[Opengenalliance] Update from Cornwall

[Alexandra Eveleigh]

Hello

GRO are right about one thing though - this is indeed an old chestnut, as
any local archivist will sigh and tell you (although the confusion does
usually focus on access and copying of the registers themselves, not the
local indexes).  The argument has been ongoing for at least 30 years, to my
knowledge.  Every so often, GRO gets hot under the collar about it, or a
local Diocesan archivist attempts to get some kind of clarity.  The issue
was last discussed on the UK archivists listserv in late 2011, and the
final message on the thread (this time last year) was from TNA saying they
had been looking into the legal aspects and promising imminent advice on
the subject.  I haven't seen anything (and can't immediately find anything
on TNA's website) but I'm no longer working at a Diocesan Record Office, so
may have missed it.  But if you are looking into this too, it might be
worth contacting the relevant people at TNA.

The listserv's new interface is confusing me this morning and I cannot work
out how to link to a whole thread - but if you go to
https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=ARCHIVES-NRA and search for
'marriage registers' you will find all the relevant messages.

Alexandra

On Fri, Jan 18, 2013 at 2:23 PM, Francis Davey <fjmd1a at gmail.com> wrote:

> Michael,
>
> A legal observation: the relevant section of the Marriage Act 1949 is
> gives members of the public a right to certified copies of entries in the
> index. What it does not do is prevent copies being taken of the index or
> entries in it for other purposes or in other ways. That means that this
> particular provision does not stop the Registration Office giving you what
> you want.
>
> It sounds to me like this is something that the OGA could take up at a
> higher level and if law is quoted to them by officials have ORG's legal
> advisors read, advise on and (if necessary) talk to the officials.
>
> Francis
>
> 2013/1/18 Michael J McCormick <michaeljmcc at gmail.com>
>
>> Hello folks
>>
>> We now have over 2.3 million records online, having just transcribed our
>> one millionth CoE baptism.  Although we remained targeted on our primary
>> aim of transcribing the parish registers, we are also looking for other
>> sources of data useful to Cornish family historians.  Currently we are
>> photographing and transcribing the 19th century prison registers for
>> Cornwall.
>>
>> For the last six months I have been exchanging emails with the
>> Registration Office in Cornwall, trying to persuade them to let us
>> photograph and transcribing the indices to the 19th century local BMD
>> registers.  The indexes, not the registers.  Yesterday they said no.
>>
>> They quoted from the Policy Dept of the GRO as follows:
>>
>> “This query is linked to a wider issue relating to access to records
>> by family history societies, Ancestry, Find my past etc.   We are still
>> seeking a resolution to this query and while I am unable to provide a
>> definitive answer at present, I will advise you as soon as I am aware of
>> the outcome.****
>>  ****
>> In the interim, you may wish to advise the parish clerks that the public
>> may only have access to the indices in the manner provided for by statue,
>> i.e. in accordance with s.64 of the Marriage Act 1949, where you will note
>> that there is no provision to transcribe or photograph the indexes, see
>> link below.****
>>  ****
>> http://www.legislation.gov.uk/ukpga/Geo6/12-13-14/76/section/64  “
>>
>> Does anyone know what the policy is?
>>
>> Any helpful suggestions on how we might proceed?
>>
>> Rgds
>>
>> Michael
>> TfC
>>
>>
>>
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>>
>
>
> --
> Francis Davey
>
>
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