If you've ever had a look at a document that has been issued by the General Registrar’s Office (GRO), which is often a birth, marriage or death certificate, then you will see at the bottom that it has a sentence on it that says it is subject to Crown Copyright. This means we cannot copy it. If this type of document is not an original (more on this later) we cannot submit it to the Foreign Commonwealth and Development Office (FCDO) for an apostille. It is not just GRO documents that have Crown Copyright attached, we also cannot copy Disclosure & Barring Service (DBS) documents, nor can we do this with an ACRO. Crown Copyright is covered by legislation and pops up in all sorts of places, including the gov.uk website. The British Library has lots of information for when copyright (not just Crown) applies. GRO certificates never used to have Crown Copyright attached as it does now, but it has been applied retrospectively to documents that predate the legislation. This also applies to all GRO issued documents, which could also be adoption certificates, and as I recently discovered, Certificates of No Impediment. The latter does not state it is subject to Crown Copyright, but does have a GRO reference number on. This means that only paper apostilles can be issued on these, and all other Crown Copyright documents mentioned here. Crown Copyright includes not just the copying, but also the scanning of the document (which is technically making a copy). Due to this, e-apostilles cannot be applied to the documents.
People are often unaware that Crown Copyright is our attached to a document and make the mistake of photocopying it. Sometimes these documents are included in bundles such as an affidavit as part of the supporting evidence for the statements the affiant wants to make. Unfortunately, we still cannot photocopy them, especially if you want to have an apostille attached. The photocopy needs to be removed and replaced with an original. What doesn't help is that some government departments specifically ask us to photocopy these documents, such as HM Land Registry. They will not accept original documents as they won't return them, so you have to photocopy a document that is subject to Crown Copyright. This makes our jobs as notaries difficult because we have to tell our clients what we can do as part of our role even though government bodies don't adhere to the same rules.
Overseas jurisdictions don't have the same problem particularly with birth, marriage and death certificates. You are legally able to photocopy these documents and make certified copies. We spoke of certified copies earlier in this article. The documents issued by the GRO now are entitled ‘Certified copy of an entry’ which can, quite rightly, also confuse people. This means that the General Registrar holds the original entry and all documents produced afterwards are certified copies. Even though it states that it is a certified copy it is treated as an original by the recipients and in particular by the FCDO. It is this version of the document that you will need to have an apostille or legalisation attached if you need it. It is worthy to note that Crown Copyright documents can be attained relatively cheaply. This is often done as at a similar price to a certified copy of an original that a solicitor or notary would produce. They are easy to order and cost as little as £11.00 if time is it on your side. You can obtain them from your local council where the document was issued all from the central GRO.
We spoke briefly about DBS certificates above, and we identified that we cannot copy these documents, again we need to use the originals. Because they are not signed by the Disclosure & Barring Service your basic or enhanced certificates need to be notarised or certified first. It is the signature of the notary or solicitor that will have the apostille issued against. An ACRO has a signature on it so it does not need the interference of a notary or a solicitor for you to get an apostille, they can be attached directly.
These documents often need to be translated when being sent abroad. Each country has their own requirements, but you typically need a certified translation. Most translators will enclose a copy of the original in their text and reproduce the translation in a similar, easy to compare format. They also cannot copy the original or reproduce the logos in their translation. They will need to include the original document and usually write ‘logo’ in place of the actual image. For example, many birth certificates for use in Italy, will need an apostille directly on the birth certificate, both of which are translated into Italian. The original birth certificate (with apostille), translation and the translator’s certification is then notarised (in English and Italian), to which a further apostille is attached.
In summary Crown Copyright applies to:
- Birth, marriage and other certificates issued by the GRO
- DBS certificates
- ACRO certificates
- Other documents issued by the British government
You cannot:
- Copy these documents
- Copy the logos
- Utilise e-apostilles
If you have any questions, please don’t hesitate to contact me.