Parochial Registers and Records Measure 1978 in Wales

A register book of public and private baptisms shall be provided for every parish or, in the case of a parish which has more than one parish church, for each such church, and a register book of burials shall be provided for every parish which has a burial ground in use or, in the case of a parish which has more than one such ground, for each such ground.

The register books referred to in subsection (1) above shall be provided by, and shall be deemed to belong to, the parochial church council of the parish.

Such register books shall be of durable material and the heads of information required by this Measure to be entered therein shall in the case of every such book provided after the commencement of this Measure be printed on every leaf thereof.

Every place of entry in every such register book shall be numbered progressively from the beginning to the end of the book, beginning with the number one, and every entry shall be divided from the following entry by a printed line.

A person required to register a baptism or a burial under this Measure who discovers an error in the form or substance of an entry made in the register book of baptisms or burials, as the case may be, shall not be liable to any penalty under the M1Forgery Act 1913 by reason only that within one month after the discovery of the error he corrects the erroneous entry in the presence of the persons specified in subsection (2) below by entry in the margin of the register book, without any alteration of the original entry.

The persons referred to in subsection (1) above are—

Any such marginal entry as is referred to in subsection (1) above shall be signed by the person by whom the entry is made and shall be attested by the persons in whose presence the entry is required to be made, and the person by whom the entry is made shall add the date when it is made.

The incumbent of the benefice to which a parish belongs shall have the custody of the register books of baptisms, confirmations, banns of marriage, marriages, burials or services which in accordance with any enactment or Canon are provided for any parish church or other place of public worship in the parish.

During a vacancy in a benefice the churchwardens of the parish, or of each of the parishes, belonging to the benefice shall, subject to subsection (3) below, have the custody of the register books mentioned in subsection (1) above.

Where the bishop appoints a priest in charge for any benefice to which a suspension period within the meaning of the M1Pastoral Measure 1968 applies, the priest in charge shall during that period have the custody of the said books.

The preceding provisions do not apply to any register books which are for the time being deposited in a diocesan record office.

This section applies where there is an online facility provided by one or more of the National Institutions of the Church of England for enabling any person who has the custody of an electronic register book of services to allow any of the National Institutions and certain other persons to have access to the information contained in that register book.

Every person who has the custody of an electronic register book of services must follow the procedure provided for by the online facility so as to allow any of the National Institutions of the Church of England, and such other persons as the Institution or Institutions concerned may authorise, to have access to the information contained in that register book.

Where a person is given access under subsection (2) to the information contained in an electronic register book of services, the person shall be responsible for the safe-keeping, care and preservation of the information which the person obtains as a result.

Subject to subsection (2) below, there shall be a diocesan record office for every diocese.

If the bishop of a diocese considers it necessary for the diocese to have more than one diocesan record office, he shall divide the diocese into parts for the purpose of this section, and there shall be a diocesan record office for each part.

The diocesan record office for a diocese or part thereof shall be the place which is for the time being designated by the bishop of the diocese as such an office by an instrument in writing.

The bishop of a diocese shall not designate a place as a diocesan record office unless that place—

and before he designates any such place as a diocesan record office he shall obtain the agreement of the authority who will be responsible for register books and records deposited in that place under this Measure.

Where the bishop of a diocese makes an instrument under this section, he shall notify the diocesan synod that he has done so and of the effect of the instrument.

Where a diocese has more than one diocesan record office, any question which arises under this Measure by reason of that fact shall be determined by the bishop of the diocese.

Any place which immediately before the commencement of this Measure is the diocesan record office for a diocese or part thereof under the M4Parochial Registers and Records Measure 1929 shall be deemed to have been duly designated by the bishop of the diocese under this section as such office; but the preceding provision shall not be taken as affecting the right of the bishop of the diocese to withdraw the designation or the right of the authority responsible for register books and records deposited in such office to withdraw its agreement to the designation.

A diocesan record office may be used as a place of deposit for manorial documents within the meaning of section 144A of the M1Law of Property Act 1922 or documents to which section 36(2) of the Tithe M2Act 1936 applies if it has been approved by the Master of the Rolls under any rules made by him under the said section 144A or the said section 36, as the case may be, as a place of deposit for such documents.

Without prejudice to subsection (1) above nothing in this Measure shall be taken to affect the provisions of the said section 144A or of section 36(2) of the Tithe M3Act 1936 (which respectively provide that manorial documents and sealed copies of certain documents made pursuant to the Tithe Acts 1836 to 1951 shall be under the charge and superintendence of the Master of the Rolls) or of any rules made under either of those sections.

Every person having the custody of any register books or records in parochial custody shall be responsible for their safe-keeping, care and preservation.

The provisions contained in Schedule 2 to this Measure shall apply to any register book or record which is retained in parochial custody under an authorisation issued under subsection (3) below.

Where the bishop of a diocese issues an authorisation in writing to that effect, any register book or record which is required by section 10(1) of this Measure to be deposited in a diocesan record office for the diocese and is specified in the authorisation may be retained in parochial custody.

An application for an authorisation under subsection (3) above shall be made in writing by the person or persons having the custody of the book or record in question, and the bishop shall issue the authorisation if he is satisfied that the provisions of the said Schedule 2 are being and will be complied with as respects that book or record.

If it appears to the bishop of a diocese that any such provisions are not being complied with as respects any book or record to which an authorisation issued by him or a predecessor in office of his under subsection (3) above relates, he shall revoke the authorisation.

The bishop of a diocese shall from time to time issue directions with respect to the safe-keeping, care and preservation of the other register books and records in parochial custody in his diocese; and all persons concerned shall comply with such directions.

Subject to subsection (8) below, directions under subsection (6) above shall require the register books and records to which the directions apply to be kept in the appropriate parish church or other place of public worship and shall include directions with respect to the type of container in which those books and records are to be kept.

The bishop may if he thinks it necessary to do so issue further or different directions under subsection (6) above to a particular incumbent, priest in charge or parochial church council or to particular churchwardens or with respect to particular registers or records in parochial custody.

The expense of complying with directions issued under this section and with the provisions of the said Schedule 2 (if applicable) shall be met by the parochial church council concerned.

If it appears to the bishop of a diocese—

he shall notify the persons who have the custody of that book or record or those books or records, as the case may be, and the parochial church council concerned of the facts as they appear to the bishop and inform them that he will consider any written representations made to him by any of them before a date specified in the notice, being a date not less than twenty-eight days after service of the notice.

Where any such matters as are mentioned in subsection (1) above have become known to the bishop in consequence of a report under section 9 of this Measure, the notice under that subsection shall be accompanied by a copy of the report.

If after considering any representations duly made to him under subsection (1) above the bishop is of opinion that the matter is urgent and the circumstances are such that delay must be avoided, then, subject to subsection (6) below, he may order that such of those books or records as are specified in the order shall be deposited in the diocesan record office within the period of seven days beginning with the date of service of the order.

If after considering any such representations the bishop is of opinion that action by him under subsection (3) above is unnecessary but that he should proceed under this subsection, he shall serve a further notice on the persons referred to in subsection (1) above informing them that he will make an order under subsection (5) below unless within such period as may be specified in the notice they satisfy him—

as the circumstances of the case require.

If at the expiration of the period specified in a notice served by him under subsection (4) above the bishop is not satisfied as to the matters so specified then, subject to subsection (6) below, he shall order that such of the register books or records in parochial custody as are specified in the order shall be deposited in the diocesan record office within the period of seven days beginning with the date of service of the order.

No order shall be made under this section in relation to register books which are in use for the purpose of making entries therein.

An order under this section shall be directed to, and served on, the person or persons having the custody of the register books or records specified in the order.

Where a diocese has more than one diocesan record office, an order under this section shall specify the office in which any register books or records are to be deposited in accordance with the order.

If any person on whom an order made by the bishop of a diocese under this section is served refuses or fails to comply with the order, the bishop of that diocese may apply to the county court for the district in which the register books or records to which the order relates are for an order that that person do deliver those books or records to the diocesan record office specified in the first-mentioned order, and the court, if satisfied that that order was made in accordance with the provisions of this section, may make an order accordingly.

Where any register books or records have been deposited in the diocesan record office for a diocese or any part thereof in pursuance of this Measure, then, subject to subsection (2) below, if an application in that behalf is made to the bishop of the diocese by any person who would have been entitled to have the custody of them had they not been so deposited, the bishop shall order that those books or records or such of them as may be specified in the order shall be returned to and placed in the custody of that person.

A bishop shall not make an order under this section unless he is satisfied—

will be complied with by the applicant for the order.

At least one month before making an order under this section the bishop shall give to the chief officer of the diocesan record office in which the register books or records in question were deposited written notice of his intention, containing particulars of such books or records and stating the name and address of the person into whose custody they are to be returned.

The making of an order under this section with respect to any books or records shall not be taken as preventing the subsequent deposit of those books or records in a diocesan record office under section 10 of this Measure or as affecting the power to make an order under section 12 thereof with respect to them.

Where in consequence of the foundation of a new diocese or an alteration in the areas of dioceses any part of a diocese becomes part of another diocese, any register books or records belonging to parishes in that part which have been deposited in a diocesan record office may be transferred to the diocesan record office for that other diocese.

Where a diocesan record office is established for part of a diocese, any register books or records belonging to parishes in that part which have been deposited in another such office may be transferred to the office for that part.

Subject to subsection (2) below, any person having the custody of any register books or records in parochial custody may deposit any of them for a limited period in a diocesan record office or other suitable and safe place approved by the bishop of the diocese in which they are for the purpose of exhibition or research or for the purpose of enabling copies or lists to be made of them or copies of any part thereof.

The power conferred by subsection (1) above on a person having the custody of such books or records may be exercised at the request of any other person, but, whether or not any such request is made, the first mentioned person, if not the parochial church council concerned, may exercise that power only with the consent of that council.

Where a request for the deposit in accordance with subsection (1) above of any such books or records is made to the person having the custody of them, then—

the bishop of the diocese in which such books or records are, on the application of the person who made the request and after giving the parochial church council concerned and any other person who has the custody of them an opportunity to make representations to him, may order them to be deposited for a period specified in the order in a diocesan record office or other suitable and safe place approved by him for any of the purposes mentioned in subsection (1) above.

Before approving a place as a suitable and safe place for the purposes of this section the bishop of a diocese shall consult the chief officer of the diocesan record office or, where the diocese has more than one such office, the chief officer of the appropriate office.

Any person who has the custody of an electronic register book of services may, for a limited period and in the manner approved by the bishop of the diocese concerned, make the register book available for the purpose of exhibition or research or for the purpose of enabling a copy to be made of the register book or any part of it.

The power conferred by subsection (1) may be exercised at the request of any person; but, whether or not such a request is made, the power may be exercised only with the consent of the parochial church council concerned.

Where such a request is refused or the parochial church council refuses to give its consent, the bishop of the diocese concerned may, on the application of the person who made the request, order the register book to be made available for the period and in the manner specified in the order.

Before exercising the power under subsection (3), the bishop must give the person who has the custody of the register book and the parochial church council concerned an opportunity to make representations.

Subject to the provisions of this section and of section 18(1), where a request in that behalf is made to the chief officer of a diocesan record office, he may authorise such of the register books or records in his custody by virtue of this Measure as may be specified in the authorisation to be transferred to, and deposited for such period as may be so specified in, a suitable and safe place for the purpose of exhibition or research.

Where a request under this section is made by the parochial church council of the parish to which the register books or records in question belong, the chief officer shall issue the authorisation requested if he is satisfied that the place of deposit specified in the request is a suitable and safe place.

Where a request under this section is made by any person other than the parochial church council of the parish to which the register books and records in question belong, the chief officer may issue the authorisation requested only with the consent of that council.

The period during which any register books or records may be deposited in any place by virtue of any provision of section 16 or 17 of this Measure shall not exceed one year; but the person by whom that period was fixed shall have power, exercisable with the consent of the parochial church council concerned, to extend that period for a further period, not exceeding one year; and the said power may be exercised from time to time before or after the expiration of any extension of a period of deposit.

The expenses arising out of the transfer, deposit and return of register books and records in pursuance of any provision of the said section 16 or 17 shall be paid by the person at whose request the deposit is made.

Before—

he may require the person who made the request to effect with the Ecclesiastical Insurance Office Ltd. or such other insurance office as may be agreed between that person and that council insurance against risks of loss of, or damage to, the register books and records while in transit to or from the place in which they are to be deposited in accordance with the request, order or authorisation, as the case may be, or while so deposited in that place, for such sum as may be so agreed.

Where a parish is dissolved by a pastoral scheme, whether in consequence of a union of parishes or otherwise, then, subject to the provisions of that scheme, the register books belonging to that parish and any records in parochial custody therein shall be dealt with in such manner as the bishop of the diocese concerned may direct.

F1... Where a church within the meaning of the M1Pastoral Measure 1968 ceases to be used as such, whether by reason of a declaration of redundancy, demolition or otherwise, then, unless the bishop of the diocese in which that church is otherwise directs or any pastoral scheme otherwise provides, the register books and records kept in or relating to that church shall be deposited in the diocesan record office for the diocese or part thereof in which the church is situated.

Subsections (1) and (2) above are without prejudice to the power of the bishop of the diocese referred to therein to make an order under section 12 of this Measure with respect to such books or records, and section 13 thereof, with the omission of subsection (3), shall apply in relation to any such books or records which in compliance with the direction of the bishop have been deposited in a place which is not a diocesan record office.

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Where any register books which were originally in parochial custody in a diocese are in the possession of any other person who has no title to or right to the possession of them, the bishop of the diocese in which the parish in question is situated may apply to the county court for the district in which those books are for an order that that person do deliver those books to him, and the court if satisfied that that person has no title to or right to the possession of them may order him to deliver them to the bishop.

Register books delivered to a bishop in accordance with an order of the court under subsection (1) above may, as he thinks fit, be placed by him in the custody of the person who would have had the custody of them had they remained in parochial custody or be deposited by him in the diocesan record office for his diocese.

For the removal of doubt it is hereby declared that subject to the provisions of this Measure and of the M1Marriage Act 1949 the title to or right to the possession of register books in the custody of any person by virtue of this Measure is incapable of assignment whether for value or otherwise.

Any notice or order required or authorised by this Measure to be served on or sent or given to any person may be served, sent or given by delivering it to him, or by leaving it at his proper address, or by post F1, or by electronic means.

Any such notice or order required or authorised to be served on, sent or given to, a parochial church council shall be duly served, sent or given if it is served on or sent or given to the secretary of that council.

For the purposes of this section and of section 26 of the M1Interpretation Act 1889 in its application to this section, the proper address of the person on or to whom any such notice or order is required or authorised to be served, sent or given shall be the last known address of that person.

The enactments specified in Schedule 3 to this Measure shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Measure.

The enactments specified in Schedule 4 to this Measure (which include enactments which were obsolete, spent or unnecessary befor the passsing of this Measure) are hereby repealed to the extent specified in column 3 of that Schedule.

Any registration effected, certificate or directions issued, order made, or other thing done under any enactment repealed by this Measure shall not be invalidated by the repeal effected by subsection (2) above but shall have effect as if effected, issued, made or done under the corresponding provision of this Measure.

Without prejudice to subsection (3) above, any reference in this Measure to a thing done under or for the purposes of a provision of this Measure shall, in so far as the context permits, be construed as including a reference to the corresponding thing done under or for the purposes of the corresponding provision of the enactments repealed by this Measure.

Nothing in subsection (1), (3) or (4) above shall be taken as prejudicing the operation of section 38 of the M1Interpretation Act 1889 (which relates to the effect of repeals) as applied by the M2Interpretation Measure 1925.

This Measure may be cited as the Parochial Registers and Records Measure 1978.

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This Measure shall extend to the whole of the provinces of Canterbury and York, except the Channel Islands and the Isle of Man, but may be applied to the Channel Islands, or either of them, as defined in the M1Channel Islands (Church Legislation) Measures 1931 and M21957, in accordance with those Measures and may by Act of Tynwald be extended to the Isle of Man, with such exceptions, adaptations and modifications, if any, as may be specified in such Act.