The Consular Fees Order 1994

Made: 2nd November 1994

Coming into force: 24th November 1994

At the Court at Buckingham Palace, the 2nd day of November 1994 Present, The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 1(1) of the Consular Fees Act 1980[^f00001], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1

This Order may be cited as the Consular Fees Order 1994 and shall come into force on 24th November 1994.

2

In this Order—

• (a) “consular officer” means any person authorised by the Secretary of State to exercise consular functions, or functions in the United Kingdom which correspond with consular functions, (including persons who are not, as well as persons who are, consular officers);

• (b) “consular employee” means any person employed in the administrative or technical service of the consular post or diplomatic mission;

• (c) “consular premises” means the buildings or parts of buildings used for the purposes of the consular post or diplomatic mission;

• (d) “entry clearance” means a visa, entry certificate, entry permit or other document which, in accordance with the applicable immigration laws or rules, is to be taken as evidence of a person’s eligibility for entry into the United Kingdom, a dependency of the United Kingdom, or any other country or territory, as the case may be (but does not include a work permit).

• (e) “replacement passport” means a passport issued in substitution for a valid passport in order to incorporate an addition or amendment thereto.

3

The fees set forth in the table of fees in the Schedule to this Order are prescribed to be levied by consular officers and by marriage officers under the Foreign Marriage Act 1892[^f00002] and the Marriage with Foreigners Act 1906[^f00003] in the execution of their duties, and the said table of fees shall be construed as part of this Order.

4

The following Orders are hereby revoked—

• The Consular Fees Order 1989[^f00004]

• The Consular Fees (Amendment) Order 1989[^f00005]

• The Consular Fees (Amendment) (No 2) Order 1991[^f00006]

• The Consular Fees (Amendment) (No 3) Order 1991[^f00007]

• The Consular Fees (Amendment) Order 1992[^f00008]

• The Consular Fees (Amendment) Order 1993[^f00009].

SCHEDULE — TABLE OF CONSULAR FEES

PART I — NOTARIAL AND KINDRED MATTERS

1

Preparing any certificate, declaration or document not otherwise provided for—

• (a) in standard form, per copy

2

Preparing or signing, or both, a declaration of existence

3

• (1) Attesting or legalising a signature or seal

4

Supplying witnesses, for each witness—

5

Initialling alterations in any document not prepared by the consular officer or marking exhibits, for each initialling or marking—

6

Making or verifying (including certifying where necessary) a copy of a document—

• (a) in typescript or made by photographic process outside the consular premises, for each page

7

Uniting documents and sealing the fastening (except where fee 39 is applicable), or affixing a photograph to a document not prepared by the consular officer and if necessary certifying it (except where fee 19 is applicable)

8

Obtaining a legalisation or other certification from another authority upon any document

9

Supplying certified copies of documents forming part of the records of a court which is, or was formerly, established under the Foreign Jurisdiction Acts 1890[^f00010] and 1913[^f00011]

10

Making or verifying (including certifying where necessary) a translation in writing of a document or part of a document, for each 100 words or characters (or part thereof) in the foreign language—

• (a) from or into Amharic, Chinese, Japanese or Korean (three Japanese Kana being counted as one character when used independently)

11

Translating and interpreting viva voce (except where necessary for the performance of official duties)—

• for every 15 minutes

PART II — PASSPORTS, VISAS AND KINDRED MATERIAL

12

Issuing a passport of not more than 32 pages which includes replacing an expired passport, and issuing a new passport of full validity when an original passport of restricted validity is unavailable

13

Issuing a passport of 48 pages which includes replacing an expired passport, and issuing a new passport of full validity when an original passport of restricted validity is unavailable

14

—

• (i) Issuing a British Visitor’s passport except where fee 14(2) is applicable

15

Issuing an excursion document for travel to France

16

Issuing a collective passport

17

Amending an existing passport by adding the particulars of a child or children

18

Amending an existing passport by amending the holder’s name at the request of the holder, or issuing a replacement passport which contains such amendment

19

Amending an existing passport by adding a fresh photograph or amending the holder’s description, or issuing a replacement passport which contains such addition or amendment

20

• (a) Receiving an application for—

• (i) entry clearance (other than for the United Kingdom or a dependency of the United Kingdom)

21

Issuing and, where required, preparing an Emergency Passport or other document not otherwise provided for in lieu of a passport, or accepting a Declaration of Identity on which a visa is to be granted and issuing a certificate on such declaration describing the applicant

22

—

• (1) Receiving, outside the United Kingdom, an application for

• (a) a visa for passing through the United Kingdom without entering it, where the applicant is under 25 years of age

23

Renewing a Travel Certificate, a certificate of identity or other travel document on behalf of a Commonwealth country or of a dependency of a Commonwealth country

24

Renewing a Travel Certificate, a certificate of identity or other travel document on behalf of a dependency of the United Kingdom

25

Revalidating or renewing a Seaman’s Certificate of Nationality and Identity or a Seaman’s Identity Book

PART III — MARRIAGES, BIRTHS AND DEATHS

26

Receiving notice of an intended marriage

27

Solemnising or attending a marriage under the Foreign Marriage Acts 1892 to 1947 (as amended)[^f00012], administering oaths to the parties and registering the marriage

28

Issuing in English or in the local language a certificate that no impediment to an intended marriage has been shown to exist

29

Transmitting a record of a marriage under the local law to the appropriate Registrar General in accordance with Article 7(1) of the Foreign Marriage Order 1970[^f00013], including the provision of any necessary certification

30

Issuing a “certificat de coutume” for an intended marriage in accordance with the local law

31

Registering a birth or death

32

Making an addition to or correction in the consular register of births, deaths or marriages at the request of the parties concerned

33

Furnishing a certified copy of an entry in the consular register of births, deaths or marriages

PART IV — SEARCHES

34

Making a search in—

• (a) the consular registers of births, deaths or marriages where the number or date of

entry is not provided

35

Having a search made for, or obtaining copies of, or both, entries in the local registers or records not kept by a consular officer—

• for an entry in a local register of births, deaths or marriages

PART V — ESTATES

36

Administering in full or in part, safeguarding, or arranging the transmission of all or part of the personal effects and other estate of a deceased person or proceeds thereof, excepting the wages and personal effects of a seaman and except where the gross current market value is less than £1000, on the amount of the gross current market value

PART VI — ATTENDANCES

37

Attending (except in connection with commercial enquiries) for each hour or lesser period, including if appropriate the time taken in proceeding from a reasonable point of departure and in returning to a reasonable point—

• (a) at the consular premises during customary business hours for the purpose of supervising an examination

PART VII — MATTERS RELATING TO LEGAL PROCEEDINGS

38

Presiding at the taking of evidence under a commission or order from a Court, including any matter or thing done by the consular officer as examiner—

• (a) for the first two hours or less on the first day

39

Providing evidence of service or attempted service

40

Providing the services of a consular officer or consular employee—

• (a) to assist the consular officer in the taking of evidence under a commission or order from a Court, for each such person—for each hour or less

41

Forwarding a request to a local authority for the taking of evidence or the service of a document, where necessary, certifying the accuracy of a translation accompanying the document

PART VIII — REPATRIATION AND FINANCIAL ASSISTANCE

42

Arranging the repatriation of a person or a group of persons of the same family and travelling together

43

Arranging for currency to be made available against the payment of a sterling cheque or against the deposit elsewhere of funds with or to the order of Her Majesty’s Government in the United Kingdom

PART IX — SHIPPING, SEAMEN AND KINDRED MATTERS

44

Granting or considering whether to grant a provisional certificate of registry—

• (a) where the owner is a private individual

45

Receiving a return of the birth or death of any person on board a ship and endorsing the agreement with the crew accordingly

46

Examining or arranging for the examination of provisions or water, payable by the party who proves to be in default

47

Noting a marine protest and furnishing one certified copy if required

48

Extending a marine protest, filing the original and furnishing one certified copy if required—

• (a) for any number of words up to 200, excluding the declaratory clause

49

Making a request, or issuing or arranging for the issue of a document, in connection with a survey of a ship—

• (a) for the purposes of the International Convention for the Safety of Life at Sea 1974[^f00014] (SOLAS) or of the International Convention for the Prevention of Pollution from Ships 1973[^f00015] as modified by its Protocol of 1978[^f00016] (MARPOL)

50

Issuing a bill of health

51

Preparing or signing, or both, any document, whether required by the Merchant Shipping Acts or by the local authorities, relating to the master or the members of the crew or a ship, to their numbers, names or other details, or to their engagement, discharge, desertion or death

52

Signing and, if required, sealing any document at the request of the master of the ship

53

Inspecting—

• (a) a ship’s papers when required to enable a consular officer to do any matter or thing in respect of a ship

Signed

N. H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order revokes and replaces the Consular Fees Order 1989 and subsequent amending Orders. It increases some consular fees by amounts that are intended to meet, to some extent, the increase in the cost of providing the services. The increase is a step towards eventual full cost recovery. The average increase is approximately 50 per cent.

Footnotes

[^f00001]: 1980 c. 23.

[^f00002]: 1892 c. 23.

[^f00003]: 1906 c. 40.

[^f00004]: S.I. 1989/152.

[^f00005]: S.I. 1989/844.

[^f00006]: S.I. 1991/2291.

[^f00007]: S.I. 1991/2629.

[^f00008]: S.I. 1992/2669.

[^f00009]: S.I. 1993/1781.

[^f00010]: 1890 c. 37.

[^f00011]: 1913 c. 16.

[^f00012]: 1892 c. 23, 1934 c. 13, 1947 c. 33, 1988 c. 44.

[^f00013]: S.I. 1970/1539.

[^f00014]: Cmnd. 7874.

[^f00015]: Cmnd. 5748.

[^f00016]: Cmnd. 7437.

[^f00017]: 1970 c. 36.