of duly appointed celebrants,
                                                                  training for registration officers and General Register Office
4.5.61 Option – Do nothing.                                       staff and the issue of guidance to civil and religious
                                                                  celebrants, but it is difficult to quantify what these might be
4.5.62 The provisions are familiar to those who administer        at this stage. The fees paid by the public to the Local
the service and cover a wide range of circumstances. They         Authority would continue to cover on-going costs incurred
aim to assist members of the public in facilitating a             by the Local Authority in administering the system of
marriage, in what can be difficult situations.                    marriage, eg the costs incurred in the appointment of civil
                                                                  celebrants. These costs might be included in the fee for
4.5.63 Failure to modernise the miscellaneous provisions          giving notice or in the fee for the marriage ceremony but
outlined above would put certain groups of people at a            each fee is reviewed on an annual basis and will continue to
disadvantage compared to others who would be able to take         be in the future.
advantage of the new arrangements. For example, those
wishing to marry overseas would still need to give notice in      4.6.3     There would be some negligible set-up costs
the area where they live rather than in the area which is         involved in achieving this policy objective, which would
most convenient to them. It would also mean maintaining           relate mainly to the issuing of guidance for civil and
some of the present arrangements for a minority eg                religious celebrants. There would be no on-going costs.
maintenance of registers for those marriages where the
couple need to marry at home. This option would not meet          4.6.4     There would be initial set-up costs in moving to a
the policy objective.                                             schedule system for the registration of marriages. These
                                                                  would include training for registration officers, celebrants
4.5.64 Option – Modernise arrangements in line with               and General Register Office staff, the issue of guidance to
other proposed changes.                                           celebrants and the closure and recall of current marriage
                                                                  registers. It is difficult to quantify the costs and savings of
4.5.65 This is realistically the only option, given that the      the proposal and we want, through consultation, to obtain
system of marriage should be easily understood by those           further information on these aspects.
who need to access it. Having different arrangements for
these specific circumstances would only serve to confuse the      4.6.5    There would be initial set-up costs in modernising
general public, and would make the system more difficult to       the arrangements for marriage and the preliminaries to
administer.                                                       marriage in the Church of England. These would include
                                                                  training for registration officers, members of the clergy,
4.5.66 This option would meet the policy objective, and           General Register Office staff, the issue of guidance to
would ensure that everyone could take advantage of an             members of the clergy and the closure and recall of current
improved and modernised system of marriage and the                marriage registers. It is difficult to quantify the costs and
preliminaries to marriage.                                        savings of the proposal and we want, through consultation
                                                                  with the Church of England, to obtain further information
4.6        Costs                                                  on these aspects.
4.6.1     There would be initial set-up costs in modernising
the arrangements for the preliminaries to marriage. These         4.6.6     There would be initial set-up costs in modernising
would include the cost of the central database, training for      the arrangements for these miscellaneous provisions. These
registration officers and General Register Office staff, the      would include training for registration officers, celebrants
issue of guidance to civil and religious celebrants, but it is    and General Register Office staff and the issue of guidance
difficult to quantify what these might be at this stage. The      to celebrants, but it is difficult to quantify what these might
fees paid by the public to the Local Authority for the giving     be at this stage. The fees paid by the public to the Local
of notice would continue to cover on-going costs, whatever        Authority for the giving of notice would continue to cover
option is chosen. The current cost of giving notice of            on-going costs of providing these miscellaneous provisions.
marriage is based on the average cost to local authorities of
providing the registration service. The fee is currently set at   4.7      Equity and fairness
£30 and is reviewed on an annual basis. This process of           There are no key groups that could be disproportionately


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      affected by the proposals relating to the preliminaries to and    inspection regimes. The inspection processes would reflect
      registration of marriages.                                        the provisions of the Best Value and performance assessment
                                                                        frameworks including ensuring that a risk based approach to
      4.8     Small firms’ impact test                                   inspection is adopted.
      See Appendix E1.
                                                                        4.10.4 Religious bodies would be expected to self-regulate,
      4.9     Competition Assessment                                    although there may be instances where the Registrar General
      See Appendix E1.                                                  has to intervene or to bring matters to the attention of the
                                                                        religious body for action.
      4.10      Enforcement and sanctions
      4.10.1 To ensure that at least a minimum standard of              4.11      Consultation
      service delivery is available locally, current national
      standards, that have been developed by the ‘Local                 Within Government
      Government Association’ for self-monitoring, would be             There has been wide consultation across relevant
      developed and underpinned by a statutory code of practice.        Government Departments and Agencies about civil
      The code of practice would include for example, the               registration reform. In respect of our proposals about
      standard of accommodation, availability and accessibility of      marriage, amongst those departments from whom ONS has
      services, IT installation and services, performance indicators    had input are Office of the Deputy Prime Minister, the
      etc. The Registrar General would have responsibility, in          Home Office, the Lord Chancellor’s Department, the
      consultation with stakeholders, for developing and                Foreign and Commonwealth Office and the Charity
      maintaining the national minimum standards that would be          Commission.
      specified in the code of practice. Additional best practice
      standards would not be mandatory but would be taken into          Public Consultation
      account by the Inspectorate and also may influence Best           Previous consultation on aspects of those proposals was
      Value review conclusions.                                         carried out in 1999 in Registration: Modernising a Vital
                                                                        Service. A summary of the responses to that consultation is
      4.10.2 To ensure these standards are met there would              at Annex G.
      continue to be an Inspectorate that would be responsible for
      monitoring adherence to the code of practice, sharing good        4.12       Monitoring and review
      practice, and reporting on standards. Where necessary the         Given the scope of the draft Regulatory Reform
      Inspectorate would invoke further action to ensure services       (Registration of Births, Deaths and Marriages) Order, the
      are improved. Section 15 of the Local Government Act              proposed legislative changes will be phased in over a number
      1999, that provides for the Secretary of State to intervene       of years. Only when all the proposed changes have been
      where a local authority function is failing, would                implemented will it be possible to measure the effectiveness
      automatically apply when the responsibility for local             of the legislation, although it may be possible in the interim,
      registration services transfer to local authorities. More         to assess the impact of the changes in a particular area eg
      specifically, where the Secretary of State is satisfied that an   births, marriages, etc.
      authority is failing to comply with requirements he may
      direct it:                                                        Measures might include take-up rates for internet
                                                                        registration, timeliness of registration, availability of central
      •   To prepare or amend a performance plan.                       database, etc.
      •   To follow specified procedures in relation to a
          performance plan.                                             5.        Records
      •   To carry out a review of its exercise of specified
          functions.                                                    5.1       Purpose and intended effect of
                                                                                  measure
      4.10.3 To provide the necessary independence for the
      monitoring of local registration services, it is proposed that    5.2        Objective
      the Inspectorate should no longer be a direct administrative      5.2.1     To modernise the system for capturing and holding
      arm of the Registrar General. It has therefore been agreed in     civil registration information.
      principle that the newly constituted Inspectorate will be part
      of the functions of the Audit Commission who will work in         5.2.2   To modernise the system for accessing and
      partnership with the Registrar General. The transfer of the       updating civil registration information.
      Inspection service to the Audit Commission would allow
      registration inspection to be co-ordinated with other             5.2.3    To put in place arrangements for archiving existing
                                                                        paper registration records held locally.

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5.3        Background                                              would be the creation of a central database to hold
5.3.1     Fundamental to the reform is the proposal to move        registration information for England and Wales that would
from a paper-based system to an electronic one. The                be accessible centrally and locally via the Internet. New
proposals would affect the Registrar General, who has              registrations would be captured directly onto a central
ultimate responsibility for registration in England and            database. Existing records for people born in the last 100
Wales, and registration authorities who would be responsible       years would also be electronically captured and included on
for records held locally. The reforms to the access framework      the database. Where possible, records relating to the same
would also impact on all users of registration information         person would be linked to create a ‘through life’ record.
(which include Central and Local Government, private
sector organisations, genealogists and the not-for-profit          5.3.8     An electronic system has the potential to make
sector, researchers and the public) as well as some businesses     finding, identifying, matching and accessing records about
who supply goods and services to the Registration Service.         individuals easier, quicker and more straightforward. In
                                                                   turn, it could impact on the privacy of individuals and their
5.3.2     The Registration Acts (Births and Deaths                 families and make the potential for fraud greater. It is
Registration Act 1953, Marriage Act 1949 and Registration          therefore necessary to ensure there is an appropriate access
Service Act 1953) are specific about the way registration          framework in place for that system.
records should be held and the means by which registration
information can be accessed. The Acts apply to records held        5.3.9     The original paper records (the registers held
centrally by the Registrar General and locally by the local        locally) are important historic records and form part of the
registration service. The existing legislative framework is        national heritage. The register entries are the legal record of
based on principles first developed in the 1830s and does          an event. Once registration records have been electronically
not take into account the changes to society or the                captured it will be important to ensure the long-term
developments in modern technology.                                 preservation of these paper records.

5.3.3     The law currently allows anyone to purchase a            5.4       Risk assessment
certificate of any birth, death or marriage that has taken         5.4.1    The current access system potentially impacts on
place in England and Wales as long as the entry has been           the privacy of individuals and their families. Without proper
identified in an index. The law also covers the birth, death       safeguards, the move to an electronic system would
and marriage records of British citizens that have to be           exacerbate this as it would make finding and matching
registered overseas by British registering authorities, events     information from different sources and different records
relating to HM Forces and those that have taken place on           easier and quicker. Almost everyone in England and Wales
British registered planes, ships and installations. Unless         comes into contact with the registration system at some
provided for in other law, registration information cannot be      point in their lives. In 2001 there were approximately
disclosed in any other way.                                        595,000 births, 270,000 marriages and 530,000 deaths in
                                                                   England and Wales.
5.3.4     The Registration Acts also prescribe how and when
registration records can be corrected or when events can be        5.4.2     There are risks for individuals, society, Government
re-registered. There are general provisions for the archiving      and the public purse associated with leaving in place an out-
of records.                                                        dated system for civil registration. The current legislation
                                                                   does not properly reflect the changes to society, the
5.3.6     This system allows for public scrutiny of the            formation of families and the advances in technology that
records but does not protect the privacy of individuals or         have evolved over the last century. There is a risk that the
their families. It treats all records the same and does not take   legislation may not meet the needs of people and
into account the age of the record or the use that is being        organisations it was intended to serve and could lead to a
made of the information. It can and has led to the                 loss of trust in the system.
fraudulent use of registration records. The fraudulent use of
certificates affects other Government Departments and              5.4.3     The Government has set stretching targets for
Agencies such as UK Passport Services (UKPS), the Driver           modernising public services and delivering joined-up
and Vehicle Licensing Agency (DVLA) and the Department             Government services to citizens. It has also introduced e-
of Work and Pensions (DWP) as well as other public and             government initiatives to drive forward the availability of
private sector organisations and individual members of             services electronically. Registration information is at the
society.                                                           centre of many Government services (passports, driving
                                                                   licences, benefits). Failure to modernise civil registration
5.3.7     It is proposed to move to an electronic system for       would mean that some of these targets may not be met, not
civil registration in England and Wales. Central to this           only for GRO but also for other Government Departments


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      Annex E                                                                               Draft partial Regulatory Impact Assessment




      and Agencies who use registration information as part of           potential to reduce fraud by taking out an important source
      their processes.                                                   of information from the public domain. The proposal is in
                                                                         line with the principles of the Data Protection Act 1998 and
      5.4.4     Identity and benefit fraud is a major problem for        would go some way to meeting the modernising and e-
      individuals, society, Government and the public purse. It          government targets. Government Departments and Agencies
      can be traumatic and emotionally distressing for those             and other bodies such as financial services companies would
      people whose records are used and for their families. It can       continue to have access to the information they require.
      have long ranging effects on credit-worthiness. Benefit fraud      However, this option does not recognise the public interest
      alone is estimated to cost approximately £2 billion per year.      in registration information. It also goes against the drive
      The current system for accessing registration records can          towards openness and could be difficult to understand from
      and has resulted in information being used for fraudulent          the public’s point of view.
      purposes.
                                                                         5.5.7    Option – Open system.
      5.4.5     Removing all registration information from the
      public domain would be unacceptable. Registration                  5.5.8     Like the option above, it would allow anyone to
      information is used widely for all types of research,              access registration records, but in an electronic environment.
      including medical and demographic research. Developing a           With the move to an electronic system, access to individual
      closed system for civil registration could result in valuable      records would be possible more quickly through search
      information being taken out of the public domain.                  engines. This option would protect the public interest in
                                                                         registration information but would not guarantee the right
      5.5       Options and benefits                                      of individuals to privacy.
      5.5.1    This Regulatory Impact Assessment concentrates
      on looking at the impact of changes to the framework for           5.5.9     It has the benefit of familiarity for users and
      accessing registration records. This is a fundamental issue        transparency. It treats everyone the same with regard to
      and will have wide-ranging implications. All the other policy      access. It would allow public scrutiny of the records and
      reforms relating to records fall out of this issue. Five options   recognises the public interest in registration records. It
      have been identified for the development of an access              follows the underlying principles of the Freedom of
      framework.                                                         Information Act 2000. It will continue to give all users of
                                                                         registration records access to the information they require.
      5.5.2     Option – Do nothing.                                     The move to an electronic platform will help to meet
                                                                         modernisation and e-government targets. However, this
      5.5.3     There are few advantages from maintaining the            option does not address the issues of privacy, and would be
      current paper-based system for accessing modern                    difficult to justify in a fully computerised system where
      registration records, other than the benefit for users of          finding and accessing information is much easier. It also
      having a familiar system. There are, on the other hand,            leaves the information open to fraudulent use by removing
      substantial disadvantages. These include perpetuating a            any safeguards.
      system that does not reflect the needs of modern society or
      of the users of the information, that is slow to react and does    5.5.10 Option – Hybrid system.
      not make use of modern technology. Maintaining the status
      quo would mean failure to meet Government targets for              5.5.11 This option would allow open access to most of the
      modernising services and for the introduction of electronic        information on modern records, namely those that identify
      services. Also, this option does not fully address issues of       the event. It would restrict access to information that is
      fraud.                                                             personal, could cause harm, embarrassment or distress to
                                                                         those named in the registration or related to them. The
      5.5.4     Option – Restricted system.                              restricted information would be addresses, occupations and
                                                                         cause of death. This framework would continue to give
      5.5.5    This option assumes that registration records are         access to the full record to those who needed it.
      held electronically. It would mean that access to registration
      records would be limited to the individual, their next of kin,     5.5.12 The benefits of this option are that it allows open
      those given permission or those with prescribed access. It         access to most of the information recorded in registration
      would help to reduce fraud and protect the privacy of              records, namely those that identify the event. This option
      individuals and their families.                                    balances openness and the public interest in registration
                                                                         information with the rights of individuals to privacy. It
      5.5.6   It has the benefit of protecting the privacy of those      allows users of the information to access most of the record
      named in the records and their families. It also has the           without going through special procedures, whilst restricting


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Draft partial Regulatory Impact Assessment                                                                                Annex E




access to sensitive data to those who have a right and a           5.6.5    Despite this additional cost, businesses are likely to
recognised need to it. It follows the principles of both the       make financial and other savings under the proposed model.
Data Protection and Freedom of Information Acts. The               They would be able to streamline their processes by not
restricted information could be used as a check for fraud          having to handle paper documents and by moving to an
prevention by organisations that use registration                  electronic system. This would result in efficiency savings and
information as part of their processes.                            lower unit costs per transaction that would go towards
                                                                   offsetting any additional costs. In many cases they would
5.5.13 Option – Opting out system.                                 also make savings from not having to return original
                                                                   documents to customers. There would also be potential
5.5.14 This option would restrict the availability of some         savings and other benefits from reductions in fraud.
of the information in registration records. It would allow
individuals to opt out of making information about                 5.6.6    Professional genealogists (including probate
addresses, occupations and cause of death confidential.            researchers) already bear the costs of purchasing certificates
                                                                   and pass these costs on to customers. The proposed system
5.5.15 However, the system would be complex to                     would therefore have minimal financial impact on their
administer and difficult to understand for users and would         business, and, depending on the charge for accessing records
therefore be unrealistic. It would be difficult if not             on the central database, may actually result in savings. They
impossible to obtain consent from everyone named in the            could also benefit from making improvements to their
records, particularly for existing records. Once someone had       process and from quicker and easier access to records.
opted out of the restriction and the information was in the
public domain, it would be almost impossible to restrict that      5.6.7     There would continue to be statutory arrangements
information if the person later changed his or her mind. The       for some Government Departments and Agencies to receive
complexity could lead to discrepancies and problems that           registration records directly. For these organisations, it is
could, in the long run, undermine confidence in civil              unlikely that the proposals would not result in any new
registration.                                                      costs. They would, however, be able to take advantage of
                                                                   some of the other benefits, such as those related to efficiency
5.6      Costs                                                     savings.
5.6.1    The main compliance costs for businesses are
described below.                                                   5.6.8   Modifying business processes to reflect the new
                                                                   system and access arrangements.
5.6.2    Accessing records/restricted information on the
central database.                                                  5.6.9     It has been described above that the proposals
                                                                   would allow business to streamline and simplify their
5.6.3     The cost of supplying registration information           business processes. In the short term, there would be costs to
currently falls mainly on the public who supply certificates       business from making such modifications. For example,
when obtaining public and private sector services and              there may be costs associated with providing Internet
benefits. Under the proposed system, the costs would               connections or from modifying existing software to reflect
transfer to businesses, as they would be charged for accessing     the new processes. It would be difficult to quantify what
records on the central database rather than the public.            those costs would be as they would depend on the
Although on the face of it, there would appear to be a             circumstance of the individual business. Most of the larger
transfer of costs from the public to business, it is in fact       users of registration information already have well-developed
possible that businesses would pass on that cost to their          technological systems so the impact may be small. However,
customers rather than absorb it. This would not so                 these costs could be seen as an investment and would be
obviously be the case for public sector businesses where           beneficial in terms of improvements to service and
charges for a service are based on the actual cost of              responsiveness.
delivering it. The charge has not yet been decided. It is not
expected to be more than the current cost of a certificate         5.6.10 Cost of obtaining consent to access records.
(£7) and probably substantially less.
                                                                   5.6.11 Under the proposed system businesses would have
5.6.4    The impact of this proposal would depend on the           to obtain consent to access records (including the restricted
size and nature of the business. For large users of registration   information) on the central database. In theory, this could
information such as banks and insurance companies or even          result in additional costs to them. In practice, consent could
public sector bodies, such as UKPS and DVLA, the costs             be obtained via application forms or even directly at the
could be quite significant.                                        time of registration so that the overall impact on businesses
                                                                   would be small.


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      Annex E                                                                               Draft partial Regulatory Impact Assessment




      5.6.12 The benefits of having a system whereby                     5.7.3     Professional genealogists would argue that they
      individuals give consent for business and organisations to         would be disproportionately affected by changes to the
      access their records include the potential to reduce fraud. It     access framework, particularly if these involved restrictions
      would also ensure compliance with the provisions of the            to the information. They would argue that registration
      Data Protection Act 1998. Combating fraud is in the wider          information is key to their business and cannot be obtained
      public interest.                                                   elsewhere. The restricted system would have the most
                                                                         significant impact on genealogists as it would make
      5.6.13 Cost of applying to become Authorised Users.                searching and identifying records most difficult. The narrow
                                                                         list of those who would be able to give consent to access the
      5.6.14 Large users of registration records would be able to        records would also affect them. The other options however,
      apply to become Authorised Users. Authorised Users would           to make all registration information available or to allow
      benefit from having the technological tools to access the          genealogists to find relatives who can give them access to
      central database. The system would not remove the need to          other records would be more attractive to them. All the
      obtain consent to access records. The costs of applying to         options would allow registration information to be available
      become Authorised users would be minimal. The costs of             for legal purposes, for example to prove cases of intestacy.
      accessing records on the database would still apply.
                                                                         5.8     Small firms’ impact test
      5.6.15 Other costs.                                                See Appendix E1.

      5.6.16 Making registration records available electronically        5.9     Competition assessment
      over the Internet would give users more choice about how           See Appendix E1.
      and when they access registration records. For some groups
      such as genealogists, this could result in a reduction in travel   5.10      Enforcement and sanctions
      (currently they need to travel to places where they can access     5.10.1 To ensure that at least a minimum standard of
      indexes to the records). For users based abroad it would           service delivery is available locally, current national
      reduce postage and other costs and improve responsiveness          standards, that have been developed by the ‘Local
      and availability.                                                  Government Association’ for self-monitoring, would be
                                                                         developed and underpinned by a statutory code of practice.
      5.6.17 Compliance cost for a typical business.                     The code of practice would include for example, the
                                                                         standard of accommodation, availability and accessibility of
      5.6.18 It is difficult to identify what a typical business         services, IT installation and services, performance indicators
      would be in relation to civil registration. Many of the large      etc. The Registrar General would have responsibility, in
      users of registration information are Government                   consultation with stakeholders, for developing and
      Departments or Agencies or institutional users such as banks       maintaining the national minimum standards that would be
      and insurance companies. Other business and organisations          specified in the code of practice. Additional best practice
      may only use registration information infrequently, such as        standards would not be mandatory but would be taken into
      to verify the birth records of applicants during a recruitment     account by the Inspectorate and also may influence Best
      drive. Professional genealogists are likely to be affected in      Value review conclusions.
      the greatest numbers.
                                                                         5.10.2 To ensure these standards are met there would
      5.7       Equity and fairness                                      continue to be an Inspectorate that would be responsible for
      5.7.1    The move to an electronic system is unlikely to           monitoring adherence to the code of practice, sharing good
      affect any groups disproportionately as most businesses and        practice, and reporting on standards. Where necessary the
      organisations (including small businesses) already have            Inspectorate would invoke further action to ensure services
      electronic systems and Internet connections.                       are improved. Section 15 of the Local Government Act
                                                                         1999, that provides for the Secretary of State to intervene
      5.7.2     In our initial view, individual businesses would not     where a local authority function is failing, would
      be disproportionately affected by the proposals as any             automatically apply when the responsibility for local
      contracts between them and GRO are not critical to their           registration services transfer to local authorities. More
      overall business. The effect on Government Departments             specifically, where the Secretary of State is satisfied that an
      and Agencies and businesses as such as those in the financial      authority is failing to comply with requirements he may
      and insurance sectors of the proposals would be offset by the      direct it:
      benefits that they would be able to derive from
      improvements to their processes and to the services they           •   To prepare or amend a performance plan.
      deliver.


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Draft partial Regulatory Impact Assessment                          Annex E




•   To follow specified procedures in relation to a
    performance plan.
•   To carry out a review of its exercise of specified
    functions.

5.10.3 To provide the necessary independence for the
monitoring of local registration services, it is proposed that
the Inspectorate should no longer be a direct administrative
arm of the Registrar General. It has therefore been agreed in
principle that the newly constituted Inspectorate will be part
of the functions of the Audit Commission who will work in
partnership with the Registrar General. The transfer of the
Inspection Service to the Audit Commission would allow
registration inspection to be co-ordinated with other
inspection regimes. The inspection processes would reflect
the provisions of the Best Value and performance assessment
frameworks including ensuring that a risk based approach to
inspection is adopted.

5.11      Consultation

Within Government
There has been wide consultation across relevant
Government Departments and Agencies about civil
registration reform. In respect of our proposals about issues
relating to registration records, amongst those departments
from whom ONS has had input are Office of the Deputy
Prime Minister, the Cabinet Office, the Office of the E-
Envoy, the National Archives, UKPS and DVLA.

Public Consultation
Previous consultation on aspects of those proposals was
carried out in 1999 in Registration: Modernising a Vital
Service. A summary of the responses to that consultation is
at Annex G.

5.12       Monitoring and review
Given the scope of the draft Regulatory Reform
(Registration of Births, Deaths and Marriages) Order, the
proposed legislative changes will be phased in over a number
of years. Only when all the proposed changes have been
implemented will it be possible to measure the effectiveness
of the legislation, although it may be possible in the interim,
to assess the impact of the changes in a particular area eg
births, marriages, etc.

Measures might include take-up rates for internet
registration, timeliness of registration, availability of central
database, etc.




                                                                              277
      Annex E                                                                                                Competition Assessment




      Appendix E1

      Competition Assessment




      Our preliminary research suggests that the affected markets      Paper forms
      can be roughly grouped according to which of the changes         There are a limited number of large companies supplying
      affect them:                                                     paper of this type, and so market dominance is potentially a
                                                                       concern. However, the size of the contract affected is very
      1. Local Authorities will be expected to ensure civil            small relative to the size of the market and so the market
         ceremonies such as baby naming and marriage                   structure will not be affected. Since the contract is awarded
         reaffirmation are available.                                  through open competition for a limited period, in the long
      2. Paper records will no longer be kept, as all data is stored   run no firm will be affected more than the others. Since the
         electronically.                                               effect of the change is to end the demand for this type of
      3. Marriages will be possible in a larger number of              form, the changes would not have a differential effect on
         locations, as it will no longer be the premises that are      existing printing companies compared with potential
         approved, instead it will be the celebrant that is            entrants and would not impose restrictions on firms choices.
         approved.                                                     Whilst there has been change in printing methods there is
                                                                       unlikely to be rapid technological change in the future.
      Some records (addresses, occupations and cause of death)
      will no longer be publicly available for people under 100        Certificate paper
      years of age.                                                    The proposed changes will mean that eventually proof of
                                                                       birth etc. will be done by accessing a website rather than
      1.        Local Authorities charging                             providing a certificate, and so the need for these certificates
      Currently local authorities may not charge for discretionary     will eventually cease. The paper used to certify births, deaths
      services such as baby naming or marriage reaffirmation.          and marriage is rare, with many advanced security features,
      Consequently some have an arrangement with a private             perhaps best compared with bank notes.
      company to legally recover the costs of providing these
      services, and some other non-governmental organisations          In the UK there is only one company that supplies paper of
      also operate in this field. The White Paper states that the      this type and therefore market dominance may be an issue.
      Government expects the local authorities to ensure the           However, it is likely that the market is larger than the UK
      availability of such services. However, the fundamental          and that other firms compete with the UK firm for
      change is due to the Local Government Bill 2003, which           contracts. The UK firm has contracts with other bodies for
      will permit local authorities to charge for discretionary        similar products and it is hard to say how significant the
      services, and as recognised there, local authorities will have   contract affected by this regulation is to the firm. It is
      to be aware of the impact that they have on competition.         known that several other bodies that have contracts with the
                                                                       company are also looking at moving to electronic
      2.        Computerisation                                        documentation and that the company is looking to diversify
      This change will affect a large number of markets.               into products linked to electronic documentation, such as
                                                                       smart cards. We do not, therefore, believe that the loss of
      •    There will be less demand for registers and other paper     this contract will seriously affect competition in the market
           forms by the local registration services.                   for certificate paper.
      •    Eventually there will be less demand for certificate
           paper by the local registration services.                   Register boxes
      •    Register boxes will no longer be needed to store current    The Registrar General is obliged to supply ‘a strong fire
           registers.                                                  resistant box’ and approximately five years ago the type of
      •    The proposed changes will require different computer        box was changed, and is now basically a fire-proof safe. It is
           equipment from that currently used.                         not considered that any firm exerts a degree of market power
      •    List cleaning for the deceased will be done                 in the market for fire proof safes. The change in the type of
           automatically by the GRO, rather than as present by         registry box provided lead to a relatively large order to
           private companies                                           replace all the existing boxes, now that this has been carried


278
Competition Assessment                                                                                                    Annex E




out the annual order of new boxes is likely to be relatively       the consumer will face lower costs and so will benefit from
small. The proposed regulation changes would be likely to          the changes. However, the lack of competition in the long
have no significant effects on the market structure as the size    run may have an impact on productivity and innovation.
of future orders is likely to be very small relative to the size
of the market and no firm will be affected more than the           3.        Approved premises
others.                                                            The change from approving a location to approving a
                                                                   celebrant will affect approved locations. Currently approved
Computer equipment                                                 premises will lose their advantage over non-approved
Software providers will be affected both through the need          premises and so the market will become more competitive
for new equipment to control the electronic storage and            in most areas. The markets for wedding locations tends to
access of records and through the removal of the need to           operate in a local rather than national geographical area.
transfer filmed images of registration entries onto printed        What generally matters for competition is the availability of
certificates.                                                      local alternatives.

The current equipment to transfer filmed images of                 Whilst most areas have a large number of approved
registration entries onto printed certificates is supplied and     premises, it is possible that there are some locations with
maintained by one company. However, the size of the                only a few approved premises. Overall, the change is likely
contract is very small relative to the size of the company, so     to affect competition in only a few small areas, and even in
the impact on the company, and the market in which it              these areas the effect will be to increase competition.
operates is likely to be minimal.
                                                                   4.        Data withdrawal
The new software needed for the electronic records will be         We have been able to identify three markets that may be
decided by competitive tender. There will be no restrictions       affected by the proposed changes:
on firms’ choices, or differentiation between existing and
potential firms. However, there are only a few companies           •    Family history researchers.
that provide these types of service in the UK, and we would        •    Probate researchers.
like more information on the likely size of this contract          •    Marketing companies using information that is no
compared to the market as a whole.                                      longer available.

List cleaning for the deceased                                     Family history researchers
Local Authorities may have a contract with one of a small          This is a large and diffuse market, with the vast majority of
number of companies who, via informed consent by the               firms being sole traders and so market share is unlikely to be
recently bereaved, ensure the removal of the deceased from         an issue. The proposed changes may make it harder for firms
mailing and other contact databases. Under the proposed            to identify people, as there will be less information available
changes this could be done directly by the General Register        from the registrars, although some of this will be available in
Office as a non-profit making monopoly.                            other ways. However, the changes are likely to affect all
                                                                   firms equally and are unlikely to affect market structure.
The size of this market is uncertain, as is the number of          Thus we have been unable to identify any areas where
firms in this market, and therefore we would like consultees       competition may be adversely affected, although it is
to inform us of any potential concerns that they may have.         possible that prices will increase given the increase in time
All existing and potential firms (with the exception of the        needed to carry out the research.
GRO) will be affected equally by the proposed changes, and
the regulation could change the market structure. However,         Probate researchers
it is not clear how many firms that carry out list cleaning are    This market has three or four large players and so market
involved in other markets.                                         share is likely to be an issue. The proposed changes may
                                                                   make it harder for firms to identify people, as there will be
The benefits to the consumer of the change include lower           less information available from the registrars, although some
cost and greater availability of the service, as it will           of this will be available in other ways. It is possible that the
automatically be available in all areas, whereas now it            higher costs of obtaining certain types of information will
depends on the local authority having a contract with a            make it harder for small companies to operate in this market
private company. As much of the work will be done                  and so will alter the market structure as well as affect firms
automatically by software, once the register is updated, the       differently. It is possible that there will be some restriction
procedure will be at a lower cost than at present. Along with      on the ability of firms to choose the quality of their products
economies of scale and the likelihood of the list cleaning         if some information is not available elsewhere. Technology
being done by a not-for-profit-monopolist this suggests that       employed in the market, particularly IT and the internet,


                                                                                                                                      279
      Annex E                                                           Competition Assessment




      has changed markedly over the past ten years and this is
      likely to continue in the future.

      The fundamental questions about the effect on competition
      are will market structure change and are large firms affected
      more than small firms. The key point is how much will the
      proposed changes raise the cost of undertaking probate
      research and how much will this disadvantage small firms?
      To determine this will require further investigation and we
      would welcome information from consultees on whether
      they will be placed at a disadvantage relative to their
      competitors.

      Marketing
      It is possible the way that some companies market their
      products will be affected by the proposed changes. The two
      most obvious ways are companies that use register
      information for direct mailing and companies that place
      promotional material in register offices.

      The use of register information for direct mailing to
      promote, for example, childcare products, is not an issue
      because of the way that the registry currently makes the
      information available solely in the form of individual
      certificates. Therefore there is no significant impact on
      direct mailing from the proposed withdrawal of
      information.

      The proposed change to permit registration online or by
      phone will make the promotion of products by placing
      promotional literature in register offices less effective.
      However, this is currently not a significant part of any firm’s
      promotional work and there exist other more common ways
      of placing literature, for example through the NHS.
      Therefore there is no significant impact on competition
      from the proposed withdrawal of information.

      Conclusion
      The markets where the proposed changes will have a
      significant impact on competition are probate research,
      marriage premisess and list cleaning. The changes to the
      marriage premises market will increase competition through
      reducing the market power of some premises. List cleaning
      is likely to be seriously affected, as a monopoly will be
      effectively imposed, however this monopoly be able to
      provide benefits to consumers outweighing the loss to
      existing firms. Probate research is affected due to the
      relatively concentrated market and the higher cost of
      obtaining certain types of information under the proposed
      changes, and may require further investigation.




280
Glossary                                                                                                                                       Annex F




Annex F
Glossary
 (The) 1906 Act                               Marriage with Foreigners Act 1906
 (The) 1949 Act                               Marriage Act 1949
 (The ) 1986 Regulations or the 1986 Regs     Registration of Marriages Regulations 1986 [SI:1986/1442]
 (The ) 1987 Regulations or the 1987 Regs     Registration of Births and Death Regulations 1987[SI:1987/2088]
 (The ) 1988 Act                              Local Government Finance Act 1988
 (The) 1995 Regulations or the 1995 Regs      The Marriage (Approved Premises) Regulations 1995 SI 1995/510
 ACR                                          Adopted Children’s Register
 Active Record (Population)                   Records relating to people aged less than 100 years
 Approved Premises                            A building which has been approved for the purposes of civil marriage by the Local Authority of the
                                              area in which the building is situated
 Archbishop of Canterbury’s Special Licence   Ecclesiastical preliminary to marriage in the Church of England and Church in Wales
 Authorised Person                            A person authorised by the Registrar General to register marriages
 Authorised User                              In reference to access – eg Government departments and agencies that use registration data,
                                              institutional users such as financial institutions and insurance companies and organisations and
                                              professionals that require access for legal reasons
 Bachelor                                     Term used in civil registration (in England and Wales) to describe a man who has never been
                                              married
 Banns                                        Ecclesiastical preliminary to marriage in the Church of England and the Church in Wales
 BDRA 1953                                    Births Deaths Registration Act 1953
 Best Value                                   Government Initiative to improve standard of services within public authorities
 British Registering Authorities              British Consuls and High Commissions, HM forces overseas
 Caveat                                       Objection raised by a person who believes there is a legal reason why a marriage should not take
                                              place

 Celebrant                                    Person licensed to perform wedding ceremonies.
 Civil Funeral                                A non-religious funeral ceremony
 Civil Marriage                               Marriage (usually) in a register office or approved premise, with no religious content
 Civil Preliminaries                          The process where individuals have to attend a Register Office in person to give notice of their
                                              intention to marry
 Civil Registration                           The timely registration with government of birth, death and marriage events that takes place within
                                              its boundaries
 Common Licence                               Ecclesiastical preliminary to marriage in the Church of England and the Church in Wales
 Communal Establishment                       Description of a place of death for deaths occurring in prisons, psychiatric hospital or words
                                              conveying a similar meaning
 Composition of Arrangements                  One of the reasons a member of the public would be precluded from being appointed a registration
                                              officer – where a declared bankrupt had defaulted with agreed payments to their creditors or not
                                              obtained a certificate of discharge
 DWP                                          Department for Work and Pensions
 Detained – Marriage                          Detained person given permission to marry at place of detention (eg prison)
 DVLA                                         Driver and Vehicle Licensing Agency
 Electronic Signature                         See Authentication Framework
 Ecclesiastical Preliminaries                 Applies to marriage in the Church of England and the Church in Wales only. Legal procedures that
                                              must be completed before a marriage can take place. Does not involve the superintendent registrar
 Faculty Office                               Administers the issue of Archbishop of Canterbury’s Special Licences
 GAF                                          Government Authentication Framework – Means of providing identity for electronic
                                              communication
 General Synod                                An elected body of the Church of England which discusses important questions and takes major
                                              decisions on behalf of all its members
 GRO                                          General Register Office
 Historic Records                             Records relating to persons aged 100 years or over



                                                                                                                                                         281
      Annex F                                                                                                                                   Glossary




       Housebound – Marriage                  Person too ill or disabled to attend marriage venue – allowed to marry at home
       Inspectorate                           Administrative section of the GRO which aims to improve the efficiency and effectiveness of the
                                              local registration service. Involves inspecting the work of registration officers and liaison with local
                                              authorities
       IT                                     Information Technology
       Joint Church/State Preliminaries       Proposed preliminary to marriage in the Church of England
       Kiosk                                  Booth from which access to local and central Government services can be accessed via the Internet
       LACORS                                 Local Authorities Co–ordinators of Regulatory Services. LACORS is a subsidiary body of the LGA
       Language Line                          A telephone service that assists callers whose first language is not English
       Local Government Association           Organisation that formally represents local authorities in England
       Local Service Provider                 A body or persons that has been assigned and has accepted responsibility to deliver local registration
                                              services. It is usually but not necessarily the local registration authority
       MA 1949                                The Marriage Act 1949
       Marriage Notice Book                   The book, held by their local Superintendent Registrar, where the public’s intention to marry is
                                              recorded
       Marriage Reaffirmation                 The facility for couples to celebrate by reaffirming their marriage vows
       Military Chapels                       A building which has been registered for the purposes of marriage for those with a military
                                              connection
       Modernising Government/ E–Government   The Government’s policy for improving the sharing of information and greater use of Information
                                              Technology
       Naming Ceremony                        Secular alternative for celebrating the naming of the individual
       NHS                                    National Health Service
       Notice of Marriage                     The public is required in law to give notice of their intent to marry, in person to their local
                                              Superintendent Registrar. This process is called giving ‘notice of marriage’
       ONS                                    Office for National Statistics
       Outstation                             A place where registration work can be carried out as designated in a Local Scheme
       Place of Religious Worship             A place certified by the Registrar General, under the Places of Worship Registration Act 1855, as a
                                              place which is primarily used for public religious worship
       Preliminaries to Marriage              The legal procedures which must be completed before a marriage can take place
       Prescribed Fee                         Charge for goods or services set out in law
       Principal Officer                      Superintendent Registrar, Additional Superintendent Registrar, Registrar of Births and Deaths
       Proper Officer                         Senior Local Authority official who is responsible for certain local arrangements under the
                                              provisions of the Registration Service Act 1953
       Public Purse                           Money raised by the Government through public funds
       Qualified Informant                    Those people with a legal duty to provide information relating to births and deaths
       Quarterly Copies                       Copies of registrations that have been made, submitted to the Registrar General every three months
       RBD                                    Registrar of Births and Deaths
       Register Office                        Office of the Superintendent Registrar
       Registered Building                    A building which has been registered for the purposes of non–conformist religious marriage (i.e.
                                              not Church of England or Church in Wales)
       Registrar General (Also RG)            Head of Registration Service in England and Wales and also head of ONS and the National
                                              Statistician
       Registrar General’s Licence            The Marriage (Registrar General’s Licence) Act 1970 provides for a marriage to take place in
                                              circumstances where one of the parties is seriously ill and not expected to recover and cannot be
                                              moved to a place where the marriage could normally be solemnised. An authority for marriage
                                              issued under the above provisions is called a Registrar General’s Licence
       Registration Acts                      Births and Deaths Registration Act 1953 (BDRA 1953) Marriage Act 1949 (MA 1949)
                                              Registration Service Act 1953 (RSA 1953)
       Registration Authority                 A local authority that has the responsibility for arranging or providing local registration services
       Registration District(s)               One or more areas within a Local Authoritity’s boundaries designated to deliver registration
                                              services. There may be only one registration district within a local authority. See also sub-district
       Registration Officers                  Officials currently providing civil registration services at a local level
       Religious Marriage                     Marriage in a registered building, with religious content
       Remote Registrations                   Registrations via other means than face to face eg Internet, telephone
       Repository                             A secure area within each Register Office that is used to house deposited registers
       Revenue Support Grant                  Government grant paid to local authorities based on a range of criteria eg population




282
Glossary                                                                                                                                   Annex F




 Rites and Ceremonies                     Used to describe the content of a religious marriage ceremony eg the rites and ceremonies of the
                                          Methodists
 RSA 1953                                 Registration Service Act 1953
 Schedule                                 Authority to marry
 ‘Scheme’ – Local Registration            The requirement that determines amongst other things the number of registration districts in a
                                          local authority, staffing levels and the location of offices
 Secular                                  No religious content
 Self Regulation                          The local authority will have duty for provision of registration services. Along with the Inspectorate
                                          they will provide a framework by which to measure the delivery of the service
 Special Licence                          See Archbishop of Canterbury’s Special Licence
 Spinsterp                                Term used in civil registration (in England and Wales) to describe a woman who has never been
                                          married
 SR                                       Superintendent Registrar
 State Only Preliminaries                 See Civil Preliminaries
 Sub-District                             Geographical limits of a Registrar of Births , Deaths and Marriages statutory responsibilities
 Superintendent Registrar’s Authority     A document confirming that the preliminaries to marriage have been completed and that no
                                          impediment to the proposed marriage has been shown to exist
 Superintendent Registrar’s Certificate   See Superintendent Registrar’s Authority
 ‘Supporting Families’                    Government initiative setting out its policy proposals for supporting families
 Through Life Record                      Database holding linked key life records relating to an individual (eg birth, marriage, change of
                                          name)
 TUPE                                     Transfer of Undertakings (Protection of Employment) Regulations that provide protection against
                                          redundancy and changes to terms and conditions of employment for employees in the transfer of
                                          business or service or part of it to a new owner or administration
 UKPS                                     United Kingdom Passport Service




                                                                                                                                                     283
      Annex G                               Summary of the views expressed by respondents to Registration: Modernising a Vital Service




      Annex G
      Summary of the views expressed by
      respondents to Registration: Modernising
      a Vital Service
      Individuals, groups and representative bodies submitted           events to public and private sector organisations. The
      almost 1,000 responses to the public consultation exercise        consensus was that the private sector should be charged for
      with over 9,000 replies to individual questions. The              such notifications.
      following is a summary of their views.
                                                                        A number of those in favour felt that the passing on of
      Q1. Should it be possible to register births and deaths           information to other agencies should be on the basis of
      in a range of ways? (2.2)                                         informed consent while a few thought it should be
                                                                        mandatory.
      There were 450 responses to this question. Of these, 300
      (67 per cent) were in favour of making it possible to register    Q4. Should the registration service become a focal
      births and deaths in a range of ways.                             point for services linked to birth and bereavement?
                                                                        (2.3)
      The general feeling was that although alternative methods
      should be made available, personal attendance should still be     This question elicited 237 responses of which 218 were in
      an option for those who prefer it. Suggestions included a         favour of the registration service becoming a focal point for
      registration system without geographical boundaries,              services linked to birth and bereavement. The most popular
      hospitals and coroners entering data for registration onto a      view was that the registration service should become a one-
      central database (without the need for an informant). Also,       stop-shop for such services. Also, that the service need not
      basing registrars in hospitals and having multi-functional        provide counselling but could provide leaflets or direct
      officers whose duties are not solely registration duties were     people to the relevant services or experts.
      suggested. Those not in favour of the idea cited loss of
      quality of data as the main reason.                               Q5. Should there be national standards for birth and
                                                                        death registration services and if so what should these
                                                                        be? How should they be enforced? (2.4)
      Q2. Should electronic links be developed with
      hospitals, coroners, undertakers, crematoria and                  Of the 252 responses, 241 (96 per cent) supported the idea
      government departments? How should they be used?                  of national standards. Ideas on standards included privacy,
      (2.3)                                                             confidentiality, staff accessibility and availability, provision
                                                                        of equipment, accommodation, quality of training,
      Of the 359 responses to this question, 335 (93 per cent)          customer care, technical knowledge and accuracy.
      expressed support for the development of electronic links.
      The general feeling was that such links would speed up and        Suggestions for enforcement included a system of
      improve service delivery for the customer. It was stressed        inspection/audit, severe fines, regional inspectorate, ‘Ofreg’
      that there would need to be appropriate safeguards in the         or independent inspectorate, inspection agency drawn form
      system to prevent fraud. Suggested links included UKPS            practitioners and GRO.
      and DWP.
                                                                        Q6. Would quality of information be affected by
      Q3. Should the registration service offer people a                changing the system? (2.4)
      facility to notify the birth/death or marriage to public
      and private sector organisations? (2.3)                           There were 201 responses to this question. The majority of
                                                                        respondents (72 per cent) expressed concern that the quality
      Of the 244 responses 220 expressed the view that the              of information would be affected. The remainder thought
      registration service should offer people a facility to notify     that quality could be maintained if proper controls were put
                                                                        in place.

284
Summary of the views expressed by respondents to Registration: Modernising a Vital Service                           Annex G




Q7. Should people be able to marry anywhere? (3.1)               bringing up children or the legal status of unmarried
                                                                 parents? (3.4)
There were 373 responses to this question. The majority of
respondents (83 per cent) thought that people should either      Of the 396 responses to this question, 348 (88 per cent)
be able to get married anywhere or, more popularly, that a       supported the idea of a wider role for registrars.
greater choice of venues should be provided.
                                                                 Although there was an overwhelming majority for the
The main arguments against marriage anywhere were the            provision of supportive services there was no consensus as to
need to consider health and safety, accessibility for the        what these services might be. Some respondents felt that
public and the need to maintain the solemnity of the             baby-naming ceremonies were acceptable but not secular
ceremony. The most popular suggestions for retaining some        funerals and vice versa. Many felt that the registration
control were for the introduction of one-off licences or         service should not provide counselling but should direct
introducing approved celebrants in line with the Scottish        customers to existing counselling services. The issues of
system.                                                          proper training and funding for these services were also
                                                                 raised.
There was strong support from registration officers for the
introduction of universal civil preliminaries and the removal    Q11. Is there scope for a more integrated approach for
of the residential requirement for marriages in registered       marriages? (3.5)
buildings.
                                                                 Of the 192 responses to this question 92 per cent favoured
Q8. Should there be national standards for civil                 links being created with divorce and birth and death
marriage ceremonies and what should these be? (3.1)              databases to help verify details in marriage notices. The
                                                                 electronic notification to other public and private sector
Of the 240 responses to this question, 227 (94 per cent)         agencies following the marriage was also mentioned subject
expressed the view that there should be national standards.      to proper safeguards being in place. Those against felt that
Suggestions for the national standards included standards set    the onus should remain with the couple.
by the couple, accommodation, length of ceremony,
enhancements offered routinely and a reasonable service at a     Q12. What level of access should be available to
reasonable price. Several respondents suggested that the         registration records of varying ages? What uses are
hours between which a marriage could take place should           acceptable? How should historic records be defined?
either be extended or the restriction removed altogether.        (4.3)

Q9. Should it be possible for the preliminaries to               There was overwhelming support for greater access to
marriage to be undertaken in a range of ways? (3.2)              historic records. Suggestions included using the Internet or
                                                                 copies on CD-ROM, microfilm or microfiche being made
Sixty-four per cent of respondents thought that it should be     available at county record offices or register offices.
possible for marriage preliminaries to be undertaken in a        Respondents opined that giving access to the historic records
range of ways. The remainder preferred the retention of the      and removing the need to purchase a certified copy of an
need for notice to be given in person. Among the responses       entry should greatly reduce costs and hence the fee.
to this question there was a call for universal civil
preliminaries and the removal of the residential qualification   Respondents to this question were fairly evenly divided on
for church marriages. There was also support for adoption of     how historic records should be defined. 50 per cent thought
the Scottish schedule system.                                    that it should be records over 75 years with 46 per cent
                                                                 opting for 100 years. The remainder suggested different
Those against offering a range of ways for giving notice felt    definitions depending on the type of event eg 100 years for
that this would not sit well with the changes being              births, 50 years for marriages and deaths. Those in favour of
introduced by the Immigration and Asylum Act 1999. The           the 100 years cut-off reasoned on the basis of peoples
Act requires both parties to give notice in person to the        increased life expectancy and the parallel with census data.
superintendent registrar. They also felt that personal
attendance meant that there would be greater commitment          Q13. Should paper certificates, other than for personal
on the part of the couple.                                       commemorative use, be replaced by electronic transfer
                                                                 of information to approved users on request? (4.3)
Q10. Should the registration service provide
supportive services eg baby-naming, reaffirmation of              Seventy-six per cent of those who responded to this question
vows, information on coping with bereavement or                  did not wish to see paper certificates disappear altogether.


                                                                                                                                 285
      Annex G                              Summary of the views expressed by respondents to Registration: Modernising a Vital Service




      They felt that there would continue to be a need for              heritage and should be open to the public in microfilm,
      certificates for official purposes eg for use abroad. Many of     microfiche or digital format. There was almost unanimous
      those respondents acknowledged that electronic transfer of        agreement that the original records should be stored locally
      registration was inevitable but felt that customers should be     at county record offices, local register offices or in other
      able to choose.                                                   local archives. A number of respondents said that the records
                                                                        should be accorded public record status and become the
      Q14. Should birth registration records be updated and             responsibility of the Public Record Office.
      if so with what information? (4.4)
                                                                        Q18. Should birth registration cater for a wider variety
      Of the 396 responses 357 (90 per cent ) favoured some form        of circumstances. If so, what should they be? (5.2)
      of updating or linking of registration records. Suggestions
      for updates included linking deaths with births, marriages        Ninety per cent of respondents supported a more flexible
      with divorces and change of sex. The adoption of the birth        system for registering births.
      entry as the basis for a life record, showing any changes of
      name or status, was the most popular suggestion put               The most popular suggestions for change included
      forward.                                                          simplifying late birth registration, making it possible for a
                                                                        registration officer to attest a declaration equivalent to the
      Q15. What contribution should civil registration make             present form 16, providing better access to the service by
      to proving identity and how? (4.4)                                offering different ways of registering (referring back to
                                                                        question 1) and extending or offering more flexible opening
      Eighty per cent of the respondents to this question said that     hours.
      registration could have a vital role to play in providing proof
      of identity. The most popular suggestion was to use the ‘life     Q19. Should death registration cater for a wider
      record’ suggested at Q14. Others included issuing a unique        variety of circumstances. If so, what should they be?
      identifier to each individual at birth, issuing an ID card at     (5.3)
      birth and issuing the NI number at birth.
                                                                        Ninety per cent of respondents supported the idea of a
      The remaining 20 per cent felt that the matter of identity        service able to cater for a wider variety of circumstances. The
      was either outside the scope of this review or that the           most popular idea was for a life partner to be accepted as a
      registration service should have no part in it. A few             qualification for a death informant. Several responses
      expressed the fear that the review could founder if it was        included reference to same-sex partners and also executors
      linked to the question of identity.                               being allowed to register. Other popular suggestions were for
                                                                        an out of hours (on-call) service to be made standard,
      Q16. How should the balance be struck between an                  extension of opening hours generally and facility to register
      individual’s privacy and public interest in registration          certain deaths at sea. Over 50 respondents said that a
      records?                                                          deceased man’s wife’s details should be included in the death
                                                                        entry (see question 20).
      The most popular suggestion (40 per cent) for balancing
      privacy with public interest was to restrict access to the        Q20. What information should be recorded in the
      recent records. Many respondents also said that there should      register and on certificates? (5.5)
      be no exploitation of registration records for commercial
      purposes. They felt that access to records should be for          The most popular ideas elicited by this question related to
      official purposes with the public fully informed about who        marriage entries. Over 30 per cent wanted to see the
      had access and why. Access by approved users or with the          mother’s details as well as the father’s being included in the
      consent of the individual was also suggested by a small           entry and 25 per cent suggested including stepparents where
      number of respondents. A few respondents expressed the            applicable. The inclusion of the date and place of birth of
      view that full access to the records should be allowed unless     the parties and the addresses of witnesses were also
      a good reason could be given as to why privacy should be          mentioned.
      maintained.
                                                                        Suggestions for additions to the birth register included time
      Q17. What should the arrangements be for historic                 and day of birth, date and place of marriage of parents [if
      registers? (4.6)                                                  applicable], NHS no of parents, parents’ dates of birth, and
                                                                        donor information [where applicable] and subsequent
      This question attracted 539 responses. The overwhelming           changes to parents [eg step-parents].
      view was that the historic registers are part of our national


286
Summary of the views expressed by respondents to Registration: Modernising a Vital Service                              Annex G




Suggestions for inclusion in the death register included the      Q24. Who should provide marriage, baby naming,
NI and NHS number of the deceased, time and day of                reaffirmation of vows? (7.2)
death, details of the deceased parents and the intended place
of disposal. Other suggestions for inclusion were the marital     Many respondents combined questions 23 and 24 resulting
status of the deceased, details of a deceased man’s wife and      in a similar split in opinion as to who should run the
the last known address of the deceased. The option of a           service. However, there was almost total agreement that
shortened form of death certificate with the cause of death       birth and death registration should not be split from the
excluded was a particularly popular idea.                         more ceremonial duties involved with marriage and any new
                                                                  services such as baby naming ceremonies.
Q21. Should there be greater flexibility to correct
errors in registration records? (5.6)                             Q25. How should the registration service adopt wider
                                                                  use of technology in service delivery? (7.4)
Of the 249 responses to this question over 95 per cent
contained the view that there should be greater flexibility to    The responses to this question concentrated mainly on how
correct errors in entries particularly by way of local            wider use of technology could improve recording, storage
discretion/authority. Several respondents mentioned               and retrieval of records. Many of the public response
specifically minor spelling errors copied from medical            highlighted better access to the historic records. The most
certificates of cause of death. Other suggestions were that       popular view was that of creating a central database of
marriage corrections should be treated the same as birth and      births, marriages and deaths with local and Internet access.
death corrections, that certificates should be free from          The view of many was that the original records should be
correctional notes and that a fresh registration should be        computerised and copied onto microfilm. Any partnership
offered where the error was embarrassing or sensitive.            to achieve this should be with the ‘not for profit’ sector in
                                                                  order to keep the cost to the user down. Compiling
Q22. Should there be a more flexible and integrated                computerised indexes that could contain more information
approach to the collecting and sharing of information             and that could be made widely available, providing links
within government? (6.2)                                          with other records such as the Census and viewing entries
                                                                  on-line were also suggested.
155 of the 164 respondents to this question were in favour
of a more flexible and integrated approach. The majority          Ideas for more recent records included introducing a swipe
view was that the collecting and sharing of information in        ID card, the ability to issue certificates from any register
this way was a legitimate use of the registration system          office regardless of where the event took place, transferring
particularly as it would help detect and prevent fraud. Other     data between government departments, remote ordering
views expressed were that questions should not become too         facility for certificates and record linkage.
intrusive or place a burden on the individual as this might
deter people from providing information. Also, there would        Q26. What are acceptable uses of civil registration
need to be safeguards in place to protect people’s privacy.       records? (7.4)

Q23. Who should provide birth and death registration              The overwhelming response was that registration records
services? (7.2)                                                   should not be made available in bulk to private sector
                                                                  organisations and that they should not be used for
Forty per cent of respondents recommended that local              commercial gain in any way.
authorities should run the registration service. They argued
that it was a local service with varying needs in different       Suggestions for their use included providing other
parts of the country to which local authorities were sensitive.   government departments with information, a means of
35 per cent opted for a centrally run service or said only        identification, medical and academic research, genealogy,
that registration officers should continue to provide the         social and economic research. Respondents were mindful of
service. The remainder gave no specific preference or             the need to protect the privacy of the individual. It was
suggested alternatives such as the health service.                suggested that individuals or their descendants should give
                                                                  permission for the information to be used.
Many respondents referred to the need for national
standards for a national service. The consensus was that this     Q27. Should the registration of key life events, remain
could only be achieved through administration and                 free of charge? If so, should other fees be set at a level
inspection by a central body. Many also referred to the need      to ensure full cost recovery across registration services
to remove the current demarcations created by the statutory       as a whole? (8.2)
status of officers. The need for a proper management
structure was widely recognised.

                                                                                                                                  287
      Annex G                              Summary of the views expressed by respondents to Registration: Modernising a Vital Service




      Of the 360 responses to this question only 10 thought that
      the registration of births and deaths should attract a fee to
      offset the cost. Of the 350 who thought this service should
      remain free, the majority felt that the charges should be
      levied for any additional services provided by the registration
      service. A number also considered that fees from other
      services should be used to offset the cost of birth and death
      registration to enable the whole service to become self-
      financing.

      Q28. Should there be a standard marriage fee? If so
      how should it be set? (8.2)

      Over 90 per cent of respondents supported the view that
      there should be a standard fee for a standard marriage
      ceremony. Many respondents added that there should be a
      sliding scale of fees above the minimum to meet the cost of
      any enhancements and that these fees should be set locally.
      A few thought that the basic fee should be set locally as
      circumstances and costs varied across the country.




288
Responding to this consultation document                                                                              Annex H




Annex H
Responding to this consultation document
1.       The list of people/bodies to whom this paper has        5.       Finally, you should be aware that the Parliamentary
been sent is at Annex B. We will be pleased to accept            Committees will be able to request sight of your
responses from anyone. Please feel free to pass this             representation as originally submitted. This is a safeguard
consultation document on. It is available on the following       against attempts to bring improper influence to bear on the
web-sites:                                                       Minister. We envisage that, in the normal course of events,
www.statistics.gov.uk/registration                               this provision will only be used rarely and on an exceptional
www.ukonline.gov.uk                                              basis.
www.cabinet-office.gov.uk/regulation/act/condoc.htm
                                                                 6.       The Parliamentary Committees dealing with orders
The contact point for enquiries, hard copies and the Welsh       under the Regulatory Reform Act 2001 have requested that
version is as in paragraph 8. Representative groups when         a note explaining the Parliamentary process for orders made
responding should provide a summary of the people and            under the Act to be annexed to all consultation papers so
organisations they represent.                                    that everyone understands when and to whom they are able
                                                                 to put their views should they wish to do so. This is attached
2.        The response form is at Annex I. Should you need       at Annex C.
to, you can continue your answers on a separate sheet of
paper. If you do so, please write your name and address at       7.      A draft Regulatory Impact Assessment is attached
the top of the sheet and state the question number to which      at Annex E.
you are responding. An electronic version of the form can be
found on the web-sites listed in paragraph 1. We would           8.     Responses to this consultation document should be
encourage responses to be submitted using the electronic         made no later than 24 October 2003 and sent to:
response form. Responses can be typed directly in the                    Lorraine Cole
electronic response form and submitted via email to the                  Civil Registration Review Consultation
email address given at paragraph 8.                                      Room 126
                                                                         General Register Office
3.       Normal practice will be for details of                          Smedley Hydro
representations received in response to this consultation                Trafalgar Road
document to be disclosed, or for respondents to be                       Southport
identified. While the Act provides for non-disclosure of                 Merseyside PR8 2HH
representations on request, the Minister is required to
include the names of all respondents in the list submitted to             Fax: 01633 652 953
Parliament alongside the draft Order. You should note that:               e-mail: registration.review@ons.gov.uk

❥    If you request that your representation is not disclosed,   9.       Any queries about this consultation document
     the Minister will not be able to disclose the contents of   should be addressed to Lorraine Cole (contact details given
     your representation without your express consent and, if    in paragraph 8) or by telephoning 0151 471 4379 or 0151
     the representation concerns a third party, their consent    471 4528.
     too. Alternatively, the Minister may disclose the content
     of your representation but only in such a way as to         10.      Complaints about the handling of this consultation
     anonymise it.                                               process should be made in writing to:
•    In all cases where your representation concerns                       Kieron Mahony
     information that may be damaging to the interests of a                Civil Registration Review
     third party, the Minister is not obliged to pass it on to             Room 117
     Parliament if he or she does not believe it to be true or             General Register Office
     is unable to obtain the consent of the third party.                   Smedley Hydro
                                                                           Trafalgar Road
4.       Please identify any information which you or any                  Southport
other person involved do not wish to be disclosed.                         Merseyside PR8 2HH


                                                                                                                                  289
This is a blank page.
            Annex H     Responding to this consultation document




      290
Response form                                                                                                 Annex I




Annex I
Response form

    Respondent details                                          Please return by 24 October 2003 to:

    Name:                                                       Lorraine Cole
    Organisation:                                               Civil Registration Review Consultation
    Address:                                                    Room 126
                                                                General Register Office
                                                                Smedley Hydro
                                                                Trafalgar Road
   Town/City:                                                   Southport
                                                                Merseyside PR8 2HH
   County/Postcode:
   Telephone:                                                   email: registration.review@ons.gov.uk
   Fax:
   E-mail:


   Tick this box if you are requesting non-disclosure of your response.


    If you are continuing your answers on a separate sheet, please state your name, address and the question number
    to which you are replying.




                                                                                                                        291
      Annex I                                                                                                     Response form




      Birth registration

      In respect of the registration of births:
      1. Do the proposals maintain the necessary protections for those affected?




      2.   Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
           expect to continue?




      3.   The proposals impose a number of new burdens. We would welcome your views on whether the tests of
           proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      4.   Do you have any views on the costs and savings identified?




      5.   Are there any other benefits that would be gained from the proposals?




292
Response form                                                                                                      Annex I




Still–birth registration

In respect of the registration of still-births:
6. Do the proposals maintain the necessary protections for those affected?




7.   Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
     expect to continue?




8.   The proposals impose a number of new burdens. We would welcome your views on whether the tests of
     proportionality, fair balance and desirability are satisfied in respect of these new burdens.




9.   Do you have any views on the costs and savings identified?




10. Are there any other benefits that would be gained from the proposals?




                                                                                                                             293
      Annex I                                                                                                    Response form




      Death registration

      In respect of the registration of deaths:
      11. Do the proposals maintain the necessary protections for those affected?




      12. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
          expect to continue?




      13. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
          proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      14. Do you have any views on the costs and savings identified?




      15. Are there any other benefits that would be gained from the proposals?




294
Response form                                                                                                     Annex I




Registration of births, still–births and deaths in Welsh

In respect of the proposal for the registration of events in Welsh:
16. Do the proposals maintain the necessary protections for those affected?




17. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
    expect to continue?




18. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
    proportionality, fair balance and desirability are satisfied in respect of these new burdens.




19. Do you have any views on the costs and savings identified?




20. Are there any other benefits that would be gained from the proposals?




                                                                                                                            295
      Annex I                                                                                                    Response form




      Giving notice of marriage

      In respect of giving notice of marriage:
      21. Do the proposals maintain the necessary protections for those affected?




      22. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
          expect to continue?




      23. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
          proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      24. Do you have any views on the costs and savings identified?




      25. Are there any other benefits that would be gained from the proposals?




296
Response form                                                                                                     Annex I




Issue of superintendent registrar’s authority

In respect of issuing the marriage schedule:
26. Do the proposals maintain the necessary protections for those affected?




27. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
    expect to continue?




28. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
    proportionality, fair balance and desirability are satisfied in respect of these new burdens.




29. Do you have any views on the costs and savings identified?




30. Are there any other benefits that would be gained from the proposals?




                                                                                                                            297
      Annex I                                                                                                    Response form




      Venue for marriage and appointment of celebrants

      In respect of the venues for marriage and the appointment of celebrants:
      31. Do the proposals maintain the necessary protections for those affected?




      32. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
          expect to continue?




      33. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
          proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      34. Do you have any views on the costs and savings identified?




      35. Are there any other benefits that would be gained from the proposals?




298
Response form                                                                                                          Annex I




Form of marriage ceremony and officials

In respect of the form of marriage ceremony and officials:
36. Do the proposals maintain the necessary protections for those affected?




37. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
    expect to continue?




38. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
    proportionality, fair balance and desirability are satisfied in respect of these new burdens.




39. Do you consider there to be any costs and savings associated with these proposals that have not been identified?




40. Are there any other benefits that would be gained from the proposals?




                                                                                                                                 299
      Annex I                                                                                                    Response form




      Registration of marriage

      In respect of the registration of marriages:
      41. Do the proposals maintain the necessary protections for those affected?




      42. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
          expect to continue?




      43. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
          proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      44. Do you have any views on the costs and savings identified?




      45. Are there any other benefits that would be gained from the proposals?




300
Response form                                                                                                    Annex I




Marriage of the housebound and detained

In respect of marriages at the residence of the housebound or detained:
46. Do the proposals maintain the necessary protections for those affected?




47. Do the proposals prevent anyone from continuing to exercise any right or freedom that he or she might reasonably
    expect to continue?




48. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
    proportionality, fair balance and desirability are satisfied in respect of these new burdens.




49. Do you have any views on the costs and savings identified?




50. Are there any other benefits that would be gained from the proposals?




                                                                                                                           301
      Annex I                                                                                                   Response form




      Registrar General’s Licence

      In respect of marriages following the issue of a Registrar General’s Licence:
      51. Do the proposals maintain the necessary protections for those affected?




      52. Do the proposals prevent anyone from continuing to exercise any right or freedom that he or she might reasonably
          expect to continue?




      53. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
          proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      54. Do you have any views on the costs and savings identified?




      55. Are there any other benefits that would be gained from the proposals?




302
Response form                                                                                                     Annex I




Preliminaries for marriage according to the rites and ceremonies of the Church of England

In respect of the preliminaries for marriage according to the rites and ceremonies of the Church of
England:
56. Do the proposals afford the necessary protections for those affected?




57. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
    expect to continue?




58. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
    proportionality, fair balance and desirability are satisfied in respect of these new burdens.




59. Do you have any views on the costs and savings identified?




60. Are there any other benefits that would be gained from the proposals?




                                                                                                                            303
      Annex I                                                                                                    Response form




      Marriage ceremony and registration according to the rites and ceremonies of the
      Church of England

      In respect of the solemnisation and registration of marriages according to the rites and ceremonies of
      the Church of England:
      61. Do the proposals afford the necessary protections for those affected?




      62. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
          expect to continue?




      63. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
          proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      64.       Do you have any views on the costs and savings identified?




      65.       Are there any other benefits that would be gained from the proposals?




304
Response form                                                                                                   Annex I




Marriage ceremony and registration according to the rites and ceremonies of the Church in
Wales

In respect of the form and registration of marriages according to the rites and ceremonies of the
Church in Wales:
66. Do the proposals afford the necessary protections for those affected?




67. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might
    reasonably expect to continue?




68. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
    proportionality, fair balance and desirability are satisfied in respect of these new burdens.




69. Do you have any views on the costs and savings identified?




70. Are there any other benefits that would be gained from the proposals?




                                                                                                                          305
      Annex I                                                                                                    Response form




      Marriage in England and Wales, where one of the couple is living on board ship

      In respect of the preliminaries for marriage in England and Wales where either the bride or groom is
      living on board ship:
      71. Do the proposals maintain the necessary protections for those affected?




      72. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might
          reasonably expect to continue?




      73. The proposals impose a number of new burdens. We would welcome your views on whether the tests or
          proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      74. Do you have any views on the costs and savings identified?




      75. Are there any other benefits that would be gained from these proposals?




306
Response form                                                                                                     Annex I




Marriage in a foreign country

In respect of the giving of notice when someone wishes to obtain a certificate of no impediment:
76. Do the proposals maintain the necessary protections for those affected?




77. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
    expect to continue?




78. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
    proportionality, fair balance and desirability are satisfied in respect of these new burdens.




79. Do you have any views on the costs and savings identified?




80. Are there any other benefits that would be gained from the proposals?




                                                                                                                            307
      Annex I                                                                                                    Response form




      New services

      In respect of new services:
      81. Do the proposals maintain the necessary protections for those affected?




      82. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
          expect to continue?




      83. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
          proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      84. Do you have any views on the costs and savings identified?




      85. Are there any other benefits that would be gained from the proposals?




308
Response form                                                                                                     Annex I




‘Through life’ records

In respect of the proposals to create ‘through life’ records by linking registration records:
86. Do the proposals maintain the necessary protections for those affected?




87. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
    expect to continue?




88. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
    proportionality, fair balance and desirability are satisfied in respect of these new burdens.




89. Do you have any views on the costs and savings identified?




90. Are there any other benefits that would be gained from the proposals?




                                                                                                                            309
      Annex I                                                                                                    Response form




      Correcting and updating records

      In respect of correcting and updating records:
      91. Do the proposals maintain the necessary protections for those affected?




      92. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
          expect to continue?




      93. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
          proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      94. Do you have any views on the costs and savings identified?




      95.   Are there any other benefits that would be gained from the proposals?




310
Response form                                                                                                     Annex I




Classification and computerisation, the central database and records management

In respect of the proposals for classifying and computerising registration records and of records
management:
96. Do the proposals maintain the necessary protections for those affected?




97. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
    expect to continue?




98. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
    proportionality, fair balance and desirability are satisfied in respect of these new burdens.




99. Do you have any views on the costs and savings identified?




100. Are there any other benefits that would be gained from the proposals?




                                                                                                                            311
      Annex I                                                                                                     Response form




      Access

      In respect of accessing registration records:
      101. Do the proposals maintain the necessary protections for those affected?




      102. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
           expect to continue?




      103. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
           proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      104. Do you have any views on the costs and savings identified?




      105. Are there any other benefits that would be gained from the proposals?




312
Response form                                                                                                     Annex I




 Data sharing and data transfer

 In respect of data sharing and data transfer:
 106. Do the proposals maintain the necessary protections for those affected?




 107. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
      expect to continue?




 108. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
      proportionality, fair balance and desirability are satisfied in respect of these new burdens.




 109. Do you have any views on the costs and savings identified?




 110. Are there any other benefits that would be gained from the proposals?




                                                                                                                             313
      Annex I                                                                                                     Response form




      Historic records

      In respect of historic records:
      111. Do the proposals maintain the necessary protections for those affected?




      112. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
           expect to continue?




      113. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
           proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      114. Do you have any views on the costs and savings identified?




      115. Are there any other benefits that would be gained from the proposals?




314
Response form                                                                                                      Annex I




Registers

In respect of the proposals for handling existing registers:
116. Do the proposals maintain the necessary protections for those affected?




117. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
     expect to continue?




118. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
     proportionality, fair balance and desirability are satisfied in respect of these new burdens.




119. Do you have any views on the costs and savings identified?




120. Are there any other benefits that would be gained from the proposals?




                                                                                                                             315
      Annex I                                                                                                     Response form




      Overseas and miscellaneous records

      In respect of overseas and miscellaneous records:
      121. Do the proposals maintain the necessary protections for those affected?




      122. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
           expect to continue?




      123. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
           proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      124. Do you have any views on the costs and savings identified?




      125. Are there any other benefits that would be gained from the proposals?




316
Response form                                                                                                      Annex I




Statistical information obtained from registration

In respect of the changes proposed to the information obtained for statistical purposes and, in some
cases, to the arrangements for obtaining the information:
126. Do the proposals maintain the necessary protections for those affected?




127. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
     expect to continue?




128. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
     proportionality, fair balance and desirability are satisfied in respect of these new burdens.




129. Do you have any views on the costs and savings identified?




130. Are there any other benefits that would be gained from the proposals?




                                                                                                                             317
      Annex I                                                                                                     Response form




      The Registrar General and the General Register Office

      In respect of the changes proposed to the role of the Registrar General and the General Register
      Office:
      131. Do the proposals maintain the necessary protections for those affected?




      132. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
           expect to continue?




      133. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
           proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      134. Do you have any views on the costs and savings identified?




      135. Are there any other benefits that would be gained from the proposals?




318
Response form                                                                                                      Annex I




Local authority responsibilities

In respect of the changes to local authority responsibilities:
136. Do the proposals maintain the necessary protections for those affected?




137. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
     expect to continue?




138. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
     proportionality, fair balance and desirability are satisfied in respect of these new burdens.




139. Do you have any views on the costs and savings identified?




140. Are there any other benefits that would be gained from the proposals?




                                                                                                                             319
      Annex I                                                                                                     Response form




      Sanctions, national standards, compliance and inspection

      In respect of the changes to sanctions, national standards, compliance and inspection:
      141. Do the proposals maintain the necessary protections for those affected?




      142. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
           expect to continue?




      143. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
           proportionately, fair balance and desirability are satisfied in respect of these new burdens.




      144. Do you have any views on the costs and savings identified?




      145. Are there any other benefits that would be gained from the proposals?




320
Response form                                                                                                      Annex I




Status of registration officers

In respect of the changes to the status of registration officers:
146. Do the proposals maintain the necessary protections for those affected?




147. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
     expect to continue?




148. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
     proportionality, fair balance and desirability are satisfied in respect of these new burdens.




149. Do you have any views on the costs and savings identified?




150. Are there any other benefits that would be gained from the proposals?




                                                                                                                             321
      Annex I                                                                                                     Response form




      Finance and charges

      In respect of the changes proposed to finance and charges:
      151. Do the proposals maintain the necessary protections for those affected?




      152. Do the proposals prevent any person from continuing to exercise any right or freedom that he or she might reasonably
           expect to continue?




      153. The proposals impose a number of new burdens. We would welcome your views on whether the tests of
           proportionality, fair balance and desirability are satisfied in respect of these new burdens.




      154. Do you have any views on the costs and savings identified?




      155. Are there any other benefits that would be gained from the proposals?




322
Response form                                                                                                           Annex I




Supplementary questions

In respect of birth registration:
S1. With regard to the list of qualified informants to a birth registration, do you have a view on a more appropriate
     description for ‘occupier of the house’?




In respect of still-birth registration:
S2. With regard to the list of qualified informants to a still-birth registration, do you have a view on a more appropriate
     description for ‘occupier of the house’?




In respect of death registration:
S3. With regard to the list of qualified informants to a death registration, do you have a view on a more appropriate
     description for ‘occupier of the house’, ‘inmate of the house’ or ‘person causing the burial or cremation’?




In respect of marriages following the issue of a Registrar General‘s Licence:
S4.    Do you have any views on the proposed arrangements for the payment of fees for marriages that take place
       following the issue of such a licence?




                                                                                                                                  323
      Annex I                                                                                                        Response form




      In respect of ‘through life’ records:
      S5. Do you have any views on the proposals for accessing the linking information on ‘through life’ records?




      In respect of accessing registration records:
      S6. Do you have any views on the proposed definition of family in respect of accessing registration records?




      S7. Do you have any views on the proposed list of Authorised Users?




      In respect of the general consultation on statistics:
      S8. We would welcome your views on the proposed revisions to the collection of statistical information at the registration
           of a birth, with an indication of the changes you would regard as being most important and the reasons for this view.




      S9. We would welcome your views on the proposed revisions to the collection of statistical information at the registration
          of a death, with an indication of the changes you would regard as being most important and the reasons for this view.




324
Response form                                                                                                            Annex I




S10. We would welcome your views on the proposed revisions to the collection of statistical information at the
     preliminaries to, and registration of, a marriage, with an indication of the changes you would regard as being most
     important and the reasons for this view.




In respect of sanctions, national standards, compliance and inspection:
S11. Views are welcome about issues to be included in the code of practice, its usefulness as a management tool and its
     relationship with any Best Practice Guide.




In respect of finance and charges:
S12. It would be useful to receive local authorities’ views on the extent to which their costs could reduce in line with the
     shift in demand for face-to-face meetings.




S13. Views are invited on the level of fees set out in Appendix 11D – New statutory charges for registration services




                                                                                                                                   325

				
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