Statistics and Registration Service Act 2007

Part 2 E+WRegistration service

68Establishment of Registrar General as corporation soleE+W

(1)Section 1 of the Registration Service Act 1953 (c. 37) is amended as follows—

(a)renumber the existing provision as subsection (1);

(b)after that subsection insert—

“(2)The Registrar General is a corporation sole by the name of the Registrar General for England and Wales.

(3)The Registrar General may do anything (including acquire or dispose of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of his functions.

(4)The Registrar General discharges his functions on behalf of the Crown.

(5)Service as Registrar General is not service in the civil service of the Crown; but the Registrar General is a Crown servant for the purposes of the Official Secrets Act 1989.”

(2)Subject to section 57, the property, rights and liabilities of the Registrar General on the commencement of this section shall at that time become the property, rights and liabilities of the Registrar General as a corporation sole.

69Employment status of officialsE+W

(1)On commencement of this section, every person who immediately before commencement of this section holds a relevant office becomes an employee of the relevant local authority.

(2)The relevant offices are—

(a)superintendent registrar of births, deaths and marriages appointed under section 6 of the Registration Service Act 1953;

(b)registrar of births and deaths appointed under that section;

(c)deputy superintendent registrar of births, deaths and marriages appointed under section 8 of that Act;

(d)deputy registrar of births and deaths appointed under that section.

(3)The terms and conditions of appointment of the holder of a relevant office have effect from commencement of this section (subject to any necessary modifications) as the terms and conditions of his employment with the relevant local authority.

(4)On commencement of this section any liabilities incurred by the holder of a relevant office in connection with the exercise of his functions are transferred to the relevant local authority.

(5)Any period which ends immediately before commencement of this section during which a person was continuously—

(a)the holder of a relevant office (whether in respect of the same or different relevant offices), or

(b)the holder of a relevant office (whether in respect of the same or different relevant offices) or an employee of a local authority,

must be treated as a period of continuous employment with the relevant local authority.

(6)If, immediately before commencement of this section, the holder of a relevant office was a member of a pension scheme established in pursuance of regulations under sections 7 and 12 of the Superannuation Act 1972 (c. 11), he continues to be a member of the scheme by virtue of his becoming an employee of the relevant local authority.

(7)For the purposes of this section, the “relevant local authority” is—

(a)in relation to the holder of a relevant office falling within subsection (2)(a) or (b), the local authority by which he was appointed;

(b)in relation to the holder of a relevant office falling within subsection (2)(c) or (d), the local authority which appointed the superintendent registrar of births, deaths and marriages or registrar of births and deaths by whom he was appointed.

(8)For the purposes of this section, each of the following is a local authority—

(a)a county council in England;

(b)a district council in England for an area without a county council;

(c)a London borough council;

(d)the Common Council of the City of London;

(e)the Council of the Isles of Scilly;

(f)a county or county borough council in Wales.

70Superintendent registrars and registrarsE+W

(1)The Registration Service Act 1953 (c. 37) is amended as follows.

(2)In section 6 (superintendent registrars and registrars of births and deaths)—

(a)in subsection (1), omit the proviso;

(b)in subsection (3)—

(i)for “a salaried officer paid by” substitute “ an officer of ”;

(ii)omit the words from “and shall” to the end;

(c)omit subsection (4).

(3)In section 13(2)(f) (local schemes of organisation), omit the words from “so, however” to the end.

(4)In section 15(1) (delivery of documents on ceasing to hold office), omit the words from “or, if there is no successor,” to the end.

71Deputy superintendent registrars and registrarsE+W

For section 8 of the Registration Service Act 1953 (deputy superintendent registrars and registrars) substitute—

“8Deputy superintendent registrars and registrars

(1)Subject to the provisions of the local scheme, a council which employs a superintendent registrar or a registrar of births and deaths may appoint one or more fit persons to act as his deputy.

(2)Any person appointed as a deputy under subsection (1) shall have all the powers and duties of a superintendent registrar or a registrar of births and deaths, as the case may be.”

72Additional registrars of marriagesE+W

In the Registration Service Act 1953 (c. 37) omit section 7 (additional registrars of marriages).