The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) (Amendment) Regulations 2026
- Department: Home Office
- Made under: Births and Deaths Registration Act 1953
Amended the 2016 Fees Regulations to update terminology and specify fee recipients for birth, death, and marriage registration services following the introduction of electronic registers.
These regulations amend the Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 to adjust the administrative handling of fees in England and Wales.
They redefine the officials to whom fees are payable for register entries and corrections, specifically distinguishing between records created before and after July 1, 2009.
The measures apply to registrars and superintendent registrars, removing references to physical 'custody' of registers to accommodate the transition to electronic record-keeping.
Arguments For
The explanatory note states that the regulations are necessary to align fee structures with the transition to an electronic register for births, still-births, and deaths introduced by the Data (Use and Access) Act 2025.
Proponents argue that the amendments update outdated terminology, specifically removing the term 'custody' which the document claims is no longer relevant for electronic records.
The document indicates that these changes clarify which official—either the registrar or superintendent registrar—is entitled to receive a fee based on whether the original record was created before or after July 1, 2009.
Arguments Against
Legal scholars might note that the regulations rely on the successful implementation of the Data (Use and Access) Act 2025, and any delays in that Act's technological rollout could create administrative confusion regarding fee collection.
Affected parties may find the bifurcated fee recipient system (distinguishing between records made before or after July 1, 2009) more complex than the previous system based on physical custody.
While the document states no new impact assessment was prepared, some stakeholders might argue that the administrative shift in fee distribution warrants its own dedicated analysis of the burden on local registration offices.
- —(1) These Regulations may be cited as the Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) (Amendment) Regulations 2026 and come into force on 9th November 2026.
(2) These Regulations extend to England and Wales.
This section establishes the official title of the statutory instrument and sets the commencement date for the new rules as November 9, 2026.
It limits the legal jurisdiction of these regulations to England and Wales.
- —(1) The Table in Schedule 1 (fees payable) to the Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016, is amended as follows.
(2) In row 16A, in column 4 for 'The registrar or superintendent registrar having the custody of the register' substitute 'If the entry in the register was made before 1 July 2009, to the superintendent registrar. If the entry in the register was made on or after 1 July 2009, to the superintendent registrar or the registrar'.
(3) In row 17A-
(a) in column 2, in (a) and (b) for 'with custody of the register' substitute 'who effects the correction'.
(b) in column 4 for 'The person with custody of the register' for both places it occurs, substitute 'If the entry in the register was made before 1 July 2009, to the superintendent registrar. If the entry in the register was made on or after 1 July 2009, to the superintendent registrar or the registrar'.
(4) In row 20, in column 2, in (a) and (b) for 'kept' substitute 'issued'.
(5) In row 21, in column 2, in (a) and (b) for 'kept' substitute 'issued'.
This section modifies specific rows in the existing 2016 fee schedule to change who receives payments and how services are described.
It replaces references to 'custody' of a register with descriptions based on when the entry was made or who performs the correction.
For entries made before July 1, 2009, fees are directed toward the superintendent registrar, while for newer entries, they may be paid to either the superintendent registrar or the registrar.
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