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I regret that I missed the recent exchanges of messages about post 1837
marriage registers because I failed to reignite my membership of the list
after being on leave.

I have this very morning been drafting a note for publication in ARC on this
subject. This reads as follows, with some amendment to take account of the
fact that the new guidance is not yet published:

Archivists who work in record offices that are diocesan record offices for
Church of England material will be aware that the records they hold include
parochial registers of marriages since 1837. These are duplicates of the
registers held by the local registrar. The Crown asserts its copyright in
the design of these registers, and also exercises strict control over the
issue and copying of certificates of marriage. As a result HMSO issued in
1999 its Guidance Note 7 on The copying of birth, death and marriage
certificates.

Unfortunately, that guidance was seriously flawed because it failed to take
account of the fact that registers were held in diocesan record offices in
England and Wales, and of the provisions covering those registers in the
Marriage Act 1949 and the Parochial Registers and Records Measure 1978.
After much debate with the Office for National Statistics and sister bodies
in Scotland and Northern Ireland, the guidance has now been revised and
re-named The copying of birth, death and marriage certificates and
registers, and will be available by the end of August from HMSO (St
Clement's House, 2-16 Colegate, Norwich NR3 1BQ) or on-line at:
http://www.hmso.gov.uk/copyright/guidance/guidance_notes.htm

The guidance acknowledges that archivists of diocesan record offices in
England and Wales may provide copies from these marriage registers. It also
acknowledges that such archivists, together with Church of England parish
clergy, clerks of Quaker meetings and secretaries of Jewish synagogues may
supply official marriage certificates based on registers held by them.

I hope that is clear, and takes account of comments that I have missed.

Tim

----------------
Tim Padfield
Copyright Officer
Curator of Photographs
Secretary of the Lord Chancellor's Advisory Council on National Records and
Archives

The National Archives
Kew
Richmond
Surrey TW9 4DU

Tel +44 (0)20 8392 5381
Fax +44 (0)20 8392 5286
E-mail [log in to unmask]
Website http://www.nationalarchives.gov.uk



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