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Archiver > GENBRIT > 1999-10 > 0939003258


From: Sandy <>
Subject: Re: Copyright Issues
Date: Mon, 04 Oct 1999 02:14:18 GMT


The fees referenced sound like the Parochial Fees Orders - statutory
instruments passed pretty much annually, I think, by Parliament.

These include everything from the charges to be made for marriages and
burials and placing of monuments...but also include searches in the
parish registers.

By law, the fees MUST be posted in the parish church.
HOWEVER....the fee for searches of parish registers (as specifically
noted IN the statute) are for *particular* searches (not more general ones)....
"> 9. Searches in Church Registers, etc.
> The search fee relates to a "particular search" where the approximate date of the baptism, marriage or burial is
> known. The fee for a more general search of a church register is negotiable with the incumbent and the Parochial
> Church Council.

THESE types of searches reference something OTHER than genealogical
research - usually they are referencing searches of more current parish
registers for legal reasons (or for placing a monument on a grave)...and
usually they don't even take an hour to perform.
(most recent statute which goes into effect Jan 2000, sets the fees at
£13 for up to one hour - £8 of which is payable to the incumbent and £5
to the Parochial Council - and £11 for each subsequent hour.) FYI, the
2000 rates have not been raised...they are the same as for the current
year. This year's rates, however, were £1 higher than the rates for 1998.

In MOST cases, general searches of registers will be carried out by the
individual (or maybe by a private researcher you hire) AT the records
office, because this is where MOST of the older registers now reside.

BUT, the exception within the statute which provides for a "negotiation"
of the fee for general searches is meant to allow flexibility for those
cases in which a local parish still retains possession of its registers.

However, if general searches of registers still housed at local parishes
is required, I don't think it should be viewed as unusual (or somehow
unfriendly) that the rector or parish archivist may either conduct the
search for you...or at the very least, be present if you are allowed to
search the books for yourself. After all, EVEN at the county
records/diocesan archives offices, you will not likely be provided
opportunity to personally handle and search through the old registers.
Instead, you will be able to view thm via microfiche/film.
Remember, these books are very old and often quite fragile. Allowing
them to be handled by hundreds, or thousands, of researchers is not in
the best interest of the records themselves. And parish churches aren't
research facilities with microfiche/films and readers...they're churches.

You can view the most recent Parochial Fees Order (and see the listing
of fees) by going to Her Majesty's Stationery Office site....
http://www.hmso.gov.uk/
and running a search for: Statutory Instrument 1999 No. 2113 "he
Parochial Fees Order 1999."


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Kenneth Johnson wrote:
>
> Brenda:-
> I can tell you from personal experience that a recognised scale of
> charges does exist for searching registers at the church, just as there
> is a scale for weddings and funerals. The list usually lurks in a
> cupboard in the vestry. When we have been reduced to consulting original
> registers at a church, the incumbant has never levied the full search
> charge, which is quite a notable sum.
> Ken & Sheila Johnson,
> Ilkley, West Yorks.
> UK
>
> ----- Original Message -----
> From: Brenda Paternoster <>
> Sent: Saturday, October 02, 1999 9:08 PM
> Subject: Re: Copyright Issues
>
> > On Fri 1 Oct 1999 (23:49:18), wrote:
> > >> How can parish registers NOT be in the public domain...
> > >
> > >When they are in the hands of a local parson who REFUSES to allow
> > >anyone
> > >access to them. There is one such near here!
> > >
> > I've always thought that anyone has a legal right to see any parish
> register -
> > if it's still in the care of the incumbant than he HAS to provide
> access at 'a
> > reasonable time' and by prior arrangement. If he's really difficult
> he may
> > stand breathing down your neck, or even forbid you to handle the book
> and turn
> > the pages for you! but he has to allow you sight of it, though I'm not
> sure
> > about what fee he can legally charge for the priviledge.
> >
> > Brenda in Kent
> > --
> >
> >
> >
> >
> >

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