Salford Council are having a laugh aren't they?

[acorngen]

Parmesan,

Guy may be best placed to advise here but I think they are breaking the law in that case

Rob

[Parmesan]

Thanks Rob, I will check it out.

[Guy Etchells]

I assume Salford are relying on the Local Government Act 2003 to make a discretionary cherge.

However the Local Government Act 2003 section 93 states -
"93 Power to charge for discretionary services

(1) Subject to the following provisions, a best value authority may charge a person for providing a service to him if—

(a) the authority is authorised, but not required, by an enactment to provide the service to him, and

(b) he has agreed to its provision.

(2) Subsection (1) does not apply if the authority—

(a) has power apart from this section to charge for the provision of the service, or

(b) is expressly prohibited from charging for the provision of the service. "

All Registrars and Superintendant Registrars have a statutory duty (under the Marriage Act, 1949 and the Births and Deaths Registration Act, 1953) to provide a requested certificate therefore the discrectionary power to raise and additiona charge does not apply.
Cheers
Guy

[acorngen]

I have emailed them asking for specific details as to why they make this charge when as Guy states the have a statutory duty to provide them

When I get a reply I will copy it here and if I dont receive a reply I will go higher

ROb

[Cal241]

I can well believe that of Salford Council ... as I live in the area .... where / who are you researching?

[acorngen]

I am and am not.  I am doing some research in the area for a client but right now I don't need the Salford Cert but if I do I will be sending £9 with a letter stating if they dont send the cert I will be taking legal action lol

[Parmesan]

Thanks Guy and Rob too! 

Nice one Rob, do let me know if you get a response.

Cal 241 I am researching a family originally from Staffordshire.  There is a marriage certificate I want to order.

[acorngen]

Ok the reply I have received from salford council

Dear Sir
 
The City of Salford took the decision a few years ago to charge an administration fee for processing all certificate applications made by post or by telephone/online with payment being made with a credit/debit card.  This is in line with neighbouring authorities who also charge administration fees.   
 
As the turn around for issuing certificates at Salford is very high, usually within 24 hours, we often receive praise for the service we provide and therefore the administration fee is set to cover all costs including postage.
 
You can however, apply in person for a 2 day service, and just pay the statutory fee of £9.00, and therefore, as it is made clear that the additional £1.00 is an administration fee, and not the statutory fee for a certificate, it is not in breach of any law.
 
Regards
Salford Register Office

They are taking the ****

[Mr. MIGKY]

So it is £1 for P&P then ?
Migky