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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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Preservation and care of register books and records in parochial custody
9. Inspection of register books and records in parochial custody
10. Deposit of register books, etc. in diocesan record office
11. Care, etc. of register books and records in parochial custody
12. Order for deposit of register books, etc. in diocesan record office
12A. Faculty not required for deposit of register books, etc. in diocesan record office
13. Return to parochial custody of register books, etc. deposited in diocesan record office
Custody, care, etc. of certain books and records held in diocesan record office
Making register books and records available for purposes of exhibition, research, etc
A Measure passed by the General Synod of the Church of England to consolidate with amendments certain enactments relating to the registration of baptisms and burials and to repeal some of those enactments without re-enactment; to make fresh provision in place of the Parochial Registers and Records Measure 1929 with respect to diocesan record offices, the deposit therein of certain parochial registers and other records in ecclesiastical custody and the care of such registers and records; and for purposes connected therewith.
[2nd February 1978]
I1Measure not in force at Royal Assent see s. 27(2); Measure wholly in force at 1.1.1979
(1)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.
(2)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.
(3)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.
(4)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.
(1)Where the ceremony of baptism according to the rites of the Church of England is performed—
(a)in the parish church of a parish or, in the case of a parish having more than one such church, any parish church thereof, or
(b)in any other place in a parish by a minister of the parish,
the person by whom the ceremony was performed shall as soon as possible thereafter enter in the appropriate register book of baptisms the particulars required in Form No. 1 in Schedule 1 to this Measure and shall sign the register in the place provided.
(2)Where the ceremony of baptism according to the said rites is performed in any place in a parish other than a parish church by a person who is not a minister of the parish, the person by whom the ceremony was performed shall as soon as possible thereafter send to the incumbent or priest in charge of the parish a certificate signed by him certifying when and where the ceremony was performed and containing the other particulars required in Form No. 1 in the said Schedule 1.
[F1(3)Where the ceremony of baptism according to the said rites is performed in an extra-parochial place or an institution in respect of which a clerk in Holy Orders is for the time being licensed under section 2 of the Extra-Parochial Ministry Measure 1967 to perform any offices or services, then, unless the ceremony is performed in a church, chapel or institution for which a register book of baptisms has been provided by virtue of section 5 of this Measure or any enactment repealed by this Measure, the person by whom the ceremony was performed shall as soon as possible thereafter send a certificate signed by him, certifying when and where the ceremony was performed and containing the other particulars required in Form No.1 in the said Schedule 1, to the incumbent or priest in charge of—
(a)in the case of a ceremony performed in an extra-parochial place, such of the adjoining parishes as the bishop in whose diocese that place is may direct; or
(b)in the case of a ceremony performed in such an institution, the parish in which the institution is.]
(4)On receiving a certificate under subsection (2) or (3) above the incumbent or priest in charge shall enter particulars of the baptism to which the certificate relates in the appropriate register book of baptisms and shall add to the entry the following words “According to the certificate of received by me on the day of”.
(5)In this section “minister”, in relation to a parish, means the incumbent of the benefice to which the parish belongs, a vicar in a team ministry for the area of that benefice, the priest in charge of the parish and any curate licensed to officiate in the parish.
F1S. 2(3) substituted (1.1.1993) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 4(1), Sch. 1 para.2;Instrument dated 7.9.1992 made by the Archbishops of Canterbury and York.
(1)Subject to subsection (4) below, the minister officiating at a burial according to the rites of the Church of England shall as soon as possible after the burial has taken place enter in the appropriate register book of burials the particulars required in Form No. 2 in Schedule 1 to this Measure and shall sign the register in the place provided.
[F1(2)Subject to subsection (4) below, where a burial according to the said rites takes place in an extra-parochial place or an institution in respect of which a clerk in Holy Orders is for the time being licensed under section 2 of the Extra-Parochial Ministry Measure 1967 to perform any offices or services, then unless the burial takes place in the burial ground of a church, chapel or institution for which a register book of burials has been provided by virtue of section 5 of this Measure or any enactment repealed by this Measure, the minister officiating at the burial shall as soon as possible after the burial has taken place send a certificate signed by him, certifying when and where the burial took place and containing the other particulars required in Form No.2 in the said Schedule 1, to the incumbent or priest in charge of—
(a)in the case of burial in an extra-parochial place, such of the adjoining parishes as the bishop in whose diocese that place is may direct; or
(b)in the case of a burial in the burial ground of such an institution, the parish in which the institution is.]
(3)On receiving such certificate the incumbent or priest in charge shall enter particulars of the burial to which the certificate relates in the appropriate register book of burials and shall add to the entry the following words “According to the certificate of received by me on the day of”.
(4)Subsections (1) and (2) above shall not apply in relation to a burial which takes place in a cemetery to which an Act incorporating the M1Cemeteries Clauses Act 1847 applies or in a cemetery provided and maintained by a burial authority within the meaning of section 214 of the M2Local Government Act 1972.
(5)In this section “minister” means any person who is authorised to bury the dead according to the rites of the Church of England.
F1S. 3(2) substituted (1.1.1993) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 4(1), Sch. 1 para.3;Instrument dated 7.9.1992 made by the Archbishops of Canterbury and York.
M11847 c. 65.
M21972 c. 70.
(1)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.
(2)The persons referred to in subsection (1) above are—
(a)in the case of an erroneous entry in a register book of baptisms, either or both of the parents of the child to whom the entry relates or, in the case of the death or absence of both of them, the churchwardens of the parish to which the register book belongs; and
(b)in the case of an erroneous entry in a register book of burials, two persons who were present at the burial to which the entry relates or the churchwardens of the parish to which the register book belongs.
(3)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 preceding provisions of this Measure shall, so far as applicable and with the necessary modifications, apply in relation to
[F1(a)the provision of register books of baptisms or burials for—
(i)any cathedral or collegiate church; or
(ii)any other church or chapel which does not belong to a parish; or
(iii)any institution in respect of which a clerk in Holy Orders is for the time being licensed under section 2 of the Extra-Parochial Ministry Measure 1967 to perform any offices or services;
(b)the registration of baptisms performed in any such church, chapel or institution; and
(c)the registration of burials which take place in any burial ground belonging to any such church, chapel or institution]
F1Words in s. 5 substituted (1.1.1993) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 4(1), Sch. 1 para.4;Instrument dated 7.9.1992 made by the Archbishops of Canterbury and York.
(1)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.
(2)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.
(3)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.
(4)The preceding provisions do not apply to any register books which are for the time being deposited in a diocesan record office.
(1)Subject to subsection (2) below, there shall be a diocesan record office for every diocese.
(2)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.
(3)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.
(4)The bishop of a diocese shall not designate a place as a diocesan record office unless that place—
(a)is a depository provided by a local authority under the M1Local Government (Records) Act 1962 or the M2Local Government Act 1972 for documents deposited with or belonging to that authority; or
(b)is a place of deposit appointed under the M3Public Records Act 1958; or
(c)is in the opinion of the bishop a suitable place to be appointed as a place of deposit under that Act;
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.
(5)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.
(6)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.
(7)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.
(1)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.
(2)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.
(1)Every archdeacon shall cause the register books and records in parochial custody in his archdeaconry, including register books in use for the purpose of making entries therein, to be inspected and reported on periodically by such person or persons as he may appoint.
(2)Before making an appointment under subsection (1) above the archdeacon 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.
(3)The archdeacon shall cause every inspection under this section affecting a particular parish to be begun not more than five years after the date on which the immediately preceding inspection affecting that parish was completed.
(4)A report under this section shall be made to the archdeacon or to such person as he may designate for the purpose.
(5)Any person carrying out an inspection under this section shall compile a list of the register books, and a list describing the records, which have been inspected by him under this section.
(6)In the case of any inspection affecting a particular parish under this section any person carrying out the inspection may comply with subsection (5) above by certifying in writing that any such list previously compiled on an inspection affecting that parish, with such additions or omissions, if any, as are specified in the certificate is a list of the register books or a list describing the records, as the case may be, which have been inspected by him under this section.
(7)The person in whose custody such books or records are shall allow any person carrying out an inspection under this section to have access to those books and records at any reasonable time and shall give him such facilities as he may reasonably require to enable him to carry out his functions under this section.
(8)Any person carrying out an inspection under this section shall send a copy of any list or certificate compiled or issued by him thereunder to—
(a)the archdeacon,
(b)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,
(c)the minister concerned, and
(d)the parochial church council of the parish affected,
with, in the case of the copy sent to such council, an instruction that it be inserted in or annexed to the inventory of articles appertaining to the parish church and the date or dates on which the inspection was carried out be inserted in the log book relating to the church.
In this subsection “minister” means an incumbent or priest in charge.
(9)Any expenses incurred by a person carrying out an inspection under this section in complying with the provisions thereof shall be paid by the parochial church council of the parish affected.]
F1S. 9 substituted (1.1.1993) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 4(1), Sch. 1 para.5;Instrument dated 7.9.1992 made by the Archbishops of Canterbury and York.
C1S. 9(3) modified (1.1.1993) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 4(2);Instrument dated 7.9.1992 made by the Archbishops of Canterbury and York.
(1)Any register book to which this section for the time being applies shall be closed and no further entries shall be made therein.
(2)This section applies to any register book wherein the earliest entry has (at any time, whether at the coming into force of this section or subsequently) been in existence for one hundred and fifty years or more, other than a register book of marriages wherein the earliest entry was made on or after 1st July 1837.]
F1S. 9A inserted (1.1.1993) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 4(1), Sch. 1 para.6;Instrument dated 7.9.1992 made by the Archbishops of Canterbury and York.
(1)Subject to section 11(3) of this Measure, every person—
(a)who by virtue of section 6 of this Measure has the custody of any register book belonging to a parish in a diocese, being a register book to which this subsection applies, or
(b)who has the custody of any record in parochial custody in such a parish, being a record to which this subsection applies,
shall as soon as practicable after the first and each subsequent inspection under section 9 of this Measure affecting that parish is begun deposit that book or record in the diocesan record office or, where the diocese has more than one such office, in such of those offices as the bishop of the diocese may specify.
(2)Subsection (1) above applies to—
(a)any register book wherein the date of the latest entry is one hundred years or more earlier than the relevant date, other than a book in use for the purpose of making entries therein, and
[F1(aa)any register book to which section 9A of this Measure applies, and]
(b)any record which was completed one hundred years or more before the relevant date.
In this subsection “relevant date” means the date on which each of the inspections referred to in subsection (1) above is begun.
(3)Without prejudice to subsection (1) above, any person—
(a)who by virtue of section 6 of this Measure has the custody of any register books belonging to a parish in a diocese, or
(b)who has the custody of any records in parochial custody in such a parish,
may, with the consent of the parochial church council of the parish, deposit any of those books or records, except a register book in use for the purpose of making entries therein, in the diocesan record office for the diocese or, where the diocese has more than one such office, in such of those offices as the bishop of the diocese may specify.
(4)Any deposit under this section shall be accompanied by—
(a)a list of the register books, and a list describing the records, which are being deposited; and
(b)a list of the register books, and a list describing the records, which are being retained in parochial custody, other than register books in use for the purpose of making entries therein.
(5)Each of the lists referred to in subsection (4)(b) above shall specify the usual place of custody of the books or records to which the list relates.
(6)A copy of each of the lists referred to in subsection (4) above shall be sent to the bishop of the diocese concerned or to such person as he may designate for the purpose.
(7)Any person who under this section deposits any register books or records in a diocesan record office shall obtain from the chief officer of that office a receipt for the books or records deposited, and that receipt shall be [F2inserted in or annexed to the inventory of articles appertaining to the parish church concerned.]
F1S. 10(2)(aa) inserted (1.1.1993) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 4(1), Sch. 1 para. 7(a);Instrument dated 7.9.1992 made by the Archbishops of Canterbury and York.
F2Words in s. 10(7) substituted (1.1.1993) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 4(1), Sch. 1 para. 7(b);Instrument dated 7.9.1992 made by the Archbishops of Canterbury and York.
C1S. 10(1) applied (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 2, SIF 21:8), ss. 21(7), (with s. 31(6)); Archbishops' Instrument dated 16.2.1993.
(1)Every person having the custody of any register books or records in parochial custody shall be responsible for their safe-keeping, care and preservation.
(2)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.
(3)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.
Parochial Registers and Records Measure 1978