The Consular Fees Order 1998

Made: 11th February 1998

Coming into force: 26th March 1998

At the Court at Buckingham Palace, the 11th day of February 1998 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 1980¹ 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 1998 and shall come into force on 26th March 1998.

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 in the administrative or technical service of the consular post or diplomatic mission;

• (c) “consular premises” means the building 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 in the Schedule to this Order are prescribed to be levied by consular officers and by marriage officers under the Foreign Marriage Act 1892² and the Marriage with Foreigners Act 1906³ in the execution of their duties, and the said table shall be construed as part of this Order.

4

The Consular Fees Order 1997⁴ is hereby revoked.

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

except where—

• (a) the signature or seal is on a certificate or survey of foreign passenger ships running to or from the United Kingdom, or

• (b) the signature or seal is on a document required for the deposit or withdrawal of money in or from any British Post Office or other Government Savings Bank, or

• (c) the signature or seal is in connection with stocks or bonds on the registers of the Post Office, with Savings Bank Annuities or with the annuities granted direct by the National Debt Commissioners.

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 37 is applicable), or affixing a photograph to a document not prepared by the consular officer and if necessary certifying it (except where fee 17 is applicable)

8

Obtaining a legislation 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 1890⁵ and 1913⁶—for every page

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)—

PART II — PASSPORTS, VISAS AND KINDRED MATTERS

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—

• (a) for applications made by post in the UK

• (i) where the applicant is aged 16 years or over

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—

• (a) for applications made by post in the UK

14

Issuing a collective passport—

• (a) for applications made by post in the UK

15

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

• (a) for applications made by post in the UK

16

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—

• (a) for applications made by post in the UK

17

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

• (a) for applications made by post in the UK

18

—

• (1) Receiving an application for—

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

19

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

20

—

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

• (a) a visa for passing through the United Kingdom without entering it

• (b) entry clearance:

• (i) in respect of any of the following—

• for employment or self-employment for a period of six months or less,

• as a returning resident,

• as a visitor,

• as a student,

• as a passenger in transit, except where the sub-paragraph (a) above applies,

• as an “au pair”,

• for a working holiday,

• valid in each case in accordance with the following specified conditions

21

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

22

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

23

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

PART III — MARRIAGES, BIRTHS AND DEATHS

24

Receiving notice of an intended marriage

25

Solemnising or attending a marriage under the Foreign Marriage Acts 1892 to 1947 (as amended)⁷, administering oaths to the parties and registering the marriage

26

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

27

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 1970⁸, including the provision of any necessary certification

28

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

29

Registering a birth or death

30

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

31

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

PART IV — SEARCHES

32

Making a search in—

• (a) the consular registers of births, deaths or marriages where the number or date of entry is not provided

33

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 or for any other document

PART V — ESTATES

34

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 £1,000, on the amount of the gross current market value…2% rounded to the nearest £10.00 but with a fee, where a local lawyer is employed and the matters or things to be done by the consular officer are nominal, of

PART VI — ATTENDANCES

35

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 or elsewhere during customary business hours

except that where the attendance is for the purpose of supervising an examination and two or more persons are sitting examinations at the same time the fee may be apportioned between them;

PART VII — MATTERS RELATING TO LEGAL PROCEEDINGS

36

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

37

Providing evidence of service or attempted service

38

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

39

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

40

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

41

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

42

Granting or considering whether to grant a provisional certificate of registry, whether the owner is a private individual or body corporate

43

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

44

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

45

Noting a marine protest and furnishing one certified copy if required

46

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

47

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 1974⁹ (SOLAS) or of the International Convention for the Prevention of Pollution from Ships 1973¹⁰ as modified by its Protocol of 1978¹¹ (MARPOL)

48

Issuing a bill of health

49

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 of a ship, to their numbers, names or other details, or to their engagement, discharge, desertion or death

50

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

51

Inspecting—

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

except where fee 49 is taken in addition to fee 35

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 1997.

The Order sets out the fees to be charged for consular services. The overall effect is to continue the drive towards full cost recovery for fee-bearing consular services by revising charges for passport services.

Passport fees are raised from £18 to £21 (standard passport), and from £27 to £31 (48 page passport). The fee for amending an existing passport will be increased from £5 to £11. Children’s passports valid for five years will be issued at a cost of £11 (just over half the charge for a ten year standard passport), in contrast to the previous practice of charging the full standard fee then renewing the fee after five years.

For all passport fees there will be an extra £10 handling charge for applications made in person in the UK or applications made abroad. This reflects the increased cost of providing such services compared to dealing with postal applications.

Footnotes